Full section cicero

[5] Forsitan quaeratis, qui iste terror sit et quae tanta formido, quae tot ac talis viros impediat, quo minus pro capite et fortunis alterius, quem ad modum consuerunt, causam velint dicere. Quod adhuc vos ignorare non mirum est propterea, quod consulto ab accusatoribus eius rei, quae conflavit hoc iudicium, mentio facta non est.

Perhaps you may ask what that terror of yours and what such great dread is, which hinders so many men of such quality from wishing to plead a case on behalf of the life and fortunes of someone else, as they are accustomed. It is not surprising that you are as yet unaware of this for the reason that no mention has deliberately been made by the accusers of that event which has given rise to this trial.

[6] Quae res ea est? Bona patris huiusce Sex. Rosci, quae sunt sexagiens, quae de viro fortissimo et clarissimo L. Sulla, quem honoris causa nomino, duobus milibus nummum sese dicit emisse adulescens vel potentissimus hoc tempore nostrae civitatis, L. Cornelius Chrysogonus. Is a vobis, iudices, hoc postulat, ut, quoniam in alienam pecuniam tam plenam atque praeclaram nullo iure invaserit, quoniamque ei pecuniae vita Sex. Rosci obstare atque officere videatur, deleatis ex animo suo suspicionem omnem metumque tollatis; sese hoc incolumi non arbitratur huius innocentis patrimonium tam amplum et copiosum posse obtinere, damnato et eiecto sperat se posse, quod adeptus est per scelus, id per luxuriam effundere atque consumere. Hunc sibi ex animo scrupulum, qui se dies noctesque stimulat ac pungit, ut evellatis, postulat, ut ad hanc suam praedam tam nefariam adiutores vos profiteamini.

What is this case, then? The property of the father of the defendant Sextus Roscius, which is worth six million sesterces, which probably the most powerful young man of our state at this time, L. Cornelius Chrysogonus, says he bought for the price of two thousand sesterces from that very brave and famous man, L. Sulla, whom I name with due respect. Chrysogonus demands this of you, judges, that, since without any legal right he has seized another man’s property which is so plentiful and magnificent, and since the existence of Sextus Roscius seems to stand in the way of, and obstruct, that property, you erase all suspicion from his mind and remove his fear: he does not think that he can keep the inheritance of this innocent man which is so large and plentiful while this man is unharmed. But if Roscius is condemned and cast out, he hopes that he can squander and devour in luxury that which he has obtained through crime. He begs you to eradicate this trouble from his mind, which goads and pricks him day and night, so that you may acknowledge yourselves as his assistants for plunder of his which is so wicked.

[7] Si vobis aequa et honesta postulatio videtur, iudices, ego contra brevem postulationem adfero et, quo modo mihi persuadeo, aliquanto aequiorem. Primum a Chrysogono peto, ut pecunia fortunisque nostris contentus sit, sanguinem et vitam ne petat; deinde a vobis, iudices, ut audacium sceleri resistatis, innocentium calamitatem levetis et in causa Sex. Rosci periculum, quod in omnis intenditur, propulsetis.

If the request seems fair and honourable to you, judges, I put forward a short request to the contrary, and, as I convince myself, one which is considerably fairer. First of all, I ask of Chrysogonus that he be content with our property and fortunes and not ask for our blood and life; next, I ask of you, judges, that you resist the wickedness of violent people and relieve the disaster of innocent people and in this case ward off the danger of Sextus Roscius, which is aimed at everyone.

[8] Quod si aut causa criminis aut facti suspicio aut quaelibet denique vel minima res reperietur, quam ob rem videantur illi non nihil tamen in deferendo nomine secuti, postremo si praeter eam praedam, quam dixi, quicquam aliud causae inveneritis, non recusamus, quin illorum libidini Sex. Rosci vita dedatur. Sin aliud agitur nihil nisi, ut eis ne quid desit, quibus satis nihil est, si hoc solum hoc tempore pugnatur, ut ad illam opimam praeclaramque praedam damnatio Sex. Rosci velut cumulus accedat, nonne cum multa indigna tum vel hoc indignissimum est vos idoneos habitos, per quorum sententias iusque iurandum id adsequantur, quod antea ipsi scelere et ferro adsequi consuerunt? Qui ex civitate in senatum propter dignitatem, ex senatu in hoc consilium delecti estis propter severitatem, ab his hoc postulare homines sicarios atque gladiatores, non modo ut supplicia vitent, quae a vobis pro maleficiis suis metuere atque horrere debent, verum etiam ut spoliis ex hoc iudicio ornati auctique discedant?

But if either the cause of the crime or suspicion connected with the deed, or, in short, some matter, even the smallest, can be found whereby they seem, despite everything, to have followed something in making the accusation, to sum up, if you find any other reason, apart from that plunder, which I have mentioned, we do not object to the life of Sextus Roscius being surrendered to their will and desire. But if nothing else is at stake, except that nothing should be lacking to those for whom nothing is enough, if this alone is being disputed at this time, that the condemnation of Sextus Roscius should be added like a crown to the acquisition of that rich and magnificent estate, are there not only many shameful features of the case, but is not this quite the most shameful thing, that you have been considered suitable, that by your votes and oath they should obtain this which previously they themselves were accustomed to obtain by wickedness and the sword? That men who are cut-throats and gladiators should demand this from you who have been chosen from the state for the Senate because of your distinction (and from the Senate for this court because of your strictness), not only that they may escape the punishments which they should fear from you for their crimes and shudder at, but also that they may depart from this court furnished and enriched with spoils?

[9] His de rebus tantis tamque atrocibus neque satis me commode dicere neque satis graviter conqueri neque satis libere vociferari posse intellego. Nam commoditati ingenium, gravitati aetas, libertati tempora sunt impedimento. Huc accedit summus timor, quem mihi natura pudorque meus attribuit, et vestra dignitas et vis adversariorum et Sex. Rosci pericula. Quapropter vos oro atque obsecro, iudices, ut attente bonaque cum venia verba mea audiatis.

Concerning these events which are so great and so terrible, I realise that I can neither speak appropriately enough, nor complain seriously enough, nor exclaim freely enough. For my (limited) ability hinders the suitability (of the occasion), my youth hinders dignity, the times hinder freedom. To this is added my very great fear, which nature and my modesty have bestowed on me; and (in addition) your authority, the violence of my opponents and the dangers to Sextus Roscius. Wherefore I beg and beseech you, judges, to listen to my words assiduously and with good favour.

[10] Fide sapientiaque vestra fretus plus oneris sustuli quam ferre me posse intellego. Hoc onus si vos aliqua ex parte adlevabitis, feram ut potero studio et industria, iudices; sin a vobis, id quod non spero, deserar, tamen animo non deficiam et id quod suscepi, quoad potero perferam. Quod si perferre non potero, opprimi me onere offici malo quam id, quod mihi cum fide semel impositum est aut propter perfidiam abicere aut propter infirmitatem animi deponere.

Relying on your integrity and wisdom, I have undertaken more of a burden than I know I can bear. If you will relieve this burden to some extent, I will bear it, as I shall be able to, with zeal and diligence; but if I will be abandoned by you, which I do not expect (will happen), I will nevertheless not abandon my purpose, and will carry through what I have undertaken as long as I can. But if I cannot complete it, I prefer to be overwhelmed by the burden of my duty than to abandon that which was originally laid upon me in good faith or to give it up because of treachery or lay it aside because of the weakness of my intellect.

[11] Te quoque magno opere, M. Fanni, quaeso, ut, qualem te iam antea populo Romano praebuisti, cum huic eidem quaestioni iudex praeesses, talem te et nobis et rei publicae hoc tempore impertias. Quanta multitudo hominum convenerit ad hoc iudicium, vides; quae sit omnium mortalium exspectatio, quae cupiditas, ut acria ac severa iudicia fiant, intellegis. Longo intervallo iudicium inter sicarios hoc primum committitur, cum interea caedes indignissimae maximaeque factae sunt; omnes hanc quaestionem te praetore manifestis maleficiis cotidianoque sanguine dignissimam sperant futuram.

You, also, Marcus Fannius, I particularly beg that at this time you show yourself both to us and to the state to be such as you have already in the past shown yourself to the Roman people, when you presided over this same court as judge. You see how great a crowd of men has gathered for this trial: you realise what the anticipation of all people is, what desire that the judgments be harsh and severe. After a long interval this court for dealing with cut-throats is being held for the first time, while in the meantime very shameful and very important murders have been committed. All hope that under your praetorship this court will be most worthy of (dealing with) these clear crimes and the daily bloodshed.

[12] Qua vociferatione in ceteris iudiciis accusatores uti consuerunt, ea nos hoc tempore utimur qui causam dicimus. Petimus abs te, M. Fanni, a vobisque, iudices, ut quam acerrime maleficia vindicetis, ut quam fortissime hominibus audacissimis resistatis, ut hoc cogitetis, nisi in hac causa, qui vester animus sit, ostendetis, eo prorumpere hominum cupiditatem et scelus et audaciam, ut non modo clam, verum etiam hic in foro ante tribunal tuum, M. Fanni, ante pedes vestros, iudices, inter ipsa subsellia caedes futurae sint.

We who are pleading the case at this time are using the same (type of) exclamation as accusers are accustomed to use in other courts. We ask you, Marcus Fannius, and you, judges, to punish crimes as severely as possible, to resist very violent men as bravely as possible, (and) to consider this, that unless you show in this case what your resolve is, the greed, wickedness and daring are bursting forth to such an extent that not only secretly, but even here in the forum, before your platform, Marcus Fannius, before your feet, judges, amid the very benches, murders are likely to happen.

[13] Etenim quid aliud hoc iudicio temptatur nisi, ut id fieri liceat? Accusant ei qui in fortunas huius invaserunt, causam dicit is, cui praeter calamitatem nihil reliquerunt; accusant ei, quibus occidi patrem Sex. Rosci bono fuit, causam dicit is, cui non modo luctum mors patris attulit, verum etiam egestatem; accusant ei, qui hunc ipsum iugulare summe cupierunt, causam dicit is, qui etiam adhoc ipsum iudicium cum praesidio venit, ne hic ibidem ante oculos vestros trucidetur; denique accusant ei, quos populus poscit, causam dicit is, qui unus relictus ex illorum nefaria caede restat.

Indeed, what else is being tried by this court, except that it may be allowed to take place? The persons accusing are those who have attacked the fortunes of this man, he who is pleading the case is the man to whom they have left nothing except disaster: the persons accusing are those to whom the killing of the father of Sextus Roscius was advantageous, he who is pleading his case is the man to whom the death of his father brought not only grief, but even poverty: the persons accusing are those who very keenly wanted to slay this very man, he who is pleading his case is the man who even came to this very court with an escort, lest he be killed here in this very place before your eyes: finally, the persons accusing are those whom the people are demanding (for punishment), he who is pleading his case is the man who remains the only one left from their infamous carnage.

[14] Atque ut facilius intellegere possitis, iudices, ea, quae facta sunt indigniora esse, quam haec sunt, quae dicimus, ab initio res, quem ad modum gesta sit, vobis exponemus, quo facilius et huius hominis innocentissimi miserias et illorum audacias cognoscere possitis et rei publicae calamitatem.

And so that you can understand more easily, judges, that those things which have been done are more shameful than these matters are which we are talking about, so that you can more easily ascertain both the misfortunes of the defendant, a most innocent man, and the outrageous deeds of those men and the disaster of the state.

[15] Sex. Roscius, pater huiusce, municeps Amerinus fuit, cum genere et nobilitate et pecunia non modo sui municipi, verum etiam eius vicinitatis facile primus, tum gratia atque hospitiis florens hominum nobilissimorum. Nam cum Metellis, Serviliis, Scipionibus erat ei non modo hospitium, verum etiam domesticus usus et consuetudo, quas, ut aequum est, familias honestatis amplitudinisque gratia nomino. Itaque ex suis omnibus commodis hoc solum filio reliquit; nam patrimonium domestici praedones vi ereptum possident, fama et vita innocentis ab hospitibus amicisque paternis defenditur.

Sextus Roscius, the father of the defendant here, was a citizen of Ameria; he was easily the most outstanding person, not only of his township, but even of that neighbouring area, not only in birth, rank and wealth, but also enjoying the regard and hospitality of very noble men. For he had not only ties of hospitality, but even personal intimacy and familiarity with the Metelli, Servilii and Scipios, families which, as is right (and proper), I name out of respect for their worthiness and grandeur. And so, out of all his worldly goods, this was the only thing he left to his son; for robbers within his own family, having seized his inheritance by force are in possession of it, (while) the reputation and life of an innocent man is being defended by the connections and friends of his father.

[16] Hic cum omni tempore nobilitatis fautor fuisset, tum hoc tumultu proximo, cum omnium nobilium dignitas et salus in discrimen veniret, praeter ceteros in ea vicinitate eam partem causamque opera, studio, auctoritate defendit. Etenim rectum putabat pro eorum honestate se pugnare, propter quos ipse honestissimus inter suos numerabatur. Postea quam victoria constituta est ab armisque recessimus, cum proscriberentur homines atque ex omni regione caperentur ei, qui adversarii fuisse putabantur, erat ille Romae frequens atque in foro et in ore omnium cotidie versabatur, magis ut exsultare victoria nobilitatis videretur quam timere, ne quid ex ea calamitatis sibi accideret.

Though this man had been a supporter of the nobility all (that) time and in this very recent civil war the eminence and safety of the nobles was falling into extreme danger, he, more than the rest in that neighbourhood, defended that party and their cause by his diligence, zeal and prestige. Indeed, he considered it (was) right that he should fight for the honour of these men, because he himself was reckoned among his friends as most honourable. After victory was established and we laid our arms down, when men were being proscribed and those who were considered to have been enemies were being captured from every region, that man was repeatedly in Rome, and was daily engaged in the forum and in the sight of everyone, so that he seemed to revel in the victory of the nobility more than be afraid that some disaster might happen to him as a result of it.

[17] Erant ei veteres inimicitiae cum duobus Rosciis Amerinis, quorum alterum sedere in accusatorum subselliis video, alterum tria huiusce praedia possidere audio; quas inimicitias si tam cavere potuisset, quam metuere solebat, viveret. Neque enim, iudices, iniuria metuebat. Nam duo isti sunt T. Roscii, quorum alteri Capitoni cognomen est, iste, qui adest, Magnus vocatur, homines eius modi: Alter plurimarum palmarum vetus ac nobilis gladiator habetur, hic autem nuper se ad eum lanistam contulit, quique ante hanc pugnam tiro esset quod sciam, facile ipsum magistrum scelere audaciaque superavit.

He had longstanding hostility with two Roscii from Ameria, one of whom I see sitting on the accusers' benches, the other I hear possesses three of this man's estates; if he had been able to take precautions against this hostility as well as he was accustomed to fear it, he would be alive; for, judges, he was not wrong to fear (them). For there are two of those Roscii, one of whom has the family name Capito, and that one who is present is called Magnus - men of the following type: one is considered an old and famous gladiator of very many prizes, the one here, however, recently betook himself to that fencing master, and he who was a novice before this contest, as far as I know, easily surpassed the expert himself in wickedness and daring.

[18] Nam cum hic Sex. Roscius esset Ameriae, T. autem iste Roscius Romae, cum hic filius adsiduus in praediis esset cumque se voluntate patris rei familiari vitaeque rusticae dedisset, iste autem frequens Romae esset, occiditur ad balneas Pallacinas rediens a cena Sex. Roscius. Spero ex hoc ipso non esse obscurum, ad quem suspicio malefici pertineat; verum id, quod adhuc est suspiciosum, nisi perspicuum res ipsa fecerit, hunc adfinem culpae iudicatote.

For when this Sextus Roscius was at Ameria, but that Titus Roscius was at Rome, when this son here was busy in the estates, and in accordance with his father's wishes, had devoted himself to the family business and country life, but that fellow was constantly in Rome, Sextus Roscius was killed near the Pallacine baths as he was returning from dinner. From this very fact, I hope that it is quite clear to whom suspicion of evildoing belongs: but if the case itself has not made very clear that which is still suspicious, judge this man as implicated in the blame.

[19] Occiso Sex. Roscio primus Ameriam nuntiat Mallius Glaucia quidam, homo tenuis, libertinus, cliens et familiaris istius T. Rosci, et nuntiat domum non fili, sed T. Capitonis inimici; et cum post horam primam noctis occisus esset, primo diluculo nuntius hic Ameriam venit; decem horis nocturnis sex et quinquaginta milia passuum cisiis pervolavit, non modo ut exoptatum inimico nuntium primus adferret, sed etiam cruorem inimici quam recentissimum telumque paulo ante e corpore extractum ostenderet.

When Sextus Roscius was killed, the first to bring the news to Ameria was a certain Mallius Glaucia, a man of slender means, a freedman, client and associate of that Titus Roscius, and (what is more) he brought it not to the home of the son, but to the home of his enemy, Titus Capito; and though the father had been killed after the first hour of the night, this messenger came to Ameria at the first glimmer of dawn. Within 10 hours of darkness, he flew 56 miles in two-horsed carriages, not only to be the first to bring the desired news to his enemy, but also to display the freshest possible blood of his enemy and the weapon taken from the body a short time before.

[20] Quadriduo quo haec gesta sunt res ad Chrysogonum in castra L. Sullae Volaterras defertur; magnitudo pecuniae demonstratur; bonitas praediorum — nam fundos decem et tris reliquit, qui Tiberim fere omnes tangunt — huius inopia et solitudo commemoratur; demonstrant, cum pater huiusce Sex. Roscius, homo tam splendidus et gratiosus, nullo negotio sit occisus, perfacile hunc hominem incautum et rusticum et Romae ignotum de medio tolli posse; ad eam rem operam suam pollicentur.

Within four days of these events taking place, the news of the murder was brought to Chrysogonus in the camp of Sulla at Volaterrae; a large amount of money was indicated; the excellence of the estates - for he left 13 properties, nearly all of which bordered the Tiber -, this man's weakness and destitute state were related: they showed that since this man's father, Sextus Roscius, a man so distinguished and influential, had been killed with no difficulty, this man, who was unsuspecting, rural and unknown at Rome, could very easily be put out of the way: they promised their help for that business.

[21] Ne diutius teneam, iudices, societas coitur. Cum nulla iam proscriptionis mentio fieret, cum etiam, qui antea metuerant, redirent ac iam defunctos sese periculis arbitrarentur, nomen refertur in tabulas Sex. Rosci, hominis studiosissimi nobilitatis; manceps fit Chrysogonus; tria praedia vel nobilissima Capitoni propria traduntur, quae hodie possidet; in reliquas omnis fortunas iste T. Roscius nomine Chrysogoni, quem ad modum ipse dicit, impetum facit. Haec omnia, iudices, imprudente L. Sulla facta esse certo scio.

To detain (you) no longer, judges, an alliance was formed. Although there was now no mention of proscription happening, since even those, who had previously been afraid, were returning and thought that they had now finished with dangers, the name of Sextus Roscius was put onto the lists, a man who was a very keen supporter of the nobility. Chrysogonus became the purchaser; three estates, the very best, were handed over to Capito as his own property, which he (still) owns today: that fellow Titus Roscius, in the name of Chrysogonus, as he says himself, attacked all the remaining possessions. I know for certain, judges, that all these things were done without the knowledge of Sulla.

[22] Neque enim mirum, cum eodem tempore et ea, quae praeterita sunt, reparet et ea, quae videntur instare, praeparet, cum et pacis constituendae rationem et belli gerendi potestatem solus habeat, cum omnes in unum spectent, unus omnia gubernet, cum tot tantisque negotiis distentus sit, ut respirare libere non possit, si aliquid non animadvertat, cum praesertim tam multi occupationem eius observent tempusque aucupentur ut, simul atque ille despexerit, aliquid huiusce modi moliantur. Huc accedit, quod, quamvis ille felix sit, sicut est, tamen in tanta felicitate nemo potest esse in magna familia, qui neminem neque servum neque libertum improbum habeat.

For neither is it surprising, since at the same time he is both restoring those things which have passed and preparing for those which seem to be impending, since he alone has both the matter of arranging peace and the power to wage war, since everyone is looking to one man, and one man controls everything, since he is distracted by so many and so important business affairs that he cannot breathe freely, if he does not notice something, especially as so many people notice his busy state and are watching for an opportunity, so that, as soon as he looks away, they may try something of this kind. To this is added the fact that, although he is “Fortunate”, as he is, nevertheless nobody can be in such great fortune in a large household, who has no one neither slave nor freedman who is wicked.

[23] 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.

Meanwhile that Titus Roscius, the excellent fellow, Chrysogonus's agent, came to Ameria; he burst into the defendant's estates and threw out from his home this wretched man, destroyed by grief, although he had not yet discharged all the proper rites for his father's funeral, destitute, and, judges, drove him headlong from his ancestral hearths and household gods, while he himself became the owner of very great wealth. Though he had been most stingy over his own property, he was, as happens, extravagant when in (possession of) someone else's. He began to take away many items openly to his own house, he removed more items secretly from public view, while he gave not a few items to his assistants on a grand scale and lavishly, the rest he sold having arranged a public sale.

[24] 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 audere omnia mallet quam videre in Sex. Rosci, viri optimi atque honestissimi, bonis iactantem se ac dominantem T. Roscium.

This seemed to the Amerini to be shameful to such an extent that weeping and groaning occurred throughout the whole of the city. Many things were taking place at the same time before their very eyes: the very cruel death of Sextus Roscius, a very prosperous man, and, moreover, the most undeserving poverty of his son, to whom that shameless robber had not even left access to his ancestral tomb, the disgraceful sale of the possessions, the occupation of them, the thefts, the pillaging, the gifts. There was no one who would not prefer to dare to do everything rather than to see Titus Roscius vaunting himself and domineering over the properties of Sextus Roscius, an excellent and most honourable man.

[25] Itaque decurionum decretum statim fit, ut decem primi proficiscantur ad L. 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. [Decretum decurionum.] Legati in castra veniunt. Intellegitur, iudices, id quod iam ante dixi, imprudente L. 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 the senators was passed immediately, that the 10 leaders should go to L. Sulla and inform him what sort of man Sextus Roscius was, complain about the wickedness and wrongs (done by) those men and ask him that he require both the reputation of that dead man and the property of the innocent son to be preserved. Moreover, learn the decree itself, I beg you. [The decree of the senators is read out.] The envoys came to the camp. As I have already said earlier, judges, it was realised that these acts of villainy and scandals were committed without the knowledge of L. Sulla. For Chrysogonus himself immediately went to them and dispatched noble men to ask (them) not to approach Sulla and to promise that Chrysogonus would do everything they wanted.

[26] Usque 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 T. 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.

However, Chrysogonus had been scared stiff to such an extent that he preferred to die rather than for Sulla to be informed about these matters. These old-fashioned men, since they imagined that the rest (of mankind were) of the same nature as themselves, when Chrysogonus assured them that he would take the name of Sextus Roscius off the lists and would hand the empty estates to the son, and when T. Roscius Capito, who was among the 10 envoys, additionally promised that it would be so, they believed him: they returned to Ameria without pleading their case (to Sulla). Moreover, at first, those fellows began daily to postpone and put the matter off till the next day, then considerably more indifferently to do nothing and deceive, finally, that which was easily understood, to prepare a plot against the life of this Sextus Roscius here, and to think that they could no longer keep someone else's property while the owner was still living.

[27] 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 Roscius realised this, in accordance with the opinion of his friends and relations he fled for refuge to Rome, and made his way to Caecilia, sister of Nepos, daughter of Baliaricus, whom I name with due respect, with whom his father had been on very friendly terms; in this woman, judges, even now, as everyone has always considered, there remain, as an example, traces of old-fashioned duty. This woman received into her home Sextus Roscius, poverty-stricken, cast out from his home and expelled from his property, fleeing the weapons and threats of cut-throats, and assisted a guest who was now crushed and regarded by everyone as hopeless. The result was that, by her courage, loyalty and care, this man was counted as living among the accused rather than killed among the proscribed.

[28] 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 when those fellows understood that the life of Sextus Roscius was being guarded with the utmost care and that no opportunity was being offered to them of committing murder, they adopted a plan full of wickedness and audacity, to accuse this man of patricide, (and) to procure some experienced accuser for that case who could say something about that case in which there would be no suspicion, in short, to fight by (using) the time itself, since they could not do it by crime. (For) people began to speak as follows: “Since cases have not occurred for so long, the first person to be brought into court should be condemned; moreover, defenders would be lacking for him because of the influence of Chrysogonus; no one would say a word about the sale of the properties and that association; because of the very mention of patricide and the barbarity of the crime, he would be destroyed without any trouble, since he would be defended by no one.”

[29] Hoc consilio atque adeo hac amentia impulsi, quem ipsi, cum cuperent, non potuerunt occidere, eum iugulandum vobis tradiderunt.

Driven by this plan and, what is more, this madness, they handed over to you to be slaughtered a man whom they themselves could not kill, though they wanted to.