<GetPassage xmlns:tei="http://www.tei-c.org/ns/1.0" xmlns="http://chs.harvard.edu/xmlns/cts">
            <request>
                <requestName>GetPassage</requestName>
                <requestUrn>urn:cts:latinLit:phi0474.phi004.perseus-eng2:21-40</requestUrn>
            </request>
            <reply>
                <urn>urn:cts:latinLit:phi0474.phi004.perseus-eng2:21-40</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="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><milestone n="8" unit="chapter"/><milestone unit="Para"/><div type="textpart" subtype="section" n="25" resp="perseus"><p>I now beforehand give this man notice, that if you determine that this cause shall be
            conducted by me, his whole plan of defence must be altered, and must be altered in such
            a manner as to be carried on in a more honest and honourable way than he likes; that he
            must imitate those most illustrious men whom he himself has seen, Lucius Crassus and
            Marcus Antonius; who thought that they had no right to bring anything to the trials and
            causes in which their friends were concerned, except good faith and ability. He shall
            have no room for thinking, if I conduct the case, that the tribunal can be corrupted
            without great danger to many.</p></div><div type="textpart" subtype="section" n="26" resp="perseus"><p>In this trial I think that the cause of the Sicilian nation,—that the cause of the
            whole Roman people, is undertaken by me; so that I have not to crush one worthless man
            alone, which is what the Sicilians have requested, but to extinguish and extirpate every
            sort of iniquity, which is what the Roman people has been long demanding. And how far I
            labour in this cause, or what I may be able to effect, I would rather leave to the
            expectations of others, than set forth in my own oration.</p></div><div type="textpart" subtype="section" n="27" resp="perseus"><p>But as for you, O Caecilius, what can you do? On what occasion, or in what affair, have
            you, I will not say given proof to others of your powers! but even made trial of
            yourself to yourself? Has it never occurred to you how important a business it is to
            uphold a public cause? to lay bare the whole life of another? and to bring it palpably
            before, not only the minds of the judges, but before the very eyes and sight of all men;
            to defend the safety of the allies, the interests of the provinces, the authority of the
            laws, and the dignity of the judgment-seat? <milestone n="9" unit="chapter"/><milestone unit="Para"/>
 Judge by
            me, since this is the first opportunity of learning it that you have ever had, how many
            qualities must meet in that man who is the accuser of another: and if you recognise any
            one of these in yourself, I will, of my own accord, yield up to you that which you are
            desirous of. First of all, he must have a singular integrity and innocence. For there is
            nothing which is less tolerable than for him to demand an account of his life from
            another who cannot give an account of his own. Here I will not say any more of yourself.
          </p></div><div type="textpart" subtype="section" n="28" resp="perseus"><p>This one thing, I think, all may observe, that up to this time you had no opportunity
            of becoming known to any people except to the Sicilians; and that the Sicilians say
            this, that even though they are exasperated against the same man, whose enemy you say
            that you are, still, if you are the advocate, they will not appear on the trial. Why
            they refuse to, you will not hear from me. Allow these judges to suspect what it is
            inevitable that they must. The Sicilians, indeed, being a race of men over-acute, and
            too much inclined to suspiciousness, suspect that you do not wish to bring documents
            from <placeName key="tgn,7003122">Sicily</placeName> against Verres; but, as both his
            praetorship and your quaestorship are recorded in the same documents, they suspect that
            you wish to remove <note anchored="true">The Latin is <foreign xml:lang="lat">deportare</foreign> and <foreign xml:lang="lat">asportare</foreign>, the former
              meaning to remove from one place to another, the latter to carry away; “but it seems
              by implication here, to carry them away with the intention of suppressing
              them.”—Long.</note> them out of <placeName key="tgn,7003122">Sicily</placeName>.</p></div><div type="textpart" subtype="section" n="29" resp="perseus"><p>In the second place, an accuser must be trustworthy and veracious. Even if I were to
            think that you were desirous of being so, I easily see that you are not able to be so.
            Nor do I speak of these things, which, if I were to mention, you would not be able to
            invalidate, namely that you, before you departed from <placeName key="tgn,7003122">Sicily</placeName>, had become reconciled to Verres; that Potamo, your secretary and
            intimate friend, was retained by Verres in the province when you left it; that Marcus
            Caecilius, your brother, a most exemplary and accomplished young man, is not only not
            present here and does not stand by you while prosecuting your alleged injuries, but that
            he is with Verres, and is living on terms of the closest friendship and intimacy with
            him. These, and other things belonging to you, are many signs of a false accuser; but
            these I do not now avail myself of. I say this, that you, if you were to wish it ever so
            much, still cannot be a faithful accuser.</p></div><div type="textpart" subtype="section" n="30" resp="perseus"><p>For I see that there are many charges in which you are so implicated with Verres, that
            in accusing him, you would not dare to touch upon them. 
            <milestone n="10" unit="chapter"/><milestone unit="Para"/>
            All Sicily complains that Caius Verres, when he had ordered corn to be brought into
            his granary for him, and when a bushel of wheat was two <foreign xml:lang="lat">sesterces</foreign>, demanded of the farmers twelve <foreign xml:lang="lat">sesterces</foreign> a bushel for wheat. <note anchored="true">The praetor had the
              power to make an annual demand on the farmers for corn for be state, and the quaestor
              was to pay a fair market price for it; but in some cases the praetor allowed or
              compelled the farmer to pay a composition in money, instead of delivering corn, and
              Verres when the market price of wheat was only two <foreign xml:lang="lat">sesterces</foreign> a bushel compelled the farmers to pay twelve <foreign xml:lang="lat">sesterces</foreign> a bushel by way of composition</note> It was a
            great crime, an immense sum, an impudent theft, an intolerable injustice. I must
            inevitably convict him of this charge; what will you do, O Caecilius?</p></div><div type="textpart" subtype="section" n="31" resp="perseus"><p>Will you pass over this serious accusation, or will you bring it forward? If you bring
            it forward, will you charge that as a crime against another, which you did yourself at
            the same time in the same province? Will you dare so to accuse another, that you cannot
            avoid at the same time condemning yourself? If you omit the charge, what sort of a
            prosecution will yours be, which from fear of danger to yourself, is afraid not only to
            create a suspicion of a most certain and enormous crime, but even to make the least
            mention of it? Corn was bought, on the authority of a decree of the senate, of the
            Sicilians while Verres was praetor; </p></div><div type="textpart" subtype="section" n="32" resp="perseus"><p>for which corn all the money was not paid. This is a grave charge against Verres; a
            grave one if I plead the cause, but, if you are the prosecutor, no charge at all. For
            you were the quaestor, you had the handling of the public money; and, even if the
            praetor desired it ever so much, yet it was to a great extent in your power to prevent
            anything being taken from it. Of this crime, therefore, if you are the prosecutor, no
            mention will be made. And so during the whole trial nothing will be said of his most
            enormous and most notorious thefts and injuries. Believe me, O Caecilius, he who is
            connected with the criminal in a partnership of iniquity, cannot really defend his
            associates while accusing him.</p></div><div type="textpart" subtype="section" n="33" resp="perseus"><p>The contractors exacted money from the cities instead of corn. Well! was this never
            done except in the praetorship of Verres? I do not say that, but it was done while
            Caecilius was quaestor. What then will you do? Will you urge against this man as a
            charge, what you both could and ought to have prevented from being done? or will you
            leave out the whole of it? Verres, then, at his trial will absolutely never hear at all
            of those things, which, when he was doing them, he did not know how he should be able to
            defend. <milestone n="11" unit="chapter"/><milestone unit="Para"/>
 And I am mentioning those matters which lie
            on the surface. There are other acts of plunder more secret, which he, in order, I
            suppose, to check the courage and delay the attack of Caecilius, has very kindly
            participated in with his quaestor. </p></div><div type="textpart" subtype="section" n="34" resp="perseus"><p>You know that information of these matters has been given to me; and if I were to
            choose to mention them, all men would easily perceive that there was not only a perfect
            harmony of will subsisting between you both, but that you did not pursue even your
            plunder separately. So that if you demand to be allowed to give information of the
            crimes which Verres has committed in conjunction with you, I have no objection, if it is
            allowed by the law. But if we are speaking of conducting the prosecution, that you must
            yield ta those who are hindered by no crimes of their own from being able to prove the
            offences of another.</p></div><div type="textpart" subtype="section" n="35" resp="perseus"><p>And see how much difference there will be between my accusation and yours. I intend to
            charge Verres with all the crimes that you committed, though he had no share in them,
            because he did not prevent you from committing them, though he had the supreme power;
            you, on the other hand, will not allege against him even the crimes which he committed
            himself, lest you should be found to be in any particular connected with him. What shall
            I say of these other points, O Caecilius? Do these things appear contemptible to you,
            without which no cause, especially no cause of such importance, can by any means be
            supported? Have you any talent for pleading? any practice in speaking? Have you paid any
            attention or acquired any acquaintance with the forum, the courts, and the laws?</p></div><div type="textpart" subtype="section" n="36" resp="perseus"><p>I know in what a rocky and difficult path I am now treading; for as all arrogance is
            odious, so a conceit of one's abilities and eloquence is by far the most disagreeable of
            all. On which account I say nothing of my own abilities; for I have none worth speaking
            of, and if I had I would not speak of them. For either the opinion formed of me is quite
            sufficient for me, such as it is; or if it be too low an opinion to please me, still I
            cannot make it higher by talking about them.</p></div><milestone n="12" unit="chapter"/><milestone unit="Para"/><div type="textpart" subtype="section" n="37" resp="perseus"><p>I will just, O Caecilius, say this much familiarly to you about yourself, forgetting
            for a moment this rivalry and contest of ours. Consider again and again what your own
            sentiments are, and recollect yourself; and consider who you are, and what you are able
            to effect. Do you think that, when you have taken upon yourself the cause of the allies,
            and the fortunes of the province, and the rights of the Roman people, and the dignity of
            the judgment-seat and of the law, in a discussion of the most important and serious
            matters, you are able to support so many affairs and those so weighty and so various
            with your voice, your memory, your counsel, and your ability?</p></div><div type="textpart" subtype="section" n="38" resp="perseus"><p>Do you think that you are able to distinguish in separate charges, and in a
            well-arranged speech, all that Caius Verres has done in his quaestorship, and in his
            lieutenancy, and in his praetorship, at <placeName key="perseus,Rome">Rome</placeName>,
            or in <placeName key="tgn,1000080">Italy</placeName>, or in <placeName key="tgn,7002733">Achaia</placeName>, or in <placeName key="tgn,7002294">Asia Minor</placeName>, or in
              <placeName key="tgn,7002611">Pamphylia</placeName>, as the actions themselves are
            divided by place and time? Do you think that you are able (and this is especially
            necessary against a defendant of this sort) to cause the things which he has done
            licentiously, or wickedly, or tyrannically, to appear just as bitter and scandalous to
            those who hear of them, as they did appear to those who felt them?</p></div><div type="textpart" subtype="section" n="39" resp="perseus"><p>Those things which I am speaking of are very important, believe me. Do not you despise
            this either; everything must be related, and demonstrated, and explained; the cause must
            be not merely stated, but it must also be gravely and copiously dilated on. You must
            cause, if you wish really to do and to effect anything, men not only to hear you, but
            also to hear you willingly and eagerly. And if nature kind been bountiful to you in such
            qualities, and if from your childhood you had studied the best arts and systems, and
            worked hard at them;—if you had learnt Greek literature at <placeName key="perseus,Athens">Athens</placeName>, not at <placeName key="tgn,7003850">Lilybaeum</placeName>, and Latin literature at <placeName key="perseus,Rome">Rome</placeName>, and not in <placeName key="tgn,7003122">Sicily</placeName>; still
            it would be a great undertaking to approach so important a cause, and one about which
            there is such great expectation, and having approached it, to follow it up with the
            requisite diligence; to have all the particulars always fresh in your memory; to discuss
            it properly in your speech, and to support it adequately with your voice and your
            faculties.</p></div><div type="textpart" subtype="section" n="40" resp="perseus"><p>Perhaps you may say, What then? Are you then endowed with all these qualifications?—I
            wish indeed that I were; but at all events I have laboured with great industry from my
            very childhood to attain them. And if I, on account of the importance and difficulty of
            such a study have not been able to attain them, who have done nothing else all my life,
            how far do you think that you must be distant from these qualities, which you have not
            only never thought of before, but which even now, when you are entering on a stage that
            requires them all, you can form no proper idea of, either as for their nature or as to
            their importance? </p></div></div></body></text></TEI>
                </passage>
            </reply>
            </GetPassage>