§38.55.1Ser.
Then, upon Ser.
Sulpicio deinde referente, quem rogatione Petillia quaerere vellent, Q.
Sulpicius referring the question as to whom they wished to conduct the inquiry under the Petillian law, the senators ordered Q.
§38.55.2Terentium Culleonem patres iusserunt.
Terentius Culleo.
ad hunc praetorem, adeo amicum Corneliae familiae, ut, qui Romae mortuum elatumque P. Scipionem — est enim ea quoque fama — tradunt, pilleatum, sicut in triumpho ierat, in funere quoque ante lectum isse memoriae prodiderint, et ad Portam Capenam mulsum prosecutis funus dedisse, quod ab eo inter alios captivos in Africa ex hostibus receptus esset,
To this praetor — who was so friendly to the Cornelian family that those who record that P.
§38.55.3aut adeo inimicum eundem, ut propter insignem simultatem ab ea factione, quae adversa Scipionibus erat, delectus sit potissimum ad quaestionem exercendam —;
Scipio died and was buried at Rome (for there is also that report) have handed down to memory that he, wearing the felt cap of a freedman just as he had gone in the triumph, also walked before the bier at the funeral, and gave sweet wine to those who followed the funeral to the Porta Capena, because he had been recovered from the enemy in Africa by Scipio among other captives, or else so hostile to him that on account of a notable feud he was chosen above all others by that faction which was opposed to the Scipios to conduct the inquiry —; however, before this praetor, whether too favorable or hostile, L.
§38.55.4ceterum ad hunc nimis aequum aut iniquum praetorem reus extemplo factus L. Scipio.
Scipio was immediately made a defendant.
simul et delata et recepta nomina legatorum eius,
At the same time, the names of his legates, A. and L.
§38.55.5A. et L. Hostiliorum Catonum, et C. Furii Aculeonis quaestoris et, ut omnia contacta societate peculatus viderentur, scribae quoque duo et accensus.
Hostilius Cato, and C. Furius Aculeo, the quaestor, were both reported and accepted; and, so that all things might seem touched by a conspiracy of embezzlement, two scribes also and an attendant.
L. Hostilius et scribae et accensus, priusquam de Scipione iudicium fieret, absoluti sunt, Scipio et A. Hostilius legatus et C. Furius damnati:
L. Hostilius, the scribes, and the attendant, before judgment was passed on Scipio, were acquitted; Scipio, the legate A. Hostilius, and C.
§38.55.6quo commodior pax Antiocho daretur, Scipionem sex milia pondo auri, quadringenta octoginta argenti plus accepisse,
Furius were condemned: on the charge that, in order that a more favorable peace might be granted to Antiochus, Scipio had received six thousand pounds of gold and four hundred and eighty of silver more than he had paid into the treasury, A.
§38.55.7quam in aerarium retulerit, A. Hostilium octoginta pondo auri, argenti quadringenta tria, Furium quaestorem auri pondo centum triginta, argenti ducenta.
Hostilius eighty pounds of gold and four hundred and three of silver, and Furius the quaestor one hundred and thirty pounds of gold and two hundred of silver.
§38.55.8has ego summas auri et argenti relatas apud Antiatem inveni.
These sums of gold and silver I found recorded in the works of Antias.
in L. Scipione malim equidem librarii mendum quam mendacium scriptoris esse in summa auri atque argenti;
In the case of L.
§38.55.9similius enim veri est argenti quam auri maius pondus fuisse, et potius quadragiens quam ducentiens quadragiens litem aestimatam, §38.55.10ea magis, quod tantae summae rationem etiam ab ipso P. Scipione requisitam esse in senatu tradunt,
Scipio, I should indeed prefer that there be a copyist's error rather than a writer's lie in the total sum of gold and silver; for it is more likely that the weight of silver was greater than that of gold, and that the fine was assessed at four million rather than twenty-four million sesterces, all the more because they relate that the account of so great a sum was also demanded from P.
§38.55.11librumque rationis eius cum Lucium fratrem adferre iussisset, §38.55.12inspectante senatu suis ipsum manibus concerpsisse indignantem, quod, cum bis milliens in aerarium intulisset, quadragiens ratio ab se posceretur.
Scipio himself in the senate, and when he had ordered his brother Lucius to bring the book of that account, while the senate was looking on, he tore it to pieces with his own hands, being indignant that, although he had brought two thousand million into the treasury, an account of four million should be demanded from him.
§38.55.13ab eadem fiducia animi, cum quaestores pecuniam ex aerario contra legem promere non auderent, poposcisse clavis et se aperturum aerarium dixisse, qui, ut clauderetur, effecisset.
From the same confidence of spirit, when the quaestors did not dare to draw money from the treasury contrary to the law, he demanded the keys and said that he, who had caused it to be closed, would open the treasury.