Summary
Sextus Roscius was a rich and respected citizen of Ameria, an Umbrian town (municipium) about fifty miles north of Rome. He
had a taste for city life, and spent most of his time at the capital, where
he was on intimate terms with some of the highest families, especially the
Metelli and Scipios. Meantime his son Sextus, who certainly lacked his
father's cultivated tastes, and who was accused by his enemies of rudeness
and clownishness, had charge of the extensive family estates at Ameria.
Sometime during the dictatorship of Sulla (probably in the autumn of 81
B.C.) the elder Roscius was murdered one evening as he was returning
from a dinner party. The murder was no doubt procured, or at least connived
at, by one Titus Roscius Magnus, his fellow-townsman and enemy. However that
may be, the name of the murdered man was put upon the proscription-list by a
freedman and favorite of Sulla, one Chrysogonus, who bought his confiscated
estates at auction at a nominal price. Three of these estates (there were
thirteen in all) he transferred to a certain Titus Roscius Capito, another
townsman and enemy of the deceased, and a leading man at Ameria; the
remainder he put in charge of Magnus as his agent. The younger Sextus, a man
of forty, thus robbed of his patrimony, had recourse to his father's friends
in Rome for protection and help. The three conspirators, fearing that they
might be compelled to disgorge, resolved to secure themselves by accusing
him of his father's murder. This they did through a professional prosecutor
(accusator) named Erucius, who undertook the legal formalities of the
prosecution.
The aristocratic friends of Roscius, not daring to brave the creature of the
dictator, but unwilling to leave their guest-friend (
hospes) undefended, prevailed upon Cicero, then young and
ambitious, to undertake the case. To oppose Chrysogonus was an act that
called for disinterested courage, and nothing in Cicero's career is more to
his credit. By his successful conduct of the case he obtained the
well-merited rank of a leader among the rising advocates of Rome. The
Defence of Roscius was the first of Cicero's public orations or pleas; and
it is criticised by the author himself in his [Orator, ch. 30].
I.
Exordium
Cicero undertakes the defence in default of any abler advocate.
By this skillfully modest opening, Cicero not only explains why he, an
obscure young advocate, appears in so important a case, but he indicates
on which side are the sympathies of the best citizens, and he contrives
at the same time to suggest the odds against which Roscius and his
counsel must contend. Thus the remarks are not merely personal and
introductory, but form an essential part of the argument. A famous
modern example of similar art is Erskine's Exordium in his Defence of
Lord George Gordon on a charge of high treason.
ego
: not
emphatic itself, but expressed merely to set off
vos
,
which is. The Latin is so fond of putting pronouns in contrast that
one
is often (as here) expressed for the mere purpose of antithesis.
judices
: not judges, but
rather jurors. They were persons selected by law to try
facts (under the presidency of a
praetor or judex
quaestionis), and varied in number from a single one to
fifty or more. They were originally selected from the Senators, but C.
Gracchus had transferred the right to sit as
judices to the equites or
wealthy middle class). Sulla, whose reforms went into operation B.C. 80, had restored this right to the
Senators, and the present case was the first to occur under the new
system. It was brought in the Quaestio
inter sicarios (or court for the trial of murder), under
the presidency of the praetor M. Fannius.
quid sit quod
. Why it is that .
quod
(causal) . . .
surrexerim
expresses a fact,
and takes the subj. of informal ind. disc. as depending on the indirect
question
quid sit
. § [592], 1
(341, b); cf. B. 323; G. 663.1; H. 652 (529,ii) H-B. 535, I, a.
summi oratores hominesque
nobilissimi
: notice the chiastic
order: § [598], f (344, f); B. 350, II, c; G. 682;
H. 666, 2 (562) H-B 628
cum sedeant
:
cum
has a slight concessive force: render by
when or
while; though would be too strong. Since
Sulla's victory had restored the aristocracy to power, it might be
expected that men of rank (nobilissimi)
would have courage to come forward and defend Roscius: their presence
showed their sympathies, though they did not rise to defend him.
ego
:
emphatic, as opposed to the orators and men of rank.
potissimum
, rather than any
other
aetate
:
Cicero was but twenty-six years old.
sim
: in
direct disc. this might be either subj. to indicate the character of
Cicero, or indic. to denote a mere fact about him; here it is
necessarily subj. as being an integral part of the clause
quod
. .
.
surrexerim
,
which is itself dependent on
quid sit
; § [593]
(342); B. 324,1; (G. 663,1; H. 652, I (529, ii); H.-B. 539.
sedeant
, sit
still, instead of rising to speak: subj. of integral part,
dependent on
sim ... comparandus
.
hi
: strongly demonstrative; accompanied,
perhaps, with a gesture, these
men here.
injuriam
,injustice .
novo scelere
(abl. of means), the
strange (almost = unheard of)
charge (of parricide).
oportere
:
this verb is always impersonal ; its subject here is the clause
injuriam defendi
.
defendi
,
defendere
: see Vocab.; supply
but (suggested in Latin by the close juxtaposition of the
two infs.) before
defendere
in translating.
iniquitatem temporum
,
i.e. the disturbed state of politics, while the wounds of the Civil
War
were still fresh.
ita fit
:
the subject is the clause
ut adsint
,
etc.
adsint
,they
attend: opposed to
taceant
;
the position of
taceant
indicates this antithesis. The
friends of any party to a suit attended court to give him the advantage
of their presence and influence (cf. Caes. B.G. 1. 4). Such friends were
technically called
advocati, but they did not, like the modern
advocate, speak in court.
officium
,duty, arising from
their relations to the murdered man, who had stood in the relation of
hospitality (see
hospes in Vocab.) with some of the highest families.
audacissimus
,
i.e. is it that I have more effrontery than any of the rest?
ne . . . quidem
,not . . . either,
endorsing, as usual, the emphatic word: § [322], f
(151, e); B. 151, e; G. 448, N.2; H. (569, iii, 2).
istius
, i.e. that which is in your thoughts:
§ [297], c (102, c); B. 87; G. 306; H.507, 3 (450);
H.-B. 271, a.
sim
,conjunctivus
modestiae: §[
447], vi (311, b); Cf. B. 280, 2 ; G. 257,1; H. 556 (486, i);
H.-B. 519,1, b.
aliis
, dat.: § [ 381]
(229); B. 180, 2, d; G. 345; H. 429, 2 (386, 2); H.-B. 371.
praereptam
: prae- gives here the force of getting
the start of
others in snatching it (cf. prevent, from praevenio).
me
: so
emphatic as to throw
igitur
out of its usual place.
reciperem
,undertake a case
offered;
suscipere
is to take up of one's own motion.
amplitudo
,position, from
birth, wealth, office, or the like.
id quod
,a
thing which: §[307], d (200, e); G. 614,
R.2; H.399,6 (445, 7); H.-B. 325, a and N.2.
dixisset
,
an integral part of
putaretur
.
putaretur
:
apodosis of
fecisset
; §[517] (308);
B. 304, I; G. 597; H. 579 (510); H.-B. 581. The whole from
si verbum
through
putaret
is the apodosis of
si quis dixisset
in 1.14. Translate, if
any one had spoken, in case he had
made any allusion to politics, he would, etc.
ego
, etc., but in MY case,
even if I, etc.
etiamsi . . . dixero
,
. . .
poterit
: §[516], c (307,
c); B. 264, a; G. 244, 2; H. 574, 2 (508, 2); cf. H.-B. 494 and 579, a.
similiter
,in like manner,
i.e. as if a man of rank had spoken.
exire
,
etc., i.e. this speech will not be quoted and talked over, and hence
any
allusions to politics which it may contain will not seem more
significant than they really are.
emanare
not to be confounded with
manere
.
deinde
quod
:
the second reason, corresponding to
quia
in
1. 14.
ceterorum
,
opposed to
ego
in
1.6, below.
dictum
:
noun, limited by
ceterorum
;
dicto
(l.5) is also a noun, though modified
by an adv. ; § [
321], b (207, c) ; G. 437, R. ; H.-B. 250, 2, b, N.
concedi
, impersonal: § [
372] (230); B. 187, ii, b; G. 217; H.426, 3 (384, 5); H.-B.
364, 2.
nondum . . . accessi
,
I have not yet gone into public life, i.e. become candidate for any
office. Cicero began his political career five years later, with the
quaestorship.
tametsi
,
although, in its so-called "corrective" use, — the
concession coming after the general statement, as a kind of limitation
of it.
ignoscendi ratio
,the idea of
pardon. The vaguely general word
ratio with the gen. of the gerund expresses little more than
our word pardoning alone. The Latin, being poor in
abstract words, has to resort to such shifts as this to supply their
place. So
cognoscendi consuetudo
,the
habit of judicial investigation, is almost equivalent to judicial
investigation simply. This was a bold speech to make under the
rule of the tyrant Sulla.
accedit
,there
is in addition: used as a kind of passive of addo .
illa
,
this, i.e. the following (a common use of this pronoun).
quod
,
that: §[572](333); B. 299,1,b; G. 525,
1; H.588,3 (540, iv); H.-B. 549,550, 552, 1.
a ceteris
,from
the
others, i.e. the nobles.
petitum sit
: for subjunctive see § [447], a and N. (334,g and N.) ; G. 457, 2, N.; H.
(p.267, footnote 1); H.-B. 517,1.
ut dicerent
[
causam], subst. clause of purpose, subj. of
petitum sit
: §[566]
(331, h) ; G. 546; H.565, 2 (499, 3); cf. H.-B. 502, 3, a.
dicere causam
is the technical expression for defending a case.
ut . . . arbitrarentur
:
a clause of result, dependent on
ita petitum sit
: §[537] and N.2
(319 and a.) ; B. 284, 1; G. 552; H. 591 (500 and N.1); H.-B. 521, 2 and
a.
utrumvis
,either [course,
i.e. to speak or be silent], at
their choice ; lit. either [of the two] you
please.
salvo officio
(abl. of manner), without
a breach of
duty.
arbitrarentur
:
imperf. following
petitum sit
, which is regarded as a
secondary tense since it represents the perf. indic. ; § [
485], a (287, a) ; B. 268, I; G. 511, N.2; H.546 (495, i); H.-B.
481.
a me autem
, etc., lit. but from
me
, etc. (opposed to
a ceteris
above). The emphasis may be
preserved by changing the construction in English: but as
for myself, men have urged
it [i.e. that I should undertake the defence of Roscius] on
me who, etc.
ei
,
men ; here used simply as a correlative to
qui
, and
not in a really demonstrative sense. The reference is of course to
the
noble friends of Roscius
debeam
, subj. of characteristic: § [535](320); B. 283,1; G. 631, 2; H. 591, I (503, i);
H.-B. 521, 1.
his
,
emphatic, summing up the reasons he has given for undertaking the
case,
ego
(next line), emphatic as opposed to the others present.
patronus
,advocate, the word advocati having a different meaning (see
note on [p. 2, l. 7], above).
unus
,as
the one man .
uti ne
: in purpose clauses the double form
is often used instead of ne alone.
desertus
,
etc.: observe that Cicero not only attempts to win the sympathies of
the
jurors for the helpIessness of his client, but that he also
contrives to
suggest, in advance of the formal statement of facts, that there is
a
combination or conspiracy of some kind against young Roscius The
same
thing was insinuated in sect. vi by the use of
conflatam
(1.6).
II. Narratio
Character of the murdered man, Sex. Roscius the elder. His political
affiliations. His old feud with T. Roscius Capito and T. Roscius Magnus.
The murder. Suspicion points to Magnus as procurer of the crime and to
Capito as at least accessory after the fact.
hujusce
,of
my client.
municeps Amerinus
,a citizen
of the free town Ameria. The Latin uses an adj. of
possession when it can, often where the English prefers
of: §[343], a (190); B. 354, 4; G. 362,
R.1; H. (395, N.2). Cf. [Aeneid, 2.
55],[487], etc.
hospitiis
, guest-friendships.
The
hospitium was a relation between individuals of different
cities or states, at a time when there were no international relations ;
it included the duties of hospitality and protection, was transmitted
from father to son, and was vouched for by a ticket (tessera). Roscius not only had this formal
relation to several of the greatest families at Rome, but he was also on
intimate terms of personal friendship with them. Hence, in line 27,
domesticus . . . consuetudo
,intercourse
and companionship [with them] in
their homes.
honestatis . . . gratia
(so
honoris causa
, §[17] ),with
all honor. It seems to have been held a liberty to mention the
name of any person of quality in a public address ; hence such mention
is generally accompanied by a form of compliment. Cf. the modern
parliamentary usage of referring to members of a deliberative body by
the names of their offices (or as the "gentleman from ") rather than by
their own names.
hoc solum
, i.e. the
hospitium
domestici
,
of his own house.
ereptum possident
,have
seized and now hold: §[496], N.2 (292,
R.) ; G. 664, R.1; H.639 (549,5); H.-B. 604, 1 ;
possidere does not signify to
own, in the modern sense, but merely to
hold or occupy .
innocentis
,
i.e.
fili
: in
Latin any noun may be left out if there is an adj. or a participle
to
determine its case.
defenditur
:
Cicero skillfully contrives to keep before the jury the fact that
Roscius has powerful friends who desire his acquittal.
This section tells of Roscius's political associations. He was a favorer of
the nobility (Sulla's party), and therefore had nothing to fear from the
proscription instituted by Sulla after his final victory over Marius. These
facts are skillfully brought in at this point so as to prepare the jurors
for the statement, made later, that the insertion of Roscius's name in the
proscription list after his murder was manifestly part of a plot to get
possession of his estate. They also prepare for the exoneration of Sulla (in
sect. [12]). since it was not to be supposed
that he would have consented to the proscription of so zealous a member of
his own party. Throughout the oration Cicero is under the necessity of
holding the dictator blameless.
cum
,
when, introducing the general situation ;
tum
, the
particular circumstance.
omni tempore
,at all times,
as opposed to the time of the Civil War: notice the emphatic position.
hoc tumultu
,this last
disturbance (euphemistic): i.e. the final scenes of the
Civil War of Marius and Sulla, which Cicero will not call bellum.
cum
,at
a time when .
in discrimen veniret
(subj. of characteristic, not simply cum temporal), was at stake.
rectum
: render no more than
right (thus giving the emphasis of its position).
se pugnare
, simply to fight-:
object of
putabat
,
while
rectum
is an adj. in pred. apposition with
se pugnare
.
honestate
,
honestissimus
refer respectively to the rank and dignity of these great families
and
the credit which his connection with them gave him in his own
neighborhood.
victoria
,
i.e. of Sulla's party.
proscriberentur
: the number of the
proscribed in Sulla's time was 4,700. "Whoever killed one of these
outlaws was not only exempt from punishment, like an executioner duly
fulfilling his office, but also obtained for the execution a
compensation of 22,000 denarii (nearly
$2400); any one, on the contrary, who befriended an outlaw, even his
nearest relative, was liable to the severest punishment. The property of
the proscribed was forfeited to the state, like the spoil of an enemy ;
their children and grandchildren were excluded from a political career,
and yet, so far as of senatorial rank, were bound to undertake their
share of senatorial burdens." (Mommsen.) At first only the names of
those who had justly forfeited their lives were proscribed ; afterwards
it became easy for friends and favorites of the dictator (like
Chrysogonus, attacked in this oration) to put upon the list the names of
innocent men, and even of men already dead, so as to work confiscation
of their property. Sulla's proscriptions nominally ceased June 1, B.C.
81.
erat Romae
:
this shows that he had no reason to fear the proscription.
frequens
: §[290] (191);
B. 239; G. 325, R.6; H. 443 (497); H.-B. 245.
ut . . . videretur
,
clause of result.
Inimicitiae
,causes or occasions
of enmity: for the plur., see § [100], C
(75, c) ; B. 55, 4, c; G. 204, N.5 ; H. 138, 2 (130, 2); H.-B. 240, 5,
b. By this sentence Cicero suggests to the jury what he afterwards
develops in the argument, - that a motive for the murder existed in the
case of the Titi Roscii. He thus prepares the way for the elaborate
countercharge (omitted in this book) made against these two later in the
oration. Observe the emphasis that comes from the juxtaposition of
sects. [6] and [7]:
Roscius had nothing to fear from the proscription. He had
enemies, however, - the very men who are now prosecuting his son.
accusatorum
:
prosecutions might be brought by private persons (as by Cicero
against
Verres). In this instance these two Roscii were associated with
Erucius
as prosecutors.
hujusce
,of
my client- (see note on sect. [9],
below).
neque enim
,nor, you see .
injuria
:
used adverbially.
isti
, i.e. of the party of prosecution. Iste, the so-called "demonstrative of the
second person," is regularly used of one's opponent in a suit or debate,
as hic is used of one's client. See § [297], a, c (102, a, c) ; B. 87 ; G.306; H. 505(450);
cf. H.-B. 271, a.
Capitoni
, following cognomen: § [373], a (231, b) ; B. 190, 1 ; G. 349, R.5; H. 430,
2 (387, N.1) ; H.-B. 326, 3.
palmarum
,prizes:
sarcastically spoken, as if his many acts of violence had been victories
in gladiatorial fights.
nobilis
,
famous (as of artists, actors, etc.).
hic
, the
one here present (Magnus) ;
eum
(next line), referring to the one just mentioned, the absent one
(Capito).
lanistam
(in app. with
eum
)
carries out the sarcastic figure of
palmarum
and
gladiator
.
quod sciam
,so far as I know:
sc. id; adv. acc., § [
397], a (240, b) ; B. 283, 5; G. 331, 1 ; H. 416 (378, 2); cf.
H.-B. 388, a: i.e. he must have been a mere apprentice (
tiro
) at the trade: "this is the first of
his actual murders that I know of." For mood, see § [535],
d (320, d) ; B. 283, 2 ; G. 627, R.1 ; H.591, 3 (503, 1, N.1) ; H.-B.
521, 1, f. (Passages in brackets in the text are thought to be spurious
insertions.)
hic
,this
man (with a gesture), i.e. here at my side (my client) ;
iste
,that
man, i.e. there on the accusers' bench (Magnus).
-26 cum . . . esset
:
parenthetical (repeating, in greater detail, the clause that
precedes).
Observe that Cicero remarks (as it were, casually) that in thus devoting
himself to a rural life, the younger Roscius was obeying his father's
wishes. This prepares the way for his subsequent assertion (sect. [23]) that there was no ill-will between father
and son, — an important matter in the question of motive. It also
anticipates the answer given in sect. [22] to
the argument that the defendant was a rude, boorish fellow, of gloomy and
sullen disposition, and therefore likely to have committed murder. The
effectiveness of a forensic discourse depends in great part on the skill
with which the mind of the hearer is prepared, by such apparently
insignificant remarks, for a definite assertion or argument that is to
follow.
iste
: T.
Roscius Magnus ; the repetition of the words
frequens
,
etc., emphasizes the suggestion that he was likeliest to be the
murderer.
Palacinas
:
the reading is uncertain, and the place unknown.
hunc
,
i.e. my client.
judicatote
: §[449] (269,
d) ; B. 281, 1, a ; G. 268, 2 ; H.560, 4 (487, 2); H.-B. 496. The second
or longer form of the imperative is regular where the action is not to
be performed immediately, especially when a future appears in protasis:
§ [516], d (307, d); B. 302,4; G. 595; H.580
(508,4); cf. H.-B. 582, 1.
Ameriam nuntiat
,brings the
news to Ameria ;
domum
,
two lines below, shows the same construction.
T. Capitonis
: Cicero thus
insinuates that Magnus and Capito had planned the murder together. The speed
with which the one sent the news to the other was, of course, suspicious, as
well as the further proceedings described in sects. [10] and [11],
including the proscription and the sale of the property.
inimici
: cf. the same word in lines 7 and 8.
The reason for thus harping on the
inimicitiae mentioned in sect. [
7], above, must be evident.
horam primam
:
the night from sunset to sunrise was divided into twelve hours.
nocturnis
:
the travelling would be more difficult and slow in the night, though
the
night hours would be longer than the day hours in the late autumn or
winter, when the murder is thought to have been committed.
cisiis
: the plural form shows that there
were relays of
carriages.
The two Titi Roscii communicate with Chrysogonus, who has the name of the
murdered man inserted in the proscription list and buys his confiscated
estates for a nominal sum. Capito receives three farms for his share.
Magnus is made the agent of Chrysogonus to take possession of the
others. No blame attaches to Sulla, who was ignorant of what was going
on.
quadriduo
, etc.: we should say within
four days from the time
when.
in castra
: the idea of motion, vividly
conceived, suggests the acc. of place as well as person ;
we should say "to Chrysogonus
in Sulla's camp at
V."; §[428], j (259, h); B. 182,
2, b; G. 337, R.6; H.-B. 450, c.
Volaterras
.
"Here some of the Etruscans and of those proscribed by Sulla made a
stand and were blockaded for two years, and then surrendered on
terms."
defertur
:
this word implies an intentional conveying of the information, as if
in
the manner of a formal report.
fundos
, different estates
i.e. lands or buildings, whether in town or country.
tris
=tres:
the acc. termination in -is remained
in this and a few other words for a considerable time after the form in
-es became the more common.
Tiberim
:
the nearness of the river facilitated both irrigation and
transportation, and so added much to the value of the estates.
splendidus
,eminent: the
regular complimentary epithet of equites
and persons of similar rank ;
gratiosus
,in favor:
referring to his relations with great families, which Cicero takes care
never to let the jury forget.
nullo negotio
,without any
difficulty.
ne teneam
,not to detain you:
a purpose clause after some verb of
saying, etc., which is regularly omitted, as in English ; § [532] (317, e); B. 282, 4; G. 688; H.568, 4 (499, 2,
N.) ; H.-B. 502, 2, c.
cum
, etc.: the proscriptions nominally
ceased June 1, B.C.
81 ; the murder was committed some months after this date
(see below sect. [39]).
jam
,
already (with reference to time preceding) ; nunc would refer only to the moment itself.
defunctos
,rid of, sc. esse.
studiosissimi
.devoted to
the party of Sulla, and so not likely to be proscribed (see note to
sect. [6].[p. 3, l. 32].
above).
vel
(emphasizing the superlative), the
very , etc.
propria
,as
his own .
iste
,
yonder, on the accusers benches.
nomine
,
i.e. as agent.
impetum facit
,makes a raid
upon, implying violence, as of a charge in battle.
duobus milibus nummum
, i.e. about $100: § [633] (378) ; H.757 (647) ; H.-B. 675, I. They are
estimated in ch ii to have been worth $300,000.
Since Chrysogonus was a favorite of Sulla's, Cicero had to be careful not
to appear to attack the Dictator. Hence he interrupts the story of the
plot to express his certainty that Sulla had not known what was going
on, and to excuse him on the ground of the pressure of public business.
certo scio
,I feel sure: §[322], c (151, c).
neque enim
: negative of et enim, introducing a point obvious or
indisputable, for, you see, it is
not surprising (cf. [p. 4, l. 16],
above) ; § [324], h (1 56, d) ; cf. H.-B. 311,6 and
b.
mirum
[est]
is the apodosis and
si . . . animadvertat
([p.
6, l. 4]) is the protasis.
mirum
[
est] is the main clause of the whole period ; the long
parenthesis (lines 29-4) consists of a string of causal clauses with cum
(which may be translated either when or
since).
praeparet
,must provide for
.
pacis . . . rationem
,
i.e. the ordering of the new constitution.
si aliquid
(more emphatic than
si quid
)
non animadvertat
,if there is
something he does not notice protasis with
mirum
[
est], above ; § [572], b, N. (333, b,
R.) ; G. 542, N.1.
ut . . . moliantur
(clause of purpose), that
as soon as he turns away his
eyes they may get up something of this sort.
despexerit
, perf. subj.: § [
593] (342); B. 324, 1; G. 663, 1; H. 652 (529, ii); H.-B. 539; for
fut. perf., § [484], c (286, end) ; B. 269, I, b; G.
514; H. 541, 2 (496, ii); H.-B. 470, 1, footnote 1.
huc accedit
,add to this.
Notice the difference of order and consequently of emphasis between
huc accedit
(add to
this
) here, and
accedit illa
(there is in
addition
) in sect. [4], above.
quamvis felix sit
,however
fortunate he may be: §[527], a (313, a)
; B. 309, 1 ; G. 606; H. 586,11(515, iii); H.-B. 532, 2. Sulla was so
impressed with his own good fortune, that he assumed the
agnomen Felix, which implied, according to ancient notions,
the peculiar favor of the gods (See Manil., sect. [
47] .)
familia
,
household of slaves and dependents (see under sect 35).
qui habeat
as
to have §[535] a (320 a) B. 283, 2; G
631 2; H 589 ii (500 i) H.-B. 521, 1.
libertum
: a freedman still remained
attached to his former master (now his
patronus) often lived in his family did various services
for him, and stood towards him in relation somewhat like that of a son
under the patria
potestas. Towards others he was a libertinus
fully free but with some political disqualifications ; towards his
former master he was a libertus.
The younger Roscius is ejected from his estates by T. Roscius Magnus. The
Amerians send delegates to Sulla to protest ; but the purpose of the
delegation is frustrated by Capito. Roscius the younger takes refuge
with Caecilia, a friend of his father's at Rome.
qui . . . solvisset
though
he had not yet etc: § [535] e (320, e);
B. 283, 3; G. 634; H. 593, 2 (515, iii) H. B. 533.
omnia . . . justa
,all the due
rites of burial these ended with a sacrifice on the ninth
day (novemdialia) after the death or
burial ;
paterno funeri
is indir obj. of
solvisset
(lit had not yet
paid all due rites to his father's
funeral)
pecuniae
,
property
qui
(causal) . . .
fuisset
since
he had been etc.: §[535], e (320, e); B.
283, 3; G. 633; H. 592 (517); H. B. 523.
ut fit
,as
generally happens.
insolens
, here wasteful and
extravagant.
domum suam
: §[428], k
(258, b, N.1); G. 337, R. 3; H.419 (380, 2); H.-B. 454, I.
auferebat
, began to, etc.: § [471], C (277, c) ; B. 259, 2; G. 233 ; H.535, 3
(469, 3); cf. H.-B. 484.
urbe tota
: §[429],2
(258,f 2); B. 228, 1, b; G. 388; H. 455, I (425, ii, 2); H.-B. 436, a.
This section, though in form a mere statement of the reasons that
prompted the Amerians to send a delegation to Sulla, is in fact and
intent a brief and powerful recapitulation of the history of the
conspiracy. Its effect is to strengthen the impression which Cicero has
from the first been trying to produce: namely, that the murder was the
first act in the plot of the two Titi Roscii, the latest act being the
false charge brought against his client.
iter
,right
of way, such as was usually reserved in case of the sale of
any estate on which was a family burial-place ; by the proscription this
right was cut off.
bonorum emptio
: the technical term denoting
purchase at public
sale.
furta
refers to
clam
;
rapinae
to
palam
,
above.
decurionum
: these constituted the municipal
senate or city council. The decem
primi were a standing executive committee of the town, to
whom, in this instance, an unusual piece of business was entrusted. If
the delegates had been a special committee appointed expressly to report
the case to Sulla, Capito, one of the conspirators, would hardly have
been chosen a member.
qui vir
,what
sort of man, i.e. especially in his political principles.
The delegates were apparently to certify to the fact that Roscius had
been of Sulla's party.
ut . . . velit
,
that he will consent.
decretum
:
the decree was here read to the court, but it has not been
preserved.
Its reading must have produced considerable effect. It was not only
important testimony to the innocence of the younger Roscius, but it
was
introduced by Cicero at such a point in the case as to repeat and
confirm the summary of the plot just given.
id quod
,
as (see note on [p. 2, l.
16], above).
nobilis
,
acc. plur.
ab eis qui peterent
,to beg of them :
§[531], 2 (317, 2); B. 282, ; G. 630; H.590 (497,i);
H.-B. 502,2;
eis
refers to the
decem primi
ne
. . .
adirent
,
obj. of
peterent
.
vellent
: §[580] (336,
2); B. 314, I; G. 508, 2; H. 643 (524); H.-B. 534, 2.
pollicerentur
,
same constr. as
peterent
.
antiqui
,of
the old stamp, i.e. plain, honest men.
ex sua natura
,after their own
nature.
ceteros
,
subj. of
esse
understood, depending on
fingerent
,imagined.
confirmaret
,assured them .
re inorata
,without having
stated their case: the primary meaning of oro implies not entreaty,
but statement or
argument (cf. orator).
reverterunt
:
the active form of this verb is found only in the tenses of the
perfect
stem; otherwise it is deponent.
isti
,
i.e. Chrysogonus and Capito.
lentius
,less
energetically. (On account of the natural correlation of
opposites, it is often convenient to translate adjectives and adverbs by
the negative of their contraries.)
nihil agere
,
i.e. refrain from action.
deludere
, [and thus] to make
fools of the Amerians (by having rendered their whole
embassy in effectual).
id quod
, etc., as we may
easily infer this point is an inference not, like the rest,
an attested fact.
neque
.and
. . not, the negative qualifying
posse
:and
judge that they can no longer, etc. In English the negative
is placed near the verb; in Latin it is attracted by the connective, and
so often stands at the beginning of the clause.
domino incolumi
(abl. abs.), so
long as the owner was alive.
hic
,my
client.
de
,in
accordance with .
cognatorum
,blood-relations:
these were accustomed to hold a
consilium, or formal deliberation, on important family
affairs,—like the modern 'family council' of the French.
Caeciliam
: see sect. [50].
honoris causa
: cf. note on sect. [5],[p.
3, l. 28], above.
qua . . . plurimum
,whose especial
friendship his father had
enjoyed.
Id quod
,
etc., i.e. she showed on this occasion (
nunc
)
the generous traits which everybody supposed she possessed
quasi causa
as
if to serve as a model.
antiqui offici
,old-fashioned
fidelity:
officium
means the performance of duties as well as the duties themselves
domo
,
without the prep., while
bonis
requires
ex
§[42];7 I (258, a);
B. 229, 2, b; G. 390, 2; H.462, 4 (412, ii i) H-B 451 a
vivus . . . referretur
,brought
alive to trial, rather than murdered and put on
the proscription list §[5]
; (332;, a); B. 297 ; G. 553, i; H.571, 1 (501, i); cf. H.-B. 521, 3, a.
This implies that their first plan was to treat him as they had treated
his father but that, frustrated in this, they have trumped up a charge
of parricide against him.
The conspirators bring a charge of parricide against the younger Roscius,
thinking that, for political reasons, nobody will dare defend him. The
condition of Roscius is indeed miserable, but an advocate, however
inefficient, has been found in the person of the speaker.
ut . . . deferrent, compararent,
pugnarent
: subst. clauses of purpose in
app. with consilium, 1.6; § [561], a,563 (331,
headnote); Cf. B. 295; G. 546, N.2; H. 564 (499, 3); H.-B. 319 c.
nomen deferrent
,
i.e. lay a formal charge before the president of the proper court.
de parricidio
: §[
353],2 (220, b, 2); G. 378, R.2; H.456,3 (410, ii, 3); H.-B.
342, b.
veterem
,
old in the trade: the reign of terror through which Rome had
just passed had given ample practice.
de ea re
, etc., in a case
in which, etc.
posset
,
clause of purpose, rather than result (but the two constructions
approach each other so closely that it is not always possible to
distinguish between them).
subesset
,
subj. of char.
suspicio
, i.e. should be able, from his
skill as a prosecutor, to make a show of a case even when there was no
ground for
suspicion against the accused.
crimine
(abl. of means), on
the charge itself, i.e. by any strength in the incriminating
evidence.
poterant
: indicative as being their reason
given by Cicero on his own authority; § [ 540]
(321); B. 286, 1; G. 540; H.588, 1 (516, i); H.-B. 554, 555.
tempore
(opposed to
crimine
),the
circumstances of the times (i.e. partly the generally
disturbed condition of the state, partly the fact that the courts were
now first reopened, after their reorganization by Sulla).
loqui
: historical infin.; § [
463] (275); B. 335; G. 647; H.610 (536,1); H.-B. 595.
tam diu
,
i.e. during the Civil War.
eum
,the
man (i.e. any one).
oportere
,was sure to .
qui primus
: this was the first case that
came before the Quaestio
inter Sicarios .
adductus esset
:
for fut. perf. of direct disc.
huic
: the emphatic position may be rendered
by in his case. B 14
gratiam
,
favor or influence, i.e. with Sulla.
fore ut
, etc.: the usual periphrasis for
the fut. infin. pass.; the supine with
iri is rare.
nullo negotio
: cf. § [10],[p.
5, l. 15].
tolleretur
: cf. de
medio tolli, §[10].
nullo
: for the abl. of nemo, which is never used.
atque adeo
,or rather .
quem
:
the antecedent is
eum
below.
jugulandum
, i.e. for judicial murder: § [500], 4 (294, d); B. 337, 7, b, 2; G. 430; H. 622
(544, N.2); H.-B. 605, 2.
querar
, deliberative subj.: § [444] (268); B. 277; G. 265; H. 559, 4 (484, v);
H.-B. 503.
unde
,
where, lit. whence: the Latin conceives the
speaker as proceeding from some point, whereas the
English represents him as beginning at some point.
potissimum
(superl. of potius, as if
rathest), best (rather than anywhere else);
cf. sect. [1], 1.3.
summam potestatem
,unlimited
power (i.e. with respect to rendering a verdict).
fidem
, i.e. the protection
required by good faith.
pater
, etc.: these nominatives are in no
grammatical construction, but are used to enumerate in a vivid way the
crimes of the conspirators afterwards referred to by his (l. 26); cf. § [497] (292, a); B. 337, 5; G. 664, R.2; H. 636, 4
(549, N.2); H.-B. 608, 2.
infesta
,
imperilled .
nefariis
,
abl of instr. after
cumulant
: the idea in Latin is that of
making a heap of what already exists, by means of other things piled on
it (hence acc. and abl.); but translate, upon
these they heap up other
infamies.
hujusce
(emphatic instead of ejus): translate by his own
.
condicionem
,terms (or
dilemma): as containing the idea of a bargain, it is followed by
ut
; §[563], d (331, d);
cf. B. 295,4; G. 546, N.2; H.564, iii (498, 1); H.-B. 502, 3, a.
cervices
:
this word is used by early writers in the plural only.
insutus in culeum
: the old punishment for a
parricide was to be "beaten with blood-red rods, then sewed into a sack,
with a dog, a cock, a viper, and an ape, and thrown into the deep sea"
(see below, sect. [29] ).
patronos
: Cicero's modesty will not allow
him to call himself a patronus (cf. note on [p. 3, l.
17]).
qui . . . dicat
,
purpose-clause: the antecedent is the subject of deest, below.
IV. Defensio
The guilt of the defendant is antecedently improbable. His character does
not suit the crime. No motive has been shown. The alleged ill-will
between the father and the son has not been proved and is unlikely.
ejus modi
,
quo uno maleficio
,of such a
kind, that in this one crime (rel. clause of result).
voltu
,by
a look.
si . . . postularet
,
. . .
cogebant
,would
compel it if the case required: see § [517], b
(308, b); cf. B. 304, 3; G. 597, R.3; H. 583, I (5
); H.-B. 582, I and 3, a; jura
cogebant
is equivalent to a verb of necessity, and hence the imperf. indic.
in
the apodosis appears with the imperf. subj. in the protasis.
auditum sit
,
a general condition; subj. because integral part of the result
clause.
tu
(emphatic), you, a
professional prosecutor.
censes
:
the word used to express deliberate judgment, after discussion or
the
like.
mores
,
character, as resulting from habits of life;
naturam
(next line), natural
disposition.
tu
: emphatic, as opposed to the general
run of accusers. Cicero is here using the famous "argument from
probability," a favorite with ancient orators and rhetoricians from the
fifth century B.C. "For example, if a physically weak man be accused of
an assault, he is to ask the jury, 'Is it
probable that a weakling like me should have attacked
anybody?' while if the accused is a strong man he is to claim that it is
improbable that he should have committed an assault in a case
where his strength was sure to be used as a presumption against him."
Here the "argument from probability" is very skillfully carried out. In sect. [22] Cicero draws such a contrast between the
nature of the crime and the character of the defendant as to appeal
powerfully to the imagination of the jury as well as to their reason,
Describing briefly and vividly the three types of men who might be
recognized as likely to commit such a murder (the weak-minded stripling led
astray by evil companions, the hardened cut-throat, the ruined debauchee),
he points to the life and character of Roscius as having nothing in common
with any of these. This leads up at once to the question of motive: if
Roscius's character was so little suited to the crime, the motive must have
been extraordinarily powerful ; but no motive at all has been shown (sect. [23] ).
patrem
, etc.: to preserve the emphasis we
may render a
parricide has been committed by Sex. Roscius .
qui homo
?what sort of man
(is it who has committed such a crime) ?
adulescentulus
:
the diminutive suggests a weak stripling led astray (
inductus
)
; the defendant was, in fact, a man of forty.
nequam
,
with hominibus.
major
: anomalous for the more usual plus or amplius;
§[407], c (247, c); B. 217, 3; G. 311, R.4; H.471, 4
(417, I, N.2) ; H.-B 416, d.
vetus
(emphatic), old (in
the sense of the English derivative
inveterate).
videlicet
,no doubt, of
course.
de luxuria
:
for constr. see note on
de parricidio
([p. 8,
l. 7]).
cuiquam
:
words in italics are not in the manuscripts, but are supplied by
modern
scholars (from conjecture) as being necessary to the construction or
the
sense.
objecit
:
the accuser had made it a point in his argument that the defendant
was
of a morose temper, shunning all society and burying himself in the
country. Cicero deftly turns these assertions to the advantage of
his
client.
officio
,sense
of duty, and consequent discharge of it; especially used
with reference to filial duty (pietas
).
In ancient trials, as at present, it was particularly important to show a
motive in order to secure a conviction for murder, Erucius had
alleged two motives, ill-feeling between father and son, and intended
disinheritance. In this section (and in the two chapters that follow,
omitted in this edition) Cicero disposes of the former; in [ch. 19] (also omitted) he argues that there is
no evidence that the elder Roscius meant to disinherit his son. In chs. [20] and [
21](omitted) he goes on to say that the prosecutor has shown no
case and to inveigh against him for bringing a baseless charge.
justam
.
sufficient or well-grounded.
illud
,
this (referring forward to the inf. clause following), i.e.
the point previously treated;
hoc
, the
new point now introduced.
odio . . . parenti
: §[382],1(233,
a); B. 191,2; G. 356; H. 433 (390, i); H.-B. 360 and b.
eodem
,to
the same point (as that treated in the preceding section).
displiceret
,was disliked by
.
qui odisset
,in that he
hated (according to their argument): see § [
592], 3 (341, d); B.323; G. 628; H. 649, i (528,1); H.-B. 535, 1,
a.
constantissimus
(opposed to
amens
),most
steady-minded ("level-headed").
illud
refers forward (as usual) to
causam fuisse
.
jam
,by
this time.
Recapitulation.
Erucius had to show not only a strong motive, but, in the case of so
unnatural a crime, to bring the clearest testimony as to the facts — where,
how, by whose means, when the murder was committed. A recent case of
acquittal (sect. [26]), even against strong
circumstantial evidence, since absolute proof is needed to establish such a
charge. Enormity of the crime, as shown by the severity of the legal
punishment (sects. [28]-[29]). Yet Erucius has no evidence to offer —
he has not even established a plausible motive.
quod
,
referring to
id
in 1.5: cf. in English, "
whom therefore ye ignorantly worship, him
declare I unto you."
jam prope cotidiana
,which have
now came to be an almost everyday
affair.
quae
,
etc.: the question which is referred to in
quod
. .
.
quaeritur
.
convenisse . . . videntur
,seem to
have converged upon one spot and to agree
together: the phrase
inter se
may express any sort of reciprocal
relation; § [301], f (196, f); B. 245, 1; G. 221 ;
H. 502, 1 (448, N.); H.-B. 266.
ingenio
,
talent (i.e. power in putting the case).
cum
,not
only.
ostendatur
: §[569], 2,
N.2 (331, f R.); B. 295, 6 and 8; G. 535, R.2; H. 564, ii, I (502, 1);
H.-B. 502, 3, c.
sint
,
exist.
exstent
:
Cf. note on
ostendatur
,
above.
expressa vestigia
,distinct
footprints.
ratione
,
manner, i.e. the whole plan of the act.
suspicionibus
:
governed by
reclamitat
,
which, on account of its meaning, takes an indir. obj.
esse
,that
there should be, etc.
feras
:
notice the emphatic position. The emphasis may be expressed in
English
either by changing the verb to the passive (in order to keep
feras
at the beginning of the clause) or
by turning thus: even
in the case of wild beasts, etc.
As an example of what cogent proof is required to overcome the
presumption against the possibility of so unnatural a crime as
parricide, Cicero cites a recent case in which strong circumstantial
evidence was held insufficient.
ita
,so
very.
non obscurum
,respectable .
servus
: here used as adj.; § [321], c (188, d); G. 288, R.; H.495, 3 (441, 3);
H.-B. 240, 2, b.
pertineret
,
subj. of characteristic.
id aetatis
, i.e. too old for the sound
sleep of childhood; § [397], a (240, b); B. 185, 2 ;
G. 336, N.2; H.416, 2 (378, 2); H.-B. 388, b.
autem
,on
the other hand ,
propter
,near
by.
neutrumne sensisse
,the idea
that etc.: infin. of exclam., § [462]
(274); B. 334; G. 534; H. 616, 3 (539, iii); H.-B. 596. Cf. [Aeneid 1.37].
potissimum
,of all others:
cf. sect. [1], l. 3.
porro . . . conveniret
,could
naturally fall (really in the same constr. as
pertineret
,
l. 1, above).
judicio
(abl. of means), on
the trial (more lit. by the
court).
potuisset
,
subj. of characteristic (in direct disc.
potuerit
).
non modo . . . possunt
,not only cannot,
etc.: § [327], 1 (219, a); B. 343, 2, a; G. 482,
R.1; H. 656, 3 (552, 2); H.-B. 299; the verb is sufficiently negatived
by
ne
.
quo . . . eo
,the less . . . the
more.
multis
=many
other (implied in the generalizing cum, not-only,
followed by
tum
,but
also).
armis
,
abl. of specification.
tum
,but
also (correlative with
cum
in
l. 17).
vel
: in
the emphasizing use, to strengthen
maxime
; §[291], c (93,
b); B. 240, 3; G. 303; H. (444, 3); H.-B. 241, 3, a.
singulare
,special (lit.
unique).
sapientiam
,
acc. of exclamation.
rerum natura
,the universe,
represented by air (
caelum
),
fire (
solem
),
water, and earth, the elements "from which all things are said to be
produced" (
omnia nata esse
,
l.26).
ademerint
,
subord. clause in ind. disc.
dicuntur
: for mood, see § [
593], a (342, a); cf. B. 314, 4; G. 629, R., b; H. 652, I (529, ii,
N.1); cf. H.-B. 535, 1, d.
obicere
,cast
forth to .
ne bestiis . . . uteremur
,lest we should
find the very beasts more savage (
immanioribus
,
in predicate apposition).
attigissent
,
subj. of integral part.
sic nudos
,naked as they
were.
ipsum
,even
that.
violata
,
defiled.
expiari
:
sea water, as well as running water, was regarded as having a
ceremonially purifying quality, an opinion prevailing in various
religions, and found in the forms of ablution, baptism, and the
like.
putantur
:
for mood cf.
dicuntur
,
1.27, above.
tam . . . volgare
,so cheap or so
common.
cujus . . . reliquerint
,
clause of result.
etenim
,
i.e. it needs no argument to show, etc.
ejectis
,to
castaways .
ita
,in
such a way.
talibus viris
,
"to this intelligent jury."
ne causam quidem
,not even a motive
(to say nothing of evidence of guilt).
emptores
,the purchasers (of
the confiscated property), i.e. men having the strongest interest in his
conviction, with Chrysogonus himself as their presiding officer.
venisses
,you should have
come: §[439], b (266, e); G. 272, 3;
H.558, I (483, 2, N.); H.-B. 512, b.
utrum . . . an
,
i.e. which is it—the nature of the question or the character of the
court [another compliment to the jury] — that you do not see?
ne . . . quidem
: §[327], I
(209, a, 1); B, 347. 2; G. 445; H.656, 2 (553, 2); H.-B. 298, 2, a.
Roscius had not only no motive to commit the crime, but no means of
committing it. Erucius is challenged to tell how Roscius could himself
have killed his father or could have procured his death through others.
esto
,well
then (to quit that point).
causam proferre
,to allege a
motive.
vicisse debeo
,I ought to
have now gained the case, i.e. by my past argument; ought
to have conquered (in the past) would be vincere
debui: §[486], a (288, a); B. 270, 2; G.
280, b, N.3; H. 618, 2 (537, 1); H.-B. 582, 3, a, footnote 2.
in alia causa
,in another case:
an implied condition of which
concederem
is the apodosis; § [ 521], a (310, a); B. 305, I; G. 600, I; H.583 (507,
N.7); H.-B. 578, 6.
qua re
,
why;
quo modo
,how. Cicero
contends that he is not obliged to discuss the manner of the murder,
since Erucius has not raised that point, and has not even been able to
assign a motive. His own position in the argument is so strong, however,
that, he says, he can afford to concede a point by waiving the question
of motive and allowing Erucius to argue the case on the
basis of the means by which Roscius could have committed
the crime. This is of course a rhetorical device to introduce one of
Cicero's strongest arguments. It cannot be proved that it was even
possible for Roscius to kill his father under the circumstances. By
calling for the details of the murder Cicero shows that none can be
produced. The whole passage serves also as an effective preparation for
the countercharge (omitted in this edition), in which it is shown that
Sex. Roscius Magnus had not only a motive, but every opportunity.
sic
,
i.e. I will deal with you on these terms.
meo loco
,in my place, i.e.
in the time allotted to the defence; this was determined for each party
by the praetor.
respondendi
,
i.e. at the end of a question;
interpellandi
,
i.e. in the middle of any question, to answer a part of it;
interrogandi
,
i.e. by asking questions in his turn.
ipse percussit
,did he
strike the fatal blow himself?
ipsum
, sc.
percussisse.
per alios
: for abl. of means, when persons
are intended, see § [405], b (246, b) ; G. 401;
H.468, 3 (415,1, N.1); H.-B. 380, d.
indidemne Ameria
,from
Ameria
there ? (lit. the
someplace).
hosce sicarios
,these
cut-throats here of ours.
convenit
,
i.e. to bargain for the murder.
unde
,
i.e. on whom did he draw for the money ? All such banking business
being
in a manner public, the sum could be traced, as by cheques and the
like
in modern times.
caput
,
fountain-head .
tibi
, dat. instead of poss. gen.: §[377] (235, a); B. 181, I, N.; G. 350, I; H. 425, 4,
N. (384, 4, N.2); H.-B. 368.
veniat
,
with
facito
(fac)
for simple imperat.: § [449], c (269, g) ; cf. G.
553, I ; cf. H. 561, 2 (489, 2). The fut. form of the imperat. is used,
because the accuser is bidden to reflect on the point
raised, so that there is a distinct reference to future time: § [449] (269, d); B. 281, 1, a; G. 268, 2; H. 560, 4
(487, 2); H.-B. 496.
agrestem
,boorish (see next
clause).
in oppido constitisse
,stayed in
any town;oppidum is
distinguished both from urbs,the
great city, and vicus,a
country
village; it would be a place of some society and
cultivation.
qua in re
,on this point .
praetereo
, etc.: an excellent example of
the rhetorical device called
praeteritio ("omission"). The speaker dwells upon the point
while pretending to pass it over in silence.
poterat
,
might, i.e. if I chose to use it: § [522],
a (31 1, c) ; B. 304,3; G. 597, R.3; H.583 (511,1, N.3); H.-B. 382, 3,a.
victu arido
,dry or meagre
way of living.
inculta
,
uncouth.
possis
, potential subj., § [
446] (
, a) ; B. 280; G. 257, I; H.552 (485); H. -B. 517, 1.
in urbe
(emphatic), i.e. not in the country, where Roscius was.
exsistat, erumpat
,
dependent on
necesse est
.
erumpat
,burst
forth: a strong word is used on account of
audacia
,reckless during .
autem
,on
the other hand .
agrestem
:
see note on l. 3
parsimoniae
,thrift (in a
good sense).
missa facio
,I let that-pass
(
missa
agreeing with
haec
,
obj. of
facio
) ; such phrases are often used
colloquially or with emphasis, for the simple verb: § [
497], c (292, d) ; G. 537 ; H.-B. 605, 4.
illud quaero
, THIS is what I
want to know.
per quos
:
these words are the interrogative expression with which the clause
grammatically begins ;
is homo
is put first for emphasis.
suspiciose
,
i.e. so as to look suspicious.
in his rebus
,but in
these circumstances, i.e. those in our case
(emphatic position).
suspicio . . . culpam
:
i.e. in so clear a case I will not ask Erucius for proof of guilt ;
if
he can show any suspicious circumstance, it shall suffice.
credo
,I
suppose: ironical, as usual when parenthetical.
causa dicitur
,the defendant
is on trial (a technical term: lit. the
case is argued, i.e. by the defendant).
admiserit
: §[569] (332,
a) ; B. 297, 2 ; G. 553, 4; H. 571, I (501, i, vi); H.-B. 521, 3, a,
footnote 2
quod
,
that.
quod
: the antecedent is id ([p. 15, l. 1]); the clause
ut . . . polliceatur
is in apposition with
quod
.
quaestionem
,question, in
the technical sense, i.e. examination by torture, the regular legal way
of examining slaves. An accused person could, of his own accord, offer
his slaves for that purpose (
polliceri
):
in this Case Roscius had lost his slaves, and so was deprived of
that
privilege.
unus puer
,as much as a
single slave.
minister
, i.e. to wait upon him. - familia:
this word, in its primary meaning, properly embraced the entire body of
free persons, Clients, and slaves, under the patriarchal rule of the
paterfamilias. In time, the meaning was divided, applying either
(1) to the family proper — the
paterfamilias, with his wife, children, etc. ; or (2) to a
body (or gang) of slaves. The latter is the meaning here.
Scipio
,
Metelle
: these were, probably, P. Scipio
Nasica, father of Metellus Scipio (a leader on Pompey's side in the
Civil War), and his cousin, Q. Metellus Nepos, brother of Caecilia
(sect. [50]), and father of the Celer and
Nepos referred to in the orations against Catiline.
advocatis
,called in (as
friends of the accused) ;
agentibus
,taking active
part. The demand seems to have been formal, and these
friends were present to attest it.
meministisne
:
ne
=
nonne
; §[332], c (210,
d); B. 162, 2, c; G. 454, N.5 ; H.-B. 231, b, N.1. - T. Roscium, i.e.
Magnus.
sectantur
,are in the train
of
quid facitis
:
up to this point Cicero appears to be merely accounting for the fact
(which might have made against his case) that the younger Roscius
had
not offered his slaves for examination. With this abrupt question he
shows the true bearing of the refusal of Magnus, retorting suddenly
the
countercharge, which he carries out in a chapter here omitted. The
effect on a jury of such an appeal as Dubitate, etc., must have been
very great.
The sale of the property of the elder Roscius was illegal and his
proscription in every way irregular. For this act Chrysogonus is to be
blamed, not Sulla for Sulla was necessarily so much occupied with
affairs of state that details of this kind escaped his attention.
aureum
: the Greek name Chrysogonus means
gold-born.
latuit
:
because his was the only name that appeared.
alii quoque
,
i.e. other purchasers of confiscated estates.
ut mihi
,
etc., i.e. I have no occasion to say anything of the purchasers of
confiscated estates in general, for this case, by its atrocity, is
taken
out of the common category (
haec enim causa
,
etc., 1.24, below).
sectorum
: these were the purchasers of
confiscated property in the lump, who afterwards divided
it (seco) to sell again in detail.
venierunt
, from
veneo not
venio.
si enim haec
,for if such remarks,
etc.. i.e. if I may be allowed to speak freely.
tantus homo
,such a
great-person: a hint that more important men than he had
suffered. In fact, all the really eminent victims of the Civil War had
perished before the proscription.
qui
(adv.), how?
Valeria
: the law by which Sulla was made
perpetual dictator and invested with absolute power of life and death (B.C.
82); it was proposed by L. Valerius Flaccus as interrex. Laws were designated by the
gentile name of their proposer ; all laws, for example, carried
by L. Cornelius Sulla were known as Leges
Corneliae.
Cornelia
: this appears to have been enacted
some time after the lex Valeria, in
order to regulate the details of the proscription. Cicero's ignorance of
the law is no doubt affected.
novi
, I
know the thing or person ;
scio
,I
know the fact :I am not acquainted with
the law, and do not know which it is .
proscripti sunt
:
the indic. must mean those already proscribed when the law was
passed.
Future cases of proscription would have been referred to by the
subj. or
fut. perf. (see Verr. ii, chs. xli, xlii).
in . . . praesidiis
,among the
armed forces, etc.
dum
,so
long as: §[556], ? (276, e, N.) ; G.
569; H. 603, i (519, i) ; H.-B. 550 and b.
veteres
,
those of the regular code;
novas
,
those of the Sullan revolution.
occisum
esse, indir. disc. with constat ; the subject accusative is omitted.
in eum
,
i.e. Sulla Here it is necessary for the orator to proceed with great
caution: even if not himself present, Sulla would watch sharply the
first case before his own criminal court.
ab initio
,from the
beginning of this trial (see sect. [
12] );
omni tempore
,
throughout his whole career.
ut ementiretur
,
. . .
passus non sit
,
clauses in appos. with
haec omnia
: for the change of tense, see § [475], a (279, d).
apud adversarios
,in the
enemy's ranks (=
in praesidiis
,
above).
postea
:
the passage referred to appears to have been lost out of the
oration,
probably in the gap in ch. xlv. The scholiast represents Chrysogonus
as
saying that he had used the property in building a villa at Veii.
Kalendas Junias, acc. in the same constr. as
diem
.
tabulas
:
confiscated property belonged to the state, and public records of
its
seizure and sale were, of course, kept.
nulla
,not
at all: §[290] (191); B. 239; G. 325,
R.6; H. 513, 3 (457, 3); H.-B. 245.
redierunt
=relata
sunt.
facetius
,more cleverly: in
the case supposed, the pretended proscription would never have occurred
and the property would have been taken without even the forms of law.
ante tempus
,too early, i.e.
before it is time to raise so trivial a question as that of a title to
property (Roscius is now on trial for his life).
reduviam curem
(proverbial), treat
a sore finger, i e. in a case of life and death I deal only
with some trifling ailment. For mood see § [535], e
(320, e); B. 283, 3; G. 586 H. 592 (517); H.-B. 523.
non . . . rationem . . . ducit
,he does not take
account (a mercantile phrase).
partim . . . pro me
,partly in my own
name. To avoid entangling the case of his client with
politics, Cicero makes himself responsible for everything that may have
a political bearing ; he was a well-known partisan of the nobility and
could afford to speak freely.
quae-que
:
not from
quisque
.
ad omnis pertinere
,concerns all .
sensu ac dolore
,feeling
and
pain, i.e. painful feeling (so-called hendiadys).
jam
, with the fut.,
presently.
ego
,
opposed to Roscio.
diem
: fem.; § [97], a
(73); B. 53; G. 64; H.135(123); H.-B. 101.
praefinita
,fixed in advance,
as the limit (
finio).
patronum
,
i.e. Sulla see note on
libertum
,[p. 6, l.
10].
conferre
,throw the
responsibility for.
egerit
,will
effect, fut. perf. for fut.: § [516], C,
N. (307, c, R.) ; G. 244; H. 540 (473); cf. H.-B. 490.
imprudente
: cf. [p.
5, l. 28].
placet
,do
I like ? i.e. do I think it
right?
imprudentia
,want of
foresight.
etenim si
,
etc. (the apod. is
quid miramur
,[p.
17, l. 32]). The comparison that follows is perhaps somewhat
strained ; but it accords with the habits of thought of the ancients, to
whom the powers of a supreme ruler appeared in a manner divine. (Cf. the
language used of Caesar in the Oration for Marcellus.) The tone in which
kings were addressed in modern literature until very recent times may be
compared (see, e.g., Bacon's dedication of his Advancement
of Learning to James I).
pernicii
, for
perniciei: §[98], N. (74, a); B. 52, 2; G.
63, N.1; H. 134, 2 and 3 (121, 1); cf. H.-B. 100, 3.
vi ipsa . . . rerum
,by the very
violence of the elements, - the agents or powers which he
has to control.
cum
is causal, but may be translated
when.
nisi
, here as often (more commonly with forte or vero)
introducing a reductio ad absurdum: §[
525], b and N. (315, b arid N.) ; G. 591, R.4; H.-B. 578.3, a.
quod
,
pron.: the anteced. is
id
.
possit
,
adepta . . . sit
, informal indir. disc., as
expressing the thought of the person surprised: § [
592] (341); B. 323; G. 662; H. 649. i (528); H.-B. 535, 1, a.
si . . . sit
,
clause with
mirum
: §[572], b, N.
(333, R.) ; G. 542, N.1.
In thus attacking Chrysogonus, Cicero is not assailing the cause of
the nobility. On the contrary, that cause is honored by resistance to
him. His insolence and power are unbearable. It was not to advance such
slaves as he that Sulla fought and conquered.
vereor
:
for emphat. position cf.
credo
,
p.2, l. 1.
imperitior
: §[291], a
(93, a) ; B. 240, 1 ; G. 297, 2; H. 498 (444, 1); H.-B. 241, 2.
tametsi
,and
yet.
meo jure
,with perfect right
-(as belonging to that party) ;
jure
alone would mean justly ;
meo
limits it to the speaker's own case. The passage that follows is
interesting, as showing the way in which Cicero regarded the general
principles at stake in the Civil War, and the excesses of the
victorious
party.
pro mea
, etc., to the extent
of my poor and feeble
ability.
ut componeretur
,that
reconciliation should be made: a clause of result in appos.
with id: § [567], 568 (332 and headnote) ; B. 297
and 3; G. 557; H. 571,4 (501, iii); H.-B. 521,3,a.
qui vicerunt
,who did (in
fact) conquer: the subj. here would mean, whatever party
might conquer: § [593], a, N.1 (342, N.) ;
G. 629, E. ; H. 652, I (529, ii, N.1).
humilitatem
, not merely low
rank, but meanness and vulgarity ;
dignitate
,personal worth,
from birth and services ;
amplitudine
(next line),
rank or position-prominence in the state. With all his
arrogance, blood-thirstiness, and narrow conservatism, Sulla was, in
fact, the representative of orderly government against anarchy and
mob-law.
perditi civis erat
(pred. gen.), it
was the part of a bad citizen: §[343], C
(214, d) ; B. 198, 3; G. 366; H. 439 (401, 402); H.-B. 340.
quibus incolumibus
(abl. abs.), by
whose safety.
retineretur
,would be
preserved: fut. Cond., the protasis being
quibus incolumibus
: §[
516],f (307,f); G. 596, ; H. 575,9 (507, N.7); H.-B. 580, b.
quae
,
i.e. the reinstating of the nobility.
felicitate
: see note on [p.
6, l. 7].
quod animadversum est
(impers.)
in eos
,that
those have been punished (a euphemistic expression for the
proscription). Observe the chiastic order of ideas ; (a) the punishment
; (b) the persons on whom it was inflicted; (b1) the persons rewarded;
(a1) the reward.
quae
,
referring to both the punishment and the reward just spoken of.
in eo studio partium
,in favor of that
party:
studium
is the regular word for siding with a particular party.
id actum est
,this was the object
.
idcirco
,
antecedent to the purpose clause.
ut . . . facerent
,
purpose clause in appos. with id.
postremi
,the lowest (in
class or character).
tum vero
:
here the apodosis begins.
nihil horum
est, none of
these things is true (i.e. is the fact).
ornabitur
.
Nothing can exceed the skill with which, throughout this oration,
Cicero
keeps before the minds of the jury the distinction between the great
cause of Sulla and the nobility and the unscrupulous greed of some
of
Sulla's partisans. His continual allusions to his client's
hereditary
friendships with the aristocracy have this end, among others, in
view.
male
: to speak
ill is to utter abuse or calumny
.
causam . . . communicare
,identify
their cause with that of etc.
equestrem
, referring to the struggle for
the judicia and the extensive sympathy
of the equites with the party of
Marius. Cf. note to Verr., [p. 28,
l. 2] .
servi
:
Chrysogonus had been Sulla's slave.
versabatur
,displayed itself
.
quam viam munitet
(indir. quest.): for
road-building, both literal and figurative, the Romans used the
engineering term munire .
fidem
, etc., your honor
(good faith), your oath,
and your courts ; i.e. after getting possession of political
power, these low-born fellows were now aiming at the courts, the one
security of public faith and good government.
jusjurandum
:
the jurors were under oath to give a righteous judgment.
hicine
(emphat.), here, i.e.
in the courts (as opposed to politics).
neque . . . possit
:
Cicero does not wish to encourage him by admitting for a moment that
he
can really do anything in this case: it is the fact that he has
dared to
hope to accomplish something that is an outrage.
verear
: subj. because it expresses not a
real reason, but one introduced for the sole purpose of being
contradicted: § [540], N.3 (321, R.); B. 286, I, b;
G. 541, N.2; H. 588, ii (516, 2); H.-B. 535,2, b.
talis viros
: cf. [p.
13, l. 8].
exspectata
,so long waited
for. For some years (
B.C. 87-83), while Sulla was in the
East, the Marian faction had full control at Rome, and a reign of terror
prevailed.
servoli
,
diminutive of contempt.
bona
,
estates;
fortunas
(more generally),
wealth.
id actum est
: cf. [p. 19,
l. 22].
senserim, sided with them: this verb, with its noun sententia
,
often refers to political opinions.
inermis
,
i.e. had he taken up arms, his regret would have been deeper.
cuique
,to
every man in proportion as he is, etc.: § [
313], b (93, c); cf. B. 252,5, c; G. 318, ; H. 515, 2 (458, I);
H.-B. 278, 2, b.
probe novit
:
note the strong sarcasm, which points the distinction between the
noble
cause which was at stake and the sordid motives of Chrysogonus.
resistetur
,
impersonal.
ille
:
here indefinite, referring to the supposed person who thinks himself
attacked.
rationem
,interests (so that
what touches one touches the other): a mercantile figure, as we might
say, "who thinks his accounts are mixed up with his."
laeditur
, etc., is injured
by being separated, etc.
V.
Peroratio
The attack on Chrysogonus is Cicero's: Roscius asks for life alone.
Feigned appeal to Chrysogonus to spare his victim. Powerful friends of
Roscius.
With sect. [47] begins the last formal
division of the speech, the peroratio.
This consists, as was common with Roman advocates, in an appeal to the
sympathy of the court (there is a good example in the Closing portion of
Cicero's Defence of Milo).
mea
,
emphatic. Cicero wishes to avoid prejudice to his client by himself
assuming sole responsibility for these words. At the same time this
section serves as a skillful means of transition.
It is so important for Cicero to show that this Case has no political
bearings that he has been forced to abandon the question of the murder
for a time, and to discuss the illegal sale of the property. He must now
return to the charge against his client, and he does so by remarking
that Roscius has no complaint to make of his treatment by Chrysogorius
if the latter will only let him off with his life.
morum
,the
ways of men .
vos
,
i.e. Chrysogonus and his abettors in the accusation;
vos
is
expressed, not as being specially emphatic, but from the Latin
fondness
for contrasting persons with each other.
more
,in
the regular way .
jure gentium
: the "law common to all
nations," as opposed to jus
civile, or law of the state ; thus it is used as nearly
equivalent to natural right.
a vobis
,
i.e. once clear of guilt, and acquitted of this shocking crime, he
will
leave you unmolested.
rogat
: a
feigned appeal to his persecutors, intended to move the compassion
of
the jury for Roscius and their indignation against Chrysogonus.
in suam rem
:
in a former passage (omitted in this edition) allusion is made to a
charge that Roscius had fraudulently kept back part of his father's
property.
concessit
, etc., has given
up (the immovable property), counted
and weighed (the rest).
anulum
, probably the gold ring indicating
his rank as
eques.
se ipsum
, etc., and has
reserved nothing else besides his naked
self
quod . . . quia
: §[540]
(321); B. 286, I; G. 540; H. 588, 1(516, i) ; H.-B. 554,555.
praeter ceteros
,more than
anybody else.
ne quando
:
i.e. some time when there comes a political reaction.
patria
,of
their fathers .
facis injuriam
, i.e. you do
wrong (i.e. to Sulla).
majorem spem
:
in this and the preceding sentence Cicero artfully suggests that
Chrysogonus has no confidence that Sulla's constitution will last,
and
that he therefore wishes to remove a dangerous claimant in case of
another political overturn. This insinuation would, of course, tend
to
prejudice the partisans of Sulla against Chrysogonus.
cruenta
(pred.): the expression of the thought is made more vivid by the use
of
words exactly appropriate to the killing of a man and the stripping
(
detrahere
)
of his dead body.
rem tuam
,your interests .
quasi . . . nescias
,as if you did
not know: §[524](312); B. 307, I and 2 ;
G. 602 ; H. 584, 2 (513, ii and N.1) ; H.-B. 504, 3 and a.
spectatissima
,most
estimable; the friends of Roscius are purposely exalted, in
order to influence the court.
cum
,
concessive.
cum esset
,though she was,
etc.
femina
,
mulier
:
observe the distinction between the words, the latter being always
used
in speaking of the tenderness of the feminine nature.
quanto
: translate however
much (though the Latin is definite) ; the usual correlative
is supplied by
non minora
,fully as great .
Observe the clever transition. Cicero suggests that, since there are no
other assignable causes for the implacability of Chrysogonus, perhaps he
may be offended by the zeal of the defence. This enables him to pass at
once to an emphatic assertion of the influential connections of his
client.
pro patris
, etc., in
accordance with his father's friendly relations
and personal influence (see above, sect. [1]), i.e. by an advocacy proportionate in
number and influence to the number and attachment of his father's
friends.
sin . . . vindicarent
,
i.e. if all the citizens were disposed to right his wrongs.
pro eo
, etc., in view of the
fact that (i.e. with a due regard to the way in which) the
highest interests of the
State (
summa res publica
)are assailed
.
haec
,these
outrages. Observe that English often requires descriptive
words which the Latin can omit as being implied in the context.
consistere
,
etc., hinting that the accusers would be in danger of violence.
nunc
,as
it is ("as things stand": opposed to the preceding
suppositions).
sane
,I'm
sure.
quae domi
,
i.e. the personal protection of Roscius, supply of money, providing
of
witnesses, etc.
fori . . . rationem
,the business
of forum and court, i.e. the preliminaries of the trial.
ut videtis
,
i.e. he is here in court.
aetas
,
youth.
adsiduitate
,constant
presence, probably at the preliminary proceedings.
sectorum
, a pun: the word means both
buyers (of confiscated property) and
cut-throats.
hac nobilitate
, i.e. such
nobles as he.
haec res
,the present state
of things.
ei
,
such.
qui . . . facerent
:
in this Clause (as often in Latin) purpose and result approach so
Close]y as to be indistinguishable.
loco
,rank
in life.
Final appeal to the jurors.
nostra
,
nobis
:
identifying himself with his Client.
si . . . habet
,if
he
is not content (lit. does not
regard [it] as enough).
nisi
, etc., unless his
cruelty is also sated with
blood (lit. blood is furnished to
his
cruelty).
hoc tempore
,in these times
.
versata est
,has prevailed .
versari
,
live.
ad eamne rem
,is it for this that
, etc.
solent
, the emphat. position may be
represented by translating, it is the
custom, etc.
qui excipiatis
,to cut off
consilium
: the jury, or body of judices, was called
consilium. By calling it a public
council, Cicero enhances its dignity and importance.
an vero
,or
can it be true that, etc. In this use of an, the first
question is omitted, and the second is often a reductio
ad absurdum, as here. The full thought is, "Do
you not
agree with me, or can it really (
vero
)
be?" etc. See § [335], b (211, b) ; B.
162, 4, a; G. 457, I ; H. 380, 3 (353, N.4) ; H.-B. 236.
agi
,is
their object (
aliquid
agere
is to
aim at something).
ut . . . tollantur
,that . . . be
got rid of in one way or
another.
in vestro jurejurando
,
i.e. in the severity which your oath might seem to bind you to
exercise.
periculo
,the case (often
used with reference to defendants).
ad quem . . . pertineat
,
i.e. on whom the suspicion rests.
sectorem . . . accusatorem
, i.e. T. Roscius
Magnus, at once purchaser, enemy,
cut-throat, and accuser.
obstare
,stands
against (cf. sect. [20],
above).
suscipere noluit
:
the law by which the proscriptions were instituted was passed by the
people directly, without the action of the Senate.
more majorum
, i.e. that every capital
judgment was subject to an appeal to the people in the comitia
centuriata.
publico consilio
,
i.e. by their official action.
eorum
,
refers back to
eos
, l.
18, above.
reicitis
, etc., pres. for fut.: § [468] (276, c) ; G. 228 ; H. 533, 2 (467,5); H.-B.
571.
quibus
:
the antecedent is
eis
(l.
27).
quin intellegat
: §[
559] (319,d); B. 284, 3; G. 556; H. 595 (504, I); H.-B. 521, l.
pati nolite
,do not suffer:
§[450], I (269, a) ; B. 276, c ; G. 271, 2 ; H. 561,
I (489, I); H.-B. 501, 3, a, 2.
hominibus
, etc., has taken
from the gentlest of men the sense of
mercy, through familiarity with distress (lit. in plur.).
For the dative, see § [ 381] (229); B. 180, 2, d; G.
345 and R.1 ; H. 429 (386); H.-B. 371.