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                <requestUrn>urn:cts:latinLit:phi0474.phi005.perseus-eng2:2.2.41-2.2.60</requestUrn>
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            <reply>
                <urn>urn:cts:latinLit:phi0474.phi005.perseus-eng2:2.2.41-2.2.60</urn>
                <passage>
                    <TEI xmlns="http://www.tei-c.org/ns/1.0"><text xml:lang="eng"><body><div type="translation" xml:lang="eng" n="urn:cts:latinLit:phi0474.phi005.perseus-eng2"><div type="textpart" subtype="actio" n="2"><div type="textpart" subtype="book" n="2"><div type="textpart" subtype="section" n="41" resp="perseus"><p>But, I was going to say, when these five judges had been appointed, by no law,
                according to no use, with none of the proper ceremonies, with no drawing of lots,
                according to his mere will, not to examine into the cause, but to give whatever
                decision they were commanded, on that day nothing more was done; the parties are
                ordered to appear on the day following. <milestone n="17" unit="chapter"/><milestone unit="Para"/> In the meantime Heraclius, as he sees that it is all a plot laid by
                the praetor against his fortune, resolves, by the advice of his friends and
                relations, not to appear before the court. Accordingly he flies from <placeName key="perseus,Syracuse">Syracuse</placeName> that night. Verres the next day, early
                in the morning,—for he had got up much earlier than he ever did before,—orders the
                judges to be summoned. When he finds that Heraclius does not appear, he begins to
                insist on their condemning Heraclius in his absence. They expostulate with him, and
                beg him, if he pleases, to adhere to the rule he had himself laid down, and not to
                compel them to decide against the absent party in favour of the party who was
                present, before the tenth hour. He agrees.</p></div><div type="textpart" subtype="section" n="42" resp="perseus"><p>In the meantime both Verres himself began to be uneasy, and his friends and
                counselors began also to be a good deal vexed at Heraclius' having fled. They
                thought that the condemnation of an absent man, especially in a matter involving so
                large a sum of money, would be a far more odious measure than if he had appeared in
                court, and had there been condemned. To this consideration was added the fact, that
                because the judges had not been appointed in accordance with the provisions of the
                Rupilian law, they saw that the affair would appear much more base and more
                iniquitous. And so, while he endeavours to correct this error, his covetousness and
                dishonesty are made more evident. For he declares that he will not use those five
                judges; he orders (as ought to have been done at first, according to the Rupilian
                law) Heraclius to be summoned, and those who had brought the action against him; he
                says that he is going to appoint the judges by lot, according to the Rupilian law.
                That which Heraclius the day before could not obtain from him, though he begged and
                entreated it of him with many tears, occurred to him the next day of his own accord,
                and he recollected that he ought to appoint judges according to the Rupilian law. He
                draws the names of three out of the urn: he commands them to condemn Heraclius in
                his absence. So they condemn him.</p></div><div type="textpart" subtype="section" n="43" resp="perseus"><p>What was the meaning of that madness? Did you think that you would never have to
                give an account of your actions? Did you think that such men as these would never
                hear of these transactions? Is such an inheritance to be claimed without the
                slightest grounds for such a claim, in order to become the plunder of the praetor?
                is the name of the city to be introduced? is the base character of a false accuser
                to be fixed upon an honourable state? And not this only, but is the whole business
                to be conducted in such a matter that there is to be not even the least appearance
                of justice kept up? For, in the name of the immortal gods, what difference does it
                make whether the praetor commands and by force compels any one to abandon all his
                property, or passed a sentence by which, without any trial, he must lose all his
                fortune?</p></div><milestone n="18" unit="chapter"/><milestone unit="Para"/><div type="textpart" subtype="section" n="44" resp="perseus"><p> In truth you cannot deny that you ought to have appointed judges according to the
                provisions of the Rupilian law, especially when Heraclius demanded it. If you say
                that you departed from the law with the consent of Heraclius, you will entangle
                yourself, you will be hampered by the statement you make in your own defence. For if
                that was the case, why, in the first place, did he refuse to appear, when he might
                have had the judges chosen from the proper body which he demanded? Secondly, why,
                after his flight, did you appoint other judges by drawing lots, if you had appointed
                those who had been before appointed, with the consent of each party? Thirdly, Marcus
                Postumius, the quaestor, appointed as the other judges in the market-place; you
                appointed the judges in this case alone.</p></div><div type="textpart" subtype="section" n="45" resp="perseus"><p> However, by these means, some one will say, he gave that inheritance to the
                Syracusan people. In the first place, even if I were disposed to grant that, still
                you must condemn him; for it is not permitted to us with impunity to rob one man for
                the purpose of giving to another. But you will find that he despoiled that
                inheritance himself without making much secret of his proceedings; that the
                Syracusan people, indeed, had a great deal of the odium, a great deal of the infamy,
                but that another had the profit; that a few Syracusans, those who now say that they
                have come in obedience to the public command of their city, to bear testimony in his
                favour, were then sharers in the plunder, and are come hither now, not for the
                purpose of speaking in his favour, but to assist in the valuation of the damages
                which they claim from him. After he was condemned in his absence, possession is
                given to the palaestra of the Syracusans,—that is, to the Syracusan people,—not only
                of that inheritance which was in question, and which was of the value of three
                millions of <foreign xml:lang="la">sesterces</foreign>, but also of all Heraclius's
                own paternal property, which was of equal amount. </p></div><div type="textpart" subtype="section" n="46" resp="perseus"><p> What sort of a partnership in that of yours? You take away a man's inheritance,
                which had come to him from a relation, had come by will, had come in accordance with
                the laws; all which property, he, who made the will, had made over to this Heraclius
                to have and to use as he would, some time before he died,—of which inheritance, as
                he had died some time before you became praetor, there had been no dispute, nor had
                any one made any mention of it. <milestone n="19" unit="chapter"/><milestone unit="Para"/> However, be it so; take away inheritances from relations, give them
                to people at the palaestra; plunder other people's property in the name of the
                state; overturn laws, wills, the wishes of the dead, the rights of the living: had
                you any right to deprive Heraclius of his paternal property also? And yet as soon as
                he fled, how shamelessly, how undisguisedly, how cruelly, O ye immortal gods, was
                his property seized! How disastrous did that business seem to Heraclius, how
                profitable to Verres, how disgraceful to the Syracusans, how miserable to everybody!
                For the first measures which are taken are to carry whatever chased plate there was
                among that property to Verres: as for all Corinthian vessels, all embroidered robes,
                no one doubted that they would be taken and seized, and carried inevitably to his
                house, not only out of that house, but out of every house in the whole province. He
                took away whatever slaves he pleased, others he distributed to his friends: an
                auction was held, in which his invincible train was supreme everywhere.</p></div><div type="textpart" subtype="section" n="47" resp="perseus"><p>But this is remarkable. The Syracusans who presided over what was called the
                collection of this property of Heraclius, but what was in reality the division of
                it, gave in to the senate their accounts of the whole business; they said that many
                pairs of goblets many silver water-ewers, much valuable embroidered cloth, and many
                valuable slaves, had been presented to Verres; they stated how much money had been
                given to each person by his order. The Syracusans groaned, but still they bore it.
                Suddenly this item is read,—that two hundred and fifty thousand <foreign xml:lang="la">sesterces</foreign> were given to one person by command of the
                praetor. A great outcry arises from every one, not only from every virtuous man, nor
                from those to whom it had always seemed scandalous that the goods of a private
                individual should be taken from him, by the greatest injustice, under the name of
                being claimed by the people, but even the very chief instigators of the wrong; and
                in some degree the partner in the rapine and plunder, began to cry out that the man
                ought to have his inheritance for himself. So great an uproar arise in the
                senate-house, that the people ran to see what had happened.</p></div><milestone n="20" unit="chapter"/><milestone unit="Para"/><div type="textpart" subtype="section" n="48" resp="perseus"><p> The matter being known to the whole assembly, is soon reported at Verres's house.
                The man was in a rage with those who had read out the accounts,—an enemy to all who
                had raised the outcry; he was in fury with rage and passion. But he was at that
                moment unlike himself. You know the appearance of the man, you know his audacity;
                yet at that moment he was much disquieted by the reports circulated among the
                people, by their outcry, and by the impossibility of concealing the robbery of so
                large a sum of money. When he came to himself, he summoned the Syracusans to him,
                because he could not deny that money had been given him by them; he did not go to a
                distance to look for some one, (in which case he would not have been able to prove
                it,) but he took one of his nearest relations, a sort of second son, <note anchored="true">He was in fact his son-in-law elect.</note> and accused him of
                having stolen the money. He declared that he would make him refund it; and he, after
                he heard that, had a proper regard for his dignity, for his age, and for his noble
                birth. He addressed the senate on the subject; he declared to them that he had
                nothing to do with the business Of Verres he said what all saw to be true, and he
                said it plainly enough. Therefore, the Syracusans afterwards erected him a statue;
                and he himself, as soon as he could, left Verres, and departed from the province.
              </p></div><div type="textpart" subtype="section" n="49" resp="perseus"><p> And yet they say that this man complains sometimes of his misery in being weighed
                down, not by his own offences and crimes, but by those of his friends. You had the
                province for three years; your son-in-law elect, a young man, was with you one year.
                Your companions, gallant men, who were your lieutenants, left you the first year.
                One lieutenant, Publius Tadius, who remained, was not much with you; but if he had
                been always with you, he would with the greatest care have spared your reputation,
                and still more would he have spared his own. What presence have you for accusing
                others? What reason have you for thinking that you can, I will not say, shift the
                blame of your actions on another, but that you can divide it with another? </p></div><div type="textpart" subtype="section" n="50" resp="perseus"><p> That two hundred and fifty thousand <foreign xml:lang="la">sesterces</foreign> are
                refunded to the Syracusans, and how they afterwards returned to him by the backdoor,
                I will make evident to you, O judges, by documents and by witnesses. <milestone n="21" unit="chapter"/><milestone unit="Para"/> And akin to this iniquity and
                rascality of that fellow, by which plunder, consisting of a part of that property,
                came to many of the Syracusans against the will of the people and senate of
                  <placeName key="perseus,Syracuse">Syracuse</placeName>, are those crimes which
                were committed by the instrumentality of Theomnastus, and Aeschrio, and
                Dionysodorus, and Cleomenes, utterly against the wish of the city; first of all in
                plundering the whole city, of which matter I have arranged to speak in another part
                of my accusation, so that, by the assistance of those men whom I have named, he
                carried off all the statues, all the works in ivory out of the sacred temples, all
                the paintings from every place, and even whatever images of the gods he fancied;
                secondly, that in the senate-house of the Syracusans, which they call <foreign xml:lang="grc">bouleuth/rion</foreign>, a most honourable place, and of the
                highest reputation in the eyes of the citizens, where there is a brazen statue of
                Marcus Marcellus himself, (who preserved and restored that place to the Syracusans,
                though by the laws of war and victory he might have taken it away,) those men
                erected a gilt statue to him and another to his son; in order that, as long as the
                recollection of that man remained, the Syracusan senate might never be in the
                senate-house without lamentation and groaning. </p></div><div type="textpart" subtype="section" n="51" resp="perseus"><p>By means of the same partners in his injuries, and thefts, and bribes, during his
                command the festival of Marcellus at <placeName key="perseus,Syracuse">Syracuse</placeName> is abolished, to the great grief of the city;—a festival
                which they both gladly paid as due to the recent services done them by Caius
                Marcellus, and also most gladly gave to the family and name and race of the
                Marcelli. Mithridates in <placeName key="tgn,1000004">Asia</placeName>, when he had
                occupied the whole of that province, did not abolish the festival of Mucius. <note anchored="true">In honour of Quintus Mucius Scaevola, who had been praetor in that
                  province, and had established a high character for lenity and
                  incorruptibility.</note> An enemy, and he too an enemy in other respects, only too
                savage and barbarous, still would not violate the honour of a name which had been
                consecrated by holy ceremonies. You forbade the Syracusans to grant one day of
                festival to the Marcelli, to whom they owed the being able to celebrate other days
                of festival. </p></div><div type="textpart" subtype="section" n="52" resp="perseus"><p>Oh, but you gave them a splendid day instead of it; you allowed them to celebrate a
                festival in honour of Verres, and issued contracts for providing all that would be
                necessary for sacrifices and banquets on that day for many years. But in such an
                enormous superfluity of impudence as that man's, it seems better to pass over some
                things, that we may not appear to strain every point,—that we may not appear to have
                no feelings but those of indignation. For time, voice, lungs, would fail me, if I
                wished now to cry out how miserable and scandalous it is, that there should be a
                festive day in his name among those people, who think themselves utterly ruined by
                that man's conduct. O splendid Verrine festival! whither have you gone that you have
                not brought the people cause to remember that day? In truth, what house, what city,
                what temple even have you ever approached without leaving it emptied and ruined. Let
                the festival, then, be fitly called Verrine, <note anchored="true">There is a
                  recurrence here to the pun on the word <foreign xml:lang="la">verres</foreign>, a
                  boar.</note> and appear to be established, not from recollection of your name, but
                of your covetousness and your natural disposition.</p></div><milestone n="22" unit="chapter"/><milestone unit="Para"/><div type="textpart" subtype="section" n="53" resp="perseus"><p> See, O judges, how easily injustice, and the habit of doing wrong creeps on; see
                how difficult it is to check. There is a town called Bidis, an insignificant one
                indeed, not far from <placeName key="perseus,Syracuse">Syracuse</placeName>. By far
                the first man of that city is a man of the name of Epicrates. An inheritance of five
                hundred thousand <foreign xml:lang="la">sesterces</foreign> had come to him from
                some woman who was a relation of his, and so near a relation, that even if she had
                died intestate, Epicrates must have been her heir according to the laws of Bidis.
                The transaction at <placeName key="perseus,Syracuse">Syracuse</placeName> which I
                have just mentioned was fresh in men's memories,—the affair I mean of Heraclius the
                Syracusan, who would not have lost his property if an inheritance had not come to
                him. To this Epicrates too an inheritance had come, as I have said.</p></div><div type="textpart" subtype="section" n="54" resp="perseus"><p>His enemies began to consider that he too might be easily turned out of his
                property by the same praetor as Heraclius had been stripped of his by; they plan the
                affair secretly; they suggest it to Verres by his emissaries. The cause is arranged,
                so that the people belonging to the palaestra at Bidis are to claim his inheritance
                from Epicrates, just as the men of the Syracusan palaestra had claimed his from
                Heraclius. You never saw a praetor so devoted to the interests of the palaestra. But
                he defended the men of the palaestra in such a way that he himself came off with his
                wheels all the better greased. In this instance Verres, as soon as he foresaw what
                would happen, ordered eighty thousand <foreign xml:lang="la">sesterces</foreign> to
                be paid to one of his friends.</p></div><div type="textpart" subtype="section" n="55" resp="perseus"><p>The matter could not be kept entirely secret. Epicrates is informed of it by one of
                those who were concerned in it. At first he began to disregard and despise it,
                because the claim made against him had actually nothing in it about which a doubt
                could be raised. Afterwards when he thought of Heraclius, and recollected the
                licentiousness of Verres, he thought it better to depart secretly from the province.
                He did so; he went to <placeName key="tgn,7004296">Rhegium</placeName>. <milestone n="23" unit="chapter"/><milestone unit="Para"/> And when this was known, they
                began to fret who had paid the money. They thought that nothing could be done in the
                absence of Epicrates. For Heraclius indeed had been present when the judges were
                appointed; but in the case of this man, who had departed before any steps had been
                taken in the action, before indeed there had been any open mention made of the
                dispute, they thought that nothing could be done. The men go to <placeName key="tgn,7004296">Rhegium</placeName>; they go to Epicrates; they point out to
                him, what indeed he knew, that they had paid eighty thousand <foreign xml:lang="la">sesterces</foreign>; they beg him to make up to them the money they themselves
                were out of pocket; they tell him he may take any security from them that he likes,
                that none of them will go to law with Epicrates about that inheritance. </p></div><div type="textpart" subtype="section" n="56" resp="perseus"><p> Epicrates reproaches the men at great length and with great severity, and
                dismisses them. They return from <placeName key="tgn,7004296">Rhegium</placeName> to
                  <placeName key="perseus,Syracuse">Syracuse</placeName>; they complain to many
                people, as men in such a case are apt to do, that they have paid eighty thousand
                  <foreign xml:lang="la">sesterces</foreign> for nothing. The affair got abroad; it
                began to be the topic of every one's conversation. Verres repeats his old Syracusan
                trick. He says he wants to examine into that affair of the eighty thousand <foreign xml:lang="la">sesterces</foreign>. He summons many people before him. The men of
                Bidis say that they gave it to Volcatius; they do not add that they had done so by
                his command. He summons Volcatius; he orders the money to be refunded. Volcatius
                with great equanimity brings the money, like a man who was sure to lose nothing by
                it; he returns it to them in the sight of many people; the men of Bidis carry the
                money away. </p></div><div type="textpart" subtype="section" n="57" resp="perseus"><p> Some one will say, “What fault then do you find with Verres in this, who not only
                is not a thief himself, but who did not even allow any one else to be one?” Listen a
                moment. Now you shall see that this money which was just now seen to leave his house
                by the main road returned back again by a by-path. What came next? Ought not the
                praetor, having inquired into the case with the bench of judges, when he had found
                out that a companion of his own, with the object of corruptly swaying the law, the
                sentence, and the bench, (a matter in which the reputation of the praetor and even
                his condition as a free citizen were at stake,) had received money, and that the men
                of Bidis had given it, doing injury to the fair fame and fortune of the
                praetor,—ought he not, I say, to have punished both him who had taken the money, and
                those who had given it? You who had determined to punish those who had given an
                erroneous decision, which is often done out of ignorance, do you permit men to
                escape with impunity who thought that money might be received or be paid for the
                purpose of influencing your decree, your judicial decision? And yet that same
                Volcatius remained with you, although he was a Roman knight, after he had such
                disgrace put upon him.</p></div><milestone n="24" unit="chapter"/><milestone unit="Para"/><div type="textpart" subtype="section" n="58" resp="perseus"><p> For what is more disgraceful for a well-born man—what more unworthy of a free man,
                than to be compelled by the magistrate before a numerous assembly to restore what
                has been stolen; and if he had been of the disposition of which not only a Roman
                knight, but every free man ought to be, he would not have been able after that to
                look you in the face. He would have been a foe, an enemy, after he had been
                subjected to such an insult; unless, indeed, it had been done through collusion with
                you, and he had been serving your reputation rather than his own. And how great a
                friend he not only was to you then as long as he was with you in the province, but
                how great a friend he is even now, when you have long since been deserted by all the
                rest, you know yourself, and we can conceive. But is this the only argument that
                nothing was done without his knowledge, that Volcatius was not offended with him?
                that he punished neither Volcatius nor the men of Bidis? </p></div><div type="textpart" subtype="section" n="59" resp="perseus"><p>It is a great proof, but this is the greatest proof of all, that to those very men
                of Bidis, with whom he ought to have been angry, as being the men by whom he found
                out that his decree had been attempted to be influenced by bribes, because they
                could do nothing against Epicrates according to law, even if he were present,—to
                these very men, I say, he not only gave that inheritance which had come to
                Epicrates, but, as in the case of Heraclius of <placeName key="perseus,Syracuse">Syracuse</placeName>, so too in this case, (which was even rather more atrocious
                than the other, because Epicrates had actually never had any action brought against
                him at all,) he gave them all his paternal property and fortune. For he showed that
                if any one made a demand of any thing from an absent person, he would hear the
                cause, though without any precedent for so doing. The men of Bidis appear—they claim
                the inheritance. The agents of Epicrates demand that he would either refer them to
                their own laws, or else appoint judges, in accordance with the provisions of the
                Rupilian law. The adversaries did not dare to say anything against this; no escape
                from it could be devised. They accuse the man of having fled for the purpose of
                cheating them. They demand to be allowed to take possession of his property. </p></div><div type="textpart" subtype="section" n="60" resp="perseus"><p> Epicrates did not owe a farthing to any one. His friends said that, if any one
                claimed anything from him, they would stand the trial themselves, and that they
                would give security to satisfy the judgment. <milestone n="25" unit="chapter"/><milestone unit="Para"/> When the whole business was getting cool, by Verres's
                instigation they began to accuse Epicrates of having tampered with the public
                documents; a suspicion from which he was far removed. They demand a trial on that
                charge. His friends began to object that no new proceeding, that no trial affecting
                his rank and reputation, ought to be instituted while he was absent; and at the same
                time they did not cease to reiterate their demands that Verres should refer them to
                their own laws. </p></div></div></div></div></body></text></TEI>
                </passage>
            </reply>
            </GetPassage>