<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="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 type="textpart" subtype="section" n="85" resp="perseus"><p>Those who were about to
          be tried avoided and dreaded him as an investigator and a judge; because, although he was
          afraid of truth, he yet seemed not so much inclined by nature to mercy, as drawn by
          circumstances to severity. I, although a man is presiding at this trial who is both brave
          against audacity, and very merciful to innocence, would yet willingly suffer myself to
          speak in behalf of Sextus Roscius either before that very acute judge himself, or before
          other judges like him, whose very name those who have to stand a trial shudder at even
          now.</p></div></div></body></text></TEI>