<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-eng2:41-60</requestUrn>
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            <reply>
                <urn>urn:cts:latinLit:phi0474.phi004.perseus-eng2:41-60</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="41" resp="perseus"><p>I, who as all men know, am so much concerned in the forum and the courts of justice,
            that there is no one of the same age, or very few, who have defended more causes, and
            who spend all my time which can be spared from the business of my friends in these
            studies and labours, in order that I may be more prepared for forensic practice and more
            ready at it, yet, (may the gods be favourable to me as I am saying what is true!)
            whenever the thought occurs to me of the day when the defendant having been summoned, I
            have to speak, I am not only agitated in my mind, but a shudder runs over my whole
            body.</p></div><div type="textpart" subtype="section" n="42" resp="perseus"><p>Even now I am surveying in my mind and thoughts what party spirit will be shown by men;
            what throngs of men will meet; how great an expectation the importance of the trial will
            excite; how greet a multitude of hearers the infamy of Caius Verres will collect; how
            great an audience for my speech his wickedness will draw together And when I think of
            these things, even now I am afraid as to what I shall be able to say suitable to the
            hatred men bear him who are inimical and hostile to him, and worthy of the expectation
            which all men will form, and of the importance of the case.</p></div><div type="textpart" subtype="section" n="43" resp="perseus"><p>Do you fear nothing, do you think of nothing are you anxious about nothing of all this?
            Or if from some old speech you have been able to learn, “I entreat the mighty and
            beneficent <persName><surname>Jupiter</surname></persName>,” or, “I wish it were
            possible, O judges,” or something of the sort, do you think that you shall come before
            the court in an admirable state of preparation? </p></div><div type="textpart" subtype="section" n="44" resp="perseus"><p>And, even if no one were to answer you, yet you would not, as I think, be able to state
            and prove even the cause itself. Do you now never give it a thought, that you will have
            a contest with a most eloquent man, and one in a perfect state of preparation for
            speaking, with whom you will at one time have to argue, and at another time to strive
            and contend against him with all your might? Whose abilities indeed I praise greatly,
            but not so as to be afraid of them, and think highly of, thinking however at the same
            time that I am more easily to be pleased by them than cajoled by them. <milestone n="14" unit="chapter"/><milestone unit="Para"/>
 He will never put me down by his acuteness; he will never put me out
            of countenance by any artifice; he will never attempt to upset and dispirit me by
            displays of his genius. I know all the modes of attack and every system of speaking the
            man has. We have often been employed on the same, often on opposite sides. Ingenious as
            he is, he will plead against me as if he were aware that his own ability is to same
            extent put on its trial.</p></div><div type="textpart" subtype="section" n="45" resp="perseus"><p>But as for you, O Caecilius, I think that I see already how he will play with you, how
            he will bandy you about; how often he will give you power and option of choosing which
            alternative you please,—whether a thing were done or not, whether a thing be true or
            false; and whichever side you take will be contrary to your interest. What a heat you
            will be in, what bewilderment! what darkness, O ye immortal gods! will overwhelm the
            man, free from malice as he is. What will you do when he begins to divide the different
            counts of your accusation, and to arrange on his fingers each separate division of the
            cause? What will you do when he begins to deal with each argument, to disentangle it, to
            get rid of it? You yourself in truth will begin to be afraid lest you have brought an
            innocent man into danger. </p></div><div type="textpart" subtype="section" n="46" resp="perseus"><p>What will you do when he begins to pity his client, to complain, and to take off some
            of his unpopularity from him and transfer it to you? to speak of the close connection
            necessarily subsisting between the quaestor and the praetor? of the custom of the
            ancients? of the holy nature of the connection between those to whom the same province
            was by lot appointed? Will you be able to encounter the odium such a speech will excite
            against you? Think a moment; consider again and again. For there seems to me to be
            danger of his overwhelming you not with words only, but of his blunting the edge of your
            genius by the mere gestures and motions of his body, and so distracting you and leading
            you away from every previous thought and purpose. </p></div><div type="textpart" subtype="section" n="47" resp="perseus"><p>And I see that the trial of this will be immediate; for if you are able today to answer
            me and these things which I am saying; if you even depart one word from that book which
            some elocution-master or other has given you, made up of other men's speeches; I shall
            think that you are able to speak, and that you are not unequal to that trial also, and
            that you will be able to do justice to the cause and to the duty you undertake. But if
            in this preliminary skirmish with me you turn out nothing, what can we suppose you will
            be in the contest itself against a most active adversary? <milestone n="15" unit="chapter"/><milestone unit="Para"/>
 Be it so; he is nothing himself, he has no ability; but he comes
            prepared with well-trained and eloquent supporters. And this too is something, though it
            is not enough; for in all things he who is the chief person to act, ought to be the most
            accomplished and the best prepared. But I see that Lucius Appuleius is the next counsel
            on the list, a mere beginner, not as to his age indeed, but as to his practice and
            training in forensic contests. </p></div><div type="textpart" subtype="section" n="48" resp="perseus"><p>Next to him he has, as I think, Allienus; he indeed does belong to the bar, but
            however, I never took any particular notice of what he could do in speaking; in raising
            an outcry, indeed, I see that he is very vigorous and practiced. In this man all your
            hopes are placed; he, if you are appointed prosecutor, will sustain the whole trial. But
            even he will not put forth his whole strength in speaking, but will consult your credit
            and reputation; and will abstain from putting forth the whole power of eloquence which
            he himself possesses, in order that you may still appear of some importance As we see is
            done by the Greek pleaders; that he to whom the second or third part belongs, though he
            may be able to speak somewhat better than his leader, often restrains himself a good
            deal, in order that the chief may appear to the greatest possible advantage, so will
            Allienus act; he will be subservient to you, he will pander to your interest, he will
            put forth somewhat less strength than he might. </p></div><div type="textpart" subtype="section" n="49" resp="perseus"><p>Now consider this, O judges, what sort of accusers we shall have in this most important
            trial; when Allienus himself will somewhat abstain from displaying all his abilities, if
            he has any, and Caecilius will only be able to think himself of any use, because
            Allienus is not so vigorous as he might be, and voluntarily allows him the chief share
            in the display. What fourth counsel he is to have with him I do not know, unless it be
            one of that crowd of losers of time who have entreated to be allowed an inferior part in
            this prosecution, whoever he might be to whom you gave the lead. </p></div><div type="textpart" subtype="section" n="50" resp="perseus"><p>And you are to appear in just this state of preparation, that you have to make friends
            of those men who are utter strangers to you, for the purpose of obtaining their
            assistance. But I will not do these men so much honour as to answer what they have said
            in any regular order, or to give a separate answer to each; but since I have come to
            mention them not intentionally, but by chance, I will briefly, as I pass, satisfy them
            all in a few words. <milestone n="16" unit="chapter"/><milestone unit="Para"/>
 Do I seem to you to be in such
            exceeding want of friends that I must have an assistant given me, chosen not out of the
            men whom I have brought down to court with me, but out of the people at large? And are
            you suffering under such a dearth of defendants, that you endeavour to filch this cause
            from me rather than look for some defendants of your own class at the pillar of Maenius?
              <note anchored="true">Maenius had sold his house to Cato and Valerius Flaccus when
              they were censors, and they had built the Porcian Piazza on the spot, but he had
              reserved for himself one pillar for him and his heirs to have a view of the
              gladiatorial contests from it; and near this column the <foreign xml:lang="lat">triumviricapitates</foreign> held their court, before whose tribunal it was chiefly
              the lower sort of criminals who were brought, and as a general rule the advocates who
              practised in these courts were of a lower class than those who confined themselves to
              more respectable clients, and to civil actions.</note></p></div><div type="textpart" subtype="section" n="51" resp="perseus"><p>Appoint me, says he, to watch Tullius. What? How many watchers shall I have need of, if
            I once allow you to meddle with my bag? as you will have to be watched not only to
            prevent your betraying anything, but to prevent your removing anything. But for the
            whole matter of that watchman I will answer you thus in the briefest manner possible;
            that these honest judges will never permit any assistant to force himself against my
            consent into so important a cause, when it has been undertaken by me, and is entrusted
            to me.</p></div><div type="textpart" subtype="section" n="52" resp="perseus"><p>In truth, my integrity rejects an overlooker; my diligence is afraid of a spy. But to
            return to you, O Caecilius, you see how many qualities are wanting to you; how many
            belong to you which a guilty defendant would wish to belong to his prosecutor, you are
            well aware. What can be said to this? For I do not ask what you will say yourself, I see
            that it is not you who will answer me, but this book which your prompter has in his
            hand; who, if he be inclined to prompt you rightly, will advise you to depart from this
            place and not to answer me one word. For what can you say? That which you are constantly
            repeating, that Verres has done you an injury? I have no doubt he has, for it would not
            be probable, when he was doing injuries to all the Sicilians, that you alone should be
            so important in his eyes that he should take care of your interests. </p></div><div type="textpart" subtype="section" n="53" resp="perseus"><p> But the rest of the Sicilians have found an avenger of their injuries; you, while you
            are endeavouring to exact vengeance for your injuries by your own means, (which you will
            not be able to effect,) are acting in a way to leave the injuries of all the rest
            unpunished and unavenged. And you do not see that it ought not alone to be considered
            who is a proper person to exact vengeance, but also who is a person capable of doing
            so,—that if there be a man in whom both these qualifications exist, he is the best man.
          </p></div><div type="textpart" subtype="section" n="54" resp="perseus"><p> But if a man has only one of them, then the question usually asked is, not what he is
            inclined to do, but what he is able to do. And if you think that the office of
            prosecutor ought to be entrusted to him above all other men, to whom Caius Verres has
            done the greatest injury, which do you think the judges ought to be most indignant
            at,—at your having been injured by him, or at the whole province of <placeName key="tgn,7003122">Sicily</placeName> having been harassed and ruined by him? I think
            you must grant that this both is the worst thing of the two, and that it ought to be
            considered the worst by every one. A flow, therefore, that the province ought to be
            preferred to you as the prosecutor. For the province is prosecuting when he is pleading
            the cause whom the province has adopted as the defender of her rights, the avenger of
            her injuries, and the pleader of the whole cause. </p></div><milestone n="17" unit="chapter"/><milestone unit="Para"/><div type="textpart" subtype="section" n="55" resp="perseus"><p>Oh, but Caius Verres has done you such an injury as might afflict the minds of all the
            rest of the Sicilians also, though the grievance was felt only by another. Nothing of
            the sort. For I think it is material also to this argument to consider what sort of
            injury is alleged and brought forward as the cause of your enmity. Allow me to relate
            it. For he indeed, unless he is wholly destitute of sense, will never say what it is.
            There is a woman of the name of Agonis, a Lilybaean, a freedwoman of Venus Erycina; a
            woman who before this man was quaestor was notoriously well off and rich. From her some
            prefect of Antonius's <note anchored="true">Antonius had been appointed as naval
              commander-in-chief along the whole coast; in which capacity it was that he made his
              unauthorized attack on <placeName key="tgn,7012056">Crete</placeName>, which gave rise
              to the war in which the island was reduced by Metellus Creticus.</note> carried off
            some musical slaves whom he said he wished to use in his fleet. Then she, as is the
            custom in <placeName key="tgn,7003122">Sicily</placeName> for all the slaves of
                <persName><surname>Venus</surname></persName>, and all those who have procured their
            emancipation from her, in order to hinder the designs of the prefect, by the scruples
            which the name of <persName><surname>Venus</surname></persName> would raise, said that
            she and all her property belonged to Venus. </p></div><div type="textpart" subtype="section" n="56" resp="perseus"><p> When this was reported to Caecilius, that most excellent and upright man, he ordered
            Agonis to be summoned before him; he immediately orders a trial to ascertain “if it
            appeared that she had said that she and all her property belonged to Venus.” The
            recuperators <note anchored="true">“In many cases a single judex was appointed, in
              others several were appointed, and they seem sometimes to have been called <foreign xml:lang="lat">recuperatores</foreign>, as opposed to the single judex.”—Smith,
              Dict. Ant. p. 529, v. <foreign xml:lang="lat">Judex</foreign>.</note> decide all that
            was necessary, and indeed there was no doubt at all that she had said so. He sends men
            to take possession of the woman's property. He adjudges her herself to be again a slave
            of Venus; then he sells her property and confiscates the money. So while Agonis wishes
            to keep a few slaves under the name and religious protection of Venus, she loses all her
            fortunes and her own liberty by the wrong doing of that man. After that, Verres comes to
              <placeName key="tgn,7003850">Lilybaeum</placeName>; he takes cognisance of the affair;
            he disapproves of the act; he compels his quaestor to pay back and restore to its owner
            all the money which he had confiscated, having been received for the property of
            Agonis.</p></div><div type="textpart" subtype="section" n="57" resp="perseus"><p> He is here, and you may well admire it, no longer Verres, but Quintus Mucius. <note anchored="true">“Quintus Mucius Scaevola is spoken of here, who in be year A.U.C. 660
              was sent as proconsul to <placeName key="tgn,2097781">Asia</placeName>, where he
              governed with such justice and strictness that the senate afterwards by formal decree
              reminded magistrates about to depart for that province of his
              example.”—Hottoman.</note> For what could he do more delicate to obtain a high
            character among men? what more just to relieve the distress of the women? what more
            severe to repress the licentiousness of his quaestor? All this appears to me most
            exceedingly praiseworthy. But at the very next step, in a moment, as if he had drank of
            some Circaean cup, having been a man, he becomes Verres again; he returns to himself and
            to his old habits. For of that money he appropriated a great share to himself, and
            restored to the woman only as much as he chose. </p></div><milestone n="18" unit="chapter"/><milestone unit="Para"/><div type="textpart" subtype="section" n="58" resp="perseus"><p>Here now if you say that you were offended with Verres, I will grant you that and allow
            it; if you complain that he did you any injury, I will defend him and deny it. Secondly,
            I say that of the injury which was done to you no one of us ought to be a more severe
            avenger than you yourself, to whom it is said to have been done. If you afterwards
            became reconciled to him, if you were often at his house, if he after that supped with
            you, do you prefer to be considered as acting with treachery or by collusion with him? I
            see that one of these alternatives is inevitable, but in this matter I will have no
            contention with you to prevent your adopting which you please. </p></div><div type="textpart" subtype="section" n="59" resp="perseus"><p> What shall I say if even the pretext of that injury which was done to you by him no
            longer remains? What have you then to say why you should be preferred, I will not say to
            me, but to any one? except that which I hear you intend to say, that you were his
            quaestor: which indeed would be an important allegation if you were contending with me
            as to which of us ought to be the most friendly to him; but in a contention as to which
            is to take up a quarrel against him, it is ridiculous to suppose that an intimate
            connection with him can be a just reason for bringing him into danger.</p></div><div type="textpart" subtype="section" n="60" resp="perseus"><p> In truth, if you had received ever so many injuries from your praetor, still you would
            deserve greater credit by bearing them than by revenging them; but when nothing in his
            life was ever done more rightly than that which you call an injury, shall these judges
            determine that this cause, which they would not even tolerate in any one else, shall
            appear in your case to be a reasonable one to justify the violation of your ancient
            connection? When even if you had received the greatest injury from him, still, since you
            have been his quaestor, you cannot accuse him and remain blameless yourself. But if no
            injury has been done you at all, you cannot accuse him without wickedness; and as it is
            very uncertain whether any injury has been done you, do you think that there is any one
            of these men who would not prefer that you should depart without incurring blame rather
            than after having committed wickedness?</p></div></div></body></text></TEI>
                </passage>
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            </GetPassage>