§7.4.22et locum multipliciter, in civitate tyrannis assueta an libera semper, in arce an domi; et quomodo factum sit, ferro an veneno; et quo tempore, bello an pace, cum depositurus esset eam potestatem an cum aliquid novi sceleris ausurus.
And the place is inquired into in multiple ways: whether in a city accustomed to tyrants or one always free, in a citadel or at home; and how it was done, by sword or by poison; and at what time, in war or in peace, when he was about to lay down that power or when he was about to dare some new crime.
habent in meritis gratiam periculum quoque et difficultas.
Danger also and difficulty have a claim to gratitude in services.
§7.4.23similiter liberalitas a quo profecta sit, refert.
Similarly, it matters from whom the liberality proceeded.
nam in paupere gratior quam in divite, dante beneficium quam reddente, patre quam orbo.
For it is more pleasing in a poor man than in a rich one, in one giving a benefit than in one returning it, in a father than in a childless man.
item in quam rem dederit et quo tempore et quo animo, id est, num in aliquam spem suam; similiter alia.
Likewise, for what purpose he gave it, and at what time, and with what mind—that is, whether with any hope of his own; and other similar points.
et ideo qualitas maxime oratoris recipit operam, quia in utramque partem plurimum est ingenio loci, nec usquam tantum adfectus valent.
And therefore the status of quality especially receives the orator's effort, because on both sides there is the greatest room for talent, and nowhere do the emotions have such power.
§7.4.24nam coniectura extrinsecus quoque adductas frequenter probationes habet et argumenta ex materia sumit; quale quidque videatur eloquentiae est opus; hic regnat, hic imperat, hic sola vincit.
For conjecture frequently has proofs brought in from the outside as well, and draws its arguments from the material; but what quality each thing seems to have is the work of eloquence; here it reigns, here it rules, here alone it conquers.
huic parti subiungit Verginius causas abdicationis, dementiae, malae tractationis, orbarum nuptias indicentium.
To this part Verginius subjoins the causes of disinheritance, of madness, of cruelty, and of those who dictate marriages for fatherless daughters.
nam et fere sic accidit, inventique sunt, qui has materias officiorum vocarent. §7.4.25sed alios quoque nonnunquam leges hae recipiunt status.
For indeed it almost happens so, and some have been found who called these materials 'concerning duties.' But these laws also sometimes receive other statuses.
nam et coniectura est aliquando in plerisque horum, cum se vel non fecisse vel bona mente fecisse contendunt Cuius generis exempla sunt multa.
For conjecture is sometimes present in most of these, when they contend either that they did not do it or that they did it with a good mind; of which kind of cases there are many examples.
et quid sit dementia ac mala tractatio, finitur.
And what madness and cruelty are, is defined.
nam leges iuris plerumque quaestiones praecurrere solent, sed ex quibus causae non fiat status.
For the questions of law usually precede, but from them the status of the cause is not made.
§7.4.26quod tamen facto defendi non poterit, iure nitetur: et quot et quibus causis abdicare non liceat, et in quae crimina malae tractationis actio non detur, et cui accusare dementiae non permittatur.
Yet what cannot be defended by the deed will rely on the law: both how many and for what causes disinheritance is not allowed, and for what crimes an action of cruelty is not given, and to whom it is not permitted to accuse of madness.
§7.4.27abdicationum formae sunt duae, altera criminis perfecti, ut si abdicetur raptor, adulter, altera velut pendentis et adhuc in condicione positi, quales sunt, in quibus abdicatur filius, quia non pareat patri.
There are two forms of disinheritance: one of a completed crime, as when a raptor or an adulterer is disinherited; the other as if pending and still placed in a condition, such as those in which a son is disinherited because he does not obey his father.
illa semper asperam abdicantis actionem habet; immutabile est enim, quod factum est; haec ex parte blandam et suadenti similem; mavult enim pater non abdicare; at pro filiis in utroque genere summissam et ad satisfaciendum compositam.
The former always has a harsh speech from the one disinheriting, for what has been done is unchangeable; the latter is partly gentle and similar to persuasion, for the father prefers not to disinherit; but for the sons in both kinds, the speech is submissive and composed for making satisfaction.
§7.4.28A quo dissensuros scio, qui libenter patres figura laedunt; quod non ausim dicere nunquam esse faciendum, potest enim materia incidere, quae hoc exigat; certe vitandum est, quotiens aliter agi potest.
From this, I know those will dissent who gladly hurt fathers with a figure of speech; which I would not dare to say should never be done, for a material can occur which requires this; certainly it must be avoided as often as it can be acted otherwise.
sed de figuris alio libro tractabimus.
But concerning figures we shall treat in another book.
§7.4.29non dissimiles autem abdicationum actionibus sunt malae tractationis actiones; nam et ipsae habent eandem in accusationibus moderationem.
Moreover, actions of cruelty are not dissimilar to the actions of disinheritance; for they themselves have the same moderation in accusations.
dementiae quoque iudicia aut propter id, quod factum est, aut propter id quod adhuc fieri vel non fieri potest instituuntur.
Judgments of madness also are instituted either on account of that which has been done, or on account of that which can still be done or not done.
§7.4.30et actor in eo, quod factum est, liberum habet impetum, sic tamen ut factum accuset, ipsius patris tanquam valetudine lapsi misereatur; in eo vero, cuius libera mutatio est, diu roget et suadeat et novissime dementiam ration queratur obstare, non mores: quos quanto magis in praeteritum laudaverit, tanto facilius probabit morbo esse mutatos.
And the accuser in that which has been done has free rein for attack, yet in such a way that he accuses the deed but pities the father himself as if having slipped through illness; but in that whose change is free, let him ask and persuade for a long time, and lastly complain that madness stands in the way of reason, not character: which the more he has praised in the past, the more easily he will prove it to have been changed by disease.
§7.4.31reus, quotiens causa patietur, debebit esse in defensione moderatus, quia fere ira et concitatio furori sunt similia.
The defendant, as often as the cause permits, ought to be moderate in defense, because anger and excitement are almost similar to madness.
omnibus is commune est, quod rei non semper defensione facti, sed excusatione ac vena frequenter utuntur.
Common to all these is that the defendants do not always use a defense of the deed, but frequently excuse and pardon.
est enim domestica disceptatio, in qua et semel peccasse et per errorem et levius, quam obiiciatur, absolutioni nonnunquam sufficit.
For it is a domestic dispute, in which to have sinned once, and through error, and more lightly than is charged, is sometimes sufficient for acquittal.
§7.4.32sed alia quoque multa controversiarum genera in qualitatem cadunt. iniuriarum;
But many other kinds of controversies also fall into quality.
quanquam enim reus aliquando fecisse negat, plerumque tamen haec actio facto atque animo continetur.
For instance, actions of injuries; for although the defendant sometimes denies having done it, yet mostly this action is contained in the deed and the intention.