<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.phi005.perseus-eng2:2.2.61-2.2.80</requestUrn>
            </request>
            <reply>
                <urn>urn:cts:latinLit:phi0474.phi005.perseus-eng2:2.2.61-2.2.80</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="61" resp="perseus"><p> He, having now got ample room for false accusation, when he sees that there is any
                point on which his friends refused to appear for Epicrates in his absence, declares
                that he will appoint a trial on that charge before any other. When all saw plainly
                that not only that money which had (to make a presence) been sent from his house,
                had returned back to it, but that he had afterwards received much more money, the
                friends of Epicrates ceased to argue in his defence. Verres ordered the men of Bidis
                to take possession of all his property, and to keep it for themselves. Besides the
                five hundred thousand <foreign xml:lang="la">sesterces</foreign> which the
                inheritance amounted to, his own previous fortune amounted to fifteen hundred
                thousand. Was the affair planned out in this way from the beginning? Was it
                completed in this way? Is it a very trifling sum of money? Is Verres such a man as
                to be likely to have done all this which I have related for nothing? </p></div><div type="textpart" subtype="section" n="62" resp="perseus"><p><milestone unit="Para"/> Now, O judges, hear a little about the misery of the
                Sicilians. Both Heraclius the Syracusan, and Epicrates of Bidis, being stripped of
                all their property, came to <placeName key="perseus,Rome">Rome</placeName>. They
                lived at <placeName key="perseus,Rome">Rome</placeName> nearly two years in mourning
                attire, with unshaven beard and hair. When Lucius Metellus went to the province,
                then they also go back with Metellus, bearing with them letters of high
                recommendation. As soon as Metellus came to <placeName key="perseus,Syracuse">Syracuse</placeName> he rescinded both the sentences—the sentence in the case of
                Epicrates, and that against Heraclius. In the property of both of them there was
                nothing which could be restored, except what was not able to be moved from its
                place.</p></div><milestone n="26" unit="chapter"/><milestone unit="Para"/><div type="textpart" subtype="section" n="63" resp="perseus"><p> Metellus had acted admirably on his first arrival, in rescinding and making of no
                effect all the unjust acts of that man which he could rescind. He had ordered
                Heraclius to be restored to his property; he was not restored. Every Syracusan
                senator who was accused by Heraclius he ordered to be imprisoned. And on this ground
                many were imprisoned. Epicrates was restored at once. Other sentences which had been
                pronounced at <placeName key="tgn,7003850">Lilybaeum</placeName>, at <placeName key="tgn,7003808">Agrigentum</placeName>, and at <placeName key="perseus,Panormus">Panormus</placeName>, were reviewed and reformed. Metellus showed that he did not
                mean to attend to the returns which had been made while Verres was praetor. The
                tithes which he had sold in a manner contrary to the Lex Hieronica, he said that he
                would sell according to that law. All the actions of Metellus went to the same
                point, so that he seemed to be remodeling the whole of Verres's praetorship. As soon
                as I arrived in <placeName key="tgn,7003122">Sicily</placeName>, he changed his
                conduct. </p></div><div type="textpart" subtype="section" n="64" resp="perseus"><p> A man of the name of Letilius had come to him two days before, a man not unversed
                in literature, so he constantly used him as his secretary. He had brought him many
                letters, and, among them, one from home which had changed the whole man. On a sudden
                he began to say that he wished to do everything to please Verres; that he was
                connected with him by the ties of both friendship and relationship. All men wondered
                that this should now at last have occurred to him, after he had injured him by so
                many actions and so many decisions. Some thought that Letilius had come as an
                ambassador from Verres, to put him in mind of their mutual interests, their
                friendship, and their relationship. From that time he began to solicit the cities
                for testimony in favour of Verres, and not only to try to deter the witnesses
                against him by threats, but even to detain them by force. And if I had not by my
                arrival checked his endeavours in some degree, and striven among the Sicilians, by
                the help of Glabrio's letters and of the law, I should not have been able to bring
                so many witnesses into this court.</p></div><milestone n="27" unit="chapter"/><milestone unit="Para"/><div type="textpart" subtype="section" n="65" resp="perseus"><p> But, as I began to say, remark the miseries of the Sicilians. Heraclius, whom I
                have mentioned, and Epicrates came forward a great distance to meet me, with all
                their friends. When I came to <placeName key="perseus,Syracuse">Syracuse</placeName>, they thanked me with tears; they wished to leave <placeName key="perseus,Syracuse">Syracuse</placeName>, and go to <placeName key="perseus,Rome">Rome</placeName> in my company: because I had many other towns
                left which I wanted to go to, I arranged with the men on what day they were to meet
                me at <placeName key="tgn,7003897">Messana</placeName>. They sent a messenger to me
                there, that they were detained by the praetor. And though I summoned them formally
                to attend and give evidence,—though I gave in their names to Metellus,—though they
                were very eager to come, having been treated with the most enormous injustice, they
                have not arrived yet. These are the rights which the allies enjoy now, not to be
                allowed even to complain of their distresses. </p></div><div type="textpart" subtype="section" n="66" resp="perseus"><p><milestone unit="Para"/> You have already heard the evidence of Heraclius of
                Centuripa, a most virtuous and noble young man, from whom a hundred thousand
                  <foreign xml:lang="la">sesterces</foreign> were claimed by a fraudulent and false
                accusation. Verres, by means of penalties and securities <note anchored="true">The
                    <foreign xml:lang="la">compromissum</foreign> was money deposited by both
                  parties as a security for their obeying the decision of the judge, “though the
                  same term was also employed to express the engagement by which parties agreed to
                  settle their differences by arbitration, without the intervention of the
                  praetor.”—Smith, Dict. Ant. p. 530, v. <foreign xml:lang="la">Judex</foreign>.</note> exacted, contrived to extort three hundred thousand; and
                the sentence which had been given in favour of Heraclius, in the affairs about which
                security had been given) he set aside, because a citizen of Centuripa had acted as
                judge between two of his fellow-citizens, and he said that he had given a false
                decision; he forbade him to appear in the senate, and deprived him by an interdict
                of all the privileges of citizens and of access to all public places. If any one
                struck him, he announced that he would take no cognisance of the injury; that if any
                claim were made on him, he would appoint a judge from his own retinue, but that he
                would not allow him an action on any ground whatever.</p></div><div type="textpart" subtype="section" n="67" resp="perseus"><p>And his authority in the province had just this weight, that no one did strike him,
                though the praetor in his province gave every one leave by word, and in reality
                incited them to do so; nor did any one claim anything of him, though he had given
                licence to false accusation by his authority; yet that heavy mark of ignominy was
                attached to the man as long as Verres remained in the province. After this fear had
                been impressed on the judges, in a manner unexampled and wholly without precedent,
                do you suppose that any matter was decided in <placeName key="tgn,7003122">Sicily</placeName> except according to his will and pleasure? Does this appear to
                have been the only effect of it, (which effect, however, it had,) to take his money
                from Heraclius? or was not this also the object, as the means by which the greatest
                plunder was to be got,—to bring, under presence of judicial decision, the property
                and fortune of every one into the power of that one man?</p></div><milestone n="28" unit="chapter"/><milestone unit="Para"/><div type="textpart" subtype="section" n="68" resp="perseus"><p> But why should I seek out every separate transaction and cause in the trials which
                took place on capital charges? Out of many, which are all nearly alike, I will
                select those which seem to go beyond all the others in rascality. There was a man of
                Halicya, named Sopater, among the first men of his state for riches and high
                character. He, having been accused by his enemies before Caius Sacerdos the praetor,
                on a capital charge, was easily acquitted. The same enemies again accused this same
                Sopater on the same charge before Caius Verres when he had come as successor to
                Sacerdos. The matter appeared trifling to Sopater, both because he was innocent, and
                because he thought that Verres would never dare to overturn the decision of
                Sacerdos. The defendant is cited to appear. The cause is heard at <placeName key="perseus,Syracuse">Syracuse</placeName>. Those changes are brought forward by
                the accusers which had been already previously extinguished, not only by the
                defence, but also by the decision. </p></div><div type="textpart" subtype="section" n="69" resp="perseus"><p> Quintus Minucius, a Roman knight, among the first for a high and honourable
                reputation, and not unknown to you, O judges, defended the cause of Sopater. There
                was nothing in the cause which seemed possible to be feared, or even to be doubted
                about at all. In the meantime that same Timarchides, that fellow's attendant and
                freedman, who is, as you have learnt by many witnesses at the former hearing, his
                agent and manager in all affairs of this sort, comes to Sopater, and advised him not
                to trust too much to the decision of Sacerdos and the justice of his cause; he tells
                him that his accusers and enemies have thoughts of giving money to the praetor, but
                that the praetor would rather take it to acquit; and at the same time, that he had
                rather, if it were possible, not rescind a decision of his predecessor. Sopater, as
                this happened to him quite suddenly and unexpectedly, was greatly perplexed, and had
                no answer ready to make to Timarchides, except that he would consider what he had
                best do in such a case; and at the same time he told him that he was in great
                difficulties respecting money matters. Afterwards he consulted with his friends; and
                as they advised him to purchase an acquittal, he came to Timarchides. Having
                explained his difficulties to him, he brings the man down to eighty thousand
                  <foreign xml:lang="la">sesterces</foreign>, and pays him that money.</p></div><milestone n="29" unit="chapter"/><milestone unit="Para"/><div type="textpart" subtype="section" n="70" resp="perseus"><p> When the cause came to be heard, all who were defending Sopater were without any
                fear or any anxiety. No crime had been committed; the matter had been decided;
                Verres had received the money. Who could doubt how it would turn out? The matter is
                not summed up that day; the court breaks up; Timarchides comes a second time to
                Sopater. He says that his accusers were promising a much larger sum to the praetor
                than what he had given, and that if he were wise he would consider what he had best
                do. The man, though he was a Sicilian, and a defendant—that is to say, though he had
                little chance of obtaining justice—and was in an unfortunate position, still would
                not bear with or listen to Timarchides any longer. Do, said he, whatever you please;
                I will not give any more And this, too, was the advice of his friends and defenders;
                and so much the more, because Verres, however he might conduct himself on the trial,
                still had with him on the bench some honourable men of the Syracusan community, who
                had also been on the bench with Sacerdos when this same Sopater had been acquitted.
                They considered that it was absolutely impossible for the same men, who had formerly
                acquitted Sopater, to condemn him now on the same charge, supported by the same
                witnesses. And so with this one hope they came before the court. </p></div><div type="textpart" subtype="section" n="71" resp="perseus"><p> And when they came thither, when the same men came in numbers on the bench who
                were used to sit there, and when the whole defence of Sopater rested on this hope,
                namely, on the number and dignity of the bench of judges, and on the fact of their
                being, as I have said before, the same men who had before acquitted Sopater of the
                same charge, mark the open rascality and audacity of the man, not attempted to be
                disguised, I will not say under any reason, but with even the least dissimulation.
                He orders Marcus Petilius, a Roman knight, whom he had with him on the bench, to
                attend to a private cause in which he was judge. Petilius refused, because Verres
                himself was detaining his friends whom he had wished to have with him on the bench.
                He, liberal man, said that he did not wish to detain any of the men who preferred
                being with Petilius. And so they all go; for the rest also prevail upon him not to
                detain them, saying that they wished to appear in favour of one or other of the
                parties who were concerned in that trial. And so he is left alone with his most
                worthless retinue. </p></div><div type="textpart" subtype="section" n="72" resp="perseus"><p> Minucius, who was defending Sopater, did not doubt that Verres, since he had
                dismissed the whole bench, would not proceed with the investigation of his cause
                that day; when all of a sudden he is ordered to state his case. He answers, “To
                whom?” “To me,” says Verres, “if I appear to you of sufficient dignity to try the
                cause of a Sicilian, a Greek.” “Certainly,” says he, “you are of sufficient dignity,
                but I wish for the presence of those men who were present before, and were
                acquainted with the case.” “State your case,” says he; “they cannot be present.”
                “For in truth,” says Quintus Minucius, “Petilius begged me also to be with him on
                the bench;” and at the same time he began to leave his seat as counsel. </p></div><div type="textpart" subtype="section" n="73" resp="perseus"><p> Verres, in a rage, attacks him with pretty violent language, and even began to
                threaten him severely, for bringing such a charge, and trying to excite such odium
                against him. <milestone n="30" unit="chapter"/><milestone unit="Para"/> Minucius,
                who lived as a merchant at <placeName key="perseus,Syracuse">Syracuse</placeName>,
                in such a way as always to bear in mind his rights and his dignity and who knew that
                it became him not to increase his property in the province at the expense of any
                portion of his liberty, gave the man such answer as seemed good to him, and as the
                occasion and the cause required. He said that he would not speak in defence of his
                client when the bench of judges was sent away and dismissed. And so he left the bar.
                And all the other friends and advocates of Sopater, except the Sicilians, did the
                same. </p></div><div type="textpart" subtype="section" n="74" resp="perseus"><p> Verres, though he is a man of incredible effrontery and audacity, yet when he was
                thus suddenly left alone got frightened and agitated. He did not know what to do, or
                which way to turn. If he adjourned the investigation at that time, he knew that when
                those men were present, whom he had got rid of for the time, Sopater would be
                acquitted; but if he condemned an unfortunate and innocent man, (while he himself,
                the praetor, was without any colleagues, and the defendant without any counsel or
                patron,) and rescinded the decision of Caius Sacerdos, he thought that he should not
                be able to withstand the unpopularity of such an act. So he was quite in a fever
                with perplexity. He turned himself every way, not only as to his mind, but also as
                to his body; so that all who were present could plainly see that fear and
                covetousness were contending together in his heart. There was a great crowd of
                people present, there was profound silence, and eager expectation which way his
                covetousness was going to find vent. His attendant Timarchides was constantly
                stooping down to his ear. </p></div><div type="textpart" subtype="section" n="75" resp="perseus"><p> Then at last he said, “Come, state your case.” Sopater began to implore him by the
                good faith of gods and man, to hear the cause in company with the rest of the bench.
                He orders the witnesses to be summoned instantly. One or two of them give their
                evidence briefly. No questions are asked. The crier proclaims that the case is
                closed. Verres, as if he were afraid that Petilius, having either finished or
                adjourned the private cause on which he was engaged, might return to the bench with
                the rest, jumps down in haste from his seat; he condemned an innocent man, one who
                had been acquitted by Caius Sacerdos, without hearing him in his defence, by the
                joint sentence of a secretary, a physician, and a soothsayer.</p></div><milestone n="31" unit="chapter"/><milestone unit="Para"/><div type="textpart" subtype="section" n="76" resp="perseus"><p> Keep, pray keep that man in the city, O judges. Spare him and preserve him, that
                you may have a man to assist you in judging causes; to declare his opinion in the
                senate on questions of war and peace, without any covetous desires. Although,
                indeed, we and the Roman people have less cause to be anxious as to what his opinion
                in the senate is likely to be: for what will be his authority? When will he have
                either the daring or the power to deliver his opinion? When will a man of such
                luxury and such indolence ever attempt to mount up to the senate-house except in the
                month of February? <note anchored="true">In the month of February, as has been said
                  before, the senate gave audience to the deputies from foreign nations, and these
                  deputies were accustomed to bring rich presents to the senators who favoured their
                  respective nations.</note> However, let him come; let him vote war against the
                Cretans, liberty to the Byzantines; let him call Ptolemy king; let him say and think
                everything which Hortensius wishes him. These things do not so immediately concern
                us—have not such immediate reference to the risk of our lives, or to the peril of
                our fortunes. </p></div><div type="textpart" subtype="section" n="77" resp="perseus"><p><milestone unit="Para"/>What really is of vital importance, what is formidable, what
                is to be dreaded by every virtuous man, is, that if through any influence this man
                escapes from this trial, he must be among the judges; he must give his decision on
                the lives of Roman citizens; he must be standard-bearer in the army of that man
                  <note anchored="true">Hortensius is meant here.</note> who wishes to possess
                undisputed sway over our courts of justice. This the Roman people refuses; this it
                will never endure; the whole people raises an outcry, and gives you leave, if you
                are delighted with these men, if you wish from such a set to add splendour to your
                order, and an ornament to the senate-house, to have that fellow among you as a
                senator, to have him even as a judge in your own cases, if you choose; but men who
                are not of your body, men to whom the admirable Cornelian laws do not give the power
                of objecting to more than three judges, do not choose that this man, so cruel, so
                wicked, so infamous should sit as judge in matters in which they are concerned.</p></div><milestone n="32" unit="chapter"/><milestone unit="Para"/><div type="textpart" subtype="section" n="78" resp="perseus"><p> In truth, if that is a wicked action, (which appears to me to be of all actions
                the most base, and the most wicked,) to take money to influence a decision in a
                court of law, to put up one's good faith and religion to auction; how much love
                wicked, flagitious, and scandalous is it, to condemn a man from whom you have taken
                money to acquit him?—so that the praetor does not even act up to the customs of
                robbers, for there is honour among thieves. It is a sin to take money from a
                defendant; how much more to take it from an accuser! how much more wicked still to
                take it from both parties! When you had put up your good faith to auction in the
                province, he had the most weight with you who gave you the most money.—That was
                natural: perhaps some time or other some one else may have done something of the
                same sort. But when you had already disposed of your good faith and of your scruples
                to the one party, and had received the money, and had afterwards sold the very same
                articles to his adversary for a still higher price, are you going to cheat both, and
                to decide as you please? and not even to give back the money to the party whom you
                have deceived? </p></div><div type="textpart" subtype="section" n="79" resp="perseus"><p> What is the use of speaking to me of Bulbus, of Stalenus? <note anchored="true">Bulbus and Stalenus had been judges in the action between Cluentius and
                  Oppianicus, which had been already mentioned, and had been convicted of corruption
                  in that trial.</note> What monster of this sort, what prodigy of wickedness have
                we ever heard of or seen, who would first sell his decision to the defendant, and
                afterwards decide in favour of the accuser? who would get rid of, and dismiss from
                the bench honourable men who were acquainted with the cause; would by himself alone
                condemn a defendant, who had been acquitted once from whom he had taken money, and
                would not restore: him his money?—Shall we have this man on the list of judges Shall
                he be named as judge in the second senatorial decury? Shall he be the Judge of the
                lives of free men? Shall a judicial tablet be entrusted to him, which he will mark
                not only with wax, but with blood too if it be made worth his while? </p></div><milestone n="33" unit="chapter"/><milestone unit="Para"/><div type="textpart" subtype="section" n="80" resp="perseus"><p> For what of all these things does he deny having done? That, perhaps, which he
                must deny or else be silent,—the having taken the money? Why should he not deny it?
                But the Roman knight who defended Sopater, who was present at all his deliberations
                and at every transaction, Quintus Minucius, says on his oath that the money was
                paid; he says on his oath that Timarchides said that a greater sum was being offered
                by the accusers. All the Sicilians will say the same; all the citizens of Halicya
                will say the same; even the young son of Sopater will say the same, who by that most
                cruel man has been deprived of his innocent father and of his father's property.
              </p></div></div></div></div></body></text></TEI>
                </passage>
            </reply>
            </GetPassage>