M. Tullius Cicero In C. Verrem 2.1.104

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In C. Verrem. M. Tullius Cicero. London. 1903.

Sponsored by Perseus Project, Tufts University.

Funding provided by National Endowment For The Humanities (NEH).

Current edition Perseus

Against Verres (English) (Cicero. The Orations of Marcus Tullius Cicero, Volume 1. Yonge, Charles Duke, translator. London: Bell, 1903.)

Editions (1)
In C. Verrem Perseus (Cicero. M. Tulli Ciceronis Orationes, Volume 3. Peterson, William, editor. Oxford: Clarendon Press, 1917.) — 2.1.104 focus

Notes on the current edition

Against Verres

1. “After the praetors were appointed, before they entered on the discharge of their duties as judges, they were in the habit of issuing an edict, setting forth the principles which they intended should govern their decisions; and they used to do this in the public assembly after they had taken the oath to observe the law.”—Hottoman.
2. “By the lex Voconia it was enacted, that no person who should be included in the census, after the census of that year, BC 169, should make any female his heir. Cicero does not state that the Lex fixed the census at any sum; but it appears from other writers that a woman could not be made haeres by any person who was rated in the census at a hundred thousand sesterces. The Lex only applied to girls, and therefore a daughter or other female could inherit ab intestato to any amount. The Vestal virgins could make women their haeredes in all cases, which was the only exception to the provisions of the law. If the terms of the law are correctly reported by Cicero, a person who was not census might make a woman his haeres whatever was the amount of his property. Still there is a difficulty about the meaning of census. If it is taken to mean that a person whose property was above a hundred thousand sesterces, and who was not included in the census, could dispose of his property as he pleased by will, the purpose of the law would be frustrated and further, the “not being included in the census” ( neque census esset) seems rather vague. Another provision of the law, mentioned by Cicero, forbade a person who was census to give more in amount in the form of a legacy or a donatio mortis causu to any person than the haeres or haeredes should take.”—Smith, Dict. Ant. p. 1059, v. Voconia Lex, with especial reference to this passage.

Commentary

Commentary on Impeachment of Verres (Select Orations of Cicero (Allen and Greenough's Edition). Greenough, James Bradstreet; Kittredge, George Lyman, editors. Boston, London: Ginn & Company, 1897.) focus

cum (causal)

sint , when men are ready.—

contionibus et legibus, harangues and bills (proposed laws). The proposition of a law which took the exclusive control of the courts from the Senators was even now pending, and the law ( Lex Aurelia) was passed before the case of Verres was decided.

conentur , purpose clause.

magnitudine , abl. of means.

spe , abl. of specification.

actor , complainant, i.e. agent or attorney for conducting the suit in personal processes ( in personam ).

adduxi enim hominem, etc.: cf. Burke, Impeachment of Warren Hastings: We have brought before your Lordships the first man in property and power; we have brought before you the head, the chief, the captain-general in iniquity,—one in whom all the frauds, all the peculations, all the tyranny in India are embodied, disciplined, and arrayed. Then, if we have brought before you such a person, if you strike at him, you will not have need of a great many more examples,— you strike at the whole corps if you strike at the head:

in quo , in whose case

reconciliare, etc., win back the lost repute.

possetis , purpose.

depeculatorem, etc.: for a more complete statement of these charges, see chs. iv , v .

juris urbani, i.e. as praetor urbanus (see sect. 12 ).