§17hominem appellat.
He addresses the man.
iste sane adroganter quod commodum fuit respondit.
That fellow, indeed quite arrogantly, replied what was convenient for him.
Nequedum finis auctor demonstraverat.
And the guarantor had not yet shown the boundaries.
mittit ad procuratorem litteras et ad vilicum Tullius facturum negavit;
Tullius sends letters to his agent and to his bailiff... denied that he would do so.
illis absentibus finis Acerronio demonstravit neque tamen hanc centuriam Populianam vacuam tradidit.
In their absence, he showed the boundaries to Acerronius, yet he did not deliver this Populiana centuria vacant.
Acerronius, quo modo potuit, se de tota re ex
Acerronius, in what way he could, extricated himself from the whole matter...
§18mine eius modi semustilatus effugit.
...escaped from such a danger, half-burnt.
adducit iste interea in saltum homines electos maximis animis et viribus et eis arma quae cuique habilia atque apta essent comparat, prorsus ut quivis intellegeret non eos ad rem rusticam, verum ad caedem ac pugnam comparari.
Meanwhile, that fellow brings into the pasture-land men selected for the greatest spirit and strength, and prepares for them weapons that were handy and suitable for each, so that indeed anyone might understand that they were being prepared not for rustic work, but for slaughter and battle.
§19brevi illo tempore Q. Cati Aemiliani, hominis honesti, quem vos nostis, duo homines occiderunt;
In that short time, they killed two slaves of Q.
multa alia fecerunt; passim vagabantur armati, non obscure, sed ut plane intellegere viderentur ad quam rem parati essent; agros, vias denique infestas habebant.
Catius Aemilianus, an honorable man whom you know; they did many other things; they wandered armed in all directions, not secretly, but so that they seemed clearly to make understood for what purpose they were prepared; they kept the fields, and finally the roads, unsafe.
venit in Thurinum interea Tullius.
Meanwhile, Tullius came to Thurium.
deinde iste pater familias Asiaticus beatus, novus arator et idem pecuarius, cum ambularet in agro, animadvertit in hac ipsa centuria Populiana aedificium non ita magnum servumque M. Tulli Philinum.
Then that "wealthy Asiatic paterfamilias," a new plowman and at the same time a cattle-raiser, while walking in the field, noticed in this very Populiana centuria a building not so large and Philinus, a slave of M. Tullius.
§20'quid vobis,' inquit, 'istic negoti in meo est?' servus respondit pudenter, at non stulte, dominum esse ad villam; posse eum cum eo disceptare si quid vellet.
"What business of yours," he said, "is there in my property over there?" The slave replied respectfully, yet not foolishly, that his master was at the villa; that he could dispute with him if he wanted anything.
rogat Fabius Acerronium—nam ibi tum erat—ut secum simul veniat ad Tullium.
Fabius asks Acerronius—for he was there then—to come with him to Tullius.
venitur.
They come.
ad villam erat Tullius.
Tullius was at the villa.
appellat Fabius ut aut ipse Tullium deduceret aut ab eo deduceretur.
Fabius demands that either he himself should eject Tullius or be ejected by him.
dicit deducturum se Tullius, vadimonium Fabio Romam promissurum.
Tullius says that he will submit to ejection, and will promise Fabius security for appearance in Rome.
manet in ea condicione Fabius.
Fabius remains under that condition.
mature disceditur.
They depart early.
§21proxima nocte, iam fere cum lux adpropinquaret, ad illud aedificium de quo antea dixi, quod erat in centuria Populiana, servi P. Fabi frequentes armatique veniunt;
On the next night, almost when light was already approaching, to that building which I spoke of before, which was in the Populiana centuria, the slaves of P.
introitum ipsi sibi vi manuque patefaciunt; homines magni preti servos M. Tulli nec opinantis adoriuntur;
Fabius come in great numbers and armed; they open an entrance for themselves by force and violence; they attack the highly valuable slaves of M.
quod facile factu fuit, neque tam multos neque repugnantis multi armati paratique occidunt tantumque odi crudelitatisque habuerunt ut eos omnis gurgulionibus insectis relinquerent, ne, si quem semivivum ac spirantem etiam reliquissent, minor eis honor haberetur; praeterea tectum villamque disturbant.
Tullius, who were off their guard; which was easy to do, and many armed and prepared men kill those who were neither so numerous nor resisting, and they had so much hatred and cruelty that they left them all with their throats cut, lest, if they had left anyone half-dead and still breathing, less honor would be paid to them; besides, they demolish the roof and the villa.
§22hanc rem tam atrocem, tam indignam, tam repentinam nuntiat M. Tullio Philinus, quem antea nominavi, qui graviter saucius e caede effugerat.
Philinus, whom I named before, who had escaped from the slaughter gravely wounded, reports this so atrocious, so shameful, so sudden a matter to M. Tullius.
Tullius statim dimittit ad amicos, quorum ex vicinitate Thurina bona atque honesta copia praesto fuit.
Tullius immediately sends out to his friends, of whom a good and honorable supply was ready from the neighborhood of Thurium.
§23omnibus acerba res et misera videbatur.
To all, the matter seemed bitter and miserable.
Cum amici in comm turbarunt.
When the friends in common... disturbed.
§24audite, quaeso, in eas res quas commemoro hominum honestorum testimonium.
Listen, I pray, to the testimony of honorable men regarding these matters which I recount.
haec quae mei testes dicunt, fatetur adversarius eos vere dicere; quae mei testes non dicunt, quia non viderunt nec sciunt, ea dicit ipse adversarius.
These things which my witnesses say, the adversary confesses that they speak truly; what my witnesses do not say, because they did not see nor know, those things the adversary himself says.
nostri testes dicunt occisos homines; cruorem in locis pluribus, deiectum aedificium se vidisse dicunt; nihil amplius.
Our witnesses say that men were killed; they say they saw blood in several places, and the demolished building; nothing more.
quid Fabius? Horum nihil negat.
What of Fabius? He denies none of these things.
quid ergo addit amplius?
What then does he add further?
§25Suam familiam fecisse dicit.
He says that his household did it.
quo modo? vi hominibus armatis.
In what way? By force, with armed men.
quo animo? Vt id fieret quod factum est.
With what intention? That that should happen which was done.
quid est id? Vt homines M. Tulli occiderentur.
What is that? That the men of M. Tullius should be killed.
quod ergo eo animo factum est ut homines unum in locum convenirent, ut arma caperent, ut certo consilio certum in locum proficiscerentur, ut idoneum tempus eligerent, ut caedem facerent, id si voluerunt et cogitarunt et perfecerunt, potestis eam voluntatem, id consilium, id factum a dolo malo seiungere?
What therefore was done with that intention that men should assemble in one place, that they should take up arms, that with a fixed plan they should march to a fixed place, that they should choose a suitable time, that they should commit a slaughter—if they willed and planned and accomplished that, can you separate that will, that plan, that deed from malice?
§26at istuc totum '
"dolo malo"
' additur in hoc iudicio eius causa qui agit, non illius quicum agitur.
But that whole phrase ' ' is added in this trial for the sake of the one who brings the action, not of the one against whom it is brought.
id ut intellegatis, recuperatores, quaeso ut diligenter attendatis; profecto quin ita sit non dubitabitis.
That you may understand this, recuperators, I ask that you attend diligently; surely you will not doubt that it is so.