Cicero, pro S. Roscio Amerino (English) (XML Header) [genre: prose] [word count] [Cic. S. Rosc.].
<<Cic. S. Rosc. 47 Cic. S. Rosc. 55 (Latin) >>Cic. S. Rosc. 62

52 The bitter dislike of the father to the son, then, is proved by this, O Erucius, that he allowed him to remain in the country. Is there anything else? Certainly, says he, there is. For he was thinking of disinheriting him. I hear you. Now you are saying something which may have a bearing on the business, for you will grant, I think, that those other arguments are trifling and childish. He never went to any feasts with his father. Of course not, as he very seldom came to town at all. People very seldom asked him to their houses. No wonder, for a man who did not live in the city, and was not likely to ask them in return.

ch. 19

53

But you are aware that these things too are trifling. Let us consider that which we began with, than which no more certain argument of dislike can possibly be found. The father was thinking of disinheriting his son. I do not ask on what account. I ask how you know it? Although you ought to mention and enumerate all the reasons. And it was the duty of a regular accuser, who was accusing a man of such wickedness, to unfold all the vice and sins of a son had exasperated the father so as to enable him to bring his mind to subdue nature herself—to banish from his mind that affection so deeply implanted in it—to forget in short that he was a father; and all this I do not think could have happened without great errors on the part of the son.

54 But I give you leave to pass over those things, which, as you are silent, you admit have no existence. At all events you ought to make it evident that he did intend to disinherit him. What then do you allege to make us think that that was the case? You can say nothing with truth. Invent something at least with probability in it; that you may not manifestly be convicted of doing what you are openly doing—insulting the fortunes of this unhappy man, and the dignity of these noble judges. He meant to disinherit his son. On what account? I don't know. Did he disinherit him? No. Who hindered him? He was thinking of it. He was thinking of it? Who did he tell? No one. What is abusing the court of justice, and the laws, and your majesty, O judges, for the purposes of gain and lust, but accusing men in this manner, and bringing imputations against them which you not only are not able to prove, but which you do not even attempt to?

55 There is not one of us, O Erucius, who does not know that you have no enmity against Sextus Roscius. All men see on what account you come here as his adversary. They know that you are induced to do so by this man's money. What then? Still you ought to have been desirous of gain with such limitations as to think that the opinion of all these men, and the Remmian [Note] law ought to nave some weight.

ch. 20

56

It is a useful thing for there to be many accusers in the city, in order that audacity may be kept in check by fear; but it is only useful with this limitation, that we are not to be manifestly mocked by accusers. A man is innocent. But although he is free from guilt he is not free from suspicion. Although it is a lamentable thing, still I can, to some extent, pardon a man who accuses him. For when be has anything which he can say, imputing a crime, or fixing a suspicion, he does not appear knowingly to be openly mocking and calumniating. On which account we all easily allow that there should be as many accusers as possible; because an innocent man, if he be accused, can be acquitted; a guilty man, unless or he be accused cannot be convicted. But it is more desirable that an innocent man should be acquitted, than that a guilty man should not be brought to trial. Food for the geese is contracted for at the public expense, and dogs are maintained in the Capitol, to give notice if thieves come. But they cannot distinguish thieves. Accordingly they give notice if any one comes by night to the Capitol; and because that is a suspicious thing, although they are but beasts, yet they oftenest err on that side which is the more prudent one. But if the dogs barked by day also, when any one came to pay honour to the gods, I imagine their legs would be broken for being active then also, when there was no suspicion. The notion of accusers is very much the same.

57 Some of you are geese, who only cry out, and have no power to hurt, some are dogs who can both bark and bite. We see that food is provided for you; but you ought chiefly to attack those who deserve it. This is most pleasing to the people; then if you will, then you may bark on suspicion when it seems probable that some one has committed a crime. That may be allowed. But if you act in such a way as to accuse a man of having murdered his father, without being able to say why or how; and if you are only barking without any ground for suspicion, no one, indeed, will break your legs; but if I know these judges well, they will so firmly affix to your heads that letter [Note] to which you are so hostile that you hate all the Calends too, that you shall hereafter be able to accuse no one but your own fortunes.

ch. 21

58

What have you given me to defend my client against, my good accuser? And what ground have you given these judges for any suspicion? He was afraid of being disinherited. I hear you. But no one says what ground he had for fear. His father had it in contemplation. Prove it. There is no proof; there is no mention of any one with whom he deliberated about it—whom he told of it; there is no circumstance from which it could occur to your minds to suspect it. When you bring accusations in this manner, O Erucius, do you not plainly say this? “I know what I have received, but I do not know what to say. I have had regard to that alone which Chrysogonus said, that no one would be his advocate; that there was no one who would dare at this time to say a word about the purchase of the property, and about that conspiracy.” This false opinion prompted you to this dishonesty. You would not in truth have said a word if you had thought that any one would answer you.



Cicero, pro S. Roscio Amerino (English) (XML Header) [genre: prose] [word count] [Cic. S. Rosc.].
<<Cic. S. Rosc. 47 Cic. S. Rosc. 55 (Latin) >>Cic. S. Rosc. 62

Powered by PhiloLogic