The evidence, and the marks it carries证据及其标记
Both pages were built so that no statement stands without the kind of thing that supports it. Reading them together means reading a graded corpus rather than a narrative, and the grades are the first substantive fact about Roman juridical process that they establish.这两页的编排，使每一项陈述都带着支持它的那一类证据。合读二者，读到的是一份分级的语料，而非一段叙述；而这些分级本身，就是它们所确立的关于罗马司法程序的第一件实事。
The procedure dossier holds 702 records, every one of them passed through a two-rater gate: 651 where both raters agreed, 51 adjudicated, 452 marked clear and 250 borderline. Two out of every five records in a dossier about Roman law are modern argument, and of the ancient share the largest single block is the voice of one advocate arguing one case. The network page grades differently, by what a claim is made of rather than by when it was written, and one of its seven tiers holds a single entry and no evidence at all: under not held here it records that it owns no numismatic dataset and that no coin is cited anywhere in its sources.
| Stage阶段 | Composition of the record base证据构成 | n |
|---|---|---|
| 1 the court法庭 | 90 | |
| 2 standing起诉资格 | 60 | |
| 3 postulatio申请控告 | 43 | |
| 4 divinatio预审 | 56 | |
| 5 nominis delatio正式控告 | 48 | |
| 6 inquisitio取证 | 59 | |
| 7 the jury审判员 | 75 | |
| 8 actio prima · comperendinatio · actio secunda两次庭审 | 59 | |
| 9 verdict · litis aestimatio判决与定赔 | 55 | |
| 10 praevaricatio · calumnia滥用与防范 | 69 | |
| 11 synthesis综述 | 43 | |
| 12 chronology audit年代审核 | 45 |
Six propositions about the system关于这套制度的六条论断
These are the structural claims the two dossiers jointly support, stated before the procedure that expresses them.以下六条，是两份文档共同支持的结构性论断，列于程序之前。
1Jurisdiction is built out of a pairing, not out of a definition of crime管辖权由一组配对构成，而非由罪的定义构成
The opening clauses of the extortion law on the Tabula Bembina define the plaintiff by his relation to Rome and the defendant by the office he has held, and only then say what the wrong is. The plaintiff is anyone of the allies or of the Latin name or of the foreign nations, or of those within the discretion, sway, power or friendship of the Roman people — a formula drafted to be exhaustive of everyone under Roman power short of a citizen. The defendant is a man who has held one of a listed run of magistracies, from dictator down to the military tribunate of the first four legions, or the son of such a man provided the father is a senator.
Three consequences follow from the pairing and hold across every later statute. Standing on the plaintiff's side is a status question rather than an injury question. Liability on the defendant's side attaches to office rather than to conduct, which is why a rubric of the same law provides that no trial shall take place against these men while they hold a magistracy or imperium. And the court can therefore only act on a man who has already stopped acting. The whole apparatus of the Verres case — the year of delay, the friendly praetor waiting for the next year, the consulship that would put the defence counsel beyond reach — is a set of moves inside that single structural fact.
ablatum captum coactum conciliatum auersumue siet, de ea re eius petitio nominisque delatio estotaken away, seized, extorted, procured or diverted — of that matter let there be for him suit and the right of laying the name.
lex repetundarum l. 3, Crawford, Roman Statutes I (1996), PDF p. 92 · record S0030
2The initiative is private, and the rest of the procedure is built around that控告之权在私人，其余程序皆围绕此点而设
Rome had no public prosecutor. A quaestio de repetundis rested entirely on the good faith of a private accuser, and the statutes name three ways he could betray it: calumnia, pressing a charge known to be false; praevaricatio, colluding with the defendant so that the prosecution should fail; tergiversatio, dropping the case for unworthy motives. Almost every distinctive feature of the procedure is a guard against one of these — the oath at the outset, the bar on men already condemned for collusion, the preliminary contest between rival claimants, the rubric de praeuaricatione, the rule that an acquittal so obtained was no bar to a fresh charge, and the penalty of infamia.
The same fact produces the most striking constitutional oddity in the dossier. For a fixed period a private citizen was invested with public compulsion abroad.
Ce même magistrat fixa le délai et donna à l'accusateur les moyens de rassembler les preuves.The same magistrate fixed the period and gave the accuser the means to gather the proofs. Pittia goes on to describe an accuser officially invested with an authority to have witnesses summoned and documents, registers and letters given up.
Sylvie Pittia, in J. R. W. Prag (ed.), Sicilia nutrix plebis Romanae (BICS Suppl. 97, 2007), PDF p. 72 · record S0353
3Standing migrated from the injured party to the Roman advocate控告资格自受害者转移至罗马辩护人
On the bronze the initiative belongs to the injured. The opening clause grants suit and prosecution to the provincial himself; a further clause extends it to anyone who satisfies the praetor that he has been sent to sue by a king, a people or a fellow-citizen; a reward clause promises Roman citizenship to a non-citizen whose efforts secure a condemnation, or, for a man who does not want it, provocatio and exemption from military service. The same statute lets a claimant who lodged before the Kalends of September ask for patroni — free-born Roman citizens, not anyone bound to the defendant by marriage-connection, close kinship, sodalitas, shared collegium or fides, and not anyone sitting as a juror in the case — with a separate rubric, de patrono repudiando, letting the claimant throw off an obstructive one.
By 70 the shape had changed. Rivals applied to the president for leave; where more than one applied, a jury decided between them; and, as Lintott puts it, the man who prosecuted was usually a Roman, the provincials' part having contracted to choosing whom to ask. What did not change was the language. Kathryn Tempest's argument, which the network page carries as one of its six scholarly cruxes, is that the rhetoric of provincial mandate survived the procedural change as a rhetorical necessity after it had ceased to be the legal ground of standing.
adsunt, queruntur Siculi universi; ad meam fidem, quam habent spectatam iam et cognitam, confugiunt; auxilium sibi per me a vobis atque a populi Romani legibus petunt; me defensorem calamitatum suarum, me ultorem iniuriarum, me cognitorem iuris sui, me actorem causae totius esse voluerunt.They are here; the Sicilians as a body are complaining; they take refuge in my good faith, which they have already tested and know; they seek help for themselves through me from you and from the laws of the Roman people; they have wished me to be the defender of their disasters, the avenger of their wrongs, the acknowledged agent of their right, and the conductor of the whole case.
Cicero, Divinatio in Q. Caecilium 11 · records L0007, L0094, L0195
4A court is a statute, a president, a roll and a fixed charge一个法庭，即一部法律、一位主持官、一份名册、一项固定罪名
The procedure page sets seventeen courts of the period 150 to 30 BC in five families, and the taxonomy is itself an argument about what a Roman court was. A quaestio perpetua consists of a statute, a magistrate holding it for the year by lot, an album of jurors, and one head of charge; from 149 the Republic adds them one at a time — extortion, then electoral bribery, treason, murder and poisoning, embezzlement, public violence, forgery, parricide — until the criminal law is a shelf of separate courts. Beside them stand the older trials before the people, which were never abolished; the private suits before a single judge or a panel of recuperatores; the governor's jurisdiction in the provinces; and the senate's power to create commissions.
The relation between two of those families is the reason the extortion court exists at all. In the province the governor is the court: he tours, he hears, he delegates, he appoints the judges and the recuperatores. The dossier's own gloss on that family is the shortest statement of the system in either page — the Verrines are a description of that jurisdiction being used, and the extortion court is the remedy after the fact.
5The rules were legislated, repeatedly, by the class they bound规则由受其约束的那个阶层反复立法而成
Eight statutes run through the dossier between 149 and 59, and what changes most often is the composition of the jury: senators to 122, equestrians from the Gracchan law, Caepio's adjustment in 106, Glaucia's, Sulla's restriction to the senate in 81, and the mixed panels of senators, equites and tribuni aerarii under the lex Aurelia of 70. The last of those was promulgated while Verres was being tried, and Pseudo-Asconius sets the trial squarely in that setting: the plebs clamouring for the courts of the equestrian order which Sulla had abolished about ten years before, the world weary of prosecutors notorious for collusion, Glabrio hearing the extortion charge, and the most substantial men of the senatorial order judging.
6Time is a resource the parties compete for, and the calendar is an instrument时间是双方争夺的资源，历日则是可用之器
The statutory clock runs through every stage: the Kalends of September as a cut-off for laying a name, the twenty-day and sixty-day terms for choosing jurors on the bronze, the period of days granted for the enquiry abroad, the compulsory adjournment between the two hearings, the ten days or thirty by which a defendant was summoned, the three days within which recovered money was to be paid out, the five years after which unclaimed money fell to the Roman people. Against that runs the political calendar — elections, magistracies, games — which one side can spend and the other cannot. Cicero counts the days aloud in court.
decem dies sunt ante ludos votivos, quos Cn. Pompeius facturus est; hi ludi dies quindecim auferent; deinde continuo Romani consequentur. ita prope xl diebus interpositis tum denique se ad ea quae a nobis dicta erunt responsuros esse arbitrantur.There are ten days before the votive games which Cn. Pompeius is to hold; these games will take away fifteen days; then the Roman games follow at once. So with nearly forty days interposed they reckon that they will then at last reply to what we have said.
Cicero, In Verrem actio prima 31 · network record verr131
Eight statutes, and the one that is missing八部法律，与那一部佚失者
The court was re-legislated seven times in ninety years. The version that tried Verres does not survive, and that single absence governs the evidential shape of everything else.九十年间，这个法庭七次被重新立法。审判维勒斯所依的那一部并未流传下来；仅此一项缺失，就决定了其余一切证据的形态。
The procedure, in the ten stages the dossier distinguishes程序：文档所分的十个阶段
The order is Greenidge's, tested at every joint. Under each step: what the rule was, what the bronze preserves of it, what the trial of 70 shows it doing, and the crux the evidence leaves open.次序依格林尼奇，逐处接榫皆经查验。每一步之下：规则为何、铜版留存了其中哪些、公元前 70 年的审判显示它如何运作，以及证据未决之要害。
The court itself法庭本身
quaestio perpetua de pecuniis repetundis
The court became permanent in 149, when a plebiscite of the tribune L. Calpurnius Piso Frugi made standing what had been an occasional expedient. Cicero names Piso's law as the first de pecuniis repetundis and says there had been none before it; the passage in the Brutus is the foundation text for the date and is cited as such by Crawford, Alexander and Lintott alike. The precedent behind it is the senate's answer in 171 to envoys from the two Spains: the praetor L. Canuleius was instructed to give five recuperatores from the senatorial order against each of the men from whom the Spaniards were reclaiming money, and to let the Spaniards name the patroni they wanted. Livy adds the rumour that the Spaniards were being held back by their own Roman patrons from arraigning noble and powerful men.
By the time of the trial the court had also acquired a jurisdiction over senators who took money as jurors, so that not every action in it was any longer a suit to recover a provincial's losses. What separated it from the other standing courts was that it alone kept the shape of a recovery action.
Who may bring the charge何人可提控告
petitio nominisque delatio
A repetundae case begins with someone claiming the right to lay the charge, not with a magistrate deciding to bring one. The statute's own term for the entitlement is petitio nominisque delatio; Crawford conjectures that the lost rubric over the opening clauses read something like quoi nomen deferre liceat, and prints the heading with a question mark on both sides, noting room for seventy to eighty letters. The stage's name in the statute is therefore not attested.
In 70 the Sicilian communities came to Cicero publice and made him their agent, and his rival Q. Caecilius Niger — Verres' own quaestor in Sicily, and, as he said himself, Verres' personal enemy — was attacked not for lacking standing in law but for the impiety of accusing a governor who stood to him in a parent's place, with three earlier refusals of leave to ex-quaestors cited as precedent.
Application for leave to prosecute申请控告之权
postulatio · delationem nominis postulare
The would-be accuser came before the magistrate holding the court for the year — in 70 the praetor M'. Acilius Glabrio, to whom the extortion court had fallen by lot — and asked for the right to lay the name of the man he meant to prosecute. He had to identify the defendant and the statute, since each praetor drew a particular law by lot and could entertain only cases falling under it; he had to be someone the law allowed to accuse; and he swore that he was not applying in order to bring a vexatious charge. Acceptance was not a formality: Caelius reports the praetor Laterensis simply declining to receive a claim that Pausanias put to him.
Two acts, not one. Caelius' remark that Dolabella's wife left him between the postulatio and the laying of the name shows the interval plainly.
The contest between rival accusers控告人之争
divinatio · de accusatore constituendo
Only one man could lead the prosecution of a given defendant, so where two or more applied, a jury decided between them before the case proper began. What was argued was not guilt but fitness. Cicero says the two things chiefly to be looked at are whom the injured parties most want as their agent and whom the accused would least like to face; Quintilian adds the standard further questions — which man has the better grounds, which will bring more energy and force, which will act in better faith.
Cicero's arguments in 70 are exactly of that shape: he presses his standing as the province's chosen actor and cognitor; he disparages Caecilius' voice, memory, judgement and talent; he observes that Caecilius' clerk Potamo was kept back in the province by Verres and that Caecilius' own brother is living on the friendliest terms with the defendant; and above all he urges that a man who had been Verres' quaestor stands to his governor as to a parent. Plutarch, retelling the same hearing a century and a half later, has lost the institution altogether: Caecilius has become a freedman, and the contest a joke.
divinatio appellatur. Id vocabulum quam ob causam ita factum sit, quaeri solet. Gavius Bassus … Divinatio, inquit, iudicium appellatur, quoniam divinet quodammodo iudex oportet quam sententiam sese ferre par sit.It is called a divinatio. Why the word was made so is a standing question. Gavius Bassus says: the trial is called a divination, because the juror must in a manner divine what verdict it is proper for him to give.
Aulus Gellius, Noctes Atticae 2.4 · records L0114, L0267, L0383
Laying the name, and the president's acceptance登名与主持官之受理
nominis delatio · receptio nominis
The statute puts the two halves of the act in a single clause and makes the accuser's oath the immediate condition of what follows. What was laid was a name attached to a stated offence, and from the acceptance the man was reus. Greenidge holds that the president then drew up an inscriptio fixing the charge, which the leading accuser signed and beneath which the subscriptores signed theirs; he also places an interrogatio of the accused here, and Pseudo-Asconius preserves the formula used against Verres. The entry went into the court's register, and Cicero's evidence for such a register is unusually concrete: he calls for the codex to be carried round the court so that the jury can see the erasure at the very entry where the delatio was recorded.
in ious educito nomenque eius deferto. sei deiurauerit calumniae causa non po[stulare, is iudex nomen recipito …]let him bring him into court and lay his name. If he shall have sworn that he is not demanding a trial by way of a false charge, let that judge accept the name.
lex repetundarum l. 19, under the rubric de nomine deferundo iudicibusque legundeis · records S0269, S0573
The grant of time and authority to gather evidence给期与授权取证
inquisitio · dies inquirendi
The accuser asked the court for a fixed stretch of time in which to go and fetch his evidence, naming the province and the day. Inside that term he travelled with a staff — his subscriptores, and a train of attendants whose number a later statute capped — and wielded powers he had not had as a private man. He could serve formal notice on witnesses and compel their attendance, a compulsion Quintilian says was conceded to accusers alone; he could demand, seal and carry off account-books, registers and private letters; and Pittia notes that the search reached into private premises.
Two limits met those powers on the ground. The first was the governor in post, who controlled coercion there. In Sicily that was L. Metellus, brother of a consul-elect and of the praetor who would hold the court the following year, and Cicero says that after his arrival Metellus suddenly became not merely a friend of the defendant but a kinsman. The second was local officials who denied that Roman law reached them; at Syracuse Cicero obtained the senate's minute-book only after reading out the statute's penalty clause aloud.
itaque cum ego diem inquirendi in Siciliam perexiguam postulavissem, invenit iste qui sibi in Achaiam biduo breviorem diem postularet; … etenim ille Achaicus inquisitor ne Brundisium quidem pervenit, ego Siciliam totam quinquaginta diebus sic obii ut omnium populorum privatorumque litteras iniuriasque cognoscerem.And so, when I had demanded a very short period for the enquiry in Sicily, he found a man to demand for himself a period two days shorter for Achaea; for that Achaean investigator did not even get as far as Brundisium, while I went round the whole of Sicily in fifty days in such a way as to learn the documents and the injuries of every community and every private person.
Cicero, In Verrem actio prima 6 · records L0159, L0304, L0556, L0666
Constituting the jury组成审判团
album iudicum · sortitio · reiectio · subsortitio
No Roman criminal jury was empanelled from the citizen body at large. It was drawn from a roll made in advance for the year. Under the bronze the praetor chose 450 men, swore he had chosen men he judged suitable, had their names painted in black on a whitened board arranged by tribe, published, open to copying, read out in a public meeting and entered permanently in the records; the statute lists who may not be on it.
In that earliest system there is no allotment at all. Once a prosecution was accepted the prosecutor declared his own connections among the 450, then within twenty days named a hundred men; the defendant had until the sixtieth day to pick fifty of the hundred. By 70 the mechanism was different: Sulla's laws confined the roll to the senate, divided it into small decuriae, and produced a jury by lot, the president assigning a decuria and both sides then striking names — three each under the Cornelian rules, on Cicero's complaint. Where a decuria ran short the president demanded a subsortitio from the next.
At the second action Cicero reports what the defence did with its own strikes: Verres rejected P. Galba and retained M. Lucretius, and when his counsel asked why he had let his closest friends Sex. Peducaeus, Q. Considius and Q. Iunius be struck out, he answered that he knew them to be too much their own masters in judging.
Vt primum e provincia rediit, redemptio est huius iudici facta grandi pecunia. mansit in condicione atque pacto usque ad eum finem dum iudices reiecti sunt: posteaquam reiectio iudicum facta est … renuntiata est tota condicio.As soon as he came back from the province, this trial was bought up for a great sum. The bargain stood on its terms right up to the point at which the jurors were challenged; after the challenge was made, the whole arrangement was called off.
Cicero, In Verrem actio prima 16 · records L0358, L0557
The two hearings两次庭审
actio prima · comperendinatio · actio secunda
A trial for extortion could not be finished at a single sitting. It was cut in two by a compulsory adjournment. The first action opened with the set speeches, accuser and subscriptores first and the defendant's counsel in reply, each side confined to hours measured by the statute; when the pleadings closed and the herald announced dixerunt, the witnesses were called and questioned, and the examination was followed by an altercatio. No vote was taken at the end of the first action. After the interval the same ground was covered again, both sides pleading a second time in the same order, and only then did the prosecutor send the jury to ballot.
In 70 Cicero kept the frame and emptied the first half of it. Instead of the continuous speech the court expected he spoke briefly and announced that he would call his witnesses at once and attach them to the charges one at a time. His reason was arithmetic. The court had assembled on 5 August; Pompey's votive games ran from 16 August to 1 September and the Roman games from 5 to 19 September; the defence meant to begin its reply only after both sets, so that the case would drift into the following year and M. Metellus' court. Cicero's counter was to reach the adjournment before the first games rather than after them. The first action was over in nine days, and Verres left Rome rather than face the second. The five speeches of the second action were composed and published rather than delivered.
Verdict, penalty, and the assessment of damages判决、刑罚与赔偿估定
sententia · litis aestimatio
Under the Gracchan statute the vote is set out step by step: each juror was handed openly a boxwood ballot four fingers long, inked with A on one face and C on the other, and ordered to cancel whichever letter he chose; a juror drawn by lot took the ballots out one at a time, showed each to the people, and declared aloud what it said. The president announced the outcome, pronouncing that the defendant fecisse uidetur where condemno had the largest number, an equality of votes counting as acquittal. On the bronze the rehearing turns on a threshold rather than on one man's doubt: only where more than a third of the jurors present declared they could not judge did the president pronounce amplius.
Because the point of the action was that the allies should get their money back, condemnation was only the first half of the business. The same men who had just voted turned from judges into assessors and held a litis aestimatio, the total being reported in writing to the quaestor; the condemned man gave sureties for an amount fixed by a majority of the jury, and if he did not, his goods were seized, proscribed and sold. Where the money recovered would not cover every claim, the president declared a pro rata distribution; what stayed unclaimed after five years went to the Roman people.
Two figures survive for what Verres was assessed at, and they are the same figure. Alexander's catalogue lists the case as number 177: condemnation after the first action, three million sesterces. Plutarch says Cicero assessed the suit at seventy-five myriads — 750,000 drachmae, which is three million sesterces at four sesterces to the drachma — and adds that this earned Cicero the charge of having lowered the assessment for money.
οὕτω δὲ τοῦ Βέρρου καταδικασθέντος, ἑβδομήκοντα πέντε μυριάδων τιμησάμενος τὴν δίκην ὁ Κικέρων διαβολὴν ἔσχεν ὡς ἐπʼ ἀργυρίῳ τὸ τίμημα καθυφειμένος.Verres having been thus condemned, Cicero assessed the suit at seventy-five myriads and incurred the reproach of having reduced the assessment for money.
Plutarch, Cicero 8.1 · network record plut81
The abuses, and the counter-procedures流弊与对治之法
calumnia · praevaricatio · tergiversatio
The guards against a faithless accuser stand at both ends of the process. Before the trial: the oath of good faith; the bar on men already condemned for false or collusive accusation; and the divinatio itself, whose declared object, in Greenidge's words, was to secure an able and earnest prosecutor and to avoid both weakness and collusion. After the trial: the rubric de praeuaricatione, which empowered the presiding praetor together with the surviving majority of the jury to find that a prosecution had been brought collusively; the clause making an acquittal so obtained no bar to a fresh charge; and a hearing de calumnia that could be put to the same jury after a crushing acquittal, as Asconius reports the praetor Cato doing after Scaurus was acquitted in 54. The penalty that can actually be documented is infamia: exclusion from local office, from the local senate, and from prosecuting again.
Two related abuses stand beside the named offences. The quadruplatores were the professional accusers who lived by denunciation and a share of the penalty. The other is the outright purchase of a jury, against which the weapons available in 70 were the separate charge of taking money for a verdict, the parties' right of challenge, and publicity. The Divinatio argues the whole of this doctrine without ever laying a charge under it.
neque sibi soli pecuniam quaerere, sed ita triennium illud praeturae Siciliensis distributum habere ut secum praeclare agi diceret si unius anni quaestum in rem suam converteret, alterum patronis et defensoribus traderet, tertium illum uberrimum quaestuosissimumque annum totum iudicibus reservaret.…that he was not seeking the money for himself alone, but had the three years of his Sicilian praetorship so allotted that he would call it doing very well for himself if he turned one year's takings to his own account, handed the second to his patrons and advocates, and kept that third and richest year entire for the jurors.
Cicero, In Verrem actio prima 40 · network record verr140
One trial as a lattice of obligations一场审判：人情关系的网格
The network page maps the same court from the other side: not the rules, but the persons, and the kind of evidence on which each connection between them rests.人事网络一页，是从另一面来看同一个法庭：所记非规则，而是人，以及人与人之间每一条关系所据的证据种类。
Of the 39 ties, 27 are cooperative and 12 adversarial, and the vocabulary of the cooperative ones is the vocabulary of private obligation rather than of law: patrocinium, sors, amicitia, hospitium, necessitudo, kinship, household, succession in office, electoral success. The two densest nodes are Verres, on 13 ties, and Cicero, on 12. The province holds 9 of the 28 actors and the defence 10, which is the map’s most compact statement of the problem the court was built to answer: a governor returning from three years of office arrives at Rome with more people bound to him than the communities he governed can bring against him.
The province行省
- The Sicilians西西里人
- Syracuse叙拉古
- Thermae特尔迈
- Centuripae肯图里帕
- Halaesa哈莱萨
- Sthenius of Thermae特尔迈的斯特尼乌斯
- Heraclius of Syracuse叙拉古的赫拉克利乌斯
- Dio of Halaesa哈莱萨的狄翁
- The cultivators耕作者
Against him控方
- Cicero西塞罗
- Q. Caecilius凯基利乌斯
- The Marcelli马尔凯路斯家族
- L. Appuleius阿普列乌斯
The bench法庭
- Glabrio格拉布里奥
- M. Caesonius凯索尼乌斯
- The album of jurors陪审团
With him辩方
- Verres维雷斯
- Hortensius霍尔滕西乌斯
- M. Metellus马尔库斯·梅特路斯
- Q. Metellus昆图斯·梅特路斯
- L. Metellus路奇乌斯·梅特路斯
- Curio库里奥
- Messana墨萨纳
- The tithe-farmers什一税包收人
- The tax company包税公司
- Potamo波塔蒙
Rome罗马
- Pompey庞培
- The elections选举
The ten obstacles the case had to pass本案所须越过的十道阻碍
- The extortion court勒索案法庭
- A senatorial panel judging a senator, at the moment when the composition of the juries was the live political question. Cicero opens by telling the court that only a conviction can save it.
- The statute, and what survives of it法条及其存者
- The extortion law defines who may sue, and the provincials are named in it. The text we have is on bronze, not in a book; Cicero quotes its phrases without quoting the law.
- The divinatio预审
- Before anything can be charged, the court must choose between two Romans who each claim the right to charge. The provincials are the subject of the hearing and not a party to it.
- The challenge of jurors剔除陪审员
- The one instrument the prosecutor holds against a bought verdict, and the point at which Cicero says the bargain collapsed.
- The grant of time and search查证之期与搜检之权
- The prosecutor must be given a period in which to collect evidence in the province, and powers to summon and to seize records. The same magistracy that grants it is the one the defence hopes to change.
- The calendar历日
- Games, festivals and the turn of the magistracies are all obstacles that can be used. Cicero counts the days aloud in court.
- The elections选举
- Two elections run through the case. One makes the defence counsel a consul; the other is where money is used against the prosecutor.
- Public praise from the province行省的公开褒辞
- A governor on trial produces embassies to praise him. Cicero's answer is arithmetic: one city out of the whole island, and its own envoy damaging it.
- The tithe and the companies什一税与包税公司
- The tax system puts a standing dispute between cultivators and tithe-farmers into the governor's hands, and puts the documentary record into the hands of the men who profit by it.
- Patronage of a province行省的保护关系
- The provincials' access to Rome runs through Roman families. The Marcelli hold Sicily by inheritance; Cicero's claim is a quaestorship five years old.
The case in ten steps本案十节
- 75 BC公元前 75 年
Cicero is quaestor in Sicily西塞罗任西西里财务官
The tie he will later stand on. He says he left the province so as to leave a lasting memory of it.
- 73-71 BC公元前 73 至 71 年
Verres governs Sicily维雷斯治西西里
Three years, which Cicero says were budgeted in advance: one for himself, one for his advocates, one for the jurors.
- 70 BC, before the case opens公元前 70 年，正案之前
The divinatio: who shall prosecute预审：由谁控告
Cicero against Q. Caecilius, Verres' own quaestor.
- 70 BC, fifty days on the island公元前 70 年，在岛上五十日
The inquiry in Sicily赴西西里查证
The company's ledgers at Syracuse are searched; the governor in place is the brother of a consul-elect.
- July 70 BC, on Pittia's reckoning据皮蒂亚所推，公元前 70 年 7 月
The jurors are challenged剔除陪审员
Cicero says the bargain over the verdict held until this point and not past it.
- 70 BC, for the year 69公元前 70 年，选次年之官
The consular elections执政官选举
Hortensius and Q. Metellus are returned; Curio congratulates Verres in the street on an acquittal not yet given.
- 70 BC, for the year 69公元前 70 年，任次年之职
Cicero is returned as aedile西塞罗当选市政官
He says money was used against him at his own election, and states the disparity plainly: a consul against an aedile.
- August 70 BC公元前 70 年 8 月
The games stand in the way赛会当前
Ten days, then Pompey's votive games for fifteen, then the Roman games: about forty days gone, and the case falls to next year's praetor.
- August 70 BC公元前 70 年 8 月
The first hearing初审
Cicero puts the witnesses on rather than the speech. Whether the defence answered at all is disputed.
- 70 BC公元前 70 年
Condemnation, and the assessment定罪与估赔
The sum is given as three million sesterces in the modern catalogue of trials and as seven hundred and fifty thousand by Plutarch.
The province in the record, and the province in the speech石刻中的行省与演说中的行省
The network page joins the speeches to I.Sicily, the epigraphic corpus of the island. The two columns turn out to be close to orthogonal, and the disagreement is the finding.人事网络一页把演说与 I.Sicily 西西里石刻集成相接。所得两栏几近互不相关，而这一不合本身即是结论。
| Community城邦 | Inscr.石刻 | Repub.共和期 | Republican inscriptions共和期石刻 | §§节数 | Mentions提及 | Mentions in the Verrines《控维勒斯》中提及 | First at首见 |
|---|---|---|---|---|---|---|---|
| Syracusae | 712 | 67 | 124 | 195 | 2.1.14 | ||
| Messana | 88 | 7 | 44 | 85 | 2.1.27 | ||
| Segesta | 478 | 466 | 20 | 57 | 2.2.156 | ||
| Centuripae | 75 | 13 | 28 | 48 | 2.2.66 | ||
| Leontini | 4 | 3 | 17 | 30 | 2.2.160 | ||
| Thermae Himeraeae | 238 | 5 | 19 | 26 | 2.2.83 | ||
| Agyrium | 1 | 0 | · | 17 | 25 | 2.2.25 | |
| Halaesa | 70 | 24 | 16 | 24 | 2.1.27 | ||
| Tyndaris | 59 | 6 | 17 | 23 | 2.2.156 | ||
| Lilybaeum | 91 | 23 | 15 | 22 | 2.2.63 | ||
| Enna | 7 | 3 | 15 | 19 | 2.2.156 | ||
| Agrigentum | 45 | 17 | 11 | 16 | 2.2.123 | ||
| Panhormus | 81 | 5 | 10 | 13 | 2.2.120 | ||
| Aetna | 2 | 0 | · | 8 | 12 | 2.3.47 | |
| Tauromenium | 84 | 29 | 6 | 9 | 2.2.160 | ||
| Catina | 424 | 7 | 7 | 7 | 2.2.120 | ||
| Haluntium | 27 | 8 | 6 | 7 | 2.3.103 | ||
| Drepanum | 20 | 0 | · | 2 | 6 | 2.2.140 | |
| Halicyae | 9 | 1 | 6 | 6 | 2.2.68 | ||
| Netum | 14 | 3 | 3 | 6 | 2.2.156 | ||
| Imachara | 1 | 1 | 3 | 4 | 2.3.47 | ||
| Lipara | 798 | 188 | 2 | 4 | 2.3.84 | ||
| Menae | 21 | 11 | 2 | 3 | 2.3.55 | ||
| Morgantina | 95 | 92 | 3 | 3 | 2.3.47 | ||
| Gela | 114 | 113 | 2 | 2 | 2.3.103 |
What the speeches map is a prosecution’s itinerary — the communities that sent embassies, the men who would give evidence, the places where a tithe dispute or a stripped shrine could be documented within fifty days. What the stones map is the pattern of survival, publication and civic epigraphic habit over eight centuries. That the two barely correlate is a caution against using either as a proxy for the other, and it is also a statement about how the court worked: standing before it ran through communities that could constitute an embassy and authorise it publicly, which is a different set from the communities that happened to inscribe.
What the speech says, and what it never says演说所言与所不言
The network page indexes twenty-two words across the Divinatio and the seven books, with section lists. The result is a lexical portrait of the stage the speech belongs to.人事网络一页就《预审篇》与七卷本编了二十二个词的索引，并列出章节。所成者，是这篇演说所属那一阶段的词汇写照。
The commonest content words in the Divinatio are the vocabulary of office and relationship rather than of procedure. The speech that decides who may prosecute is conducted almost entirely in the language of obligation between persons.
Terms the speech never uses演说中全无的术语
6 terms of art central to the procedure stand in the Divinatio nowhere at all, though most of the stems fire freely elsewhere in the seven books. The word divinatio is the sharpest case: it does not occur in the Verrine corpus at all, so the name of the hearing is one the speech itself never uses.
- divinatio — fires not once in the seven books, 4× in the 35 speeches.
- editio / edere iudices — fires 11× in the seven books (II.1 1 · II.2 5 · II.3 5) and 32× in the 35 speeches.
- reiectio iudicum — fires 31× in the seven books (Verr. I 5 · II.1 7 · II.2 6 · II.3 11 · II.4 1 · II.5 1) and 64× in the 35 speeches.
- comperendinatio — fires 7× in the seven books (Verr. I 1 · II.1 3 · II.4 3) and 8× in the 35 speeches.
- inscriptio — fires 6× in the seven books (II.2 5 · II.4 1) and 13× in the 35 speeches.
- litis aestimatio — fires 53× in the seven books (Verr. I 1 · II.1 6 · II.2 2 · II.3 36 · II.4 4 · II.5 4) and 64× in the 35 speeches.
One word runs the other way. The small panels of recovery-judges, which at Rome were a form of private procedure and which Greenidge takes as the ancestor of the standing court, are in the Verrines the instrument of a governor’s provincial justice: the same institution appears on both sides of the case.
Three books read against the dossier以三种今人著作校读文档
Three modern works held in this library were read page by page for their treatment of the extortion court. Two of them supply what the dossier lacks; all three disagree with it somewhere, and the disagreements are set out as they stand.本站藏有三种今人著作，就其论勒索案法庭之处逐页披阅。其中两种补文档之所缺；三种皆有与文档不合之处，此处照实列出。
Paul J. du Plessis (ed.), Cicero's Law: Rethinking Roman Law of the Late Republic
Edinburgh University Press, 2016
The densest of the three. Two chapters treat the standing courts directly, and the reading below is of those chapters plus two others that touch the extortion court in passing.三书之中所论最密。其中两章直接讨论常设法庭，以下所读即此两章，另及旁涉勒索案法庭的两章。
| p.页 | Chapter章 | What it establishes所立者 |
|---|---|---|
| 188 | Alexander, ch. 11 | Quintilian Inst. 3.10.1 quoted entire: extortion is the type-case of several charges of the same kind (plures aut eiusdem generis, ut in pecuniis repetundis), and quoniam praetor certa lege sortitur is the reason a court is confined to its allotted statute.全引昆体良《演说术原理》3.10.1：勒索案是同类数罪并诉的典型（plures aut eiusdem generis, ut in pecuniis repetundis）；而 quoniam praetor certa lege sortitur 一语，正是法庭受限于所抽得之法的缘由。 |
| 190 | Alexander, ch. 11, with nn. 9–10 | Double jeopardy in the Gracchan extortion law: the prosecutor was authorised to bring all offences against that statute committed up to the trial. Note 10 adds that charges were in practice limited to one province, because the prosecutor had time for an inquisitio in only one — and gives the interrogatio legibus formula against Verres, Aio te Siculos spoliasse, from Ps.-Asconius 207 Stangl.格拉古时期勒索法中的一事不再理：控告人得以将被告在受审前所犯该法之全部罪行一并提出。注十另谓，实际所控通常只限一个行省，因控告人只来得及在一处进行搜证；并录对维勒斯所用的依法讯问之辞 Aio te Siculos spoliasse，出伪阿斯科尼乌斯 207 Stangl。 |
| 200–201 | Alexander, ch. 11 | The core of the chapter for this page: unitary punishment follows from the unitary verdict fecisse videtur, and repetundae and peculatus are the only courts with a two-stage procedure, verdict then litis aestimatio. Then the consequence of double damages — conviction became almost automatically bankruptcy and exile, the noted exception being C. Porcius Cato in 113, convicted of extorting 4,000 HS, who paid double and walked away.就本页而言，此章之要在此：刑罚之单一，源于判词之单一（fecisse videtur）；而勒索与侵吞公款两庭，是仅有的分两段进行者，先判决而后估赔。继言倍赔之效：定罪几乎必致破产与流亡，所举例外为公元前 113 年的加图，其人被判勒索四千塞斯特斯，加倍赔付之后即得脱身。 |
| 210 | Steel, ch. 12, with n. 22 | The procedural gate stated exactly: a prosecutor had to convince the praetor to permit the charge, and in some cases demonstrate at a divinatio that he was more competent than a rival — and that was the only barrier. The note cites Div. Caec. 63 for prosecution of a governor by his own quaestor.程序之关，说得极为确切：控告人须说服裁判官准其提控，有时还须在预审中证明自己胜过对手，此外别无门槛。注中引《预审篇》63，谓财务官控告其长官事。 |
| 212–217 | Steel, ch. 12 | A run of repetundae prosecutions used as forensic débuts: Crassus against Carbo and Albucius against Scaevola in 119, Caesar Strabo against Albucius over Sardinia, Marcius Censorinus against Sulla (dropped), App. Claudius Pulcher against Terentius Varro in 74 with its notorious jury bribery and acquittal, Clodius against Catiline, Caelius against Antonius in 59.一连串以勒索案作为初次出庭之例：前 119 年克拉苏控卡尔波、阿尔布奇乌斯控斯凯沃拉；凯撒·斯特拉波以撒丁事控阿尔布奇乌斯；马奇乌斯·肯索里努斯控苏拉（未及审而罢）；前 74 年小克劳狄乌斯·普尔喀控特伦提乌斯·瓦罗，以买通陪审员著称，终得开释；克洛狄乌斯控喀提林；前 59 年凯利乌斯控安东尼乌斯。 |
| 220 | Steel, ch. 12 | The three admissible justifications for prosecuting: the interests of the res publica, revenge, or the obligations of patronage.提控之三种可言之由：为国家之利、为复仇、为保护关系所应尽之义。 |
| 223 | Steel, ch. 12 | The sharpest page in the volume for the Verres case. Verres fits the usual target profile — praetorian, planning a consular campaign, already under unfavourable scrutiny in the senate — but Cicero could not claim the shelter of early-career prosecution: he was a senator, an aedile-elect, and a man with a decade's practice. Steel concludes that the prosecution was unusual and risky, and perhaps a sign that his forensic career was not going as smoothly as he later made out.就维勒斯一案而言，此页最为锋利。维勒斯符合通常的目标之相：曾任裁判官、正谋执政官之职、其行已在元老院受过不利审视；而西塞罗却不能托庇于初出茅庐的控告：他已是元老、当选市政官，且执业十年。斯蒂尔因谓此番控告既属异常，又冒风险，或可见其法庭生涯并不如他后来所述那般顺遂。 |
| 151 | Roselaar, ch. 9 | The reward clause in practice: only two recorded grants of citizenship after a prosecution — L. Cossinius of Tibur, between 106 and 90, and T. Coponius, another Tiburtine. Either the route was very limited, or successful Italians took provocatio instead.奖赏条款之实效：因控告而得公民权者，见于记载的只有两人，皆提布尔人，即公元前 106 至 90 年间的科西尼乌斯与科波尼乌斯。或此路本极狭，或意大利人胜诉之后宁取上诉之权而不取公民权。 |
| 178–179 | Hilder, ch. 10, with n. 67 | The annual praetorian list of jurors, cited to the lex repetundarum ll. 15–26 in Crawford, with Frier on the different procedure for selecting recuperatores, and the senators-versus-equites question over the thirty years between C. Gracchus and the handbooks.陪审员名册由裁判官逐年编定，所引为克劳福德本勒索法第 15 至 26 行；另据弗里耶尔论选任审理人另有一套程序；并及自格拉古至两部教本之间三十年中，元老与骑士之争。 |
Kathryn Tempest, Cicero: Politics and Persuasion in Ancient Rome
Continuum, 2011
A narrative treatment. Chapter 3 follows the Verres case from the divinatio to the assessment, and one later page supplies a sequel the dossier does not carry.叙述之作。第三章自预审叙至估赔，另有后文一页补出文档所无的一段后事。
| p.页 | Chapter章 | What it establishes所立者 |
|---|---|---|
| 49 | ch. 3 | The rewards and penalties attaching to a prosecutor, and the divinatio described as a preliminary trial before a panel of jurors — dated here to the end of January 70.控告人所得之赏与所冒之罚；并述预审为陪审团前的先行审理，系于公元前 70 年正月之末。 |
| 51–53 | ch. 3 | The jury question from C. Gracchus to Sulla, the courts described as a political football passed between the orders, and Verres' three-year budget: the first year for himself, the second for his advocates, the third and richest for his judges.自格拉古至苏拉的陪审团之争；谓法庭如一只在两个等级之间来回传递的球；并录维勒斯三年之预算：首年自肥，次年付辩护人，第三年最丰，留与法官。 |
| 54–55 | ch. 3 | The delay plan set out plainly: start the trial in August rather than May, and the cluster of games and festivals will carry it into 69. Then the elections returning Hortensius and Q. Metellus, with M. Metellus president of the extortion court, and the street congratulation on an acquittal not yet given.拖延之计说得明白：使审判自八月而非五月开始，则赛会节庆麇集，自可拖入次年。继言选举之果：霍尔滕西乌斯与昆图斯·梅特路斯当选，马尔库斯·梅特路斯主持勒索案法庭；并有人于街市预贺其尚未到手的开释。 |
| 56 | ch. 3 | Exile, then the assessment: Plutarch's three million sesterces against the forty million claimed, with Tempest's judgement that the charge of a lowered assessment need not be taken seriously, and that the Sicilians were evidently satisfied with what they received.先言流亡，次言估赔：普鲁塔克所记三百万塞斯特斯，与控辞所称四千万相对。坦普斯特以为，谓其压低估赔之说不足深信，且西西里人对所得显然满意。 |
| 109 | ch. 6 | The sequel worth having: after the juries were divided in 70, the bribery law was never properly extended to the new equestrian jurors, so that only senators who took bribes could be prosecuted — an anomaly the senate moved to correct in 61.一段值得补入的后事：公元前 70 年陪审团分属三等之后，受贿之法未及扩及新入的骑士陪审员，故惟元老受贿可诉；此一漏洞，元老院至前 61 年方谋补正。 |
Christopher S. van den Berg, The Politics and Poetics of Cicero's Brutus: The Invention of Literary History
Cambridge University Press, 2021 · doi 10.1017/9781108856447
Thin on the court but precise where it touches it. The material sits in one section, which reads the history of the courts as a cause of change in oratory rather than the other way round.论及法庭之处不多，然所论精确。其材料集中于一节，将法庭之沿革视为演说变迁之因，而非其果。
| p.页 | Chapter章 | What it establishes所立者 |
|---|---|---|
| 185 | Oratorical Development and Roman History | The lex Calpurnia de repetundis of 149, cited to Brutus 106, founding the quaestiones perpetuae; the later struggles that added equites to the panels and raised the penalties; the secret ballot; and the lex Pompeia de vi et ambitu of 52, which allotted three hours to the defence and two to the prosecution and limited the number of advocates. Those are the only clean statutory hour-figures in the three books.公元前 149 年的卡尔普尔尼乌斯勒索法，所据为《布鲁图斯》106，创立常设法庭；其后诸番争斗，使骑士入于审判团，刑罚亦加重；又及秘密投票；并前 52 年的庞培暴力贿选法，定辩方三小时、控方两小时，且限辩护人之数。三书之中，惟此处给出干净的法定时刻之数。 |
| 186 | same section | Carbo, consul of 120, growing up under the new set of prosecutions in the wake of the quaestiones perpetuae established in 149 — the courts read as the condition for a new habit of daily practice and declamatory exercise.前 120 年的执政官卡尔波，成长于前 149 年常设法庭建立之后的新一轮控告风气之中；此处把法庭读作日课与拟辩练习之所以兴起的条件。 |
| 169–172 | on Crassus' speech for the lex Servilia | Not about the court but about a speech on one of its statutes: Crassus' speech on the Servilian law of 106, which Cicero defends as the model he himself learned from, against Atticus' charge that the praise is ironic.所论非法庭，而是关于其中一部法律的演说：克拉苏为公元前 106 年塞尔维利乌斯法所作之辞。西塞罗自陈以之为师，并驳阿提库斯谓其称许出于反语之说。 |
| 21, 38–39 | Ciceropaideia | The Verrines inside Cicero's own account of his career, including the observation that he defended Fonteius and Oppius on extortion charges the year after prosecuting Verres.《控维勒斯》诸篇在西塞罗自述生平中的位置；并及其控维勒斯之次年，即为方泰乌斯与奥庇乌斯辩护勒索之罪。 |
Three flagged divergences标出的三处不合
Points at which a book read for this page contradicts, or outruns, what the two dossiers can show. They are set out rather than resolved.为本页而读的三书，与两份文档所能证者相抵触或超出其外之处。此处照实列出，不作裁断。
Line 6 of the bronze: what the double damages attach to铜版第 6 行：倍赔所系者为何
- On these pages本站两页所载
- The dossier reads the simpli/dupli contrast as a non-retroactivity provision — simple worth for what was taken before the statute was passed, double for what was taken after — and its own panel says so explicitly, adding that this is not a standing rate at all.
- In the book书中所言
- Alexander (du Plessis 2016, p. 201) reads the same line differently: the Gracchan law introduced double damages for cases brought before 1 September of each year, and it is that doubling which made conviction almost automatically bankruptcy and exile.
- What would settle it何以决之
- The two readings assign the same words to different structures — one temporal in respect of the offence, one temporal in respect of the suit. Crawford's commentary on ll. 6–11 and on the September cut-off is where this has to be decided; the dossier already quotes both the Kalends clause and the valuation clause, so the material is on the page and the reconciliation is not.
Open — both readings stand未决：两说并存
The date of the lex Plautia iudiciaria普劳提乌斯审判法的年代
- On these pages本站两页所载
- The dossier's glossary note dates the lex Plautia iudiciaria to 89, describing it as having each tribe elect fifteen jurors for the year regardless of order.
- In the book书中所言
- Hilder (du Plessis 2016, p. 179) dates it to 87 and describes the result simply as mixed juries.
- What would settle it何以决之
- A one-year difference in a jury law between C. Gracchus and Sulla, in a period where the dossier's whole argument is that the composition of the album is the political question. Broughton's fasti and Rotondi are the controls; neither is quoted on either page.
Open — both readings stand未决：两说并存
What a successful prosecutor gained, and what a convicted calumniator suffered胜诉的控告人所得，与被判诬告者所受
- On these pages本站两页所载
- The dossier documents the Gracchan reward clause — Roman citizenship for a successful non-citizen prosecutor, with the vote in the condemned man's tribe, or provocatio and exemption for a man who declines it — and records infamia as the only penalty for collusive or false accusation that can be evidenced, from the praetor's edict and the Tabula Heracleensis.
- In the book书中所言
- Tempest (2011, p. 49) states that a prosecutor who won his case earned the right to take the defeated man's standing in the senate, and that a man found guilty of being a kalumniator had the letter k scorched onto his forehead.
- What would settle it何以决之
- Neither claim is carried by any record on either page. The senatorial-rank reward belongs to a different clause-tradition from the citizenship reward and needs its statute named; the branding is a real Roman practice but wants a Republican attestation before it stands beside a bronze clause. Both are set here as claims to check, not as findings.
Unsupported by any record on these pages本站两页无一记录可支持
What the evidence does not settle证据未能解决之处
The dossier records its disputed points and open questions stage by stage, and then turns two further passes on itself: a synthesis measured against three controls, and a chronology audit. A nine-seat expert panel audited every section through one lens each, and every finding faced two refuters.文档逐阶段记录争议之点与未决之问，随后又对自身作两遍复核：一遍以三种对照本衡量的综述，一遍编年与法律的稽核。九席专家各以一种视角审读每一节，每条意见再经两位反驳者复核。
The taxonomy of what went wrong is as informative as the individual findings: contradicted-by-source 13、contradiction-internal 12、omission 11、citation-error 10、wrong-period-or-statute 8、unsupported 8、overstated 7、single-witness-unflagged 3、terminology 1. Four recurring failure modes account for most of them, and each is a hazard specific to writing about a legal system whose governing text is lost.
Dropping the threshold from a statutory rule略去法条中的门槛
The dossier's own prose had a single juror's non liquet forcing a fresh hearing, while keeping the ten-thousand-sesterce fine that belongs to the same clause. The statute makes the rehearing turn on more than a third of the jurors present declaring they cannot judge, with the complementary two-thirds threshold preserved on the bronze at line 49. Three separate seats caught it independently.
Letting a Gracchan rule stand as a rule of 70以格拉古时期之规当作前 70 年之规
Four findings turn on a missing period marker: the Kalends of September cut-off, attested only on the bronze and gone by the lex Iulia; the citizenship reward, which on Lintott's account did not survive Sulla; the simple-and-double valuation; and the order of sureties and assessment, which on the bronze runs the other way round from the dossier's narrative.
Reading one witness as several以一证为数证
The dossier's open question claimed that four procedural facts rested on Pseudo-Asconius alone and that only one was flagged. The refuter established that he is touched at eight points, that two of the four alleged facts are not asserted by the dossier at all, and that three further points are flagged elsewhere. Only one statement is made on his sole authority without saying so.
Citation drift引证漂移
Verres was never prosecuted over the Iunian subsortitio — the text quoted for it makes that one of the grounds on which C. Iunius was condemned. Q. Servilius Caepio carried his judiciary law of 106 as consul, not as tribune. The 110 days for Sicily are not in the section cited for them. And the Livy passage on the precedent of 171 is misread twice: five recuperatores against each defendant rather than per group of complainants, and a rumour whose direction is reversed.
None of these findings has been applied to the dossier text. Both pages carry them as they stand, which is the more useful arrangement for a reader: the claim, the objection, and the source of the objection are all on the page at once.
The seams: what a ten-stage account leaves out接缝：十阶段之说所遗者
The dossier's own synthesis measures its order against Greenidge's sequence, Crawford's list of the statute's rubrics, and Alexander's catalogue of attested trials. It matches at every joint it tests. Three real problems remain.文档的综述一节，以格林尼奇的次序、克劳福德所列法条标题、亚历山大的讼案目录三者衡量自身，凡所查验之接榫皆合。仍有三处实在的问题。
A whole action with no stage of its own一整套诉讼而无自己的阶段
The largest gap is the recovery action quo ea pecunia peruenerit, brought against third parties who had received the money. It has its own defendants, its own application and acceptance before the praetor, its own evidential gate, the peculiarity of being decided inside another man's trial before the same jurors with no new evidence, a whole surviving Ciceronian speech, three trials in Alexander's catalogue, and a chapter of the statute in force in 70. Two of the dossier's cruxes belong to it rather than to the main trial: the tie of 51 BC, and the single attestation of redigam / non redigam.
Steps the sources treat as distinct and the sequence does not史料别为一事而次序未分者
The praetor's appointment of patroni and the claimant's right to repudiate one carry two rubrics of their own on the bronze, and appear only as an attribute of the standing stage. The inscriptio, the written and signed indictment that fixed the charge, has no section, although Greenidge makes its force precisely that from that point only the offence cognizable by that court could be considered.
Two clocks welded into one stage两种计时合于一个阶段
The jury stage joins two things that happen a year apart: the annual album, drawn up before the assize opens, and the case-specific allotment and challenge. For the Gracchan statute the same stage quotes, the case-specific choosing of jurors runs on a twenty-day clock from the laying of the name and occupies the very interval the dossier assigns to the evidence-gathering tour.
The laudatio褒辞
On the network page a community's formal decree in its governor's favour is a named institution with a place of its own. In the procedure dossier the word occurs once in five and a half thousand lines, inside quoted Latin, with no term, no gloss and no sentence of running prose — although three of the passages it prints turn on one. The evidence is present in both pages; only one of them has a name for it.
The register征引书目
Every work the pages draw on, with the number of records each carries.两页所据诸书，各注其所载记录条数。
| Work书 | Records记录 |
|---|---|
| M. H. Crawford (ed.), Roman Statutes I–II (1996)克劳福德编《罗马法律》一、二（1996） | 127 |
| Cicero, In C. Verrem西塞罗《控维勒斯》 | 107 |
| A. H. J. Greenidge, The Legal Procedure of Cicero's Time (1901)格林尼奇《西塞罗时代的诉讼程序》（1901） | 105 |
| Cicero, Divinatio in Q. Caecilium西塞罗《预审篇》 | 65 |
| A. W. Lintott, Collected Papers (2024)林托特《论文集》（2024） | 43 |
| Other Ciceronian speeches, letters and later witnesses西塞罗其他演说、书信与后世诸证 | 39 |
| M. C. Alexander, Trials in the Late Roman Republic (1990)亚历山大《共和末期讼案》（1990） | 37 |
| A. W. Lintott, Cicero as Evidence (2008)林托特《作为史料的西塞罗》（2008） | 33 |
| Cicero, Pro A. Cluentio西塞罗《为克鲁恩提乌斯辩》 | 18 |
| B. A. Marshall, A Historical Commentary on Asconius (1985)马歇尔《阿斯科尼乌斯史注》（1985） | 17 |
| H. B. Mattingly, on the Tabula Bembina (1969, 1970, 1975)马丁利论班比纳铜版（1969、1970、1975） | 16 |
| Quintilian, Institutio Oratoria昆体良《演说术原理》 | 12 |
| Aulus Gellius, Noctes Atticae革利乌斯《阿提卡之夜》 | 11 |
| Cicero, Ad Familiares (with Caelius)西塞罗《致亲友书》（含凯利乌斯） | 11 |
| Cicero, Pro C. Rabirio Postumo西塞罗《为拉比里乌斯·波斯图慕斯辩》 | 10 |
| Asconius, ed. Giarratano (1920)阿斯科尼乌斯，贾拉塔诺校本（1920） | 8 |
| P. J. du Plessis (ed.), Cicero's Law (2016)杜普莱西编《西塞罗之法》（2016） | 8 |
| J. R. W. Prag (ed.), Sicilia nutrix plebis Romanae (2007)普拉格编《西西里：罗马平民之乳母》（2007） | 8 |
| A. W. Lintott, The Constitution of the Roman Republic (1999)林托特《罗马共和国的政制》（1999） | 6 |
| Brill's New Pauly, 'Repetundarum crimen'《新保利百科》勒索罪条 | 6 |
| M. C. Alexander, 'Hortensius' Speech in Defense of Verres' (1976)亚历山大《霍尔滕西乌斯为维勒斯辩护之辞》（1976） | 6 |
| Livy, Ab urbe condita李维《建城以来史》 | 5 |
| A. H. J. Greenidge, Infamia (1894)格林尼奇《名誉之丧》（1894） | 4 |
Read page by page for this page为本页逐页披阅者
- Paul J. du Plessis (ed.), Cicero's Law: Rethinking Roman Law of the Late Republic — Edinburgh University Press, 2016
- Kathryn Tempest, Cicero: Politics and Persuasion in Ancient Rome — Continuum, 2011
- Christopher S. van den Berg, The Politics and Poetics of Cicero's Brutus: The Invention of Literary History — Cambridge University Press, 2021 · doi 10.1017/9781108856447