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                <requestUrn>urn:cts:latinLit:phi0474.phi005.perseus-eng2:2.1.97-2.1.104</requestUrn>
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            <reply>
                <urn>urn:cts:latinLit:phi0474.phi005.perseus-eng2:2.1.97-2.1.104</urn>
                <passage>
                    <TEI xmlns="http://www.tei-c.org/ns/1.0"><text xml:lang="eng"><body><div type="translation" xml:lang="eng" n="urn:cts:latinLit:phi0474.phi005.perseus-eng2"><div type="textpart" subtype="actio" n="2"><div type="textpart" subtype="book" n="1"><div type="textpart" subtype="section" n="97" resp="perseus"><p> Therefore Marcus Scaurus, who accused Cnaeus Dolabella, held him under his power
                and in subjection. Being a young man, when in prosecuting his inquiries he
                ascertained the numerous robberies and iniquities of that man, he acted skillfully
                and warily. He showed him a huge volume full of his exploits; he got from the fellow
                all he wanted against Dolabella. He brought him forward as a witness; the fellow
                said everything which he thought the accuser wished him to say. </p></div><div type="textpart" subtype="section" n="98" resp="perseus"><p> And of that class of witnesses, men who were accomplices in his robberies, I might
                have had a great plenty if I had chosen to employ them; who offered of their own
                accord to go wherever I chose, in order to deliver themselves from the danger of
                actions, and from a connection with his crimes. I rejected the voluntary offers of
                all of them. There was not only no room for a traitor, there was none even for a
                deserter in my camp. Perhaps they are to be considered better accusers than I, who
                do all these things; but I wish the defender of others to be praised in my person,
                not the accuser. He does not dare bring in his accounts to the treasury before
                Dolabella is condemned. He prevails on the senate to grant him an adjournment;
                because he said that his account-books had been sealed up by the accusers of
                Dolabella; just as if he had not the power of copying them. This man is the only man
                who never renders accounts to the treasury. <milestone n="39" unit="chapter"/><milestone unit="Para"/> You have heard the accounts of his quaestorship
                rendered in three lines; but no accounts of his lieutenancy, till he was condemned
                and banished who alone could detect any error in them. The accounts of his
                praetorship, which, according to the decree of the senate, he ought to have rendered
                immediately on leaving office, he has not rendered to this very day. </p></div><div type="textpart" subtype="section" n="99" resp="perseus"><p> He said that he was waiting for the quaestors to appear in the senate; just as if
                a praetor could not give in his accounts without the quaestor, in the same way as
                the quaestor does without the praetor, (as you did, Hortensius, and as all have
                done.) He said that Dolabella obtained the same permission. The omen pleased the
                conscript fathers rather than the excuse; they admitted it. But now the quaestors
                have arrived some time. Why have you not rendered them now? Among the accounts of
                that infamous lieutenancy and pro-quaestorship of yours, those items occur which are
                necessarily set down also in the accounts of Dolabella. (An extract is read of the
                account of the damages assessed against Dolabella, praetor of the Roman people, for
                money received.) <note anchored="true">Hottomann makes sure that there is some
                  corruption of the MS. here, and Graevius agrees with him. “The whole passage is
                  very obscure and the more difficult because we are not acquainted with the forms
                  of proceeding which were followed against magistrates convicted of extortion. It
                  is not clear, as far as appears from Cicero's speech, that, though there was a
                  discrepancy between the accounts of Verres and that of Dolabella, the fault was
                  necessarily in the accounts of Verres; especially as Dolabella had been justly
                  convicted of extortion and malversation already. Undoubtedly Cicero produced
                  witnesses who assisted to put the case in the point of view in which he wished it
                  to be looked at.”—Desmenorius.</note>
              </p></div><div type="textpart" subtype="section" n="100" resp="perseus"><p> The sum which Dolabella entered to Verres as having been received from him, is
                less than the sum which Verres has entered as having been paid to him by four
                hundred and thirty-five thousand <foreign xml:lang="la">sesterces</foreign>. The sum
                which Dolabella made out that Verres received less than he has put down in his
                account-books, is two hundred and thirty-two thousand <foreign xml:lang="la">sesterces</foreign>. Dolabella also made out that on account of corn he had
                received one million and eight hundred thousand <foreign xml:lang="la">sesterces</foreign>; as to which you, O most incorruptible man, had quite a
                different entry in your account-books. Hence it is that those extraordinary gains of
                yours have accumulated, which we are examining into without any guide, article by
                article as we can;—hence the account with Quintus and Cnaeus Postumus Curtius, made
                up of many items; of which that fellow has not one in his account-books;—hence the
                fourteen hundred thousand <foreign xml:lang="la">sesterces</foreign> paid to Publius
                Tadius at <placeName key="perseus,Athens">Athens</placeName>, as I will prove by
                witnesses;—hence the praetorship, openly purchased; unless indeed that also is
                doubtful, how that man became praetor. </p></div><div type="textpart" subtype="section" n="101" resp="perseus"><p> Oh, he was a man, indeed, of tried industry and energy, or else of a splendid
                reputation for economy, or perhaps, which is however of the least importance, for
                his constant attendance at our assemblies;—a man who had lived before his
                quaestorship with prostitutes and pimps; who had passed his quaestorship you
                yourselves know how;—who, since that infamous quaestorship, has scarcely been three
                days in <placeName key="perseus,Rome">Rome</placeName>: who, while absent, has not
                been out of sight, but has been the common topic of conversation for every one on
                account of his countless iniquities. He, on a sudden, the moment he came to
                  <placeName key="perseus,Rome">Rome</placeName>, is made praetor for nothing!
                Besides that, other money was paid to buy off accusations. To whom it was paid is, I
                think, nothing to me; nothing to the matter in hand. That it was paid was at the
                time notorious to every one while the occurrence was recent. </p></div><div type="textpart" subtype="section" n="102" resp="perseus"><p> O you most foolish, most senseless man, when you were making up your accounts, and
                when you wanted to shirk out of the charge of having made extraordinary gains, did
                you think that you would escape sufficiently from all suspicion, if when you lent
                men money you did not enter any sums as given to them, and put down no such item at
                all in your account-books, while the Curtii were giving you credit in their books
                for all that had been received? What good did it do you that you had not put down
                what was paid to them? Did you think you were going to try your cause by the
                production of no other account-books than your own? </p></div><milestone n="40" unit="chapter"/><milestone unit="Para"/><div type="textpart" subtype="section" n="103" resp="perseus"><p> However, let us now come to that splendid praetorship and to those crimes which
                are better known to those who are here present, than even to us who come prepared to
                speak after long consideration. In dealing with which, I do not doubt that I may not
                be able to avoid and escape from some blame on the ground of negligence. For many
                will say, “He said nothing of the transaction at which I was present; he never
                touched upon that injury which was done to me, or to my friend, transactions at
                which I was present.” To all those who are acquainted with the wrongs this man has
                done—that is, to the whole Roman people—I earnestly wish to make this excuse, that
                it will not be out of carelessness that I shall pass over many things, but because I
                wish to reserve some points till I produce the witnesses, and because I think it
                necessary to omit some altogether with a view to brevity, and to the time my speech
                must take. I will confess too, though against my will, that, as he never allowed any
                moment of time to pass free from crime, I have not been able to ascertain fully
                every iniquity which has been committed by him. Therefore I beg you to listen to me
                with respect to the crimes of his praetorship, expecting only to hear those
                mentioned, both in the matters of deciding law-suits and of insisting on the repair
                of public buildings, which are thoroughly worthy of a criminal whom it is not worth
                while to accuse of any small or ordinary offences. </p></div><div type="textpart" subtype="section" n="104" resp="perseus"><p> For when he was made praetor, leaving the house of Chelidon after having taken the
                auspices, he drew the lot of the city province, more in accordance with his own
                inclination and that of Chelidon, than with the wish of the Roman people. And
                observe how he behaved at the very outset,—what his intentions were as shown <note anchored="true">“After the praetors were appointed, before they entered on the
                  discharge of their duties as judges, they were in the habit of issuing an edict,
                  setting forth the principles which they intended should govern their decisions;
                  and they used to do this in the public assembly after they had taken the oath to
                  observe the law.”—Hottoman.</note> in his first edict. <milestone n="41" unit="chapter"/><milestone unit="Para"/> Publius Annius Asellus died while Caius
                Sacerdos was praetor. As he had an only daughter, and as he was not included in the
                census, <note anchored="true">“By the <foreign xml:lang="la">lex Voconia</foreign>
                  it was enacted, that no person who should be included in the census, after the
                  census of that year, BC <date when="-0169">169</date>, should make any female his
                  heir. Cicero does not state that the <foreign xml:lang="la">Lex</foreign> fixed
                  the census at any sum; but it appears from other writers that a woman could not be
                  made <foreign xml:lang="la">haeres</foreign> by any person who was rated in the
                  census at a hundred thousand <foreign xml:lang="la">sesterces</foreign>. The Lex
                  only applied to girls, and therefore a daughter or other female could inherit
                    <foreign xml:lang="la">ab intestato</foreign> to any amount. The Vestal virgins
                  could make women their <foreign xml:lang="la">haeredes</foreign> in all cases,
                  which was the only exception to the provisions of the law. If the terms of the law
                  are correctly reported by Cicero, a person who was not <foreign xml:lang="la">census</foreign> might make a woman his <foreign xml:lang="la">haeres</foreign>
                  whatever was the amount of his property. Still there is a difficulty about the
                  meaning of <foreign xml:lang="la">census</foreign>. If it is taken to mean that a
                  person whose property was above a hundred thousand <foreign xml:lang="la">sesterces</foreign>, and who was not included in the census, could dispose of
                  his property as he pleased by will, the purpose of the law would be frustrated and
                  further, the “not being included in the census” (<foreign xml:lang="la">neque
                    census esset</foreign>) seems rather vague. Another provision of the law,
                  mentioned by Cicero, forbade a person who was <foreign xml:lang="la">census</foreign> to give more in amount in the form of a legacy or a <foreign xml:lang="la">donatio mortis causu</foreign> to any person than the <foreign xml:lang="la">haeres</foreign> or <foreign xml:lang="la">haeredes</foreign>
                  should take.”—Smith, Dict. Ant. p. 1059, v. <foreign xml:lang="la">Voconia
                    Lex</foreign>, with especial reference to this passage.</note> he did what
                nature prompted, and what no law forbade,—he appointed his daughter heiress of all
                his property. His daughter was his heiress. Everything made for the orphan; the
                equity of the law, the wish of the father, the edicts of the praetors, the usage of
                the law which existed at the time that Asellus died. </p></div></div></div></div></body></text></TEI>
                </passage>
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