<TEI xmlns="http://www.tei-c.org/ns/1.0" xmlns:py="http://codespeak.net/lxml/objectify/pytype" py:pytype="TREE"><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="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></div></body></text></TEI>