RtY had been accused of killing
his dad (he was accused of
planning it, not actually DOING it)
In 81 BC his father had been murdered in Rome while
visiting friends, by unknown thugs
Slaves only witnesses
RtY was in Ameria - nothing to
connect him to the crime
Magnus, Capito +
Chrysogonus sought and
succeeded in depriving
RtY of his inheritance
Had the name of RtE placed on
posthumously placed on the
proscriptions lists
Anotações:
Sulla had created the proscription lists the year before - it meant any man on it could be killed. The killer would not be prosecuted, and usually was given a reward. A way of getting rid of his opponents.
Men placed on the lists, once dead, would lose their inheritance + property would be auctioned at a low price
Meaning - they obtained his property
Though he had never been an
enemy of Sulla
They had clearly expected to get
away with this - they were powerful +
intimidating
However RtY sought to
regain the property +
inheritance
The men realised they had
underestimated him
This is when they hired
prosecutor Erucius + charged
RtY with murdering his father
Significance
Cicero's first appearance in a
criminal as opposed to civil
court
A very high profile case
The trial was the first in 1 of 7
new courts established by
Sulla
It was one of the courts
that had received particular
attention
Crimes of murders + poisoning
The first trial held in said court
The people were anxious for a
conviction - to demonstrate some
return to law + order
Cicero believed that it was the
first to launch his oratorical
career
Cicero was attacking
Chrysogonus - a
favourite of Sulla
Who?
Roscius the Younger (RtY) - the accused
Defended by - Cicero
Had been given the trial by
the Metelli family
Provided RtY with support, but did
not speak in the trial
Son of Roscius the Elder (RtE) -
wealthy man from Ameria
Erucius - the prosecutor. Hired by:
Magnus + Capito
Relatives of both RtY + RtE
Chrysogonus
A favourite of Sulla
What happened DURING trial?
The prosecutors had contradicted
themselves - IF RtY had killed his father,
he was on the proscription lists, thus
meaning he could not be punished
Despite being told not to,
Cicero criticised + incriminated
Chrysogonus (as it would have
seemed like an attack on Sulla)
To his shock, Cicero
repeatedly mentioned his name
Cicero drew great rhetorical mileage from
the hideous nature of both the crime +
punishment to highlight the weakness of
the trial
Cicero denied allegations that RtY did not get on
well with his dad + was afraid he'd be disinherited
He argued RtY was too
naive + devoted to his
father to commit/consider
committing the crime
He did not have to PROVE the other
men did commit the crime, just provide
the jury was a possible + plausible alt
Why did Capito hear the news before RtY?
Even though the men had previously fallen
out
Why did Magnus + Capito not hand
over the slaves (the only witnesses)?
Cicero argued that RtY did not
have the character, motive nor
opportunity to kill his father
Whereas the 3 men did
RESULTS
RtY seems to have been acquitted
Chrysogonus seems to fall out the
history books
Cicero - increasingly called
upon to undertake new cases