<TEI xmlns="http://www.tei-c.org/ns/1.0" xmlns:py="http://codespeak.net/lxml/objectify/pytype" py:pytype="TREE"><text xml:lang="eng"><body><div type="translation" xml:lang="eng" n="urn:cts:latinLit:phi0474.phi017.perseus-eng2" subtype="translation"><div type="textpart" subtype="section" n="80" resp="perseus"><p> I only ask this; whether those farms can be bought and sold by the civil law;
    whether they come under the provisions of the civil law, whether or no they are freehold,
    whether they can be registered at the treasury and before the censor? Lastly, in what tribe did
    you register those farms? You managed it so, that if any serious emergency had arisen, tribute
    might have been levied on the same farms both at Apollonides and at Rome. However, be it so; you
    were in a boastful humour. You wanted a great amount of land to be registered as yours, and of
    that land too, which cannot be distributed among the Roman people. Besides that, you were
    registered as possessed of' money in hand, cash to the amount of a hundred and thirty thousand
    sesterces. I do not suppose that you counted that money; but I pass over all these things. You
    registered the slaves of Amyntas; and, in that respect you did not wrong; for Amyntas is the
    owner of those slaves. And at first indeed he was alarmed when he heard that you had registered
    his slaves. He consulted lawyers. It was decreed by all of them that if Decianus could make
    other people's property his by registering it as such, he would have very great <gap reason="lost"/>
    </p></div><milestone n="33" unit="chapter"/><div type="textpart" subtype="section" n="81" resp="perseus"><p><milestone unit="para"/>You now know the cause of the enmity by which Decianus was excited to communicate to Laelius
    this grand accusation against Flaccus. For Laelius framed his complaint in this way, when he was
    speaking of the perfidy of Decianus: “He, who was my original informant; who communicated the
    facts of the case; whom I have followed, he has been bribed by Flaccus, he has deserted and
    abandoned me.” Have you, then, been the prime mover in bringing that man into peril of all his;
    fortunes, whose counselor you had been, with whom you had preserved all the privileges of your
    rank, a most virtuous man, a man born of a most noble family, a man who had done great services
    to the republic? Forsooth, I will defend Decianus, who has become suspected by you through no
    fault of his own. </p></div><div type="textpart" subtype="section" n="82" resp="perseus"><p> Believe me, he was not bribed; for what was
    there which could have been got by bribing him? Could he have contrived for the trial to last
    longer? Why, the law only allows six hours altogether. How much would Decianus rather have taken
    away from those six hours, if he had wished to serve you. In truth, that is what he himself
    suspects,—you envied the ingenuity of your junior counsel. Because he discharged the part which
    he had undertaken with wit, and examined the witnesses cleverly, <note anchored="true">What
     follows here in the text is quite unintelligible, and is given up by Orellius as hopelessly
     corrupt; and probably there is some corruption for the next few lines which I have attempted to
     translate.</note><gap reason="lost"/> But if this be probable, at all events it is not very
    probable that Decianus was bribed by Flaccus. </p></div><div type="textpart" subtype="section" n="83" resp="perseus"><p> And the rest of
    the case is just as improbable, as is what Lucceius says, that Lucius Flaccus had wished to give
    him two millions of sesterces to induce him to break his word. And do you accuse that man of
    avarice who you say was willing to abstain from taking two millions of sesterces? For when he
    was buying you, what was it that he was buying? Was it your desertion to his side? If you did
    come over to us, what share in the cause were we to give you? were we to allot to you the part
    of explaining the designs of Laelius? of saying what witnesses proceeded from his house? What?
    did not we ourselves see that they were living together? Who is there who does not know that? Is
    there the slightest doubt that the documents were in Laelius's power? or, was he bribing you not
    to accuse him with vigour and with eloquence? Now you give cause for suspicion; for you spoke in
    such a manner that some point or other does seem to have been carried with you. </p></div><milestone n="34" unit="chapter"/><div type="textpart" subtype="section" n="84" resp="perseus"><p><milestone unit="para"/>“But a great and intolerable injury was done to Andrus Sextilius.” As, when his wife Valeria
    had died without a will, Flaccus managed the business in such a way as if the inheritance
    belonged to himself. And in that I should be glad to know what you find fault with,—is it, that
    he asserted anything which was false? How do you prove it? “She was,” says he, “a person of good
    family.” O man, learned in the law! What? cannot inheritances legally come from women of good
    family? “She was,” says he, “under the power of her husband.” Now I understand you; but was she
    so by use <note anchored="true">The marriage <foreign xml:lang="la">per coemptionem</foreign>
     has already been explained. “Marriage was also effected by <foreign xml:lang="la">usus</foreign>, if a woman lived with a man for a whole year as his wife.” Smith, Dict, Ant.
     p. 604 v. <title>Marriage</title>, q. v. </note> or by purchase? It could not be by use for
    legitimate guardianship cannot be annulled except by the consent of all the guardians. By
    purchase? Then it must have been with the consent of all of them; and certainly you will not say
    that that of Flaccus was obtained. </p></div></div></body></text></TEI>