Authors, Latin -- Biography; Cicero, Marcus Tullius; Statesmen -- Rome -- Biography
Why should any accusation have been made unless there was clear evidence
as to guilt? That is the first question which presents itself. This son
received no benefit from his father's death. He had in fact been
absolutely beggared by it--had lost the farm, the farming utensils,
every slave in the place, all of which had belonged to his father, and
not to himself. They had been taken, and divided; taken by persons
called "Sectores," informers or sequestrators, who took possession of
and sold--or did not sell--confiscated goods. Such men in this case had
pounced down upon the goods of the murdered man at once and swallowed
them all up, not leaving an acre or a slave to our Roscius. Cicero tells
us who divided the spoil among them. There were two other Rosciuses,
distant relatives, probably, both named Titus; Titus Roscius Magnus, who
sojourned in Rome, and who seems to have exercised the trade of informer
and assassin during the proscriptions, and Titus Roscius Capito, who,
when at home, lived at Ameria, but of whom Cicero tells us that he had
become an apt pupil of the other during this affair. They had got large
shares, but they shared also with one Chrysogonus, the freedman and
favorite of Sulla, who did the dirty work for Jupiter Optimus Maximus
when Jupiter Optimus Maximus had not time to do it himself. We presume
that Chrysogonus had the greater part of the plunder. As to Capito, the
apt pupil, we are told again and again that he got three farms for
himself.
Again, it is necessary to say that all these facts come from Cicero,
who, in accordance with the authorized practice of barristers, would
scruple at saying nothing which he found in his instructions. How
instructions were conveyed to an advocate in those days we do not quite
know. There was no system of attorneys. But the story was probably made
out for the "patronus" or advocate by an underling, and in some way
prepared for him. That which was thus prepared he exaggerated as the
case might seem to require. It has to be understood of Cicero that he
possessed great art and, no doubt, great audacity in such exaggeration;
in regard to which we should certainly not bear very heavily upon him
now, unless we are prepared to bear more heavily upon those who do the
same thing in our own enlightened days. But Cicero, even as a young man,
knew his business much too well to put forward statements which could be
disproved. The accusation came first; then the speech in defence; after
that the evidence, which was offered only on the side of the accuser,
and which was subject to cross-examination. Cicero would have no
opportunity of producing evidence. He was thus exempted from the
necessity of proving his statements, but was subject to have them all
disproved. I think we may take it for granted that the property of the
murdered man was divided as he tells us.
Public-domain text, read in full here on John Shaqi.
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