拉丁語(yǔ)翻譯筆記 與凱奇利烏斯競(jìng)當(dāng)起訴人(1)
背景、符號(hào)標(biāo)記等見(jiàn)序言

1.1 [1] si quis vestrum, iudices, aut eorum qui adsunt, forte miratur me, qui tot annos in causis iudiciisque publicis ita sim versatus ut defenderim multos, laeserim neminem, subito nunc mutata voluntate ad accusandum descendere, is, si mei consili causam rationemque cognoverit, una et id quod facio probabit, et in hac causa profecto neminem praeponendum mihi esse actorem putabit.
洛:It may be, gentlemen, that some of you, or some of the audience, are surprised that I have departed from the line of action which I have pursued for all these years with regard to criminal proceedings that having defended many accused persons, and attacked nobody, I have now suddenly changed my policy, and entered the arena as a prosecutor. But anyone whom this surprises has only to understand the motives that govern my action, and he will not only recognize that I am doing right, but will certainly take the view that no one can be held better fitted than myself to conduct the case before us.
試:If anyone of you, judges, or anyone of those that are present, strongly wonders that I, who have thus engaged in public causes and trials for so many years so that I have defended many people, offended nobody, now suddenly with the will changed, do down to the accusing, anyone, if he knows the motive and the reason of the decision, he will both approve of what I am doing, and think that in this case actually nobody should be preferred to me as advocate.
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1.2 [2] Cum quaestor in Sicilia fuissem, iudices, itaque ex ea provincia decessissem ut Siculis omnibus iucundam diuturnamque memoriam quaesturae nominisque mei relinquerem, factum est uti cum summum in veteribus patronis multis, tum non nullum etiam in me praesidium suis fortunis constitutum esse arbitrarentur. quare nunc populati atque vexati cuncti ad me publice saepe venerunt, ut suarum fortunarum omnium causam defensionemque susciperem. me saepe esse pollicitum, saepe ostendisse dicebant, si quod tempus accidisset, quo tempore aliquid a me requirerent, commodis eorum me non defuturum.
洛:Gentlemen, I served in Sicily as quaestor, and so discharged my duties there as to leave behind me, in the minds of all Sicilians, lasting and agreeable memories of my year of office and of myself. The result was that, while they regarded a number of their ancient champions as the main bulwark of their fortunes, they felt they had gained something of the sort in myself as well. Thus it is that now, plundered and despoiled, they have all, repeatedly and officially, approached me, to get me to undertake the cause of defending their common fortunes. They have been telling me that I made many professions and promises not to fail to forward their interests, if the time should ever come when they needed me.
試:Since I was quaestor in Sicily, judges, and then I retired from that province as I left the agreeable and lasting memory of my quaestorship and name to all Sicilians, the fact is that, they inferred that the highest protection for their own fortunes is set up not only in many of the old protectors, but also in me. Wherefore now all pillaged and maltreated people have often come to me publicly, in order that I take the cause and the defence of all their fortunes. They said I have often promised, often shown, if any time had come, at which they needed something from me, I would have not failed their interests.
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1.3 [3] venisse tempus aiebant non iam ut commoda sua, sed ut vitam salutemque totius provinciae defenderem; sese iam ne deos quidem in suis urbibus ad quos confugerent habere, quod eorum simulacra sanctissima C. Verres ex delubris religiosissimis sustulisset; quas res luxuries in flagitiis, crudelitas in suppliciis, avaritia in rapinis, superbia in contumeliis efficere potuisset, eas omnis sese hoc uno praetore per triennium pertulisse; rogare et orare ne illos supplices aspernarer quos me incolumi nemini supplices esse oporteret.
洛:They have declared that now the time has come for me, not merely to forward their interests, but to stand up for the life and existence of the whole province: that now they have not even the gods left in their cities to fly to for protection, since Verres has carried off the holy images of the gods from their most sacred shrines. During the three years in which this man has been their praetor, they have endured, they say, every outrage and torture, every spoliation and disgrace, that vice, cruelty, greed, and insolence could inflict. And they pray and beseech me not to spurn the appeal for help of men who, so long as I am alive, should have no need to appeal for help to anyone.
試:They said the time had come for me, now not to defend their own interests, but the life and safety of the whole province; now they didn’t have any gods in their own cities to that they fled for help, because C. Verres had taken away their most sacred images from the most sacred temples; the extravagance in shames, cruelty in punishments, avarice in pillages, insolence in insults had been able to make those things, that all they themselves had endured during three years with this single praetor; they asked and prayed that I didn’t refuse those in supplication, who should be in supplication to nobody when I alive.
思考:
1. 第3句末me incolumi是奪格。
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段落大意 (1):
西塞羅向法官們陳述,多年來(lái)他一直擔(dān)任辯護(hù)人的角色,而如今轉(zhuǎn)為起訴人,是為了對(duì)西西里人民的利益負(fù)責(zé)——他們是他過(guò)去擔(dān)任行省財(cái)務(wù)官時(shí)所熟識(shí)的,如今卻被行省裁判官維勒斯荼毒。
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2.1 [4] tuli graviter et acerbe, iudices, in eum me locum adduci ut aut eos homines spes falleret qui opem a me atque auxilium petissent, aut ego, qui me ad defendendos homines ab ineunte adulescentia dedissem, tempore atque officio coactus ad accusandum traducerer. dicebam habere eos actorem Q. Caecilium, qui praesertim quaestor in eadem provincia post me quaestorem fuisset. quo ego adiumento sperabam hanc a me posse molestiam demoveri, id mihi erat adversarium maxime; nam illi multo mihi hoc facilius remisissent si istum non nossent, aut si iste apud eos quaestor non fuisset.
洛:I found myself thrust into a painfully uncomfortable position, gentlemen. Either I must disappoint these people who had come to me for help and succour, or circumstances were forcing upon me the duty of turning prosecutor, after having given myself from my earliest youth to the task of defending the prosecuted. I told them that they could get Caecilius to manage their case, and that he had the advantage of having served as quaestor in the province. That fact, which I had been hoping would help me out of an annoying situation, really told against me more than anything else: the Sicilians would have been far readier to let me off if they had known nothing of Caecilius, or if he had not served as quaestor among them.
試:I severely and bitterly said, judges, that I am persuaded to that place, so that either the hope failed those people who strive for work and help from me, or I, who had given myself to defending people from my young age going on, forced by time and duty, transferred to accusing. I told them to make Q. Caecilius be advocate, who particularly was the quaestor in the same province after my quaestorship. This help, by which I expected this trouble could be moved away from me, was most greatly opposed to me, for they would have much more easily send this back to me, if they hadn’t wished him, or if he hadn’t been the quaestor among them.
思考:
1. 句末multo修飾facilius
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2.2 [5] adductus sum, iudices, officio, fide, misericordia, multorum bonorum exemplo, vetere consuetudine institutoque maiorum, ut onus huius laboris atque offici non ex meo, sed ex meorum necessariorum tempore mihi suscipiendum putarem. quo in negotio tamen illa me res, iudices, consolatur, quod haec quae videtur esse accusatio mea non potius accusatio quam defensio est existimanda. defendo enim multos mortalis, multas civitates, provinciam Siciliam totam; quam ob rem, quia mihi unus est accusandus, prope modum manere in instituto meo videor et non omnino a defendendis hominibus sublevandisque discedere.
洛:Duty, honour, feelings of pity, the noble example of many others, and the established traditional practice of our ancestors——all these, gentlemen, forced me to the same conclusion. Not in my own interests, but in those of my friends, I was bound to shoulder this heavy and toilsome task. At the same time, this business brings me one consolation. In form, it is an act of prosecution: but it may fairly be regarded as equally an act of defence. I am, in fact, defending a number of individuals, and a number of communities; I am defending the entire province of Sicily and therefore, in prosecuting only one single man, I feel that I am almost remaining true to my established custom——that I am not wholly abandoning my mission as rescuer and helper.
試:I have be led, judges, by duty, faith, sympathy, example of many good men, old custom and principle of ancestors, so that I think the burden of this labour and duty should be undertaken by me, not according to my circumstance, but according to my friends’. However in that business that thing is considered by me, judges, that the thing which seems to be my accusation should be estimated as an accusation not rather than a defence. In fact, I defend many people, many cities, and the whole Sicily province; and because of that thing, because only one man should be accused by me, I seems to keep near the manner in my custom and absolutely not to leave away from defending and supporting people.
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2.3 [6] quodsi hanc causam tam idoneam, tam inlustrem, tam gravem non haberem, – si aut hoc a me Siculi non petissent aut mihi cum Siculis causa tantae necessitudinis non intercederet, et hoc quod facio me rei publicae causa facere profiterer, ut homo singulari cupiditate, audacia, scelere praeditus, cuius furta atque flagitia non in Sicilia solum, sed in Achaia, Asia, Cilicia, Pamphylia, Romae denique ante oculos omnium maxima turpissimaque nossemus, me agente in iudicium vocaretur,--quis tandem esset qui meum factum aut consilium posset reprehendere?
洛:But suppose it otherwise. Suppose the reasons for my action less suitable, less creditable, and less cogent than in fact they are. Suppose that the Sicilians had not made this request to me, or that I were not affected by the strong tie of friendship that binds me to them. Suppose that I were to say that what I am doing I do for the sake of my country. Here is a human monster of unparalleled greed, impudence, and wickedness. We know the vast scale of his vile robberies and outrages——not merely in Sicily, but in Achaia and Asia and Cilicia and Pamphylia, and even in Rome before the eyes of us all. If I bring this man to judgement, who can find fault with me for doing this, or with my purpose in doing it ?
試:Because if I didn’t make this cause so proper, so clear, so severe, or if Sicilians hadn’t asked this from me or the cause of such necessity with Sicilians didn’t interfere with me, and I declared that I do this thing which I am doing by the cause of the commonwealth, so that the man who has been endowed with absolute desire, boldness and evil, whose we had known robberies and shames were not only in Sicily, but in Achaia, Asia, Cilicia, Pamphylia, and finally in Rome the ugliest deeds were before all people’s eyes, could be summoned to the court when I am persecuting, who at last would there be, who could blame my deed and intention ?
思考:
1. quod facio...profiterer中causa是奪格。
2. 這句的邏輯是:“哪怕我沒(méi)有把此案講得很清楚,和西西里人形同陌路,只說(shuō)是以國(guó)家的名義讓維勒斯這個(gè)罪大惡極的人受審也是正當(dāng)?shù)?。?/p>
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段落大意 (2):
西塞羅表示,擔(dān)任起訴人雖然與自己的習(xí)慣相悖,但仍有三條理由可以證明自己行為的正當(dāng)性。其一,自己推薦的起訴人凱奇利烏斯未必能讓西西里人滿意;其二,擔(dān)任本案的起訴人,實(shí)際上不是攻擊被告,而是為西西里人的利益而辯護(hù);其三,就維勒斯的惡行而言,哪怕僅僅是以國(guó)家的名義起訴他也是正當(dāng)?shù)摹?/p>
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[III]
3.1 [7] quid est, pro deum hominumque fidem, in quo ego rei publicae plus hoc tempore prodesse possim? quid est quod aut populo Romano gratius esse debeat, aut sociis exterisque nationibus optatius esse possit, aut saluti fortunisque omnium magis accommodatum sit? populatae, vexatae, funditus eversae provinciae, socii stipendiariique populi Romani adflicti, miseri, iam non salutis spem sed solacium exiti quaerunt.
洛:Tell me, in the name of all that is just and holy, what better service I can do my country at this present time. Nothing should be more acceptable to the people of this country. Nothing can be more eagerly desired by our allies and by foreign nations. Nothing is likely to contribute more to the general safety and prosperity of us all. Our provinces have been ravaged and plundered and utterly ruined; the allies and dependents of the Roman nation have been brought down to the lowest pitch of wretchedness they no longer entertain any hope of deliverance, and are only looking for some comfort in the midst of calamity.
試:What is the time, in the name of the faith and humans’?God, when I do much better for the commonwealth than at this time ? What is the thing, which should be more agreeable to Roman people, or can be more desired to allies and foreign tribes, or is fitter to all people’s safety and fortune ? The provinces pillaged, maltreated, overthrown from the foundations, distressed, miserable allies and tributaries of Rome people, now don’t seek the hope of safety, but the solace of destruction.
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3.2 [8] qui iudicia manere apud ordinem senatorium volunt, queruntur accusatores se idoneos non habere: qui accusare possunt, iudiciorum severitatem desiderant. populus Romanus interea, tametsi multis incommodis difficultatibusque adfectus est, tamen nihil aeque in re publica atque illam veterem iudiciorum vim gravitatemque requirit. iudiciorum desiderio tribunicia potestas efflagitata est, iudiciorum levitate ordo quoque alius ad res iudicandas postulatur, iudicum culpa atque dedecore etiam censorium nomen, quod asperius antea populo videri solebat, id nunc poscitur, id iam populare et plausibile factum est.
洛:Those who are anxious to see our courts of law still reserved for the senatorial order are complaining that they cannot get the right men to act as prosecutors. Those who might act as prosecutors look in vain to see strict justice done in our courts of law. The people of this country meanwhile have been visited with many hardships and many disabilities yet in all the national life there is nothing whose loss they feel so much as the energy and sense of responsibility that our law-courts showed in times gone by. It is because they feel the lack of such courts that the agitation arose for restoring the tribunes’?powers. It is the untrustworthiness of our courts that has excited the further demand for another class of citizens to serve on them. It is through the disgraceful conduct of our judges that the censorship, which in former times was seldom popular, is now being clamoured for, and has already come to be held an excellent and democratic institution.
試:Men who wish keep trials in the hands of senators, complain that they don’t have proper accusers: men who are able to accuse, had longed for the strictness of trials. Meanwhile Roman people, though are affected by many disadvantages and difficulties, still ask for nothing in the state equally as that old force and dignity of the trials. By the courts’?want tribune power has been demanded urgently, also by the fickleness of the courts, the other class is demanded to judge things, by the blame and shame of judges, even the title of censors, which was accustomed that it was seen severer by people, is now needed, and has already been made democratic and deserving applause.
思考:
1. 第二句中quoque理解為副詞句意可能更通順。
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3.3 [9] in hac libidine hominum nocentissimorum, in populi Romani cotidiana querimonia, iudiciorum infamia, totius ordinis offensione, cum hoc unum his tot incommodis remedium esse arbitrarer, ut homines idonei atque integri causam rei publicae legumque susciperent, fateor me salutis omnium causa ad eam partem accessisse (rei publicae sublevandae) quae maxime laboraret.
洛:When criminals of the worst sort can now do what they like; when day by day we hear expressions of popular discontent when the law-courts are disgraced, and the whole senatorial order detested for all this evil state of things, there is, I have been feeling, only one possible remedy-capable and honest men must take up the cause of their country and their country's laws. And therefore I will admit that it is the safety of the whole country that has brought me forward to help her where she most needs help.
試:In this desire of the most noxious people, in the daily complaint of Roman people, in the disgrace of judges, in the offence received by the whole class, when I came to a conclusion that only this is the remedy for such troubles, that suitable and unbiased people undertook the cause of commonwealth and laws, I admit that for the sake of the safety of all people, I was added to that part, to support the state, which was the most solicitous.
思考:
1. ut...susciperent一句應(yīng)是前句的同位語(yǔ)。
2. accessisse可接ad+acc.或接dat.,但不宜把rei publicae sublevandae理解為ad eam partem的同位語(yǔ),而是修飾之前的partem。
3. 整個(gè)句子似乎存在時(shí)態(tài)序列方面的問(wèn)題:主句是fateor me...,從句是cum hoc...arbitarer;前者是現(xiàn)在時(shí),后者是未完成時(shí)。筆者認(rèn)為不應(yīng)把主句理解為歷史現(xiàn)在時(shí),而是類似視角變換的現(xiàn)象(作者想說(shuō)的實(shí)際上是他在過(guò)去承擔(dān)了......),如A&G 485.h。
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3.4 [10] nunc quoniam quibus rebus adductus ad causam accesserim demonstravi, dicendum necessario est de contentione nostra, ut in constituendo accusatore quid sequi possitis habeatis. ego sic intellego, iudices: cum de pecuniis repetundis nomen cuiuspiam deferatur, si certamen inter aliquos sit cui potissimum delatio detur, haec duo in primis spectari oportere, quem maxime velint <actorem esse> ii (quibus factae esse dicantur iniuriae), et quem minime velit is qui eas iniurias fecisse arguatur.
洛:Having now explained the motives that led me to come for ward in this case, I am bound to deal with the contest between Caecilius and myself, so as to give you something to go upon in your choice of prosecutor. The way in which I understand the matter, gentlemen, is this. When anyone is to be prosecuted for extortion, there are two main considerations to be borne in mind, if there is any competition for the right to prosecute. Whom do the sufferers by the alleged injustice most desire to have conducting their case for them. And whom does the alleged doer of the injustice desire least ?
試:Now because I have explained I, persuaded by those things, was added to the cause, it should necessarily said about my dispute, in order that you think in establishing accuser what you can follow. I thus understand, judges: when someone’s name is indicted with the offence of extortion, if there was a contest among some people, that to whom the accusation is especially granted, these two should be observed at first, whom they to whom unjust things are said to have been done most wish to be advocate, and whom he who is accused to have made those unjust things least wish to be so.
思考:
1. de contentione nostra實(shí)際上指的是西與凱的競(jìng)爭(zhēng),筆者翻譯時(shí)只把它理解為西對(duì)法庭亂象的質(zhì)疑,不妥。
2. cui potissimum delatio detur不可理解為the accusation is especially given to,這樣就成了“受指控之人”,與原意不符。
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段落大意 (3):
羅馬人民正飽受苦難,而他們追求的法庭的公正嚴(yán)明如今卻是空談,因此需要有正義之士挺身而出。西塞羅自認(rèn)能夠勝任,他建議法官考慮兩點(diǎn),一是受害人最希望的人選,二是被告人最不希望的人選。
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4.1 [11] in hac causa, iudices, tametsi utrumque esse arbitror perspicuum, tamen de utroque dicam, et de eo prius quod apud vos plurimum debet valere, hoc est de voluntate eorum quibus iniuriae factae sunt; quorum causa iudicium de pecuniis repetundis est constitutum. Siciliam provinciam C. Verres per triennium depopulatus esse, Siculorum civitates vastasse, domos exinanisse, fana spoliasse dicitur. 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.
洛:In the case before us, gentlemen, the answer to each of these questions seems to me obvious. However, I will deal with each of them: and I will deal first with that one which you are bound to regard as the more important of the two, I mean the wishes of those to whom the injustice has been done, those, in fact, for whose benefit this Extortion Court has been appointed. The charge against Gaius Verres is that during period of three years he has laid waste the province of Sicily that he has plundered Sicilian communities, stripped bare Sicilian homes, and pillaged Sicilian temples. Here before you, here with their tale of wrong, stand the whole Sicilian people. I am the man to whose honour, having proved it in the past and not found it wanting, they now fly for refuge. Through me are they seeking help from you and from the law of Rome. It is I,I and no other, whom they have chosen to protect them in their calamities and avenge their wrongs, to champion their rights and manage their case throughout.
試:In this case, though I think each of the two are clearer, I shall still say about each, and first about the one which, being very important, should be powerful to you, this is about the will of them to whom unjust deeds have been made; by their cause the court about the offence of extortion has been established. C. Verres is said to have devastated the Sicily province in three years, to have ravaged Sicilians’?states, pillaged homes, robbed temples. All Sicilians are present, they lament; they have recourse to my faith, which they think is proved now and known; they seek help for themselves through me form you and from the laws of Roman people. They have wished me to be the guardian of their loss, the avenger of unjust deeds, the defender of their justice, the advocate of the whole cause.
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4.2 [12] Vtrum, Q. Caecili, hoc dices, me non Siculorum rogatu ad causam accedere, an optimorum fidelissimorumque sociorum voluntatem apud hos gravem esse non oportere? si id audebis dicere, quod C. Verres, cui te inimicum esse simulas, maxime existimari vult, Siculos hoc a me non petisse, primum causam inimici tui sublevabis, de quo non praeiudicium, sed plane iudicium iam factum putatur, quod ita percrebruit, Siculos omnis actorem suae causae contra illius iniurias quaesisse.
洛:Will you assert, Caecilius, that it is not at the request of the Sicilians that I come forward in this case ? Or that this court need pay no serious attention to the wishes of these good and loyal allies of ours ? If you dare to assert that the Sicilians have not asked me to come forward——a thing which your pretended enemy Verres would particularly like us to believe——then the first thing I have to say is that you will be backing up your enemy’s case. It is just this widely-known fact, that all the Sicilians have been looking for someone to maintain their cause against his outrages, which makes people feel that not only a preliminary but a definite and final verdict has already been given against him.
試:On the other hand, Q. Caecilius, you say this, that I am added to the cause not by the request of Sicilians, or the will of the best and most faithful allies should not be heavy in the presence of these men ? If you dare to say the thing, which C. Verres, to whom you pretend that you are hostile, wishes to be greatly estimated, that Sicilians didn’t seek this from me, you will support your enemy’s cause in the beginning, about whom not prejudgement, but a clearly-made judgement now is considered, because it has been thus spread abroad, that all Sicilians sought for an advocate of their cause against his unjust deeds.
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4.3 [13] hoc si tu, inimicus eius, factum negabis, quod ipse, cui maxime haec res obstat, negare non audet, videto ne nimium familiariter inimicitias exercere videare. deinde sunt testes viri clarissimi nostrae civitatis, quos omnis a me nominari non est necesse: eos qui adsunt appellabo, quos, si mentirer, testis esse impudentiae meae minime vellem. scit is qui est in consilio, C. Marcellus, scit is quem adesse video, Cn. Lentulus Marcellinus; quorum fide atque praesidio Siculi maxime nituntur, quod omnino Marcellorum nomini tota illa provincia adiuncta est.
洛:Now, heavily as this fact tells against him, he dares not deny it: and if you, his enemy, do deny it,I am afraid people will think you treat your enemies in rather too friendly a fashion. In the next place, the truth of the fact is confirmed by some of the leading men in the country.I need not name them all:I will appeal to those who are present in court, since if I were lying I should not like to have them exposing my impudence. The fact is known to C. Marcellus, who is here as a member of the court, and to Cn. Lentulus Marcellinus, who see is also present. These are men in whose honour the Sicilians particularly trust for protection, since Sicily as a whole is closely connected in all respects with their family.
試:If you, his enemy, deny this fact, which the man whom this thing greatly obstructs dares not to deny, take care so that you don’t exercise the enmity too much friendly. Then, there are witnesses, the most distinguished men of our state, all of whom it is not necessary to be named by me: I will address them who are present, whom, if I lied, I would by no means wish to be witnesses of my shamelessness. He who is the deliberation, C. Marcellus, knows; he whom I see present, Cn. Lentulus Marcellinus, knows; Sicilians greatly rely upon the those men’s faith and defence, because that whole province has been entirely attached to Marcelli’s name.
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4.4 [14] hi sciunt hoc non modo a me petitum esse, sed ita saepe et ita vehementer esse petitum ut aut causa mihi suscipienda fuerit aut officium necessitudinis repudiandum. sed quid ego his testibus utor, quasi res dubia aut obscura sit? adsunt homines ex tota provincia nobilissimi, qui praesentes vos orant atque obsecrant, iudices, ut in actore causae suae deligendo vestrum iudicium ab suo iudicio ne discrepet. omnium civitatum totius Siciliae legationes adsunt praeter duas civitates; quarum duarum si adessent, duo crimina vel maxima minuerentur quae cum his civitatibus C. Verri communicata sunt.
洛:They are aware that this request has not only been made to me, but made so often, and so earnestly, that I had either to take up the case or to disown the obligations of friendship. Yet after all, I need not appeal to their testimony as though the fact itself could be challenged or misunderstood. Men of high rank, who have come here from every part of the province, stand before you, gentlemen, to beg and pray that when you choose the man to manage their case for them, there may be no variance between your judgement and their own. Deputations are present from every community in Sicily except two: and had they come from these two also, it would but mitigate the force of two extremely serious charges against Verres, relating to matters in which he has made these two communities his accomplices.
試:This men know that this was not only sought from me, but was sought so often and so strongly, that either I should undertake the cause or refuse the duty of friendship. But why I use these witnesses, as if the thing was doubtful or obscure ? The noblest men come here from the whole province, who, being present, say and appeal to you, judges, so that in choosing advocate of their own cause, your court is not different from their own. Deputations of all states of whole Sicily are present, except two states; if they two were present, two greatest crimes would be lessened, which are shared with these states of C. Verres.
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4.5 [15] at enim cur a me potissimum hoc praesidium petiverunt? si esset dubium petissent necne, dicerem cur petissent: nunc vero, cum id ita perspicuum sit ut oculis iudicare possitis, nescio cur hoc mihi detrimento esse debeat, si id mihi obiciatur, me potissimum esse delectum.
洛:It may be asked why they have petitioned me, of all people, for this protection. Well, if there were any doubt whatever about the fact,I should be ready to tell you the reason for the fact. But the fact, as your own eyes can tell you, being perfectly obvious,I cannot see how the charge of having been specially chosen can properly be held to tell against my claim.
試:But in fact, why did they seek this most important defence from me ? If there were the doubt that they sought, I would have said why they sought: now in fact, since it is so clear that you can judge by eyes, I don’t know why this should be of damage to me, if this is set against me, that I was especially chosen.
思考:
1. detrimento似為屬有與格?
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4.6 [16] verum id mihi non sumo, iudices, et hoc non modo in oratione mea non pono, sed ne in opinione quidem cuiusquam relinquo, me omnibus patronis esse praepositum. non ita est; sed unius cuiusque temporis, valetudinis, facultatis ad agendum ducta ratio est. mea fuit semper haec in hac re voluntas et sententia, quemvis ut hoc mallem de iis qui essent idonei suscipere quam me, me ut mallem quam neminem.
洛:However,I do not venture to pretend that they have thought me a better man than any of their other supporters; I will not say so in this speech, and I will not even allow anyone to think so, for it is not true. But with each of these others they have had to consider whether it would suit him, whether his health would allow him, and whether he was really able, to act for them. What I have all along felt and wished about the case is just this I would rather that any suitable person undertook the case instead of me, but I would prefer myself to nobody at all.
試:I don’t assume it true to me, judges, and I not only don’t put this in my oration, but not even leave this in anyone’s opinion, that I was set before all protectors. It is not so; but every single man’s affair of condition, health and ability was led to action. My will and opinion has always been this in this thing, that I prefer anyone to myself from those who are suitable to undertake, and I prefer myself to nobody.
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段落大意 (4):
在本案中,受害的西西里人民希望的人選是確定的,那就是西塞羅;至于凱奇利烏斯,如果他要否認(rèn)前者,那他實(shí)際上是在幫助維勒斯。此外西塞羅提名了在場(chǎng)的賢達(dá)之士,表示他們可以證明自己的觀點(diǎn),那就是自己并非自告奮勇,而是受西西里人民所托。
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5.1 [17] reliquum est iam ut illud quaeramus, cum hoc constet, Siculos a me petisse, ecquid hanc rem apud vos animosque vestros valere oporteat, ecquid auctoritatis apud vos in suo iure repetundo socii populi Romani, supplices vestri, habere debeant. de quo quid ego plura commemorem? quasi vero dubium sit quin tota lex de pecuniis repetundis sociorum causa constituta sit;
洛:There is, then, no doubt that the Sicilians have appealed to me, and we have only to ask how far this fact should influence you, and how far you are bound to consider the views of these allies of Rome, who come to you humbly seeking redress for their wrongs. About this I need surely say very little. There is of course no question that the whole Extortion Law was framed for the benefit of our allies.
試:Now it has been left for us to ask, since it is established that Sicilians sought this from me, whether this thing is strong among you and your friends, whether the allies of Roman people, being in supplication to you, should have weight with you when claiming back their own justice. What more shall I recall about this ? As if there truly were doubt that the whole law about the offence of extortion was established by the cause of allies.
思考:
1. auctoritaits的屬格用法不明,應(yīng)該是做賓語(yǔ)。
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5.2 [18] nam civibus cum sunt ereptae pecuniae, civili fere actione et privato iure repetuntur. haec lex socialis est, hoc ius nationum exterarum est, hanc habent arcem, minus aliquanto nunc quidem munitam quam antea, verum tamen si qua reliqua spes est quae sociorum animos consolari possit, ea tota in hac lege posita est; cuius legis non modo a populo Romano, sed etiam ab ultimis nationibus iam pridem severi custodes requiruntur.
洛:For when our own citizens are robbed of their money, they can usually bring civil actions to recover it, in accordance with the civil law. This law is for our allies. This is the foreigners' charter of rights. This is their strong tower; somewhat less strong now, certainly, than it once was but still, if our allies have any hope left with which to comfort their sad hearts, it must all rest on this law alone. Not the people of Rome only, but the most distant nations of the earth, look to find men who shall maintain this law in all its strictness and they have long been looking in vain.
試:For when money has been taken away from citizens, it is usually claimed back by civil actions and private right. This law is of the allies; this right is of the foreign races; they think this protection is indeed considerably less protected now than before, however if in the protection left there is still hope which can comfort minds of our allies, that whole hope is placed in this law; strict guardians of this law are being required for long and now, not only by Roman people, but also by the farthest tribes.
思考:
1. qua relinqua不宜理解為spes的定語(yǔ)從句,因?yàn)閝ua是奪格,存在句意不通的問(wèn)題。
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5.3 [19] quis ergo est qui neget oportere eorum arbitratu lege agi quorum causa lex sit constituta? Sicilia tota si una voce loqueretur, hoc diceret: 'quod auri, quod argenti, quod ornamentorum in meis urbibus, sedibus, delubris fuit, quod in una quaque re beneficio senatus populique Romani iuris habui, id mihi tu, C. Verres, eripuisti atque abstulisti; quo nomine abs te sestertium miliens ex lege repeto.' si universa, ut dixi, provincia loqui posset, hac voce uteretur: quoniam id non poterat, harum rerum actorem quem idoneum esse arbitrata est ipsa delegit.
洛:Then can anyone deny that those for whose benefit the law was made should be able to choose the method of procedure under it ? Could all Sicily speak with a single voice, this is what she would say: "All the gold, all the silver, all the beautiful things that once were in my cities, houses, and temples: all the various privileges of which, by the favour of the Roman’s senate and people,I was once possessed: all these things you, Verres, have plundered and stolen from me and on this account I sue you in accordance with the law for the sum of one million pounds." These, as I say, are the words all Sicily would utter, if she could speak with a single voice: and as she cannot, she has chosen the man whom she herself thinks the right man to conduct her case for her.
試:Therefore who is the man who denies that the trial should be conducted by the law, the decision of those people, by whose cause the law was established ? If the whole Sicily said in one voice, it would say this: “That of the gold, the silver, and the ornaments were in my cities, homes, and shrines, and of the right I had in every single thing by the favour of the senate and Roman people, you, C. Verres, has robbed and plundered it from me; in that name I ask 100 000 000 sesterces back from you according to the law.”?If the whole province, as I said, could speak, it would use this voice: because it couldn’t do this, it has chosen an advocate of these things whom it has decided to be the witness.
思考:
1. 首句中l(wèi)ege應(yīng)是arbitratu的同位語(yǔ)。
2. 對(duì)于quod auri...一句,許多譯者將quod...id結(jié)構(gòu)處理為了all that,但筆者并未在詞典和語(yǔ)法書(shū)中找到此種類似固定搭配的現(xiàn)象,故直譯。
3. mihi是分離與格。
4. 末句的主語(yǔ)是陰性(應(yīng)是前句中的provincia),而不是中性的id,盡管在譯文中區(qū)別不大。
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5.4 [20] in eius modi re quisquam tam impudens reperietur qui ad alienam causam, invitis iis quorum negotium est, accedere aut adspirare audeat?
洛:When such is the issue, what incredible impudence, that a man should dare to undertake or hope to undertake the cause of other people, when those others, those whose interests are concerned, will not have him!
試:In the matter of that way, will such shameless man be found, that dares to approach or aspire to the cause of others, against the will of those who have trouble ?
段落大意 (5):
在本案中,西西里人民嘗試依靠反敲詐法來(lái)追回他們的損失,這是無(wú)比正當(dāng)?shù)?,因?yàn)橄嚓P(guān)法律正是為他們?cè)O(shè)計(jì)的。因此,無(wú)人能質(zhì)疑他們的訴求,更不能違逆他們的意志來(lái)插手此案。