ejus modi, quo uno maleficio, of such a kind, that in this one crime (rel. clause of result). voltu, by a look. si . . . postularet, . . . cogebant, would compel it if the case required: see § 517, b (308, b); cf. B. 304, 3; G. 597, R.3; H. 583, I (5 ); H.-B. 582, I and 3, a; jura cogebant is equivalent to a verb of necessity, and hence the imperf. indic. in the apodosis appears with the imperf. subj. in the protasis. auditum sit, a general condition; subj. because integral part of the result clause. tu (emphatic), you, a professional prosecutor. censes: the word used to express deliberate judgment, after discussion or the like. mores, character, as resulting from habits of life; naturam (next line), natural disposition. tu: emphatic, as opposed to the general run of accusers. Cicero is here using the famous "argument from probability," a favorite with ancient orators and rhetoricians from the fifth century B.C. "For example, if a physically weak man be accused of an assault, he is to ask the jury, 'Is it probable that a weakling like me should have attacked anybody?' while if the accused is a strong man he is to claim that it is improbable that he should have committed an assault in a case where his strength was sure to be used as a presumption against him."
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text S. Rosc.
Defence of Roscius. ( Pro Sex. Roscio Amerino ) B.C. 80.
Roscius had not only no motive to commit the crime, but no means of committing it. Erucius is challenged to tell how Roscius could himself have killed his father or could have procured his death through others.
The sale of the property of the elder Roscius was illegal and his proscription in every way irregular. For this act Chrysogonus is to be blamed, not Sulla for Sulla was necessarily so much occupied with affairs of state that details of this kind escaped his attention.
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