Nominative
Accusative
Dative
Ablative
Genitive
Vocative
Locative
Passive
Deponent
Quintus Roscius (M. Tullius Cicero)
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Quintus Roscius

Author: M. Tullius Cicero
Translator: C. D. Yonge
1
malitiam
naturae
crederetur
.
is
scilicet
vir
optimus
et
singulari
fide
praeditus
in
suo
iudicio
suis
tabulis
testibus
uti
conatur
.
solent
fere
dicere
qui
per
tabulas
hominis
honesti
pecuniam
expensam
tulerunt
: '
egone
talem
virum
corrumpere
potui
,
ut
mea
causa
falsum
in
codicem
referret
?'
exspecto
quam
mox
Chaerea
hac
oratione
utatur
: '
egone
hanc
manum
plenam
perfidiae
et
hos
digitos
meos
impellere
potui
ut
falsum
perscriberent
nomen
?'
quod
si
ille
suas
proferet
tabulas
,
proferet
suas
quoque
Roscius
.
erit
in
illius
tabulis
hoc
nomen
,
at
in
huius
non
erit
.
... He, forsooth, excellent man, and of singular integrity, endeavours in his own cause to bring forward his account-books as witnesses. Men are accustomed to say.... Did I endeavour to corrupt such a man as that, so as to induce him to make a false entrance for my sake? I am waiting till Chaerea uses this argument. Was I able to induce this hand to be full of falsehood, and these fingers to make a false entry? But if he produces his accounts, Roscius will also produce his.
2
cur
potius
illius
quam
huius
credetur
?—
scripsisset
ille
,
si
non
iussu
huius
expensum
tulisset
? —
non
scripsisset
hic
quod
sibi
expensum
ferre
iussisset
?
nam
quem
ad
modum
turpe
est
scribere
quod
non
debeatur
,
sic
improbum
est
non
referre
quod
debeas
.
aeque
enim
tabulae
condemnantur
eius
qui
verum
non
rettulit
et
eius
qui
falsum
perscripsit
.
sed
ego
copia
et
facultate
causae
confisus
vide
quo
progrediar
.
si
tabulas
C
.
Fannius
accepti
et
expensi
profert
suas
in
suam
rem
suo
arbitratu
scriptas
,
quo
minus
secundum
illum
iudicetis
non
recuso
.
These words will appear in the books of the one, but not in those of the other. Why should you trust one rather than the other? Oh, would he ever have written it if he had not borne this expense by his authority? No, says the other, would he not have written it if he had given the authority? For just as it is discreditable to put down what is not owed, so it is dishonest not to put down what you do owe. For his accounts are just as much condemned who omits to make an entry of the truth, as his who puts down what is false. But see now to what, relying on the abundance and cogency of my arguments, I am now coming. If Caius Fannius produces in his own behalf his accounts of money received and paid, written at his own pleasure, I do not object to your giving your decision in his favour.
3
quis
hoc
frater
fratri
,
quis
parens
filio
tribuit
ut
,
quodcumque
rettulisset
,
id
ratum
haberet
?
ratum
habebit
Roscius
;
profer
;
quod
tibi
fuerit
persuasum
,
huic
erit
persuasum
,
quod
tibi
fuerit
probatum
,
huic
erit
probatum
.
Paulo
ante
M
.
Perpennae
,
P
.
Saturi
tabulas
poscebamus
,
nunc
tuas
,
C
.
Fanni
Chaerea
,
solius
flagitamus
et
quo
minus
secundum
eas
lis
detur
non
recusamus
;
quid
ita
non
profers
?
What brother would show so much indulgence to a brother, what father to a son, as to consider whatever he entered in this manner proof of a fact? Oh, Roscius will ratify it. Produce your books; what you were convinced of, he will be convinced of; what was approved of by you, will be approved of by him. A little while ago we demanded the accounts of Marcus Perperna, and of Publius Saturius. Now, O Caius Fannius Chaerea, we demand your accounts alone, and we do not object to the action being decided by them—Why then do you not produce them?
4
non
conficit
tabulas
?
immo
diligentissime
.
non
refert
parva
nomina
in
codices
?
immo
omnis
summas
.
leve
et
tenue
hoc
nomen
est
?
HS
ccciↄↄↄ
sunt
.
quo
modo
tibi
tanta
pecunia
extraordinaria
iacet
?
quo
modo
HS
ccciↄↄↄ
in
codice
accepti
et
expensi
non
sunt
?
pro
di
immortales
!
essene
quemquam
tanta
audacia
praeditum
qui
,
quod
nomen
referre
in
tabulas
timeat
,
id
petere
audeat
,
quod
in
codicem
iniuratus
referre
noluerit
,
id
iurare
in
litem
non
dubitet
,
quod
sibi
probare
non
possit
,
id
persuadere
alteri
conetur
!
Does he not keep accounts? Indeed he does most carefully. Does he not enter small matters in his books? Indeed be does everything. Is this a small and trifling sum? It is 100,000 sesterces. How is it that such an extraordinary sum us omitted?—how is it that a hundred thousand sesterces, received and expended, are not down in the books? Oh, ye immortal gods that there should be any one endued with such audacity, as to dare to demand a sum which he is afraid to enter in his account-books; not to hesitate to swear before the court to what, when not on his oath, he scrupled to put on paper; to endeavour to persuade another of what he is unable to make out to his own satisfaction.
5
nimium
cito
ait
me
indignari
de
tabulis
;
non
habere
se
hoc
nomen
in
codicem
accepti
et
expensi
relatum
confitetur
,
sed
in
adversariis
patere
contendit
.
Vsque
eone
te
diligis
et
magnifice
circumspicis
ut
pecuniam
non
ex
tuis
tabulis
sed
ex
adversariis
petas
?
suum
codicem
testis
loco
recitare
adrogantiae
est
;
suarum
perscriptionum
et
liturarum
adversaria
proferre
non
amentia
est
?
He says that I am indignant, and sent the accounts too soon; he confesses that he has not this sum entered in his book of money received and expended; but he asserts that it does occur in his memoranda. Are you then so fond of yourself, have you such a magnificent opinion of yourself, as to ask for money from us on the strength, not of your account-books, but of your memoranda? To read one's account-books instead of producing witnesses, is a piece of arrogance; but is it not insanity to produce mere notes of writings and scraps of paper?
6
quod
si
eandem
vim
,
diligentiam
auctoritatemque
habent
adversaria
quam
tabulae
,
quid
attinet
codicem
instituere
,
conscribere
,
ordinem
conservare
,
memoriae
tradere
litterarum
vetustatem
?
sed
si
,
quod
adversariis
nihil
credimus
,
idcirco
codicem
scribere
instituimus
,
quod
etiam
apud
omnis
leve
et
infirmum
est
,
id
apud
iudicem
grave
et
sanctum
esse
ducetur
?
quid
est
quod
neglegenter
scribamus
adversaria
?
If memoranda have the same force and authority, and are arranged with the same care as accounts, where is the need of making an account-book? of making out careful lists? of keeping a regular order? of making a permanent record of old writings? But if we have adopted the custom of making account-books, because we put no trust in flying memoranda, shall that which, by all individuals, is considered unimportant and not to be relied on, be considered important and holy before a judge?
7
quid
est
quod
diligenter
conficiamus
tabulas
?
qua
de
causa
?
quia
haec
sunt
menstrua
,
illae
sunt
aeternae
;
haec
delentur
statim
,
illae
servantur
sancte
;
haec
parvi
temporis
memoriam
,
illae
perpetuae
existimationis
fidem
et
religionem
amplectuntur
;
haec
sunt
disiecta
,
illae
sunt
in
ordinem
confectae
.
itaque
adversaria
in
iudicium
protulit
nemo
;
codicem
protulit
,
tabulas
recitavit
.
Why is it that we write down memoranda carelessly, that we make up account-books carefully? For what reason? Because the one is to last a month, the other for ever; these are immediately expunged those are religiously preserved; these embrace the recollection of a short time, those pledge the good faith and honesty of a man for ever; these are thrown away, those are arranged in order. Therefore, no one ever produced memoranda at a trial; men do produce accounts, and read entries in books.
8
tu
,
C
.
Piso
,
tali
fide
,
virtute
,
gravitate
,
auctoritate
ornatus
ex
adversariis
pecuniam
petere
non
auderes
.
You, O Caius Piso, a man of the greatest good faith, and virtue, and dignity, and authority, would not venture to demand money on the strength of memoranda.
9
ego
quae
clara
sunt
consuetudine
diutius
dicere
non
debeo
;
illud
vero
quod
ad
rem
vehementer
pertinet
,
quaero
:
quam
pridem
hoc
nomen
,
Fanni
,
in
adversaria
rettulisti
?
erubescit
,
quid
respondeat
nescit
,
quid
fingat
extemplo
non
habet
.
sunt
duo
menses
iam
,
dices
.
tamen
in
codicem
accepti
et
expensi
referri
debuit
.
amplius
sunt
sex
menses
.
cur
tam
diu
iacet
hoc
nomen
in
adversariis
?
quid
si
tandem
amplius
triennium
est
?
quo
modo
,
cum
omnes
qui
tabulas
conficiant
menstruas
paene
rationes
in
tabulas
transferant
,
tu
hoc
nomen
triennium
amplius
in
adversariis
iacere
pateris
?
I need not say any more about matters in which the custom is so notorious; but I ask you this, which is very material to the question, How long ago is it, O Fannius, that you made this entry in your memoranda? He blushes; he does not know what to answer; he is at a loss for anything to invent off-hand. “It is two months ago,” you will say; yet it ought to have been copied into the account-book of money received and paid. “It is more than six months.” Why then is it left so long in the memorandum-book? What if it is more than three years ago? How is it that, when every one else who makes up account-books transfers his accounts every month almost into his books you allow this sum to remain among your memoranda more than three years?
10
Vtrum
cetera
nomina
in
codicem
accepti
et
expensi
digesta
habes
an
non
?
si
non
,
quo
modo
tabulas
conficis
?
si
etiam
,
quam
ob
rem
,
cum
cetera
nomina
in
ordinem
referebas
,
hoc
nomen
triennio
amplius
,
quod
erat
in
primis
magnum
,
in
adversariis
relinquebas
?
nolebas
sciri
debere
tibi
Roscium
;
cur
scribebas
?
rogatus
eras
ne
referres
;
cur
in
adversariis
scriptum
habebas
?
sed
haec
quamquam
firma
esse
video
,
tamen
ipse
mihi
satis
facere
non
possum
,
nisi
a
C
.
Fannio
ipso
testimonium
sumo
hanc
pecuniam
ei
non
deberi
.
Magnum
est
quod
conor
,
difficile
est
quod
polliceor
;
nisi
eundem
et
adversarium
et
testem
habuerit
Roscius
,
nolo
vincat
.
Have you all other sums of money received and expended regularly entered, or not? If not, how is it that you make up your books? If you have, how is it that, when you were entering all other items in regular order, you leave this sum, which was one of the greatest of all in amount, for more than three years in your memoranda? “You did not like it to be known that Roscius was in your debt.” Why did you put it down at all? “You were asked not to enter it.” Why did you put it down in your memoranda? But, although I think this is strong enough, yet I cannot satisfy myself unless I get evidence from Caius Fannius himself that this money is not owed to him. It is a great thing which I am attempting; it is a difficult thing which I am undertaking; yet I will agree that Roscius shall not gain the verdict unless he has the same man both for his adversary and for his witness.
11
pecunia
tibi
debebatur
certa
,
quae
nunc
petitur
per
iudicem
,
in
qua
legitimae
partis
sponsio
facta
est
.
hic
tu
si
amplius
HS
nummo
petisti
,
quam
tibi
debitum
est
,
causam
perdidisti
,
propterea
quod
aliud
est
iudicium
,
aliud
est
arbitrium
.
iudicium
est
pecuniae
certae
,
arbitrium
incertae
;
ad
iudicium
hoc
modo
venimus
ut
totam
litem
aut
obtineamus
aut
amittamus
;
ad
arbitrium
hoc
animo
adimus
ut
neque
nihil
neque
tantum
quantum
postulavimus
consequamur
.
ei
rei
ipsa
verba
formulae
testimonio
sunt
.
A definite sum of money was owed to you, which is now sought to be recovered at law; and security for a legitimate portion of it has been given. In this case, if you have demanded one sesterce more than is owed to you, you have lost your cause; because trial before a judge is one thing, arbitration is another. Trial before a judge is about a definite sum of money; arbitration about one which is not determined. We come before a judge so as either to gain the whole suit or to lose it; we go before an arbiter on the understanding that we may not get all we asked, and on the other hand may not get nothing.
12
quid
est
in
iudicio
?
derectum
,
asperum
,
simplex
:
si
paret
HS
i
ↄↄↄ
dari
—.
hic
nisi
planum
facit
HS
i
ↄↄↄ
ad
libellam
sibi
deberi
,
causam
perdit
.
quid
est
in
arbitrio
?
mite
,
moderatum
:
qvantvm
aeqvivs
et
melivs
sit
dari
.
ille
tamen
confitetur
plus
se
petere
quam
debeatur
,
sed
satis
superque
habere
dicit
quod
sibi
ab
arbitro
tribuatur
.
itaque
alter
causae
confidit
,
alter
diffidit
.
Of that the very words of the formula are a proof. What is the formula in a trial before a judge? Direct severe, and simple; “if it be plain that fifty thousand sesterces ought to be paid.” Unless he makes it plain that fifty thousand sesterces to a single farthing are due to him, he loses his cause. What is the formula in a cause brought before an arbiter? “That whatever is just and right shall be given.” But that man confesses that he is asking more than is owed to him, but that he will be satisfied and more than satisfied with what is given him by the arbiter. Therefore the one has confidence in his case, the other distrusts his.
13
quae
cum
ita
sint
,
quaero
abs
te
quid
ita
de
hac
pecunia
,
de
his
ipsis
HS
i
ↄↄↄ,
de
tuarum
tabularum
fide
compromissum
feceris
,
arbitrum
sumpseris
qvantvm
aeqvivs
et
melivs
sit
dari
repromittiqve
si
pareat
.
quis
in
hanc
rem
fuit
arbiter
?
Vtinam
is
quidem
Romae
esset
!
Romae
est
.
Vtinam
adesset
in
iudicio
!
adest
.
Vtinam
sederet
in
consilio
C
.
Pisonis
!
ipse
C
.
Piso
est
.
eundemne
tu
arbitrum
et
iudicem
sumebas
?
eidem
et
infinitam
largitionem
remittebas
et
eundem
in
angustissimam
formulam
sponsionis
concludebas
?
quis
umquam
ad
arbitrum
,
quantum
petiit
,
tantum
abstulit
?
nemo
;
quantum
enim
aequius
esset
sibi
dari
,
petiit
.
de
quo
nomine
ad
arbitrum
adisti
,
de
eo
ad
iudicem
venisti
!
ceteri
cum
ad
iudicem
causam
labefactari
animadvertunt
,
And as this is the case, I ask you why you made an agreement to abide by arbitration in a matter involving this sum, this very fifty thousand sesterces, and the credit of your own account-books? why you admitted an arbitrator in such a case to decide what it was right and proper should be paid to you; or secured to you by bond, if it so seemed good to him? Who was the arbitrator in this matter? I wish he were at Rome. He is at Rome. I wish he were in court. He is. I wish he were sitting as assessor to Caius Piso. He is Caius Piso himself. Did you take the same man for both arbitrator, and judge? Did you permit to the same man unlimited liberty of varying his decision, and also limit him to the strictest formula of the bond? Who ever went before an arbitrator and got all that he demanded? No one; for he only got all that it was just should be given him. You have come before a judge for the very same sum for which you had recourse to an arbiter.
14
ad
arbitrum
confugiunt
,
hic
ab
arbitro
ad
iudicem
venire
est
ausus
!
qui
cum
de
hac
pecunia
tabularum
fide
arbitrum
sumpsit
,
iudicavit
sibi
pecuniam
non
deberi
.
iam
duae
partes
causae
sunt
confectae
;
adnumerasse
sese
negat
,
expensum
tulisse
non
dicit
,
cum
tabulas
non
recitat
.
reliquum
est
ut
stipulatum
se
esse
dicat
;
praeterea
enim
quem
ad
modum
certam
pecuniam
petere
possit
non
reperio
.
Other men, when they see that their cause is failing before a judge, fly to an arbitrator. This man has dared to come from an arbiter to a judge, who when he admitted an arbitrator about this money, and about the credit due to his account-books, gave a plain indication that no money was owing to him. Already two-thirds of the cause are over. He admits that he has not set down the sum as due, and he does not venture to say that he has entered it as paid, since he does not produce his books. The only alternative remaining, is for him to assert that he had received a promise of it; for otherwise I do not see how he can possibly demand a definite sum of money.
15
stipulatus
es
ubi
,
quo
die
,
quo
tempore
,
quo
praesente
?
Did you receive a promise of it? When? On what day? At what time? In whose presence?
16
quis
spopondisse
me
dicit
?
nemo
.
hic
ego
si
finem
faciam
dicendi
,
satis
fidei
et
diligentiae
meae
,
satis
causae
et
controversiae
,
satis
formulae
et
sponsioni
,
satis
etiam
iudici
fecisse
videar
cur
secundum
Roscium
iudicari
debeat
.
pecunia
petita
est
certa
;
cum
tertia
parte
sponsio
facta
est
.
haec
pecunia
necesse
est
aut
data
aut
expensa
lata
aut
stipulata
sit
.
datam
non
esse
Fannius
confitetur
,
expensam
latam
non
esse
codices
Fanni
confirmant
,
stipulatam
non
esse
taciturnitas
testium
concedit
.
quid
ergo
est
?
Who says that I made such a promise? No one. If I were to make an end of speaking here, I appear to have said enough to acquit myself as far as my good faith and diligence are at stake—to have said enough for the cause and dispute, enough for the formula and bond; I seem to have said enough to satisfy the judge why judgment ought to pass for Roscius. A definite sum of money has been demanded; security is given for a third part of it; this money must either have been given, or set down as paid, or promised. Fannius admits it was not given; the books of Fannius prove that it has not been set down as paid; the silence of witnesses proves that it was never promised.
17
quod
et
reus
is
est
cui
et
pecunia
levissima
et
existimatio
sanctissima
fuit
semper
,
et
iudex
est
is
quem
nos
non
minus
bene
de
nobis
existimare
quam
secundum
nos
iudicare
velimus
,
et
advocatio
ea
est
quam
propter
eximium
splendorem
ut
iudicem
unum
vereri
debeamus
,
perinde
ac
si
in
hanc
formulam
omnia
iudicia
legitima
,
omnia
arbitria
honoraria
,
omnia
officia
domestica
conclusa
et
comprehensa
sint
,
perinde
dicemus
.
illa
superior
fuit
oratio
necessaria
,
haec
erit
voluntaria
,
illa
ad
iudicem
,
haec
ad
C
.
Pisonem
,
illa
pro
reo
,
haec
pro
Roscio
,
illa
victoriae
,
haec
bonae
existimationis
causa
comparata
.
What do we want more? Because the defendant is a man to whom money has always seemed of no value, but character of the very highest, and the judge is a man whom we are no less anxious to have think well of us than to decide favourably for us, and the bar present is such, that on account of its extraordinary brilliancy we ought to feel almost as much respect for it as for another judge, we will speak as if every regular trial, every honorary arbitration, every domestic duty were included and comprehended in the present formula. That former oration was necessary, this shall be a voluntary one; the other was addressed to the judge, this is addressed to Caius Piso; that was on behalf of a defendant, this is on behalf of Roscius; the one was prepared to gain a victory, this one to preserve a good character.
18
pecuniam
petis
,
Fanni
,
a
Roscio
.
quam
?
dic
audacter
et
aperte
.
Vtrum
quae
tibi
ex
societate
debeatur
,
an
quae
ex
liberalitate
huius
promissa
sit
et
ostentata
?
quorum
alterum
est
gravius
et
odiosius
,
alterum
levius
et
facilius
.
quae
ex
societate
debeatur
?
quid
ais
?
hoc
iam
neque
leviter
ferendum
est
neque
neglegenter
defendendum
.
si
qua
enim
sunt
privata
iudicia
summae
existimationis
et
paene
dicam
capitis
,
tria
haec
sunt
,
fiduciae
,
tutelae
,
societatis
.
aeque
enim
perfidiosum
et
nefarium
est
fidem
frangere
quae
continet
vitam
,
et
pupillum
fraudare
qui
in
tutelam
pervenit
,
et
socium
fallere
qui
se
in
negotio
coniunxit
.
quae
cum
ita
sint
,
You demand, O Fannius, a sum of money from Roscius. What sum? Is it money which is owed to you from the partnership? or money which has been promised and assured to you by his liberality? One demand is important and odious, the other is more trifling and easy to be got rid of. Is it a sum which is owing from the partnership? What are you saying? This is neither to be borne lightly nor to be defended carelessly. For if there are any private actions of the greatest, I may almost say, of capital importance, they are these three—the actions about trust, about guardianship, and about partnership. For it is equally perfidious and wicked to break faith, which is the bond of life, and to defraud one's ward who has come under one's guardianship, and to deceive a partner who has connected himself with on. in business.
19
quis
sit
qui
socium
fraudarit
et
fefellerit
consideremus
;
dabit
enim
nobis
iam
tacite
vita
acta
in
alterutram
partem
firmum
et
grave
testimonium
.
Q
.
Roscius
?
quid
ais
?
nonne
,
ut
ignis
in
aquam
coniectus
continuo
restinguitur
et
refrigeratur
,
sic
refervens
falsum
crimen
in
purissimam
et
castissimam
vitam
conlatum
statim
concidit
et
exstinguitur
?
Roscius
socium
fraudavit
!
potest
hoc
homini
huic
haerere
peccatum
?
qui
me
dius
fidius
audacter
dico
plus
fidei
quam
artis
,
plus
veritatis
quam
disciplinae
possidet
in
se
,
quem
populus
Romanus
meliorem
virum
quam
histrionem
esse
arbitratur
,
qui
ita
dignissimus
est
scaena
propter
artificium
ut
dignissimus
sit
curia
propter
abstinentiam
.
And as this is the case, let us consider who. it is who in this instance has deceived and cheated his partner. For his past life shall silently give us a trustworthy and important testimony one way or other. Is it Quintus Roscius? What do you say? Does not, as fire dropped upon water is immediately extinguished and cooled, so, does not, I say, a false accusation, when brought in contact with a most pure and holy life, instantly fall and become extinguished? Has Roscius cheated his partner? Can this guilt belong to this man? who, in truth, (I say it boldly,) has more honesty than skill, more truth than learning; whom the Roman people think even a better man than he is an actor; who is as worthy of the stage because of his skill, as he is wholly of the senate on account of his moderation.
20
sed
quid
ego
ineptus
de
Roscio
apud
Pisonem
dico
?
ignotum
hominem
scilicet
pluribus
verbis
commendo
.
estne
quisquam
omnium
mortalium
de
quo
melius
existimes
tu
?
estne
quisquam
qui
tibi
purior
,
pudentior
,
humanior
,
officiosior
liberaliorque
videatur
?
quid
?
tu
,
Saturi
,
qui
contra
hunc
venis
,
existimas
aliter
?
nonne
,
quotienscumque
in
causa
in
nomen
huius
incidisti
,
totiens
hunc
et
virum
bonum
esse
dixisti
et
honoris
causa
appellasti
?
quod
nemo
nisi
aut
honestissimo
aut
amicissimo
facere
consuevit
.
But why am I so foolish as to say anything about Roscius to Piso? I suppose I am recommending an unknown man in many words. Is there any man in the whole world of whom you have a better opinion? Is there any man who appears to you more pure, more modest, more humane, more regardful of his duty, more liberal? Have even you, O Saturius, who appear against him, have you a different opinion? Is it not true that as often as you have mentioned his name in the cause, you have said that he was a good man, and have spoken of him with expressions of respect? which no one is in the habit of doing except in the case of either a most honorable man, or of a most dear friend.
21
qua
in
re
mihi
ridicule
es
visus
esse
inconstans
qui
eundem
et
laederes
et
laudares
,
et
virum
optimum
et
hominem
improbissimum
esse
diceres
.
eundem
tu
et
honoris
causa
appellabas
et
virum
primarium
esse
dicebas
et
socium
fraudasse
arguebas
?
sed
,
ut
opinor
,
laudem
veritati
tribuebas
,
crimen
gratiae
concedebas
;
de
hoc
,
ut
existimabas
,
praedicabas
,
Chaereae
arbitratu
causam
agebas
.
While doing so, in truth, you appeared to me ridiculously inconstant in both injuring and praising the same man; in calling him at the same time a most excellent man and a most dishonest man. You were speaking of the man with respect, and calling him a most exemplary man, and at the same time you were accusing him of having cheated his partner. But I imagine the truth is, your praise was prompted by truth; the accusation by your duty to your client. You were speaking of Roscius as you really thought; you were conducting the cause according to the will of Chaerea. Roscius cheated him.
22
fraudavit
Roscius
!
est
hoc
quidem
auribus
animisque
omnium
absurdum
.
quid
si
tandem
aliquem
timidum
,
dementem
,
divitem
,
inertem
nactus
esset
qui
experiri
non
posset
?
This, in truth, seems absurd to the ears and minds of men. What? If he had got hold of some man, rich, timid, foolish and indolent, who was unable to go to law with him, still it would Be incredible.
23
tamen
incredibile
esset
.
verum
tamen
quem
fraudarit
videamus
.
C
.
Fannium
Chaeream
Roscius
fraudavit
!
oro
atque
obsecro
vos
qui
nostis
,
vitam
inter
se
utriusque
conferte
,
qui
non
nostis
,
faciem
utriusque
considerate
.
nonne
ipsum
caput
et
supercilia
illa
penitus
abrasa
olere
malitiam
et
clamitare
calliditatem
videntur
?
non
ab
imis
unguibus
usque
ad
verticem
summum
,
si
quam
coniecturam
adfert
hominibus
tacita
corporis
figura
,
ex
fraude
,
fallaciis
,
mendaciis
constare
totus
videtur
?
qui
idcirco
capite
et
superciliis
semper
est
rasis
ne
ullum
pilum
viri
boni
habere
dicatur
;
cuius
personam
praeclare
Roscius
in
scaena
tractare
consuevit
,
neque
tamen
pro
beneficio
ei
par
gratia
refertur
.
nam
Ballionem
illum
improbissimum
et
periurissimum
lenonem
cum
agit
,
agit
Chaeream
;
persona
illa
lutulenta
,
impura
,
invisa
in
huius
moribus
,
natura
vitaque
est
expressa
.
qui
quam
ob
rem
Roscium
similem
sui
in
fraude
et
malitia
existimarit
,
mihi
vix
videtur
,
nisi
forte
quod
praeclare
hunc
imitari
se
in
persona
lenonis
animadvertit
.
But let us see whom he has cheated. Roscius has cheated Caius Fannius Chaerea. I beg and entreat you, who know them both, compare the lives of the two men together; you who do not know them, compare the countenance of both. Does not his very head, and those eye-brows entirely shaved off, seem to smell of wickedness, and to proclaim cunning? Does he not from his toe-nails to his head, if the voiceless figure of a man's person can enable men to conjecture his character, seem wholly made up of fraud, and cheating, and lies? He who has his head and eyebrows always shaved that he may not be said to have one hair of an honest man about him. And Roscius has been accustomed to represent his figure admirably on the stage, and yet he does no meet with the gratitude due to such kindness. For when he acts Ballio, that most worthless and perjured pimp, he represents Chaerea. That foul, and impure, and detestable character is represented in this man's manners, and nature, and life. And why he should have thought Roscius like himself in dishonesty and wickedness, I do not know; unless, perhaps, because he observed that he imitated himself admirably in the character of the pimp.
24
quam
ob
rem
etiam
atque
etiam
considera
,
C
.
Piso
,
quis
quem
fraudasse
dicatur
.
Roscius
Fannium
!
quid
est
hoc
?
probus
improbum
,
pudens
impudentem
,
periurum
castus
,
callidum
imperitus
,
liberalis
avidum
?
incredibile
est
.
quem
ad
modum
,
si
Fannius
Roscium
fraudasse
diceretur
,
utrumque
ex
utriusque
persona
veri
simile
videretur
,
et
Fannium
per
malitiam
fecisse
et
Roscium
per
imprudentiam
deceptum
esse
,
sic
,
cum
Roscius
Fannium
fraudasse
arguatur
,
utrumque
incredibile
est
,
et
Roscium
quicquam
per
avaritiam
appetisse
et
Fannium
quicquam
per
bonitatem
amisisse
.
Wherefore consider over and over again, O Caius Piso, who is said to have cheated, and who to have been cheated. Roscius is said to have cheated Fannius? What is that? The honest man is said to have cheated the rogue; the modest man, the shameless one; the chaste man, the perjurer; the unpractised man, the cunning one; the liberal man is said to have cheated the covetous one. It is incredible how, if Fannius were said to have cheated Roscius, each fact would appear probable from the character of each man; both that Fannius had acted wickedly, and that Roscius had been cheated by his imprudence. So when Roscius is accused of having cheated Fannius, both parts of the story are incredible, both that Roscius should have sought anything covetously, and that Fannius should have lost anything by his good-nature.
25
principia
sunt
huius
modi
;
spectemus
reliqua
.
HS
i
ↄↄↄ
Q
.
Roscius
fraudavit
Fannium
.
qua
de
causa
?
subridet
Saturius
,
veterator
,
ut
sibi
videtur
;
ait
propter
ipsa
HS
i
ↄↄↄ.
video
;
sed
tamen
cur
ipsa
HS
i
ↄↄↄ
tam
vehementer
concupierit
quaero
;
nam
tibi
,
M
.
Perpenna
,
tibi
C
.
Piso
,
certe
tanti
non
fuissent
ut
socium
fraudaretis
.
Roscio
cur
tanti
fuerint
causam
requiro
.
egebat
?
immo
locuples
erat
.
debebat
?
immo
in
suis
nummis
versabatur
.
avarus
erat
?
immo
etiam
ante
quam
locuples
esset
,
semper
liberalissimus
munificentissimusque
fuit
.
Such is the beginning. Let us see what follows. Quintus Roscius has cheated Fannius of 50,000 sesterces. On what account? Saturius smiles; a cunning fellow, as he seems to himself. He says, for the sake of the fifty thousand sesterces. I see; but yet I ask why he was so exceedingly desirous of this particular fifty thousand sesterces? For certainly, O Marcus Perperna and Caius Piso, they would not have been of such consequence to either of you, as to make you cheat your partner. I ask, then, why they were of such consequence to Roscius! Was he in want of money? No, he was even a rich man. Was he in debt? On the contrary, he was living within his income. Was he avaricious? far from it; even before he was a rich man he was always most liberal and munificent.