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Pro S. Roscio Amerino

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10 INTRODUCTION.<br />

for assassination had taken place ; and tlie judges, in<br />

their desire to satisfy public opinion, might be expected to<br />

show more severity than usuaL<br />

But it was on his own influence with Sulla that Chrysogonus<br />

placed most confidence. So great was the dread<br />

of oifending the Dictator that either the accused would not<br />

l)e able to find an advocate or, in case one came forward,<br />

lie would never dare to call in question the legahty of the<br />

proscription of the elder Eoscius ; for in attaching Chrysogonus<br />

on this point lie would at the same time be making<br />

an attack on SuUa.<br />

The professional accuser Erucius, a man of some culture<br />

and reputation as a lawyer, but of doubtful character, was<br />

engaged for the prosecution.<br />

The party of the nobility, devoted as they were to Sulla's<br />

cause, must have felt aggrieved and insulted by the power<br />

and ai-rogance of the low-born favo\u-ite Chrysogonus, aud<br />

must have been inclined to support any proceeding which<br />

raight have the effect of undermining his influence.<br />

Although none of the more prominent advocates ventured<br />

to come forward in person, it was owing to the instigation<br />

of the noble friends of the elder Eoscius that the youug<br />

Cicero, who had already been pitted in a civil case against<br />

Hortensius, the greatest orator of the day, was induced to<br />

undertake the defence.<br />

Since the crime of parricide was included in Sulla's Lex<br />

Gornelia de sicariis et veneficis, Eoscius was accused before<br />

the quaestio inter sicarios, which was one of the standing<br />

commissions established by that law. (See § 7.) The<br />

President of the court was the praetor M. Fannius.<br />

The only known witnesses of the murder were the two<br />

slaves who had been with the murdered man and who now<br />

belouged to Chrysogonus. Since it was the business of the<br />

prosecutor to procure the evidence necessary to establish<br />

his case, Erucius, if he really considered it of importance<br />

to get at the actual circumstances, would have made an<br />

application that the slaves should be produced for examination<br />

under torture. This he did not do ; and he betrayed<br />

the frivolous character of the charge by producing as witnesses<br />

only those who could assign possible motives for the

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