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                <requestUrn>urn:cts:latinLit:phi0474.phi002.perseus-eng2:71-84</requestUrn>
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            <reply>
                <urn>urn:cts:latinLit:phi0474.phi002.perseus-eng2:71-84</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="71" resp="perseus"><p>O singular wisdom, O judges! Do they not seem to have cut this man off and separated him
          from nature; from whom they took away at once the heaven, the sun, water and earth, so
          that he who had slain him, from whom he himself was horn, might be deprived of all those
          things from which everything is said to derive its birth. They would not throw his body to
          wild beasts, lest we should find the very beasts who had touched such wickedness, more
          savage; they would not throw them naked into the river, lest when they were carried down
          into the sea, they should pollute that also, by which all other things which have been
          polluted are believed to be purified. There is nothing in short so vile or so common that
          they left them any share in it.</p></div><div type="textpart" subtype="section" n="72" resp="perseus"><p>Indeed what is so
          common as breath to the living, earth to the dead, the sea to those who float, the shore
          to those who are cast up by the sea? These men so live, while they are able to live at
          all, that they are unable to draw breath from heaven; they so die that earth does not
          touch their bones; they are tossed about by the waves so that they are never washed;
          lastly, they are cast up by the sea so, that when dead they do not even rest on the rocks.
          Do you think, O Erucius, that you can prove to such men as these your charge of so
          enormous a crime, a crime to which so remarkable a punishment is affixed, if you do not
          allege any motive for the crime? If you were accusing him before the very purchasers of
          his property, and if Chrysogonus were presiding at that trial, still you would have come
          more carefully and with more preparation.</p></div><div type="textpart" subtype="section" n="73" resp="perseus"><p>Is it that
          you do not see what the cause really is, or before whom it is being pleaded? The cause in
          question is parricide; which cannot be undertaken without many motives; and it is being
          tried before very wise men, who are aware that no one commits the very slightest crime
          without any motive whatever.
          <milestone n="27" unit="chapter" resp="yonge"/><milestone unit="Para"/>
              Be it so; you are unable to allege any motive. Although I ought at once to gain my cause,
          yet I will not insist on this, and I will concede to you in this cause what I would not
          concede in another, relying on this man's innocence. I do not ask you why Sextus Roscius
          killed his father; I ask you how he killed him? So I ask of you, O Caius Erucius, how, and
          I will so deal with you, that I will on this topic give you leave to answer me or to
          interrupt me, or even, if you wish to at all, to ask me questions.</p></div><div type="textpart" subtype="section" n="74" resp="perseus"><p>How did he kill him? Did he strike him himself, or did he commit him to
          others to be murdered? If you say he did it himself, he was not at <placeName key="perseus,Rome">Rome</placeName>; if you say he did it by the instrumentality of
          others, I ask you were they slaves or free men? who were they? Did they come from the same
          place, from <placeName key="perseus,Ameria">Ameria</placeName>, or were they assassins of
          this city? If they came from Ameria, who are they, why are they not named? If they are of
            <placeName key="perseus,Rome">Rome</placeName>, how did Roscius make acquaintance with
          them? who for many years had not come to <placeName key="perseus,Rome">Rome</placeName>,
          and who never was there more than three days. Where did he meet them? with whom did he
          speak? how did he persuade them? Did he give them a bribe? to whom did he give it? by
          whose agency did he give it? whence did he get it, and how much did he giver? Are not
          these the steps by which one generally arrives at the main fact of guilt? And let it occur
          to you at the same time how you have painted this man's life; that you have described him
          as an unpolished and country-mannered man; that he never held conversation with any one,
          that he had never dwelt in the city.</p></div><div type="textpart" subtype="section" n="75" resp="perseus"><p>And in this I pass
          over that thing which might be a strong argument for me to prove his innocence, that
          atrocities of this sort are not usually produced among country manners, in a sober course
          of life, in an unpolished and rough sort of existence. As you cannot find every sort of
          crop, nor every tree, in every field, so every sort of crime is not engendered in every
          sort of life. In a city, luxury is engendered; avarice is inevitably produced by luxury;
          audacity must spring from avarice, and out of audacity arises every wickedness and every
          crime. But a country life, which you call a clownish one, is the teacher of economy, of
          industry, and of justice.</p></div><milestone n="28" unit="chapter" resp="yonge"/><milestone unit="Para"/><div type="textpart" subtype="section" n="76" resp="perseus"><p>But I will say no more of this. I ask then by whose instrumentality did this man, who, as
          you yourself say, never mixed with men, contrive to accomplish this terrible crime with
          such secrecy, especially while absent? There are many things, O judges, which are false,
          and which can still be argued so as to cause suspicion. But in this matter, if any grounds
          for suspicion can be discovered, I will admit that there is guilt. Sextus Roscius is
          murdered at <placeName key="perseus,Rome">Rome</placeName>, while his son is at his farm
          at <placeName key="perseus,Ameria">Ameria</placeName>. He sent letters, I suppose, to some
          assassin, he who knew no one at <placeName key="perseus,Rome">Rome</placeName>. He sent
          for some one—but when? He sent a messenger—whom? or to whom? Did he persuade any one by
          bribes, by influence, by hope, by promises? None of these things can even be invented
          against him, and yet a trial for parricide is going on.</p></div><div type="textpart" subtype="section" n="77" resp="perseus"><p>The only remaining alternative is that he managed it by means of slaves. Oh ye immortal
          gods, how miserable and disastrous is our lot. That which under such an accusation is
          usually a protection to the innocent, to offer his slaves to the question, that it is not
          allowed to Sextus Roscius to do. You, who accuse him, have all his slaves. There is not
          one boy to bring him his daily food left to Sextus Roscius out of so large a household. I
          appeal to you now, Publius Scipio, to you Metellus, while you were acting as his
          advocates, while you were pleading his cause, did not Sextus Roscius often demand of his
          adversaries that two of his father's slaves should be put to the question? Do you remember
          that you, O Titus Roscius, refused it? What? Where are those slaves? They are waiting on
          Chrysogonus, O judges; they are honoured and valued by him. Even now I demand that they be
          put to the question; he begs and entreats it.</p></div><div type="textpart" subtype="section" n="78" resp="perseus"><p>What are
          you doing? Why do you refuse? Doubt now, O judges, if you can, by whom Sextus Roscius was
          murdered; whether by him, who, on account of his death, is exposed to poverty and
          treachery, who has not even opportunity allowed him of making inquiry into his father's
          death; or by those who shun investigation, who are in possession of his property, who live
          amid murder, and by murder. Everything in this cause, O judges, is lamentable and
          scandalous; but there is nothing which can be mentioned more bitter or more iniquitous
          than this. The son is not allowed to put his father's slaves to the question concerning
          his father's death. He is not to be master of his own slaves so long as to put them to the
          question concerning his father's death. I will come again, and that speedily, to this
          topic. For all this relates to the Roscii; and I have promised that I will speak of their
          audacity when I have effaced the accusations of Erucius.</p></div><milestone n="29" unit="chapter" resp="yonge"/><milestone unit="Para"/><div type="textpart" subtype="section" n="79" resp="perseus"><p>Now, Erucius, I come to you. You must inevitably agree with me, if he is really
          implicated in this crime, that he either committed it with his own hand, which you deny,
          or by means of some other men, either freemen or slaves. Were they freemen? You can
          neither show that he had any opportunity of meeting them, nor by what means he could
          persuade them, nor where he saw them, nor by what agency he trafficked with them, nor by
          what hope, or what bribe he persuaded them. I show, on the other hand, not only that
          Sextus Roscius did nothing of all this, but that he was not even able to do anything,
          because he had neither been at <placeName key="perseus,Rome">Rome</placeName> for many
          years, nor did he ever leave his farm without some object. The name of slaves appeared to
          remain to you, to which, when driven from your other suspicions, you might fly as to a
          harbour, when you strike upon such a rock that you not only see the accusation rebound
          back from it, but perceive that every suspicion falls upon you yourselves.</p></div><div type="textpart" subtype="section" n="80" resp="perseus"><p>What is it, then? Whither has the accuser betaken himself in his
          dearth of arguments? The time, says he, was such that men were constantly being killed
          with impunity; so that you, from the great number of assassins, could effect this without
          any trouble. Meantime you seem to me, O Erucius, to be wishing to obtain two articles for
          one payment; to blacken our characters in this trial, and to accuse those very men from
          whom you have received payment. What do you say? Men were constantly being killed? By
          whose agency? and by whom? Do you not perceive that you have been brought here by brokers?
          What next? Are we ignorant that in these times the same men were brokers of men's lives as
          well as of their possessions?</p></div><div type="textpart" subtype="section" n="81" resp="perseus"><p>Shall those men then, who
          at that time used to run about armed night and day, who spent all their time in rapine and
          murder, object to Sextus Roscius the bitterness and iniquity of that time? and will they
          think that troops of assassins, among whom they themselves were leaders and chiefs, can be
          made a ground of accusation against him? who not only was not at <placeName key="perseus,Rome">Rome</placeName>, but who was utterly ignorant of everything that was
          being done at <placeName key="perseus,Rome">Rome</placeName>, because he was continually
              in the country, as you yourself admit.</p></div><div type="textpart" subtype="section" n="82" resp="perseus"><p>I fear that I
          may be wearisome to you, O judges, or that I may seem to distrust your capacity, if I
          dwell longer on matters which are so evident. The whole accusation of Erucius, as I think,
          is at an end; unless perhaps you expect me to refute the charges which he has brought
          against us of peculation and of other imaginary crimes of that sort; charges unheard of by
          us before this time, and quite novel; which he appeared to me to be spouting out of some
          other speech which he was composing against some other criminal; so wholly were they
          unconnected with either the crime of parricide, or the man who is now on his trial. But as
          he accuses us of these things with his bare word, it is sufficient to deny them with our
          bare word. If there is any point which he is keeping back to prove by witnesses, there
          also, as in this cause, he shall find us more ready than he expected.</p></div><milestone n="30" unit="chapter" resp="yonge"/><milestone unit="Para"/><div type="textpart" subtype="section" n="83" resp="perseus"><p>I come now to that point to which my desire does not lead me, but good faith towards my
          client. For if I wished to accuse men, I should accuse those men rather by accusing whom I
          might become more important, which I have determined not to do, as long as the
          alternatives of accusing and defending are both open to me. For that man appears to me the
          most honourable who arrives at a higher rank by his own virtue, not he who rises by the
          distress and misfortunes of another. Let us cease for awhile to examine into these matters
          which are unimportant; let us inquire where the guilt is, and where it can be detected. By
          this time you will understand, O Erucius, by how many suspicious circumstances a real
          crime must be proved, although I shall not mention every thing, and shall touch on every
          thing slightly. And I would not do even that if it were not necessary, and it shall be a
          sign that I am doing it against my will, that I will not pursue the point further than the
          safety of Roscius and my own good faith requires.</p></div><div type="textpart" subtype="section" n="84" resp="perseus"><p>You
          found no motive in Sextus Roscius; but I do find one in Titus Roscius For I have to do
          with you now, O Titus Roscius, since you are sitting there and openly professing yourself
          an enemy. We shall see about Capito afterwards, if he comes forward as a witness as I hear
          he is ready to do then he shall hear of other victories of his, which he does not suspect
          that I ever even heard. That Lucius Cassius, whom the Roman people used to consider a most
          impartial and able judge, used constantly to ask at trials, “to whom it had been any
          advantage?” The life of men is so directed that no one attempts to proceed to crime
          without some hope of advantage.</p></div></div></body></text></TEI>
                </passage>
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            </GetPassage>