<GetPassage xmlns:tei="http://www.tei-c.org/ns/1.0" xmlns="http://chs.harvard.edu/xmlns/cts">
            <request>
                <requestName>GetPassage</requestName>
                <requestUrn>urn:cts:latinLit:phi0474.phi002.perseus-eng2:1-14</requestUrn>
            </request>
            <reply>
                <urn>urn:cts:latinLit:phi0474.phi002.perseus-eng2:1-14</urn>
                <passage>
                    <TEI xmlns="http://www.tei-c.org/ns/1.0"><text xml:lang="eng"><body><div type="translation" n="urn:cts:latinLit:phi0474.phi002.perseus-eng2" xml:lang="eng"><div type="textpart" subtype="section" n="1" resp="perseus"><p>I imagine that you, O judges, are marvelling why it is that when so many most eminent
          orators and most noble men are sitting still, I above all others should get up, who
          neither for age, nor for ability, nor for influence, am to be compared to those who are
          sitting still. For all these men whom you see present at this trial think that a man ought
          to be defended against all injury contrived against him by unrivalled wickedness; but
          through the sad state of the times they do not dare to defend him themselves. So it comes
          to pass that they are present here because they are attending to their business, but they
          are silent because they are afraid of danger.</p></div><div type="textpart" subtype="section" n="2" resp="perseus"><p>What then?
          Am I the boldest of all these men? By no means. Am I then so much more attentive to my
          duties than the rest? I am not so covetous of even that praise, as to wish to rob others
          of it. What is it then which has impelled me beyond all the rest to undertake the cause of
          Sextus Roscius? Because, if any one of those men, men of the greatest weight and dignity,
          whom you see present, had spoken, had said one word about public affairs, as must be done
          in this case, he would be thought to have said much more than he really had said.</p></div><div type="textpart" subtype="section" n="3" resp="perseus"><p>But if I should say all the things which must be said
          with ever so much freedom, yet my speech will never go forth or be diffused among the
          people in the same manner. Secondly, because anything said by the others cannot be
          obscure, because of their nobility and dignity, and cannot be excused as being spoken
          carelessly, on account of their age and prudence; but if I say anything with too much
          freedom, it may either be altogether concealed, because I have not yet mixed in public
          affairs, or pardoned on account of my youth; although not only the method of pardoning,
          but even the habit of examining into the truth is now eradicated from the State.</p></div><div type="textpart" subtype="section" n="4" resp="perseus"><p>There is this reason, also, that perhaps the request
          to undertake this cause was made to the others so that they thought they could comply or
          refuse without prejudice to their duty; but those men applied to me who have the greatest
          weight with me by reason of their friendship with me, of the kindnesses they have done me,
          and of their own dignity; whose kindness to me I could not be ignorant of whose authority
          I could not despise, whose desires I could not neglect.</p></div><milestone n="2" unit="chapter" resp="yonge"/><milestone unit="Para"/><div type="textpart" subtype="section" n="5" resp="perseus"><p>On these accounts I have stood forward as the advocate in this cause, not as being the
          one selected who could plead with the greatest ability, but as the one left of the whole
          body who could do so with the least danger; and not in order that Sextus Roscius might he
          defended by a sufficiently able advocacy, but that he might not be wholly abandoned.
          Perhaps you may ask, What is that dread, and what is that alarm which hinders so many, and
          such eminent men, from being willing, as they usually are, to plead on behalf of the life
          and fortunes of another? And it is not strange that you are as yet ignorant of this,
          because all mention of the matter which has given rise to this trial has been designedly
          omitted by the accusers.</p></div><div type="textpart" subtype="section" n="6" resp="perseus"><p>What is that matter? The
          property of the father of this Sextus Roscius, which is six millions of <foreign xml:lang="la">sesterces</foreign>, which one of the most powerful young men of our city
          at this present time, Lucius Cornelius Chrysogonus, says he bought of that most gallant
          and most illustrious man Lucius Sulla, whom I only name to do him honour, for two thousand
            <foreign xml:lang="la">sesterces</foreign>. He, O judges, demands of you that, since he,
          without any right, has taken possession of the property of another, so abundant and so
          splendid, and as the life of Sextus Roscius appears to him to stand in the way of and to
          hinder his possession of that property, you will efface from his mind every suspicion, and
          remove all his fear. He does not think that, while this man is safe, he himself can keep
          possession of the ample and splendid patrimony of this innocent man; but if he be
          convicted and got rid of, he hopes he may be able to waste and squander in luxury what he
          has acquired by wickedness. He begs that you will take from his mind this uneasiness which
          day and night is pricking and harassing him, so as to profess yourselves his assistants in
          enjoying this his nefariously acquired booty.</p></div><div type="textpart" subtype="section" n="7" resp="perseus"><p>If his
          demand seems to you just and honourable, O judges, I, on the other hand, proffer this
          brief request, and one, as I persuade myself, somewhat more reasonable still. 
            <milestone n="3" unit="chapter" resp="yonge"/><milestone unit="Para"/>
            First of all, I ask of Chrysogonus to be content with our money and our fortunes, and not
          to seek our blood and our lives. In the second place, I beg you, O judges, to resist the
          wickedness of audacious men; to relieve the calamities of the innocent, and in the cause
          of Sextus Roscius to repel the danger which is being aimed at every one.</p></div><div type="textpart" subtype="section" n="8" resp="perseus"><p>But if any pretence for the accusation—if any suspicion of this act—if,
          in short, any, the least thing be found,—so that in bringing forward this accusation they
          shall seem to have had some real object,—if you find any cause whatever for it, except
          that plunder which I have mentioned, I will not object to the life of Sextus Roscius being
          abandoned to their pleasure. But if there is no other object in it, except to prevent
          anything being wanting to those men, whom nothing can satisfy, if this alone is contended
          for at this moment, that the condemnation of Sextus Roscius may be added as a sort of
          crown, as it were, to this rich and splendid booty,—though many things be infamous, still
          is not this the most infamous of all things, that you should be thought fitting men for
          these fellows now to expect to obtain by means of your sentences and your oaths, what they
          have hitherto been in the habit of obtaining by wickedness and by the sword; that though
          you have been chosen out of the state into the senate because of your dignity, and out of
          the senate into this body because of your inflexible love of justice—still assassins and
          gladiators should ask of you, not only to allow them to escape the punishment which they
          ought to fear and dread at your hands for their crimes, but also that they may depart from
          this court adorned and enriched with the spoils of Sextus Roscius?</p></div><milestone n="4" unit="chapter" resp="yonge"/><milestone unit="Para"/><div type="textpart" subtype="section" n="9" resp="perseus"><p>Of such important and such atrocious actions, I am aware that I can neither speak with
          sufficient propriety, nor complain with sufficient dignity, nor cry out against with
          sufficient freedom. For my want of capacity is a hindrance to my speaking with propriety;
          my age, to my speaking with dignity; the times themselves are an obstacle to my speaking
          with freedom. To this is added great fear, which both nature and my modesty cause me, and
          your dignity, and the violence of our adversaries, and the danger of Sextus Roscius. On
          which account, I beg and entreat of you, O judges, to hear what I have to say with
          attention, and with your favourable construction.</p></div><div type="textpart" subtype="section" n="10" resp="perseus"><p>Relying on your integrity and wisdom, I have undertaken a greater burden than, I am well
          aware, I am able to bear. If you, in some degree, lighten this burden, O judges, I will
          bear it as well as I can with zeal and industry. But if, as I do not expect, I am
          abandoned by you, still I will not fail in courage, and I will bear what I have undertaken
          as well as I can. But if I cannot support it, I had rather be overwhelmed by the weight of
          my duty, than either through treachery betray, or through weakness of mind desert, that
          which has been once honestly entrusted to me.</p></div><div type="textpart" subtype="section" n="11" resp="perseus"><p>I also,
          above all things, entreat you, O Marcus Fannius, to show yourself at this present time
          both to us and to the Roman people the same man that you formerly showed yourself to the
          Roman people when you before presided at the trial in this same cause. <note anchored="true">Fannius had been praetor, and before a cause came to actual trial, in
            came before the praetor, who decided whether there were sufficient grounds for allowing
            the trial to proceed; much as our grand jury does now.</note>
          <milestone n="5" unit="chapter" resp="yonge"/><milestone unit="Para"/>
          You see how great a crowd of men has come to this trial. You are aware how great is the
          expectation of men, and how great their desire that the decisions of the courts of law
          should be severe and impartial. After a long interval, this is the first cause about
          matters of bloodshed which has been brought into court, though most shameful and important
          murders have been committed in that interval. All men hope that while you are praetor,
          these trials concerning manifest crimes, and the daily murders which take place, will be
          conducted with no less severity than this one.</p></div><div type="textpart" subtype="section" n="12" resp="perseus"><p>We who
          are pleading this cause adopt the exclamations which in other trials the accusers are in
          the habit of using. We entreat of you, O Marcus Fannius, and of you, O judges, to punish
          crimes with the greatest energy; to resist audacious men with the greatest boldness; to
          consider that unless you show in this cause what your disposition is, the covetousness and
          wickedness, and audacity of men will increase to such a pitch that murders will take place
          not only secretly, but even here in the forum, before your tribunal, O Marcus Fannius;
          before your feet, O judges, among the very benches of the court.</p></div><div type="textpart" subtype="section" n="13" resp="perseus"><p>In truth, what else is aimed at by this trial, except that it may be
          lawful to commit such acts? They are the accusers who have invaded this man's fortunes. He
          is pleading his cause as defendant, to whom these men have left nothing except misfortune.
          They are the accusers, to whom it was an advantage that the father of Sextus Roscius
          should be put to death. He is the defendant, to whom the death of his father has brought
          not only grief, but also poverty. They are the accusers, who have exceedingly desired to
          put this man himself to death. He is the defendant who has come even to this very trial
          with a guard, lest he should be slain here in this very place, before your eyes. Lastly,
          they are the accusers whom the people demand punishment on, as the guilty parties.</p></div><div type="textpart" subtype="section" n="14" resp="perseus"><p>He is the defendant, who remains as the only one left
          after the impious slaughter committed by them. And that you may be the more easily able to
          understand, O judges, that what has been done is still more infamous than what we mention,
          we will explain to you from the beginning how the matter was managed, so that you may the
          more easily be able to perceive both the misery of this most innocent man, and their
          audacity, and the calamity of the republic.</p></div></div></body></text></TEI>
                </passage>
            </reply>
            </GetPassage>