5.
You see how great a crowd of men has come to this trial. You are aware how great is the
expectation of men, and how great their desire that the decisions of the courts of law
should be severe and impartial. After a long interval, this is the first cause about
matters of bloodshed which has been brought into court, though most shameful and
important murders have been committed in that interval. All men hope that while you are
praetor, these trials concerning manifest crimes, and the daily murders which take
place, will be conducted with no less severity than this one.
[12]
We who are pleading this cause adopt the exclamations which in other
trials the accusers are in the habit of using. We entreat of you, O Marcus Fannius, and
of you, O judges, to punish crimes with the greatest energy; to resist audacious men
with the greatest boldness; to consider that unless you show in this cause what your
disposition is, the covetousness and wickedness, and audacity of men will increase to
such a pitch that murders will take place not only secretly, but even here in the forum,
before your tribunal, O Marcus Fannius; before your feet, O judges, among the very
benches of the court.
[13]
In truth, what else is aimed at
by this trial, except that it may be lawful to commit such acts? They are the accusers
who have invaded this man's fortunes. He is pleading his cause as defendant, to whom
these men have left nothing except misfortune. They are the accusers, to whom it was an
advantage that the father of Sextus Roscius should be put to death. He is the defendant,
to whom the death of his father has brought not only grief, but also poverty. They are
the accusers, who have exceedingly desired to put this man himself to death. He is the
defendant who has come even to this very trial with a guard, lest he should be slain
here in this very place, before your eyes. Lastly, they are the accusers whom the people
demand punishment on, as the guilty parties.
[14]
He is
the defendant, who remains as the only one left after the impious slaughter committed by
them. And that you may be the more easily able to understand, O judges, that what has
been done is still more infamous than what we mention, we will explain to you from the
beginning how the matter was managed, so that you may the more easily be able to
perceive both the misery of this most innocent man, and their audacity, and the calamity
of the republic.
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