Kitap 6
11
In a very similar way Quintus Claudius too, in the first book of his Annals, called a prodigal and wasteful life of luxury nequitia, using these words: Fr. 15, Peter2. They persuade a young man from Lucania, who was born in a most exalted station, but had squandered great wealth in luxury and prodigality (nequitia). Marcus Varro in his work On the Latin Language says: x. 5. 81. Just as from non and volo we have nolo, so from ne and quicquam is formed nequam, with the loss of the medial syllable. Publius Africanus, speaking In his own Defence against Tiberius Asellus in the matter of a fine, thus addressed the people: O. R. F., p. 183, Meyer2. All the evils, shameful deeds, and crimes that men commit come from two things, malice and profligacy (nequitia). Against which charge do you defend yourself, that of malice or profligacy, or both together? If you wish to defend yourself against the charge of profligacy, well and good; if you have squandered more money on one harlot than you reported for the census as the value of all the equipment of your Sabine estate; if this is so, who pledges a thousand sesterces? The lexicons and commentators define the sponsio as a legal wager, in which the two parties to a suit put up a sum of money, which was forfeited by the one who lost his case; and they cite Gaius, Inst. iv. 93. But in iv. 94 Gaius says that only one party pledged a sum of money (unde etiam is, cum quo agetur, non restipulabatur), that it was merely a preliminary to legal action, and that the sum was not forfeited (non tamen haec summa sponsionis exigitur; nec enim poenalis sed praeiudicialis, et propter hoc solum fit, ut per earn de re iudicetur). Wagers, however, were common; see Plaut. Pers. 186 ff.; Cas. prol. 75; Catull. 44. 4; Ovid, Ars Amat. i. 168. If you have wasted more than a third of your patrimony and spent it on your vices; if that is so, who pledges a thousand sesterces? You do not care to defend yourself against the charge of profligacy; at least refute the charge of malice. If you have sworn falsely in set terms knowingly and deliberately; if this is so, who pledges a thousand sesterces?
