§8Cum omnes leges omniaque iudicia quae paulo graviora atque asperiora videntur esse ex improborum iniquitate et iniuria nata sunt, tum hoc iudicium paucis hisce annis propter hominum malam consuetudinem nimiamque licentiam constitutum est.
Just as all laws and all trials which seem to be somewhat more severe and harsh have sprung from the wrongdoing and injustice of the wicked, so this trial was established within these few years because of the bad habits and excessive licentiousness of men.
nam cum multae familiae dicerentur in agris longinquis et pascuis armatae esse caedisque facere, cumque ea consuetudo non solum ad res privatorum sed ad summam rem publicam pertinere videretur, M. Lucullus, qui summa aequitate et sapientia ius dixit, primus hoc iudicium composuit et id spectavit ut omnes ita familias suas continerent ut non modo armati damnum nemini darent verum etiam lacessiti iure se potius quam armis defenderent; §9et cum sciret de damno legem esse Aquiliam, tamen hoc ita existimavit, apud maiores nostros cum et res et cupiditates minores essent et familiae non magnae magno metu continerentur ut perraro fieret ut homo occideretur, idque nefarium ac singulare facinus putaretur, nihil opus fuisse iudicio de vi coactis armatisque hominibus; quod enim usu non veniebat, de eo si quis legem aut iudicium constitueret, non tam prohibere videretur quam admonere.
For when many households of slaves were said to be armed and committing slaughters in distant fields and pastures, and when that habit seemed to affect not only the property of private individuals but the very safety of the state, M. Lucullus, who administered justice with the greatest equity and wisdom, was the first to establish this trial and aimed at this: that everyone should so restrain their households that they would not only do no harm to anyone while armed, but even when provoked, they would defend themselves by law rather than by arms; and although he knew that there was the Aquilian law concerning damage, yet he thought thus: that among our ancestors, since both wealth and desires were smaller, and households were not large and were kept in check by great fear, so that it very rarely happened that a man was killed, and that was considered a heinous and singular crime, there was no need at all for a trial concerning men gathered by force and armed; for if anyone were to establish a law or a trial concerning that which did not occur in practice, he would seem not so much to prohibit it as to suggest it.
§10his temporibus cum ex bello diuturno atque domestico res in eam consuetudinem venisset ut homines minore religione armis uterentur, necesse putavit esse et in universam familiam iudicium dare, quod a familia factum diceretur, et recuperatores dare, §11ut quam primum res iudicaretur, et poenam graviorem constituere, ut metu comprimeretur audacia, et illam latebram tollere: '
"damnum iniuria. "
' quod in aliis causis debet valere et valet lege Aquilia, id ex huius modi damno quod vi per servos armatos datum esset §12ipsi statuerent quo tempore possent suo iure arma capere, manum cogere, homines occidere.
In these times, since as a result of a long and domestic war, affairs had fallen into such a habit that men used arms with less religious scruple, he thought it necessary both to grant a trial against the entire household for what was said to be done by the household, and to appoint recuperators, so that the matter might be judged as quickly as possible, and to establish a heavier penalty so that audacity might be repressed by fear, and to remove that loophole: ' ' What ought to be valid in other cases and is valid under the Aquilian law, that, from this kind of damage which had been done by force through armed slaves, they themselves should determine at what time they could by their own right take up arms, assemble a band, and kill men.
Cum iudicium ita daret ut hoc solum in iudicium veniret, videreturne vi hominibus coactis armatisve damnum dolo malo familiae datum, neque illud adderet '
"inivria"
,' putavit se audaciam improborum sustulisse, cum spem defensionis nullam reliquisset.
When he granted the trial in such a way that only this should come into judgment—whether damage had been done by the malice of the household by force of men gathered or armed—and did not add that word ',' he thought that he had destroyed the audacity of the wicked, since he had left no hope of defense.
§13quoniam quod iudicium et quo consilio constitutum sit cognostis, nunc rem ipsam, ut gesta sit, dum breviter vobis demonstro, attendite.
Since you have learned what trial was established and with what purpose, now attend while I briefly demonstrate to you the matter itself, how it was carried out.
§14fundum habet in agro Thurino M. Tullius paternum, recuperatores, quem se habere usque eo non moleste tulit, donec vicinum eius modi nactus est qui agri finis armis proferre mallet quam iure defendere.
M. Tullius, recuperators, has an inherited estate in the territory of Thurii, which he was not displeased to possess until he got a neighbor of such a kind as preferred to extend the boundaries of his land by arms rather than defend them by law.
nam P. Fabius nuper emit agrum de C. Claudio senatore, cui fundo erat adfinis M. Tullius, sane magno, dimidio fere pluris incultum exustis villis omnibus quam quanti integrum atque ornatissimum carissimis pretiis ipse Claudius emerat
For P. Fabius recently bought a piece of land from the senator C. Claudius, to which estate M. Tullius was adjacent, indeed for a very high price, almost half as much more, though it was uncultivated and all the villas were burned down, than that at which Claudius himself had bought it when whole and fully equipped at the highest prices.
§15clam circumscripsisse isti a consulari Macedonia et Asia.
That man secretly defrauded a consular of Macedonia and Asia.
etiam illud addam quod ad rem pertinet: imperatore mortuo pecuniam nescio quo modo quaesitam dum volt in praedio ponere, non posuit, sed abiecit.
I will also add this which pertains to the matter: when, after the general's death, he wished to invest money, acquired in I know not what manner, in land, he did not invest it, but threw it away.
nihil adhuc m
. . am calamitate vicinorum corrigit, et quod stomachum suum damno Tulli explere conatus est.
He corrects nothing as yet by the calamity of his neighbors, and he attempted to satisfy his anger by the damage done to Tullius.
§16est in eo agro centuria quae Populiana nominatur, recuperatores, quae semper M. Tulli fuit, quam etiam pater possederat posita esse et ad fundum eius convenire.
There is in that land a centuria which is called Populiana, recuperators, which was always the property of M. Tullius, which his father also had possessed... to be situated and to fit his estate.
ac primum, quod eum negoti totius et emptionis suae paenitebat, fundum proscripsit; eum autem emptum habebat cum socio Cn. Acerronio, viro optimo modum proscripsisse.
And first, because he repented of the whole business and of his purchase, he offered the estate for sale; but he had bought it with a partner, Cn. Acerronius, an excellent man... to have offered the portion for sale.