<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-eng2:17-24</requestUrn>
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            <reply>
                <urn>urn:cts:latinLit:phi0474.phi004.perseus-eng2:17-24</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="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 type="textpart" subtype="section" n="21" resp="perseus"><p>Even if they were silent they would say plainly enough why they are unwilling. But they
            are not silent; and yet will you offer yourself, when they are most unwilling to accept
            you! Will you still persist in speaking in the cause of others? Will you still defend
            those men who would rather be deserted by every one than defended by you? Will you still
            promise your assistance to those men who do neither believe that you wish to give it for
            their sake, nor that, if you did wish it, you could do it? Why do you endeavour to take
            away from them by force the little hope for the remainder of their fortunes which they
            still retain, built upon the impartiality of the law and of this tribunal? Why do you
            interpose yourself expressly against the will of those whom the law directs to be
            especially consulted? Why do you now openly attempt to ruin the whole fortunes of those
            of whom you did not deserve very well when in the province? Why do you take away from
            them, not only the power of prosecuting their rights, but even of bewailing their
            calamities?</p></div><div type="textpart" subtype="section" n="22" resp="perseus"><p>If you are their counsel, whom do you expect to come forward of those men who are now
            striving, not to punish some one else by your means, but to avenge themselves on you
            yourself, through the instrumentality of some one or other? <milestone n="7" unit="chapter"/><milestone unit="Para"/>
 But this is a well established fact, that the Sicilians especially
            desire to have me for their counsel; the other point, no doubt, is less clear,—namely,
            by whom Verres would least like to be prosecuted! Did any one ever strive so openly for
            any honour, or so earnestly for his own safety, as that man and his friends have striven
            to prevent this prosecution from being entrusted to me? There are many qualities which
            Verres believes to be in me, and which he knows, O Quintus Caecilius, do not exist in
            you: and what qualities each of us have I will mention presently;</p></div><div type="textpart" subtype="section" n="23" resp="perseus"><p>at this moment I will only say this, which you must silently agree to, that there is no
            quality in me which he can despise, and none in you which he can fear. Therefore, that
            great defender <note anchored="true">Cicero alludes to Hortensius, indeed, the name of
              Hortensius appears in the text in some editions.</note> and friend of his votes for
            you and opposes me; he openly solicits the judges to have you preferred to me; and he
            says that he does this honestly, without any envy of me, and without any dislike to me.
            “For,” says he, “I am now asking for that which I usually obtain when I strive for it
            earnestly. I am not asking to have the defendant acquitted; but I am asking this, that
            he may be accused by the one man rather than by the other. Grant me this; grant that
            which is easy to grant, and honourable, and by no means invidious; and when you have
            granted that, you will, without any risk to yourself, and without any discredit, have
            granted that he shall be acquitted in whose cause I am labouring.”</p></div><div type="textpart" subtype="section" n="24" resp="perseus"><p>He says also, in order that some alarm may be mingled with the exertion of his
            influence, that there are certain men on the bench to whom he wishes their tablets to be
            shown, and that that is very easy, for that they do not give their votes separately, but
            that all vote together; and that a tablet, <note anchored="true">“The judges were
              provided with three <foreign xml:lang="lat">tabellae</foreign>, one of which was
              marked with A, i.e. <foreign xml:lang="lat">absolvo</foreign>, I acquit; the second
              with C, i.e. <foreign xml:lang="lat">condemno</foreign>, condemn; and the third with N
              L, i.e. <foreign xml:lang="lat">non liquet</foreign>. It is not clear to me, why
              Cicero (<bibl n="Cic. Mil. 6">pro Mil. 6</bibl>) calls the first <foreign xml:lang="lat">litera salutaris</foreign>, and the second <foreign xml:lang="lat">litera tristis</foreign>. It would seem that in some trials the tabellae were
              marked with the lettera L, <foreign xml:lang="lat">libero</foreign>, and D, <foreign xml:lang="lat">damno</foreign>, respectively.” Smith's Dict. Ant. v. <foreign xml:lang="lat">Tabella</foreign>. In trials like this between Cicero and Caecilius
              it is probable that the two tabellae had the names of the different candidates
              inscribed on them. The circumstance alluded to in the text was that a short time
              before this Terentius Varro had been accused of extortion and defended by Hortensius,
              who bribed the judges, and then in order to be sure that they voted as they had
              promised, caused tablets to be given to them smeared with coloured wax, so that he
              could easily recognize their votes in the balloting urn.</note> covered with the
            proper wax, and not with that illegal wax which has given so much scandal, is given to
            every one. And he does not give himself all this trouble so much for the sake of Verres,
            as because he disapproves of the whole affair. For he sees that, if the power of
            prosecuting is taken away from the high-born boys whom he has hitherto played with, and
            from the public informers, whom he has always despised and thought insignificant (not
            without good reason), and to be transferred to fearless men of well-proved constancy, he
            will no longer be able to domineer over the courts of law as he pleases.</p></div></div></body></text></TEI>
                </passage>
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