History of Roman Literature from its Earliest Period to the Augustan Age. Vol. IIDunlop, John Colin
History
History of Roman Literature from its Earliest Period to the Augustan Age. Vol. II
Dunlop, John Colin
Latin literature -- History and criticism
_Pro Sext. Roscio_. In the year following that in which he pleaded the
case of Quintius, Cicero undertook the defence of Roscius of Ameria, which
was the first public or criminal trial in which he spoke. The father of
Roscius had two mortal enemies, of his own name and district. During the
proscriptions of Sylla, he was assassinated one evening at Rome, while
returning home from supper; and, on pretext that he was in the list
proscribed, his estate was purchased for a mere nominal price by
Chrysogonus, a favourite slave, to whom Sylla had given freedom, and whom
he had permitted to buy the property of Roscius as a forfeiture. Part of
the valuable lands thus acquired, were made over by Chrysogonus to the
Roscii. These new proprietors, in order to secure themselves in the
possession, hired Erucius, an informer and prosecutor by profession, to
charge the son with the murder of his father, and they, at the same time,
suborned witnesses, in order to convict him of the parricide. From dread
of the power of Sylla, the accused had difficulty in prevailing on any
patron to undertake his cause; but Cicero eagerly embraced this
opportunity to give a public testimony of his detestation of oppression
and tyranny. He exculpates his client, by enlarging on the improbability
of the accusation, whether with respect to the enormity of the crime
charged, or the blameless character and innocent life of young Roscius. He
shows, too, that his enemies had completely failed in proving that he
laboured under the displeasure of his father, or had been disinherited by
him; and, in particular, that his constant residence in the country was no
evidence of this displeasure—a topic which leads him to indulge in a
beautiful commendation of a rural life, and the ancient rustic simplicity
of the Romans. But while he thus vindicates the innocence of Roscius, the
orator has so managed his pleading, that it appears rather an artful
accusation of the two Roscii, than a defence of his own client. He tries
to fix on them the guilt of the murder, by showing that they, and not the
son, had reaped all the advantages of the death of old Roscius, and that,
availing themselves of the strict law, which forbade slaves to be examined
in evidence against their masters, they would not allow those who were
with Roscius at the time of his assassination, but had subsequently fallen
into their own possession, to be put to the torture. The whole case seems
to have been pleaded with much animation and spirit, but the oration was
rather too much in that florid Asiatic taste, which Cicero at this time
had probably adopted from imitation of Hortensius, who was considered as
the most perfect model of eloquence in the Forum; and hence the celebrated
passage on the punishment of parricide, (which consisted in throwing the
criminal, tied up in a sack, into a river,) was condemned by the severer
taste of his more advanced years. “Its intention,” he declares, “was to
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