<GetPassage xmlns:tei="http://www.tei-c.org/ns/1.0" xmlns="http://chs.harvard.edu/xmlns/cts">
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                <requestUrn>urn:cts:latinLit:phi0474.phi004.perseus-eng2:1-20</requestUrn>
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            <reply>
                <urn>urn:cts:latinLit:phi0474.phi004.perseus-eng2:1-20</urn>
                <passage>
                    <TEI xmlns="http://www.tei-c.org/ns/1.0"><text xml:lang="lat"><body><div type="translation" xml:lang="eng" n="urn:cts:latinLit:phi0474.phi004.perseus-eng2"><div type="textpart" subtype="section" n="1" resp="perseus"><p>If any one of you, O judges, or of these who are present here, marvels perhaps at me,
            that I, who have for so many years been occupied in public causes and trials in such a
            manner that I have defended many men but have prosecuted no one could now on a sudden
            change my usual purpose, and descend to act as accuser;—he, if he becomes acquainted
            with the cause and reason of my present intention, will both approve of what I am doing,
            and will think, I am sure, that no one ought to be preferred to me as manager of this
            cause.</p></div><div type="textpart" subtype="section" n="2" resp="perseus"><p>As I had been quaestor in <placeName key="tgn,7003122">Sicily</placeName>, O judges,
            and had departed for that province so as to leave among all the Sicilians a pleasing and
            lasting recollection of my quaestorship and of my name, it happened, that while they
            thought their chief protection lay in many of their ancient patrons, they thought there
            was also some support for their fortunes secured in me, who, being now plundered and
            harassed, have all frequently come to me by the public authority, entreating me to
            undertake the cause and the defence of all their fortunes. They say that I repeatedly
            promised and repeatedly assured them, that, if any time should arrive when they wanted
            anything of me, I would not be wanting to their service.</p></div><div type="textpart" subtype="section" n="3" resp="perseus"><p>They said that the time had come for me to defend not only the advantages they enjoyed,
            but even the life and safety of the whole province, that they had now not even any gods
            in their cities to whom they could flee, because Caius Verres had carried off their most
            sacred images from the very holiest temples. That whatever luxury could accomplish in
            the way of vice, cruelty in the way of punishment, avarice in the way of plunder, or
            arrogance in the way of insult, had all been borne by them for the last three years,
            while this one man was praetor. That they begged and entreated that I would not reject
            them as suppliants, who, while I was in safety, ought to be suppliants to no one.</p></div><milestone n="2" unit="chapter"/><milestone unit="Para"/><div type="textpart" subtype="section" n="4" resp="perseus"><p>I was vexed and distressed, O judges, at being brought into such a strait, as to be
            forced either to let those men's hopes deceive them who had entreated succour and
            assistance of me, or else, when I had from my very earliest youth devoted myself
            entirely to defending men, to be now, under the compulsion of the occasion and of my
            duty, transferred to the part of an accuser. I told them that they had an advocate in
            Quintus Caecilius, who had been quaestor in the same province after I was quaestor
            there. But the very thing which I thought would have been an assistance to me in getting
            rid of this difficulty, was above all things a hindrance to me; for they would have much
            more easily excused me if they had not known him, or if he had never been among them as
            quaestor.</p></div><div type="textpart" subtype="section" n="5" resp="perseus"><p>I was induced, O judges, by the considerations of duty, good faith, and pity; by the
            example of many good men; by the ancient customs and habits of our ancestors, to think
            that I ought to take upon myself this burden of labour and duty, not for any purpose of
            my own, but in the time of need to my friends. In which business, however, this fact
            consoles me, O judges, that this pleading of mine which seems to be an accusation is not
            to be considered an accusation, but rather a defence. For I am defending many men, many
            cities, the whole province of <placeName key="tgn,7003122">Sicily</placeName>. So that,
            if one person is to be accused by me, I still almost appear to remain firm in my
            original purpose, and not entirely to have given up defending and assisting men.</p></div><div type="textpart" subtype="section" n="6" resp="perseus"><p>But if I had this cause so deserving, so illustrious, and so important; if either the
            Sicilians had not demanded this of me, or I had not had such an intimate connection with
            the Sicilians; and if I were to profess that what I am doing I am doing for the sake of
            the republic, in order that a man endowed with unprecedented covetousness, audacity, and
            wickedness,—whose thefts and crimes we have known to be most enormous and most infamous,
            not in <placeName key="tgn,7003122">Sicily</placeName> alone, but in <placeName key="tgn,7002733">Achaia</placeName>, in <placeName key="tgn,1000004">Asia</placeName>, in <placeName key="tgn,7002470">Cilicia</placeName>, in <placeName key="tgn,7002611">Pamphylia</placeName>, and even at <placeName key="perseus,Rome">Rome</placeName>, before the eyes of all men,—should be brought to trial by my
            instrumentality, still, who would there be who could find fault with my act or my
            intention?</p></div><milestone n="3" unit="chapter"/><milestone unit="Para"/><div type="textpart" subtype="section" n="7" resp="perseus"><p>What is there, in the name of gods and men! by which I can at the present moment confer
            a greater benefit on the republic? What is there which either ought to be more pleasing
            to the Roman people, or which can be more desirable in the eves of the allies and of
            foreign nations, or more adapted to secure the safety and fortunes of all men? The
            provinces depopulated, harassed, and utterly overturned; the allies and tributaries of
            the Roman people afflicted and miserable, are seeking now not for any hope of safety,
            but for comfort in their destruction.</p></div><div type="textpart" subtype="section" n="8" resp="perseus"><p>They who wish the administration of justice still to remain in the hands of the
            senatorial body, complain that they cannot procure proper accusers; those who are able
            to act as accusers, complain of the want of impartiality in the decisions. In the
            meantime the Roman people, although it suffers under many disadvantages and
            difficulties, yet desires nothing in the republic so much as the restoration of the
            ancient authority and importance to the courts of law. It is from a regret at the state
            of our courts of law that the restoration of the power of the tribunes <note anchored="true">Sulla in his reform of the constitution on the early aristocratic
              principles, left to the tribunes only the <foreign xml:lang="lat">jus
                auxiliandi</foreign>, but deprived them of the right of making legislative or other
              proposals either to the senate or to the comitia without having previously obtained
              the sanction of the Senate. But this arrangement did not last, for Pompeius restored
              them to their former rights. Smith, Dict. Ant. p. 990, v. <foreign xml:lang="lat">Tribunis</foreign>.</note> is so eagerly demanded again. It is in consequence of
            the uncertainty of the courts of law, that another class <note anchored="true">Caius
              Gracchus had procured a law to be passed, that the Roman knights should be the judges;
              and they acted as such for forty years. After his victory over Marius, Sulla made a
              law that the judges should be selected from the senate. This arrangement had lasted
              ten years with the effect mentioned here by Cicero; and Aurelius Cotta was at this
              time proposing a law that the judges should be taken from the senators, knights, and
                <foreign xml:lang="lat">tribuni aerarii</foreign>, jointly.</note> is demanded to
            determine law-suits; owing to the crimes and infamy of the judges, even the office of
            censor, which formerly was used to be accounted too severe by the people, is now again
            demanded, and has become popular and praiseworthy.</p></div><div type="textpart" subtype="section" n="9" resp="perseus"><p>In a time of such licentiousness on the part of the wicked, of daily complaint on the
            part of the Roman people, of dishonour in the courts of law, of unpopularity of the
            whole senate, as I thought that this was the only remedy for these numerous evils, for
            men who were both capable and upright to undertake the cause of the republic and the
            laws, I confess that I, for the sake of promoting the universal safety, devoted myself
            to upholding that part of the republic which was in the greatest danger.</p></div><div type="textpart" subtype="section" n="10" resp="perseus"><p>Now that I have shown the motives by which I was influenced to undertake the cause, I
            must necessarily speak of our contention, that, in appointing an accuser, you may have
            some certain line of conduct to follow. I understand the matter thus, O judges:—when any
            man is accused of extortion, if there be a contest between any parties as to who may
            best be entrusted with the prosecution, these two points ought to be regarded most
            especially; first, whom they, to whom the injury is said to have been done, wish most to
            be their counsel; and secondly, whom he, who is accused of having done those injuries,
            would least wish to be so.</p></div><milestone n="4" unit="chapter"/><milestone unit="Para"/><div type="textpart" subtype="section" n="11" resp="perseus"><p> In this cause, O judges, although I think both these points plain, yet I will dilate
            upon each, and first on that which ought to have the greatest influence with you, that
            is to say, on the inclination of those to whom the injuries have been done; of those for
            whose sake this trial for extortion has been instituted. Caius Verres is said for three
            years to have depopulated the province of <placeName key="tgn,7003122">Sicily</placeName>, to have desolated the cities of the Sicilians, to have made the
            houses empty, to have plundered the temples. The whole nation of the Sicilians is
            present, and complains of this. They fly for protection to my good faith, which they
            have proved and long known; they entreat assistance for themselves from you and from the
            laws of the Roman people through my instrumentality; they desire me to be their defender
            in these their calamities; they desire me to be the avenger of their injuries, the
            advocate of their rights, and the pleader of their whole cause.</p></div><div type="textpart" subtype="section" n="12" resp="perseus"><p>Will you, O Quintus Caecilius, say this, that I have not approached the cause at the
            request of the Sicilians? or that the desire of those most excellent and most faithful
            allies ought not to be of great influence with these judges? If you dare to say that
            which Caius Verres, whose enemy you are pretending to be, wishes especially to be
            believed,—that the Sicilians did not make this request to me,—you will in the first
            place be supporting the cause of your enemy, against whom it is considered that no vague
            presumption, but that an actual decision has been come to, in the fact that has become
            notorious, that all the Sicilians have begged for me as their advocate against his
            injuries.</p></div><div type="textpart" subtype="section" n="13" resp="perseus"><p>If you, his enemy, deny that this is the case, which he himself to whom the fact is
            most injurious does not dare to deny, take care lest you seem to carry on your enmity in
            too friendly a manner. In the second place, there are witnesses, the most illustrious
            men of our state, all of whom it is not necessary that I should name, those who are
            present I will appeal to; while, if I were speaking falsely, they are the men whom I
            should least wish to be witnesses of my impudence. He, who is one of the assessors on
            this bid, Caius Marcellus, knows it; he, whom I see here present, Cnaeus Lentulus
            Marcellinus, knows it; on whose good faith and protection the Sicilians principally
            depend, because the whole of that province is inalienably connected with the name of the
            Marcelli.</p></div><div type="textpart" subtype="section" n="14" resp="perseus"><p>These men know that this request was not only made to me, but that it was made so
            frequently and with such earnestness, that I had no alternative except either to
            undertake the cause, or to repudiate the duty of friendship. But why do I cite these men
            as witnesses, as if the matter were doubtful or unknown? Most noble men are present here
            from the whole province, who being present, beg and entreat you, O judges, not to let
            your judgment differ from their judgment in selecting an advocate for their cause.
            Deputations from every city in the whole of <placeName key="tgn,7003122">Sicily</placeName>, except two, <note anchored="true">Cicero means <placeName key="perseus,Syracuse">Syracuse</placeName> and <placeName key="tgn,7003897">Messana</placeName>, which did not join in the outcry against Verres, because
              Verres had resided at <placeName key="perseus,Syracuse">Syracuse</placeName>, and had
              enriched that city with some of the plunder which he had taken from other cities; and
              he had treated <placeName key="tgn,7003897">Messana</placeName> in the same way, which
              place he had made the repository of his plunder till he could export it to <placeName key="tgn,1000080">Italy</placeName>.</note> are present; and if deputations from
            those two were present also, two of the very most serious of the crimes would be
            lessened in which these cities are implicated with Caius Verres.</p></div><div type="textpart" subtype="section" n="15" resp="perseus"><p>But why have they entreated this protection from me above all men? If it were doubtful
            whether they had entreated it from me or not, I could tell why they had entreated it;
            but now, when it is so evident that you can see it with your eyes, I know not why it
            should be any injury to me to have it imputed to me that I was selected above all
            men.</p></div><div type="textpart" subtype="section" n="16" resp="perseus"><p>But I do not arrogate any such thing to myself, and I not only do not say it, but I do
            not wish even to leave any one to believe that I have been preferred to every possible
            advocate. That is not the fact but a consideration of the opportunities of each
            individual and of his health, and of his aptitude for conducting this cause, has been
            taken into account. My desire and sentiments on this matter have always been these, that
            I would rather that any one of those who are fit for it should undertake it than I; but
            I had rather that I should undertake it myself than that no one should.</p></div><milestone n="5" unit="chapter"/><milestone unit="Para"/><div type="textpart" subtype="section" n="17" resp="perseus"><p>The next thing is, since it is evident that the Sicilians have demanded this of me, for
            us to inquire whether it is right that this fact should have any influence on you and on
            your judgments; whether the allies of the Roman people, your suppliants, ought to have
            any weight with you in a matter of extortion committed on themselves. And why need I say
            much on such a point as this? as if there were any doubt that the whole law about
            extortion was established for the sake of the allies.</p></div><div type="textpart" subtype="section" n="18" resp="perseus"><p>For when citizens have been robbed of their money, it is usually sought to be recovered
            by civil action and by a private suit. This is a law affecting the allies,—this is a
            right of foreign nations. They have this fortress somewhat less strongly fortified now
            than it was formerly, but still if there be any hope left which can console the minds of
            the allies, it is all placed in this law. And strict guardians of this law have long
            since been required, not only by the Roman people, but by the most distant nations.</p></div><div type="textpart" subtype="section" n="19" resp="perseus"><p>Who then is there who can deny that it is right that the trial should be conducted
            according to the wish of those men for whose sake the law has been established? All
              <placeName key="tgn,7003122">Sicily</placeName>, if it could speak with one voice,
            would say this:—“All the gold, all the silver, all the ornaments which were in my
            cities, in my private houses, or in my temples,—all the rights which I had in any single
            thing by the kindness of the senate and Roman people,—all that you, O Caius Verres, have
            taken away and robbed me of, on which account I demand of you a hundred million of
              <foreign xml:lang="lat">sesterces</foreign> according to the law.” If the whole
            province, as I have said, could speak, it would say this, and as it could not speak, it
            has of its own accord chosen an advocate to urge these points, whom it has thought
            suitable.</p></div><div type="textpart" subtype="section" n="20" resp="perseus"><p>In a matter of this sort, will any one be found so impudent as to dare to approach or
            to aspire to the conduct of the cause of others against the will of those very people
            whose affairs are involved in it? <milestone n="6" unit="chapter"/><milestone unit="Para"/>
 If, O Quintus
            Caecilius, the Sicilians were to say this to you,—we do not know you—we know not who you
            are, we never saw you before; allow us to defend our fortunes through the
            instrumentality of that man whose good faith is known to us; would they not be saying
            what would appear reasonable to every one? But now they say this—that they know both the
            men, that they wish one of them to be the defender of their cause, that they are wholly
            unwilling that the other should be.</p></div></div></body></text></TEI>
                </passage>
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            </GetPassage>