<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-eng2:2.3.201-2.3.220</requestUrn>
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            <reply>
                <urn>urn:cts:latinLit:phi0474.phi005.perseus-eng2:2.3.201-2.3.220</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="201" resp="perseus"><p> I am sure that you clearly perceive how advantageous this would be for the
                Sicilians not because of the justice of such a condition, but in the way of choosing
                the least of two evils; for the man who had given Verres a thousand <foreign xml:lang="la">modii</foreign> for the granary as his share of the contribution
                required, would have given two, or, at most, three thousand <foreign xml:lang="la">sesterces</foreign>, but the same man has now been compelled for the same
                quantity of corn to give eight thousand <foreign xml:lang="la">sesterces</foreign>.
                A cultivator could not stand this for three years, at least not out of his own
                produce. He must inevitably have sold his stock. But if the land can endure this
                contribution and this tribute,—that is to say, if <placeName key="tgn,7003122">Sicily</placeName> can bear and support it, let it pay it to the Roman people
                rather than to our magistrates. It is a great sum, a great and splendid revenue. If
                you can obtain it without damage to the province, without injury to our allies, I do
                not object at all. Let as much be given to the magistrates for their granary as has
                always been given. What Verres demands besides, that, if they cannot provide it, let
                them refuse. If they can provide it, let it be the revenue of the Roman people
                rather than the plunder of the praetor. </p></div><div type="textpart" subtype="section" n="202" resp="perseus"><p> In the next place, why is that valuation established for only one description of
                corn? If it is just and endurable, then <placeName key="tgn,7003122">Sicily</placeName> owes the Roman people tenths; let it give three <foreign xml:lang="la">denarii</foreign> for each single <foreign xml:lang="la">modius</foreign> of wheat; let it keep the corn itself. Money has been paid to
                you, O Verres,—one sum with which you were to buy corn for the granary, the other
                with which you were to buy corn from the cities to send to <placeName key="perseus,Rome">Rome</placeName>. You keep at your own house the money which
                has been given to you; and besides that, you receive a vast sum in your own name. Do
                the same with respect to that corn which belongs to the Roman people; exact money
                from the cities according to the same valuation, and give back what you have
                received,—then the treasury of the Roman people will be better filled than it ever
                has been. </p></div><div type="textpart" subtype="section" n="203" resp="perseus"><p> But <placeName key="tgn,7003122">Sicily</placeName> could not endure that in the
                case of the public corn; she did indeed bear it in the case of my own. Just as if
                that valuation was more just when your advantage was concerned, than when that of
                the Roman people was; or, as if the conduct which I speak of and that which you
                adopted, differed only in the description of the injury, and not in the magnitude of
                the sum involved. But that granary they can by no means bear, not even if everything
                else be remitted; not even if they were for ever hereafter delivered from all the
                injuries and distresses which they have suffered while you were praetor, still they
                say that they could not by any possibility support that granary and that valuation.
              </p></div><milestone n="88" unit="chapter"/><milestone unit="Para"/><div type="textpart" subtype="section" n="204" resp="perseus"><p> Sophocles of <placeName key="tgn,7003808">Agrigentum</placeName>, a most eloquent
                man, adorned with every sort of learning and with every virtue, is said to have
                spoken lately before Cnaeus Pompeius, when he was consul, on behalf of all
                  <placeName key="tgn,7003122">Sicily</placeName>, concerning the miseries of the
                cultivators, with great earnestness and great variety of arguments, and to have
                lamented their condition to him. And of all the things which he mentioned, this
                appeared the most scandalous to those who were present, (for the matter was
                discussed in the presence of a numerous assembly,) that, in the very matter in which
                the senate had dealt most honestly and most kindly with the cultivators, in that the
                praetor should plunder, and the cultivators be ruined and that should not only be
                done, but done in such a manner as if it were lawful and permitted. </p></div><div type="textpart" subtype="section" n="205" resp="perseus"><p><milestone unit="Para"/>What says Hortensius to this? that the charge is false? He
                will never say this.—That no great sum was gained by this method? He will not even
                say that.—That no injury was done to Sicilians and the cultivators? How can he say
                that?—What then, will he say,—That it was done by other men. What is the meaning of
                this? Is it a defence against the charge, or company in banishment that he is
                seeking for? Will you in this republic, in this time of unchecked caprice, and (as
                up to this time the course of judicial proceedings has proved) licentiousness on the
                part of men, will you defend that which is found fault with, and affirm that it has
                been done properly; not by reference to right, nor to equity, nor to law, nor
                because it was expedient, nor because it was allowed, but because it was some one
                else who did it? </p></div><div type="textpart" subtype="section" n="206" resp="perseus"><p> Other men, too, hare done other things, and plenty of them; why in this charge
                alone do you use this sort of defence? There are some things in you so
                extraordinary, that they cannot be said of, or meet in the character of, any other
                man; there are some things which you have in common with many men. Therefore, to say
                nothing of your acts of peculation, or of your taking money for the appointment of
                judges, and other things of that sort which, perhaps, other men also may have
                committed; will you defend yourself, also, from the charge which I bring against you
                as the most serious one of all—the charge, namely, of having taken money to
                influence your legal decisions, by the same argument, that others have done so too?
                Even if I were to admit the assertion, still I should not admit it as any defence.
                For it would be better that by your condemnation there should be more limited room
                for defending dishonesty left to others, than that, owing to your acquittal, others
                should be thought to have legitimately done what they have done with the greatest
                audacity. </p></div><milestone n="89" unit="chapter"/><milestone unit="Para"/><div type="textpart" subtype="section" n="207" resp="perseus"><p> All the provinces are mourning; all the nations that are free are complaining;
                every kingdom is expostulating with us about our covetousness and our injustice;
                there is now no place on this side of the ocean, none so distant, none so out of the
                way, that, in these latter times, the lust and iniquity of our citizens has not
                reached it. The Roman people is now no longer able to bear (I have not to say the
                violence, the arms, and the war, but) the mourning, the tears, and the complaints,
                of all foreign nations. In a case of this sort, in speaking of customs of this sort,
                if he who is brought before the tribunal, when he is detected in evident crimes,
                says that others have also done the same, he will not want examples; but the
                republic will want safety, if, by the precedents of wicked men, wicked men are to be
                delivered from trial and from danger. </p></div><div type="textpart" subtype="section" n="208" resp="perseus"><p> Do you approve of the manners of men at present? Do you approve of men's behaving
                themselves in magistracies as they do? Do you approve, finally, of our allies being
                treated as you see that they have been treated all this time? Why am I forced to
                take all this trouble? Why are you all sitting here? Why do you not rise up and
                depart before I have got halfway through my speech? Do you wish to lay open at all
                the audacity and licentiousness of these men? Give up doubting whether it is more
                useful, because there are so many wicked men, to spare one, or by the punishment of
                one wicked man, to check the wickedness of many. </p></div><div type="textpart" subtype="section" n="209" resp="perseus"><p> Although, what are those numerous instances of wicked men? For when in a cause of
                such importance, when in the case of a charge of such gravity, the defendant has
                begun to say that anything has frequently been done, those who hear him are
                expecting precedents drawn from ancient tradition; from old records and old
                documents, full of dignity, full of antiquity. <milestone n="90" unit="chapter"/><milestone unit="Para"/> For such instances usually have both a great deal of
                authority in proving any point, and are very pleasant to hear cited. Will you speak
                to me of the Africani, and the Catos and the Laelii, and will you say that they have
                done the same thing? Then, even though the act might not please me, still I should
                not be able to fight against the authority of those men. But, since you will not be
                able to produce them, will you bring forward these moderns, Quintus Catulus the
                father, Caius Marcius, Quintus Scaevola, Marcus Scaurus, Quintus Metellus? who have
                all governed provinces, and who have all levied corn on the ground of filling the
                granary. The authority of the men is great, so great as to be able to remove all
                suspicion of wrong-doing. </p></div><div type="textpart" subtype="section" n="210" resp="perseus"><p> But you have not, even out of these men who have lived more recently, one
                precedent of that authority. Whither, then, or to what examples will you bring me
                back? Will you lead me away from those men who have spent their lives in the service
                of the republic at a time when manners were very strict, and when the opinion of men
                was considered of great weight, and when the courts of justice were severe, to the
                existing caprice and licentiousness of men of the present age? And do you seek
                precedents for your defence among those men, as a warning to whom the Roman people
                have decided that they are in need of some severe examples? I do not, indeed,
                altogether condemn the manners of the present time, as long as we follow those
                examples which the Roman people approves of; not those which it condemns. I will not
                look around me, I will not go out of doors to seek for any one, while we have as
                judges those chiefs of the city, Publius Servilius and Quintus Catulus, who are men
                of such authority, and distinguished for such exploits, that they may be classed in
                that number of ancient and most illustrious men of whom I have previously spoken.
              </p></div><div type="textpart" subtype="section" n="211" resp="perseus"><p> We are seeking examples, and those not ancient ones. Very lately each of them had
                an army. Ask, O Hortensius, since you are fond of modern instances, what they did.
                Will you not? Quintus Catulus used corn, but he exacted no money. Publius Servilius,
                though he commanded an army for five years, and by that means might have made an
                incalculable sum of money, thought that nothing was lawful for himself which he had
                not seen his father and his grandfather, Quintus Metellus, do. Shall Caius Verres be
                found, who will say that everything is lawful for him which is profitable? Will he
                allege in his defence that he has done in accordance with the example set by others,
                what none, except wicked men, ever have done? Oh, but it has been often done in
                  <placeName key="tgn,7003122">Sicily</placeName>. <milestone n="91" unit="chapter"/><milestone unit="Para"/> What is that condition in which <placeName key="tgn,7003122">Sicily</placeName> is? Why is the law of injustice, especially
                defined by a reference to the usages prevalent in that land which, on account of its
                antiquity as our ally, its fidelity, and its nearness to us, ought to enjoy the best
                laws of all? </p></div><div type="textpart" subtype="section" n="212" resp="perseus"><p> However, in <placeName key="tgn,7003122">Sicily</placeName> itself, (I will not go
                abroad to look for examples,) I will take examples out of the very bench of judges
                before me. Caius Marcellus, I call you as a witness. You governed the province of
                  <placeName key="tgn,7003122">Sicily</placeName> when you were proconsul. Under
                your command were any sums of money extorted, under the name of money for the
                granary? I do not give you any credit for this. There are other exploits, other
                designs of yours worthy of the highest praise, measures by which you recovered and
                set up again an afflicted and ruined province. For even Lepidus whom you succeeded
                had not committed this fraud about the granary. What precedents then have you in
                  <placeName key="tgn,7003122">Sicily</placeName> affecting this charge about the
                granary, if you cannot defend yourself from the accusation by quoting any action
                even of Lepidus, much less any action of Marcellus? </p></div><div type="textpart" subtype="section" n="213" resp="perseus"><p> Are you going to bring me back to the valuation of the corn, and the exaction of
                money by Marcus Antonius? Just so, says he; to the valuation of Marcus Antonius. For
                this is what he seemed to mean by his signs and nods. Out of all the praetors of the
                Roman people then, and consuls, and generals, have you selected Marcus Antonius, and
                even the most infamous action done by him, for your imitation? And here is it
                difficult for me to say, or for the judges to think, that in that unlimited
                authority Marcus Antonius behaved himself in such a manner, that it is by far more
                injurious to Verres to say that as he, in a most infamous transaction, wished to
                imitate Antonius, than if he were able to allege in his defence, that he had never
                in his whole life done anything like Marcus Antonius? Men in trials are accustomed
                to allege, in making a defence against an accusation, not what any one did, but what
                he did that was good. In the middle of his course of injustice and covetousness
                death overtook Antony, while he was still both doing and planning many things
                contrary to the safety of the allies many things contrary to the advantage of our
                provinces. Will you defend the audacity of Verres by the example of Antonius, as if
                the senate and people of <placeName key="perseus,Rome">Rome</placeName> approved of
                all his actions and designs? </p></div><milestone n="92" unit="chapter"/><milestone unit="Para"/><div type="textpart" subtype="section" n="214" resp="perseus"><p> But Sacerdos did the same. You name an upright man, and one endued with the
                greatest wisdom; but he can only be thought to have done the same thing, if he did
                it with the same intention. For the mere fact of the valuation has never been found
                fault with by me; but the equity of it depends on the advantage to, and willingness
                of the cultivator. No valuation can be found fault with, which is not only not
                disadvantageous, but which is even pleasing to the cultivator. Sacerdos, when he
                came into the province, commanded corn to be provided for the granary. As before the
                new harvest came in a <foreign xml:lang="la">modius</foreign> of wheat was five
                  <foreign xml:lang="la">denarii</foreign>, the cities begged of him to have a
                valuation. The valuation wee somewhat lower than the actual market price, for he
                valued it at three <foreign xml:lang="la">denarii</foreign>. You see that the same
                fact of a valuation, through the dissimilarity of the occasion, was a cause of
                praise in his instance, of accusation in yours. In his instance it was a kindness,
                in yours an injury. </p></div><div type="textpart" subtype="section" n="215" resp="perseus"><p> The same year Antonius valued corn at three <foreign xml:lang="la">denarii</foreign>, after the harvest, in a season of exceeding cheapness, when
                the cultivators would rather give the corn for nothing, and he said that he had
                valued it at the same price as Sacerdos; and he spoke truly, but yet' by the same
                valuation the one had relieved the cultivators, the other had ruined them. And if it
                were not the case that the whole value of corn must be estimated by the season, and
                the market price, not by the abundance, nor by the total amount, these <foreign xml:lang="la">modii</foreign> and a half of yours, O Hortensius, would never have
                been so agreeable; in distributing which to the Roman people, for every head, small
                as the quantity was, you did an action which was most agreeable to all men; for the
                dearness of corn caused that, which seemed a small thing in reality, to appear at
                that time a great one. If you had given such a largess to the Roman people in a time
                of cheapness, your kindness would have been derided and despised. </p></div><milestone n="93" unit="chapter"/><milestone unit="Para"/><div type="textpart" subtype="section" n="216" resp="perseus"><p> Do not, therefore, say that Verres did the same as Sacerdos had done, since he did
                not do it on the same occasion, nor when wheat was at a similar price; say rather,
                since you have a competent authority to quote, that he did for three years what
                Antonius did on his arrival, and with reference to scarcely a month's provisions,
                and defend his innocence by the act and authority of Marcus Antonius. For what will
                you say of Sextus Peducaeus, a most brave and honest man? What cultivator ever
                complained of him? or who did not think that his praetorship was the most impartial
                and the most active one that has ever been known up to this time? He governed the
                province for two years, when one year wee a year of cheapness, the other a year of
                the greatest dearness. Did any cultivator either give him money in the cheap season,
                or in the dear season complain of the valuation of his corn? Oh, but provisions were
                very abundant that dear season. </p></div><div type="textpart" subtype="section" n="217" resp="perseus"><p> I believe they were; that is not a new thing nor a blamable one. We very lately
                saw Caius Sentius, a man of old-fashioned and extraordinary incorruptibility, on
                account of the dearness of food which existed in <placeName key="tgn,7006667">Macedonia</placeName>, make a great deal of money by furnishing provisions. So
                that I do not grudge you your profits, if any have come to you legally; I complain
                of your injustice; I impeach your dishonesty; I cat your avarice into court, and
                arraign it before this tribunal. <milestone unit="Para"/>But if you wish to excite a
                suspicion that this charge belongs to more men and more provinces than one, I will
                not be afraid of that defence of yours, but I will profess myself the defender of
                all the provinces. In truth I say this, and I say it with a loud voice, “Wherever
                this has been done, it has been done wickedly; whoever has done it is deserving of
                punishment.” </p></div><milestone n="94" unit="chapter"/><milestone unit="Para"/><div type="textpart" subtype="section" n="218" resp="perseus"><p> For, in the name of the immortal gods, see, O judges, look forward with your
                mind's eye at what will be the result. Many men have exacted large sums from
                unwilling cities, and from unwilling cultivators, in this way, under pretence of
                filling the granary. (I have no idea of any one person having done so except him,
                but I grant you this, and I admit that many have.) In the case of this man you see
                the matter brought before a court of justice; what can you do? can you, when you are
                judges in a case of embezzlement which is brought before you, overlook the
                misappropriation of so large a sum? or can you, though the law was made for the sake
                of the allies, turn a deaf ear to the complaints of the allies? </p></div><div type="textpart" subtype="section" n="219" resp="perseus"><p> However, I give up this point too to you. Disregard what is past, if you please;
                but do not destroy their hopes for the future, and ruin all the provinces; guard
                against this,—against opening, by your authority, a visible and broad way for
                avarice, which up to this time has been in the habit of advancing by secret and
                narrow paths; for if you approve of this, and if you decide that it is lawful for
                money to be taken on that pretext, at all events there is no one except the most
                foolish of men who will not for the future do what as yet no one except the most
                dishonest of men ever has done; they are dishonest men who exact money contrary to
                the laws, they are fools who omit to do what it has been decided that they may do.
              </p></div><div type="textpart" subtype="section" n="220" resp="perseus"><p> In the next place, see, O judges, what a boundless licence for plundering people
                of money you will he giving to men. If the man who exacts three <foreign xml:lang="la">denarii</foreign> is acquitted, some one else will exact four, five,
                presently ten, or even twenty. What reproof will he meet with? At what degree of
                injury will the severity of the judge first begin to make a stand? How many <foreign xml:lang="la">denarii</foreign> will it be that will be quite intolerable? and at
                what point will the iniquity and dishonesty of the valuation be first arraigned? For
                it is not the amount, but the description of valuation that will be approved of by
                you. Nor can you decide in this manner, that it is lawful for a valuation to be made
                when the price fixed is three <foreign xml:lang="la">denarii</foreign>, but not
                lawful when the price fixed is ten; for when a departure is once made from the
                standard of the market price, and when the affair is once so changed that it is not
                the advantage of the cultivators which is the rule, but the will of the praetor,
                then the manner of valuing no longer depends on law and duty, but on the caprice and
                avarice of men. <milestone n="95" unit="chapter"/><milestone unit="Para"/>
                Wherefore, if in giving your decisions you once pass over the boundary of equity and
                law, know that you impose on those who come after no limit to dishonesty and avarice
                in valuing. </p></div></div></div></div></body></text></TEI>
                </passage>
            </reply>
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