<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-eng2:121-140</requestUrn>
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            <reply>
                <urn>urn:cts:latinLit:phi0474.phi002.perseus-eng2:121-140</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="121" resp="perseus"><p>That cannot be the truth, O judges; it is not probable that Chrysogonus
          has taken a fancy to their learning or their politeness, or that he should be acquainted
          with their industry and fidelity in the business of a household. There is something which
          is hidden; and the more studiously it is bidden and kept back by them, so much the more is
          it visible and conspicuous.</p></div><milestone n="42" unit="chapter" resp="yonge"/><milestone unit="Para"/><div type="textpart" subtype="section" n="122" resp="perseus"><p>What, then, are we to think? Is Chrysogonus unwilling that these men shall be put to the
          question for the sake of concealing his own crime? Not so, O judges; I do not think that
          the same arguments apply to every one. As far as I am concerned, I have no suspicion of
          the sort respecting Chrysogonus, and this is not the first time that it has occurred to me
          to say so. You recollect that I so divided the cause at the beginning; into the
          accusation, the whole arguing of which was entrusted to Erucius; and into audacity, the
          business of which was assigned to the Roscii;—whatever crime, whatever wickedness,
          whatever bloodshed there is, all that is the business of the Roscii. We say that the
          excessive interest and power of Chrysogonus is a hindrance to us, and can by no means be
          endured; and that it ought not only to be weakened, but even to be punished by you, since
          you have the power given to you.</p></div><div type="textpart" subtype="section" n="123" resp="perseus"><p>I think as follows;
          that he who wishes these men to be put to the question, whom it is evident were present
          when the murder was committed, is desirous to find out the truth; that he who refuses it,
          though he does not dare admit it in words, yet does in truth by his actions, confesses
          himself guilty of the crime. I said at the beginning, O judges, that I was unwilling to
          say more of the wickedness of those men than the cause required, and than necessity itself
          compelled me to say. For many circumstances can be alleged, and every one of them can be
          discussed with many arguments. But I cannot do for any length of time, nor diligently,
          what I do against my will, and by compulsion. Those things which could by no means be
          passed over, I have lightly touched upon, O judges; those things which depend upon
          suspicion, and which, if I begin to speak of them, will require a copious discussion, I
          commit to your capacities and to your conjectures.</p></div><milestone n="43" unit="chapter" resp="yonge"/><milestone unit="Para"/><div type="textpart" subtype="section" n="124" resp="perseus"><p>I come now to that golden name of Chrysogonus, <note anchored="true">This is a pun on the
            name of Chrysogonus, all derived from the Greek word <foreign xml:lang="grc">xruso/s</foreign>, gold; and <foreign xml:lang="grc">go/nos</foreign>, birth.</note>
          under which name the whole confederacy is set up, concerning whom, O judges, I am at a
          loss both how to speak and how to hold my tongue; for if I say nothing, I leave out a
          great part of my argument, and if I speak, I fear that not he alone (about whom I am not
          concerned), but others also may think themselves injured; although the case is such that
          it does not appear necessary to say much against the common cause of the brokers. For this
          cause is, in truth, a novel and an extraordinary cause. Chrysogonus is the purchaser of
          the property of Sextus Roscius.</p></div><div type="textpart" subtype="section" n="125" resp="perseus"><p>Let us see this first,
          on what pretence the property of that man was sold, or how they could be sold. And I will
          not put this question, O judges, so as to imply that it is a scandalous thing for the
          property of an innocent man to be sold at all. For if these things are to be freely
          listened to and freely spoken, Sextus Roscius was not a man of such importance in the
          state as to make us complain of his fortune more than of that of others. But I ask this,
          how could they be sold even by that very law which is enacted about prescriptions, whether
          it be the Valerian <note anchored="true">Valerius Flaccus had been created Interrex on the
            death of the two consuls, Marius and <persName><surname>Carbo</surname></persName>. He
            appointed Sulla dictator, and passed a law that whatever Sulla had done should be
            ratified; so that Cicero's meaning here is, that he does not know which was the nominal
            author of the law he is quoting, Valerius or Sulla.</note> or <placeName key="tgn,2257061">Cornelian</placeName> law,—for neither know nor understand which it
            is—but by that very law itself how could the property of Sextus Roscius be sold?</p></div><div type="textpart" subtype="section" n="126" resp="perseus"><p>For they say it is written in it, “that the property
          of those men who have been proscribed is to be sold”; in which number Sextus Roscius is
          not one: “or of those who have been slain in the garrisons of the opposite party.” While
          there, were any garrisons, he was in the garrisons of Sulla; after they laid down their
          arms, returning from supper, he was slain at <placeName key="tgn,7013962">Rome</placeName>
          in a time of perfect peace. If he was slain by law, I admit that his property was sold by
          law too; but if it is evident that he was slain contrary to all laws, not merely to old
          laws, but to the new ones also, then I ask by what right, or in what manner, or by what
          law they were sold?</p></div><milestone n="44" unit="chapter" resp="yonge"/><milestone unit="Para"/><div type="textpart" subtype="section" n="127" resp="perseus"><p>You ask, against whom do I say this, O Erucius. Not against him whom you are meaning and
          thinking of; for both my speech from the very beginning, and also I is own eminent virtue,
          at all times has acquitted Sulla. I say that Chrysogonus did all this in order to tell
          lies; in order to make out Roscius to have been a bad citizen; in order to represent him
          as slain among the opposite party; in order to prevent Lucius Sulla from being rightly
          informed of these matters by the deputies from Ameria. Last of all, I suspect that this
          property was never sold at all; and this matter I will open presently, O judges, if you
          will give me leave.</p></div><div type="textpart" subtype="section" n="128" resp="perseus"><p>For I think it is set down in the
          law on what day these proscriptions and sales shall take place, forsooth on the first of
          January. Some months afterwards the man was slain, and his property is said to have been
          sold. Now, either this property has never been returned in the public accounts, and we are
          cheated by this scoundrel more cleverly than we think, or, if they were returned, then the
          public accounts have some way or other been tampered with, for it is quite evident that
          the property could not have been sold according to law. I am aware, O judges, that I am
          investigating this point prematurely, and that I am erring as greatly as if, while I ought
          to be curing a mortal sickness of Sextus Roscius, I were mending a whitlow; for he is not
          anxious about his money; he has no regard to any pecuniary advantage; he thinks he can
          easily endure his poverty, if he is released from this unworthy suspicion, from this false
          accusation.</p></div><div type="textpart" subtype="section" n="129" resp="perseus"><p>But I entreat you, O judges, to listen to
          the few things I have still to say, under the idea that I am speaking partly for myself,
          and party for Sextus Roscius. For the things which appear to me unworthy and intolerable,
          and which I think concern all men unless we are prudent, those things I now mention to you
          for my own sake, from the real feelings and indignation of my mind. What relates to the
          misfortunes of the life, and to the cause of my client, and what he wishes to be said for
          him, and with what condition he will be content, you shall hear, O judges, immediately at
          the end of my speech. I ask this of Chrysogonus of my own accord, leaving Sextus Roscius
          out of the question.</p></div><milestone n="45" unit="chapter" resp="yonge"/><milestone unit="Para"/><div type="textpart" subtype="section" n="130" resp="perseus"><p>First of all, why the property of a virtuous citizen was sold? Next, why the property of
          a man who was neither proscribed, nor slain in the garrisons of the opposite party, were
          sold; when the law was made against them alone? Next, why were they sold long after the
          day which is appointed by the law? Next, why were they sold for go little! And if he shall
          choose, as worthless and wicked freedmen are accustomed to do, to refer all this to his
          patrons, he will do himself no good by that For there is no one who does not know that on
          account of the immensity of his business, many men did many things of which Lucius Sulla
          knew very little.</p></div><div type="textpart" subtype="section" n="131" resp="perseus"><p>Is it right, then, that in these
          matters anything should be passed over without the ruler knowing it? It is not right, O
          judges, but it is inevitable. In truth, if the great and kind
              <persName><surname>Jupiter</surname></persName>, by whose will and command the heaven,
          the earth, and the seas are governed, has often by too violent winds, or by immoderate
          tempests, or by too much heat, or by intolerable cold, injured men, destroyed cities, or
          ruined the crops; nothing of which do we suppose to have taken place, for the sake of
          causing injury, by the divine intention, but owing to the power and magnitude of the
          affairs of the world; but on the other hand we see that the advantages which we have the
          benefit of, and the light which we enjoy, and the air which we breathe, are all given to
          and bestowed upon us by him; how can we wonder that Lucius Sulla, when he alone was
          governing the whole republic, and administering the affairs of the whole world, and
          strengthening by his laws the majesty of the empire, which he had recovered by arms,
          should have been forced to leave some things unnoticed? Unless this is strange that human
          faculties have not a power which divine might is unable to attain to.</p></div><div type="textpart" subtype="section" n="132" resp="perseus"><p>But to say no more about what has happened already, cannot any one
          thoroughly understand from what is happening now, that Chrysogonus alone is the author and
          contriver of all this, and that it is he who caused Sextus Roscius to be accused? this
          trial in which Erucius says that he is the accuser out of regard for honour <gap reason="lost"/>
          <milestone n="46" unit="chapter" resp="yonge"/><milestone unit="Para"/>
       They think they are leading a convenient life, and one arranged rationally, who have a
          house among the Salentii or Brutii, from which they can scarcely receive news three times
          a year.</p></div><div type="textpart" subtype="section" n="133" resp="perseus"><p>Another comes down to you from his palace on
          the <placeName key="tgn,2118187">Palatine</placeName>; he has for the purposes of
          relaxation to his mind a pleasant suburban villa, and many farms besides, and not one
          which is not beautiful and contiguous; a house filled with Corinthian and Delian vessels,
          among which is that celebrated stove which he has lately bought at so great a price, that
          passers by, who heard the money being counted out, thought that a farm was being sold.
          What quantities besides of embossed plate, of embroidered quilts; of paintings, of
          statues, and of marble, do you think he has in his house? All, forsooth, that in a time of
          disturbance and rapine can be crammed into one house from the plunder of many magnificent
          families. But why should I mention how vast a household too was his, and in what various
          trades was it instructed?</p></div><div type="textpart" subtype="section" n="134" resp="perseus"><p>I say nothing of those
          ordinary arts, cooks, bakers, and litter-bearers; he has so many slaves to gratify his
          mind and ears, that the whole neighbourhood resounds with the daily music of voices, and
          stringed instruments, and flutes. In such a life as this, O judges, how great a daily
          expense, and what extravagance do you think there must be? And what banquets? Honourable
          no doubt in such a house; if that is to be called a house rather than a workshop of
          wickedness, and a lodging for every sort of iniquity.</p></div><div type="textpart" subtype="section" n="135" resp="perseus"><p>In what a style he himself flutters through the forum, with his hair curled and perfumed,
          and with a great retinue of citizens, you yourselves behold, O judges; in truth you see
          how he despises every one, how he thinks no one a human being but himself, how he thinks
          himself the only happy, the only powerful man. But if I were to wish too mention what he
          does and what he attempts, O judges, I am afraid that some ignorant people would think
          that I wish to injure the cause of the nobility, and to detract from their victory;
          although I have a right to find fault if anything in that party displeases me. For I am
          not afraid that any one will suppose that I have a disposition disaffected to the cause of
          the nobility.</p></div><milestone n="47" unit="chapter" resp="yonge"/><milestone unit="Para"/><div type="textpart" subtype="section" n="136" resp="perseus"><p>They who know me, know that I, to the extent of my small and insignificant power, (when
          that which I was most eager for could not be brought about, I mean an accommodation
          between the parties) laboured to ensure the victory of that party which got it. For who
          was there who did not see that meanness was disputing with dignity for the highest
          honours? a contest in which it was the part of an abandoned citizen not to unite himself
          to those, by whose safety dignity at home and authority abroad would be preserved. And
          that all this was done, and that his proper honour and rank was restored to every one, I
          rejoice, O judges, and am exceedingly delighted; and I know that it was all done by the
          kindness of the gods, by the zeal of the Roman people, by the wisdom and government, and
          good fortune <note anchored="true">Cicero dwells on the <foreign xml:lang="la">felicitas</foreign> of Sulla, because <foreign xml:lang="la">Felix</foreign> was the
            name which Sulla himself assumed, priding himself especially on his good fortune.
          </note> of Lucius Sulla.</p></div><div type="textpart" subtype="section" n="137" resp="perseus"><p>I have no business to find
          fault with punishment having been inflicted on those who laboured with all their energies
          on the other side; and I approve of honours having been paid to the brave men whose
          assistance was eminent in the transaction of all these matters. And I consider that the
          struggle was to a great extent with this object, and I confess that I shared in that
          desire in the part I took. But if the object was, and if arms were taken with the view of
          causing the lowest of the people to be enriched with the property of others, and of
          enabling them to make attacks on the fortunes of every one, and if it is unlawful not only
          to hinder that by deed, but even to blame it in words, then the Roman people seems to me
          not to have been strengthened and restored by that war, but to have been subdued and
          crushed.</p></div><div type="textpart" subtype="section" n="138" resp="perseus"><p>But the ease is totally different: nothing of
          this, O judges, is the truth: the cause of the nobility will not only not be injured if
          you resist these men, but it will even be embellished. 
              <milestone n="48" unit="chapter" resp="yonge"/><milestone unit="Para"/>
              In truth, they who are inclined to find fault with this complain that Chrysogonus has so
          much influence; they who praise it, declare that he has not so much allowed him. And now
          it is impossible for any one to be either so foolish or so worthless as to say: “I wish it
          were allowed me, I would have said...” You may say... “I would have done...” You may do...
          No one hinders you. “I would have decreed...” “Decree, only decree rightly, every one will
          approve.” “I should have judged...” All will praise you if you judge rightly and properly.</p></div><div type="textpart" subtype="section" n="139" resp="perseus"><p>While it was necessary and while the ease made it
          inevitable, one man had all the power, and after he created magistrates and established
          laws, his own proper office and authority was restored to every one. And if those who
          recovered it wish to retain it, they will be able to retain it for ever. But if they
          either participate in or approve of these acts of murder and rapine, these enormous and
          prodigal expenses—I do not wish to say anything too severe against them; not even as an
          omen; but this one thing I do say; unless those nobles of ours are vigilant, and virtuous,
          and brave, and merciful, they must abandon their honours to those men in whom these
          qualities do exist.</p></div><div type="textpart" subtype="section" n="140" resp="perseus"><p>Let them, therefore, cease at
          least to say that a man speaks badly, if he speaks truly and with freedom; let them cease
          to make common cause with Chrysogonus; let them cease to think, if he be injured, that any
          injury has been done to them; let them see how shameful and miserable a thing it is that
          they, who could not tolerate the splendour of the knights, should be able to endure the
          domination of a most worthless slave—a domination, which, O judges, was formerly exerted
          in other matters, but now you see what a road it is making for itself, what a course it is
          aiming at, against your good faith, against your oaths, against your decisions, against
          almost the only thing which remains uncorrupted and holy in the state.</p></div></div></body></text></TEI>
                </passage>
            </reply>
            </GetPassage>