<GetPassage xmlns:tei="http://www.tei-c.org/ns/1.0" xmlns="http://chs.harvard.edu/xmlns/cts">
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                <requestName>GetPassage</requestName>
                <requestUrn>urn:cts:latinLit:phi0474.phi005.perseus-eng2:2.3.181-2.3.200</requestUrn>
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            <reply>
                <urn>urn:cts:latinLit:phi0474.phi005.perseus-eng2:2.3.181-2.3.200</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="3"><div type="textpart" subtype="section" n="181" resp="perseus"><p> Out of all the money which it was your duty to pay to the cultivators, you were in
                the habit of making deductions on certain pretexts; first of all for the
                examination, and for the difference in the exchanges; secondly, for some stealing
                money or other. All these names, O judges, do not belong to any legal demand, but to
                the most infamous robberies. For what difference of exchange can there be when all
                use one kind of money? And what is sealing money How has this name got introduced
                into the accounts of a magistrate? how came it to be connected with the public
                money? For the third description of deduction was such as if it were not only
                lawful, but even proper; and not only proper, but absolutely necessary. Two
                fiftieths were deducted from the entire sum in the name of the clerk. Who gave you
                leave to do this?—what law? what authority of the senate? Moreover where was the
                justice of your clerk taking such a sum, whether it was taken from the property of
                the cultivators, or from the revenues of the Roman people? </p></div><div type="textpart" subtype="section" n="182" resp="perseus"><p> For if that sum can he deducted without injury to the cultivators of the soil, let
                the Roman people have it, especially in the existing difficulties of the treasury;
                but if the Roman people intended it to be paid to the cultivators, and if it is just
                that it should be, then shall your officer, hired at small wages paid by the people,
                plunder the property of the cultivators? And shall Hortensius excite against me in
                this cause the whole body of clerks? and shall he say that their interests are
                undermined by me, and their lights opposed? as if this were allowed to the clerks by
                any precedent or by any right. Why should I go back to old times? or why should I
                make mention of those clerks, who, it is evident, were most upright and
                conscientious men? It does not escape my observation, O judges, that old examples
                are now listened to and considered as imaginary fables I will go only to the present
                wretched and profligate time. You, O Hortensius, have lately been quaestor. You can
                say what your clerks did; I say this of mine; when, in that same <placeName key="tgn,7003122">Sicily</placeName>, I was paying the cities money for their
                corn, and had with me two most economical men as clerks, Lucius Manilius and Lucius
                Sergius, then I say that not only these two fiftieths were not deducted, but that
                not one single coin was deducted from any one. <milestone n="79" unit="chapter"/><milestone unit="Para"/> I would say that all the credit of this was to be
                attributed to me, O judges, if they had ever asked this of me, if they had ever
                thought of it. </p></div><div type="textpart" subtype="section" n="183" resp="perseus"><p> For why should a clerk make this deduction, and not rather the muleteer who
                brought the corn down? or the courier, by whose arrival they heard of its coming and
                made the demand? or the crier, who ordered them to appear? or the lictor and the
                slave of Venus, who carried the money? What part of the business or what seasonable
                assistance can a scrivener pretend to, that, I will not say such high wages should
                be given him, but, that a division of such a large sum should take place with him?
                Oh they are a very honourable body of men;—who denies it? or what has that to do
                with this business? But they are an honourable body, because to their integrity are
                entrusted the public accounts and the safety of the magistrates. Ask, therefore, of
                those scriveners who are worthy of their body, masters of households, virtuous and
                honourable men, what is the meaning of those fiftieths? In a moment you will all
                clearly see that the whole affair is unprecedented and scandalous. </p></div><div type="textpart" subtype="section" n="184" resp="perseus"><p> Bring me back to those scriveners, if you please; do not get together those men
                who when with a little money scraped together from the presents of spendthrifts and
                the gratuities to actors, they have bought themselves a place in some decury, <note anchored="true">These decuries were colleges, or guilds, in which the different
                  bodies of inferior officers, librarians, clerks, lictors, <foreign xml:lang="la">accensi</foreign>, nomenclators, &amp;c were enrolled.</note> think that they
                have mounted from the first class of hissed buffoons into the second class of the
                citizens. Those scriveners I will have as arbitrators in this business between you
                and me, men who are indignant that those other fellows should be scriveners at ale
                Although, when we see that there are many unfit men in that order, an order which is
                held out as a reward for industry and good conduct, are we to wonder that there are
                some base men in that order also, a place in which any one can purchase for money?
                  <milestone n="80" unit="chapter"/><milestone unit="Para"/> When you confess that
                your clerk, with your leave, took thirteen hundred thousand <foreign xml:lang="la">sesterces</foreign> of the public money, do you think that you have any defence
                left? that any one can endure this? Do you think that even any one of those who are
                at this moment your own advocates can listen to this with equanimity? Do you think
                that, in the same city in which an action was brought against Caius Cato, <note anchored="true">Caius Cato was the grandson of Marcus Cato the censor, and nephew
                  of the younger Scipio Africanus; he had been praetor of <placeName key="tgn,7003122">Sicily</placeName>, but was convicted of having received
                  eighteen thousand <foreign xml:lang="la">sesterces</foreign> illegally.</note> a
                most illustrious man, a man of consular rank, to recover a sum of eighteen thousand
                  <foreign xml:lang="la">sesterces</foreign>; in that same city it could be
                permitted to your clerk to carry off at one swoop thirteen hundred thousand <foreign xml:lang="la">sesterces</foreign>? </p></div><div type="textpart" subtype="section" n="185" resp="perseus"><p> Here is where that golden ring came from, with which you presented him in the
                public assembly; a gift which was an act of such extraordinary impudence that it
                seemed novel to all the Sicilians, and to me incredible. For our generals, after a
                defeat of the enemy, after some splendid success, have often presented their
                secretaries with golden rings in a public assembly; but you, for what exploit, for
                the defeat of what enemy did you dare to summon an assembly for the purpose of
                making this present? Nor did you only present your clerk with a ring, but you also
                presented a man of great bravery, a man very unlike yourself, Quintus Rubrius, a man
                of eminent virtue, and dignity, and riches, with a crown, with horse trappings, and
                a chain; and also Marcus Cossutius, a most conscientious and honourable man, and
                Marcus Castritius, a man of the greatest wealth, and ability, and influence. </p></div><div type="textpart" subtype="section" n="186" resp="perseus"><p> What was the meaning of these presents made to these three Roman citizens? Besides
                that, you gave presents also to some of the most powerful and noble of the
                Sicilians, who have not, as you hoped, been the more slow to come forward, but have
                only come with more dignity to give their evidence in this trial of yours. Where did
                all these presents come from? from the spoils of what enemy? gained in what victory?
                Of what booty or trophies do they make a part? Is it because while you were praetor,
                a most beautiful fleet, the bulwark of <placeName key="tgn,7003122">Sicily</placeName>, the defence of the province, was burnt <note anchored="true">This has been mentioned before, owing to the way in which Verres had disabled the
                  fleet for his private gain, excusing towns from providing ships who were inclined
                  to pay for the relaxation, and discharging too all the sailors who chose to buy
                  their discharges, it was so powerless that a small squadron of pirates sailed into
                  the harbour of <placeName key="perseus,Syracuse">Syracuse</placeName> and burnt
                  it. Afterwards, a single pirate ship was taken, the officers of which purchased
                  their pardon of Verres, who, not daring to avow it, as the people clamoured for
                  their execution, brought on the scaffold the captains of those Roman ships which
                  had been burnt, and officers who he feared might hereafter bear witness against
                  him, with their heads muffled up so that they could not be recognised, and had
                  them executed as the pirates.</note> by the hands of pirates arriving in a few
                light galleys? or because the territory of <placeName key="perseus,Syracuse">Syracuse</placeName> was laid waste by the conflagrations of the banditti while
                you were praetor? or because the forum of the <placeName key="perseus,Syracuse">Syracuse</placeName> overflowed with the blood of the captains? or because a
                piratical galley sailed about in the harbour of <placeName key="perseus,Syracuse">Syracuse</placeName>? I can find no reason which I can imagine for your having
                fallen into such madness, unless indeed your object was to prevent men from ever
                forgetting the disasters of your administration. </p></div><div type="textpart" subtype="section" n="187" resp="perseus"><p> A clerk was presented with a golden ring, and an assembly was convoked to witness
                that presentation. What must have been your face when you saw in the assembly those
                men out of whose property that golden ring was provided for the present; who
                themselves had laid aside their golden rings, and had taken them off from their
                children, in order that your clerk might have the means to support your liberality
                and kindness? Moreover, what was the preface to this present? Was it the old one
                used by the generals?—“Since in battle, in war, in military affairs, you....” There
                never was even any mention of such matters while you were praetor. Was it this,
                “Since you have never failed me in any act of covetousness, or in any baseness, and
                since you have been concerned with me in all my wicked actions, both during my
                lieutenancy, and my praetorship, and here in <placeName key="tgn,7003122">Sicily</placeName>; on account of all these things, since I have already made you
                rich, I now present you with this golden ring?” This would have been the truth. For
                that golden ring given by you does not prove he was a brave man, but only a rich
                one. As we should judge that same ring, if given by some one else, to have evidence
                of virtue when given by you, we consider it only an accompaniment to money. </p></div><milestone n="81" unit="chapter"/><milestone unit="Para"/><div type="textpart" subtype="section" n="188" resp="perseus"><p> I have spoken, O judges, of the corn collected as tenths; I have spoken of that
                which was purchased; the last, the only remaining topic, is the valuation of the
                corn, which ought to have weight with every one, both from the vastness of the sum
                involved, and from the description of the injustice done; and more than either,
                because against this charge he is provided, not with some ingenious defence, but
                with a most scandalous confession of it. For though it was lawful for him, both by a
                decree of the senate, and also by the laws, to take corn and lay it up in the
                granaries, and though the senate had valued that corn at four <foreign xml:lang="la">sesterces</foreign> for a <foreign xml:lang="la">modius</foreign> of wheat, two
                for one of barley, Verres, having first added to the quantity of wheat, valued each
                  <foreign xml:lang="la">modius</foreign> of wheat with the cultivators at three
                  <foreign xml:lang="la">denarii</foreign>. <note anchored="true">A <foreign xml:lang="la">denarius</foreign> was about eight pence half-penny; a <foreign xml:lang="la">sestertius</foreign> only fraction over two-pence.</note> My
                charge is not this, O Hortensius; do not you think about this; I know that many
                virtuous, and brave, and incorruptible men, have often valued, both with the
                cultivators of the soil and with cities, the corn which ought to have been taken and
                laid up in the granary, and have taken money instead of corn; I know what is
                accustomed to be done; I know what is lawful to be done; nothing which has been
                previously the custom of virtuous men is found fault with ill the conduct of Verres.
              </p></div><div type="textpart" subtype="section" n="189" resp="perseus"><p> This is what I find fault with, that, when a <foreign xml:lang="la">modius</foreign> of wheat in <placeName key="tgn,7003122">Sicily</placeName> cost
                two <foreign xml:lang="la">sesterces</foreign>, as his letter which was sent to you
                declares, or at most, three, as has also already been made clear from all the
                evidence and all the accounts of the cultivators, he exacted from the cultivators
                three <foreign xml:lang="la">denarii</foreign> for every <foreign xml:lang="la">modius</foreign> of wheat. <milestone n="82" unit="chapter"/><milestone unit="Para"/> This is the charge; I wish you to understand, that my accusation
                turns not on the fact of his having valued the corn, nor even of his having valued
                it at three <foreign xml:lang="la">denarii</foreign> but on that of his having
                increased the quantity of corn, and consequently the amount of the valuation. In
                truth this valuation originated, O judges, at first not in the convenience of the
                praetors or consuls, but in the advantage to the cultivators and the cities. For
                originally, no one was so impudent as to demand money when it was corn that was due;
                certainly this proceeded in the first instance from the cultivator or from the city
                which was required to furnish corn; when they had either sold the corn, or wished to
                keep it, or were not willing to carry it to that place where it was required to be
                delivered, they begged as a kindness and a favour, that they might be allowed,
                instead of the corn, to give the value of the corn. From such a commencement as
                this, and from the liberality and accommodating spirit of the magistrates the custom
                of valuations was introduced. </p></div><div type="textpart" subtype="section" n="190" resp="perseus"><p> More covetous, magistrates succeeded; who, in their avarice, devised not only a
                plan for their own gain, but also a way of escape, and a plea for their defence.
                They adopted a custom of always requiring corn to be delivered at the most remote
                and inconvenient places, in order that, through the difficulty of carriage, the
                cultivators might be more easily brought to the valuation which they wished. In a
                case of this kind it is easier to form one's opinion, than to make out a case for
                blame; because we can think the man who does this avaricious, but we cannot easily
                make out a charge against him; because it appears that we must grant this to our
                magistrates, that they may have power to receive the corn in any place they choose;
                therefore this is what many perhaps have done, not, however, so many out that those
                whom we recollect, or whom we have heard of as the most upright magistrates, have
                declined to do it. </p></div><milestone n="83" unit="chapter"/><milestone unit="Para"/><div type="textpart" subtype="section" n="191" resp="perseus"><p> I ask of you now, O Hortensius, with which of these classes you are going to
                compare the conduct of Verres? With those, I suppose, who, influenced by their own
                kindness, have granted, as a favour and as a convenience to the cities, permission
                to give money instead of corn. And so I suppose the cultivators begged of him, that,
                as they could not sell a <foreign xml:lang="la">modius</foreign> of wheat for three
                  <foreign xml:lang="la">sesterces</foreign>, they may be allowed to pay three
                  <foreign xml:lang="la">denarii</foreign> instead of each <foreign xml:lang="la">modius</foreign>. Or, since you do not dare to say this, will you take refuge in
                that assertion, that, being influenced by the difficulty of carriage, they preferred
                to give three <foreign xml:lang="la">denarii</foreign>? Of what carriage? Wishing
                not to have to carry it from what place to what place? from <placeName key="tgn,7002320">Philomelium</placeName> to <placeName key="tgn,7002499">Ephesus</placeName>? I see what is the difference between the price of corn at
                different places; I see too how many days' journey it is; I see that it is for the
                advantage of the Philomelians rather to pay in <placeName key="tgn,7002613">Phrygia</placeName> the price which corn bears in <placeName key="tgn,7002499">Ephesus</placeName>, than to carry it to <placeName key="tgn,7002499">Ephesus</placeName>, or to send both money and agents to <placeName key="tgn,7002499">Ephesus</placeName> to buy corn. </p></div><div type="textpart" subtype="section" n="192" resp="perseus"><p> But what can there be like that in <placeName key="tgn,7003122">Sicily</placeName>? <placeName key="tgn,7003916">Enna</placeName> is a completely
                inland town. Compel (that is the utmost stretch of your authority) the people of
                  <placeName key="tgn,7003916">Enna</placeName> to deliver their corn at the
                waterside; they will take it to Phintia, or to Halesa, or to <placeName key="tgn,7003947">Catina</placeName>, places all very distant from one another,
                the same day that you issue the order; though there is not even need of any carriage
                at all; for all this profit of the valuation, O judges, arises from the variety in
                the price of corn. For a magistrate in a province can manage this,—namely, to
                receive it where it is dearest. And therefore that is the way valuations are managed
                in <placeName key="tgn,1000004">Asia</placeName> and in <placeName key="tgn,1000095">Spain</placeName>, and in those provinces in which corn is not everywhere the
                same price. But in <placeName key="tgn,7003122">Sicily</placeName> what difference
                did it make to any one in what place he delivered it? for he had not to carry it;
                and wherever he was ordered to carry it, there he might buy the same quantity of
                corn which he sold at home. </p></div><div type="textpart" subtype="section" n="193" resp="perseus"><p> Wherefore, if, O Hortensius, you wish to show that anything, in the matter of the
                valuation, was done by him like what has been done by others, you must show that at
                any place in <placeName key="tgn,7003122">Sicily</placeName>, while Verres was
                praetor, a <foreign xml:lang="la">modius</foreign> of wheat ever cost three <foreign xml:lang="la">denarii</foreign>. <milestone n="84" unit="chapter"/><milestone unit="Para"/> See what a defence I have opened to you; how unjust to our allies,
                how far removed from the good of the republic, how utterly foreign to the intention
                and meaning of the law. Do you, when I am prepared to deliver you corn on my own
                farm, in my own city,—in the very place, in short, in which you are, in which you
                live, in which you manage all your business and conduct the affairs of the
                province,—do you, I say, select for me some remote and desert corner of the island?
                Do you bid me deliver it there, whither it is very inconvenient to carry it? where I
                cannot purchase it? </p></div><div type="textpart" subtype="section" n="194" resp="perseus"><p> It is a shameful action, O judges, intolerable, permitted to no one by law, but
                perhaps not yet punished in any instance. Still this very thing, which I say ought
                not to be endured, I grant to you, O Verres; I make you a present of it. If in any
                place of that province corn was at the price at which he valued it, then I think
                that this charge ought not to have any weight against him. But when it was fetching
                two <foreign xml:lang="la">sesterces</foreign>, or even three at the outside, in any
                district of the province which you choose to name, you exacted twelve. If there
                cannot be any dispute between you and me either about the price of corn, or about
                your valuation, why are you sitting there? What are you waiting for? What will you
                say in your defence? Does money appear to have been appropriated by you contrary to
                the laws, contrary to the interests of the republic, to the great injury of our
                allies? Or will you say in your defence, that all this has been done lawfully,
                regularly, in a manner advantageous to the republic, without injury to any one? </p></div><div type="textpart" subtype="section" n="195" resp="perseus"><p> When the senate had given you money out of the treasury, and had paid you money
                which you were to pay the cultivators, a <foreign xml:lang="la">denarius</foreign>
                for every <foreign xml:lang="la">modius</foreign>, what was it your duty to do? If
                you had wished to do what Lucius Piso, surnamed Thrifty, who first made the law
                about extortion, would have done, when you had bought the corn at the regular price,
                you would have returned whatever money there was over. If you wished to act as men
                desirous of gaining popularity, or as kind-hearted men would, as the senate had
                valued the corn at more than the regular price, you would have paid for it according
                to the valuation of the senate, and not according to the market price. Or if, as
                many do, a conduct which produces some profit indeed, but still an honest and
                allowable one, you would not have bought corn, since it was cheaper than they
                expected, but you would have retained the money which the senate had granted you for
                furnishing the granary. <milestone n="85" unit="chapter"/><milestone unit="Para"/>
                But what is it that you have done? What presence has it, I will not say of justice,
                but even of any ordinary roguery or impudence? For, indeed, there is not usually
                anything which men, however dishonest, dare to do openly in their magistracy, for
                which they cannot give, if not a good excuse, still some excuse or other. </p></div><div type="textpart" subtype="section" n="196" resp="perseus"><p> But what sort of conduct is this? The praetor came. Says he, I must buy some corn
                of you. Very well. At a <foreign xml:lang="la">denarius</foreign> for a <foreign xml:lang="la">modius</foreign> I am much obliged to you; you are very liberal, for
                I cannot get three <foreign xml:lang="la">sesterces</foreign> for it. But I don't
                want the corn, I will take the money. I had hoped, says the cultivator, that I
                should have touched the <foreign xml:lang="la">denarii</foreign>; but if you must
                have money, consider what is the price of corn now. I see it costs two <foreign xml:lang="la">sesterces</foreign>. What money, then, can be required of me for
                you, when the senate has allowed you four <foreign xml:lang="la">sesterces</foreign>? Listen, now, to what he demands And I entreat you, O judges,
                remark at the same time the equity of the praetor: </p></div><div type="textpart" subtype="section" n="197" resp="perseus"><p> “The four <foreign xml:lang="la">sesterces</foreign> which the senate has voted
                me, and has paid me out of the treasury, those I shall keep, and shall transfer out
                of the public chest into my strong box.” What comes next? What? “For each <foreign xml:lang="la">modius</foreign> which I require of you, do you give me eight
                  <foreign xml:lang="la">sesterces</foreign>.” On what account? “What do you ask me
                on what account for? It is not so much on what account that we need think, as of how
                advantageous it will be,—how great a booty I shall get.” Speak, speak, says the
                cultivator, a little plainer. The senate desires that you should pay me money,—that
                I should deliver corn to you. Will you retain that money which the senate intended
                should be paid to me, and take two <foreign xml:lang="la">sesterces</foreign>
                  a-<foreign xml:lang="la">modius</foreign> from me, to whom you ought to pay a
                  <foreign xml:lang="la">denarius</foreign> for each <foreign xml:lang="la">modius</foreign>? And then will you call this plunder and robbery granary-money?
              </p></div><div type="textpart" subtype="section" n="198" resp="perseus"><p> This one injury,—this single distress, was wanting to the cultivators under your
                praetorship, to complete the ruin of the remainder of their fortunes. For what
                remaining injury could be done to the man who, owing to this injury, was forced not
                only to dose all his corn, but even to sell all his tools and stock? He had no way
                to turn. From what produce could he find the money to pay you? Under the name of
                tenths, as much had been taken from him as the caprice of Apronius chose; for the
                second tenths and for the corn that had been purchased either nothing had been paid,
                or only so much as the clerk had left behind, or perhaps it was even taken for
                nothing, as you have had proved to you. <milestone n="86" unit="chapter"/><milestone unit="Para"/> Is money also to be extorted from the cultivators? How? By what
                right? by what precedent? For when the crops of the cultivator were carried off and
                plundered with every kind of injustice, the cultivator appeared to lose what he had
                himself raised with his plough, for which he had toiled, what his land and his
                cornfields had produced. </p></div><div type="textpart" subtype="section" n="199" resp="perseus"><p> But amid this terrible ill-treatment, there was still this wretched
                consolation,—that he seemed only to be losing what, under another praetor, he could
                get again out of the same land. But now it is necessary for the cultivator—to give
                money, which he does not get out of the land—to sell his oxen, and his plough
                itself, and all his tools For you are not to think this. “The man has also
                possessions in ready money; he has also possessions inland, near the city.” For when
                a burden is imposed on a cultivator of the soil, it is not the mean and ability of
                the man that is to be considered, whether he has any property besides; but the
                quality and description of his land, what that can endure, what that can suffer,
                what that can and ought to produce. Although those men have been drained and ruined
                by Verres in every possible manner, still you ought to decide what contribution you
                consider the cultivator ought to render to the republic on account of his land, and
                what charges he can support. You impose the payment of tenths on them. They endure
                that. A second tenth. You think they must be subservient to your necessities,—that
                they must, besides that, supply you with more if you choose to purchase it They will
                so supply you if you choose. </p></div><div type="textpart" subtype="section" n="200" resp="perseus"><p> How severe all this is, and how little, after all these deductions are made, can
                be left of clear profit for the owners, I think you, from your own farming
                experience, can guess. Add, now, to all this, the edicts, the regulations, the
                injuries of Verres,—add the reign and the rapine of Apronius, and the slaves of
                Apronius, in the land subject to the payment of tenths. Although I pass over all
                this; I am speaking of the granary. Is it your intention that the Sicilians should
                give corn to our magistrates for their granaries for nothing? What can be more
                scandalous, what can be more iniquitous than that? And yet, know you that this would
                have seemed to the cultivators a thing to be wished for, to be begged for, while
                that man was praetor. <milestone n="87" unit="chapter"/><milestone unit="Para"/>
                Sositenus is a citizen of Entella; a man of the greatest prudence, and of the
                noblest birth in his city. You have heard what he said when he was sent by the
                public authority to this trial as a deputy, together with Artemon and Meniscus, men
                of the highest character. He, when in the senate at Entella he was discussing with
                me the injustice of Verres, said this: that, if the question of the granaries and of
                the valuation were conceded, the Sicilians were willing to promise the senate corn
                for the granary without payment, so that we need not for the future vote such large
                sums to our magistrates. </p></div></div></div></div></body></text></TEI>
                </passage>
            </reply>
            </GetPassage>