<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-eng2:1.1.1-1.1.16</requestUrn>
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            <reply>
                <urn>urn:cts:latinLit:phi0474.phi005.perseus-eng2:1.1.1-1.1.16</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="1"><div type="textpart" subtype="book" n="1"><div type="textpart" subtype="section" n="1" resp="perseus"><p>That which was above all things to be desired, O judges, and which above all things
                was calculated to have the greatest influence towards allaying the unpopularity of
                your order, and putting an end to the discredit into which your judicial decisions
                have fallen, appears to have been thrown in your way, and given to you not by any
                human contrivance, but almost by the interposition of the gods, at a most important
                crisis of the republic. For an opinion has now become established, pernicious to us,
                and pernicious to the republic, which has been the common talk of every one, not
                only at <placeName key="perseus,Rome">Rome</placeName>, but among foreign nations
                also,—that in the courts of law as they exist at present, no wealthy man, however
                guilty he may be, can possibly be convicted.</p></div><div type="textpart" subtype="section" n="2" resp="perseus"><p> Now at this time of peril to your order and to your tribunals, when men are ready
                to attempt by harangues, and by the proposal of new laws, to increase the existing
                unpopularity of the senate, Caius Verres is brought to trial as a criminal, a man
                condemned in the opinion of every one by his life and actions, but acquitted by the
                enormousness of his wealth according to his own hope and boast. I, O judges, have
                undertaken this cause as prosecutor with the greatest good wishes and expectation on
                the part of the Roman people, not in order to increase the unpopularity of the
                senate, but to relieve it from the discredit which I share with it. For I have
                brought before you a man, by acting justly in whose case you have an opportunity of
                retrieving the lost credit of your judicial proceedings, of regaining your credit
                with the Roman people, and of giving satisfaction to foreign nations; a man, the
                embezzler of the public funds, the petty tyrant of <placeName key="tgn,1000004">Asia</placeName> and <placeName key="tgn,7002611">Pamphylia</placeName>, the
                robber who deprived the city of its rights, the disgrace and ruin of the province of
                  <placeName key="tgn,7003122">Sicily</placeName>.</p></div><div type="textpart" subtype="section" n="3" resp="perseus"><p> And if you come to a decision about this man with severity and a due regard to
                your oaths, that authority which ought to remain in you will cling to you still; but
                if that man's vast riches shall break down the sanctity and honesty of the courts of
                justice, at least I shall achieve this, that it shall be plain that it was rather
                honest judgment that was wanting to the republic, than a criminal to the judges, or
                an accuser to the criminal. <milestone n="2" unit="chapter"/><milestone unit="Para"/> I, indeed, that I may confess to you the truth about myself, O judges, though
                many snares were laid for me by Caius Verres, both by land and sea, which I partly
                avoided by my own vigilance, and partly warded off by the zeal and kindness of my
                friends, yet I never seemed to be incurring so much danger, and I never was in such
                a state of great apprehension, as I am now in this very court of law.</p></div><div type="textpart" subtype="section" n="4" resp="perseus"><p>Nor does the expectation which people have formed of my conduct of this
                prosecution, nor this concourse of so vast a multitude as is here assembled,
                influence me (though indeed I am greatly agitated by these circumstances) so much as
                his nefarious plots which he is endeavouring to lay at one and the same time against
                me, against you, against Marcus Gabrio the praetor, and against the allies, against
                foreign nations, against the senate, and even against the very name of senator;
                whose favourite saying it is that they have got to fear who have stolen only as much
                as is enough for themselves, but that he has stolen so much that it may easily be
                plenty for many; that nothing is so holy that it cannot be corrupted, or so strongly
                fortified that it cannot be stormed by money.</p></div><div type="textpart" subtype="section" n="5" resp="perseus"><p>But if he were as secret in acting as he is audacious in attempting, perhaps in
                some particular he might some time or other have escaped our notice. But it happens
                very fortunately that to his incredible audacity there is joined a most unexampled
                folly. For as he was unconcealed in committing his robberies of money, so in his
                hope of corrupting the judges he has made his intentions and endeavours visible to
                every one. He says that once only in his life has he felt fear: at the time when he
                was first impeached as a criminal by me; because he was only lately arrived from his
                province, and was branded with unpopularity and infamy, not modern but ancient and
                of long standing; and, besides that, the time was unlucky, being very ill-suited for
                corrupting the judges.</p></div><div type="textpart" subtype="section" n="6" resp="perseus"><p>Therefore, when I had demanded a very short time to prosecute my inquiries in
                  <placeName key="tgn,7003122">Sicily</placeName>, he found a man to ask for two
                days less to make investigations in <placeName key="tgn,7002733">Achaia</placeName>;
                  <note anchored="true">It is not certainly known what Cicero refers to here.</note>
                not with any real intention of doing the same with his diligence and industry, that
                I have accomplished by my labour, and daily and nightly investigations. For the
                Achaean inquisitor never even arrived at <placeName key="perseus,Brundusium">Brundusium</placeName>. I in fifty days so traveled over the whole of <placeName key="tgn,7003122">Sicily</placeName> that I examined into the records and injuries
                of all the tribes and of all private individuals, so that it was easily visible to
                every one, that he had been seeking out a man not really for the purpose of bringing
                the defendant whom he accused to trial, but merely to occupy the time which ought to
                belong to me.</p></div><milestone n="3" unit="chapter"/><milestone unit="Para"/><div type="textpart" subtype="section" n="7" resp="perseus"><p> Now that most audacious and most senseless man thinks this. He is aware that I am
                come into court so thoroughly prepared and armed, that I shall fix all his thefts
                and crimes not only in your ears, but in the very eyes of all men. He sees that many
                senators are witnesses of his audacity, he sees that many Roman knights are so too,
                and many citizens, and many of the allies besides to whom he has done unmistakable
                injuries. He sees also that very numerous and very important deputations have come
                here at the same time from most friendly cities, armed with the public authority and
                evidence collected by their states.</p></div><div type="textpart" subtype="section" n="8" resp="perseus"><p>And though this is the case, still he thinks so ill of all virtuous men, to such an
                extent does he believe the decisions of the senators to be corrupt and profligate,
                that he makes a custom of openly boasting that it was not without reason that he was
                greedy of money, since he now finds that there is such protection in money, and that
                he has bought (what was the hardest thing of all) the very time of his trial, in
                order to be able to buy everything else more easily; so that, as he could not by any
                possibility shirk the force of the accusations altogether, he might avoid the most
                violent gusts of the storm.</p></div><div type="textpart" subtype="section" n="9" resp="perseus"><p>But if he had placed any hope at all, not only in his cause, but in any honourable
                defence, or in the eloquence or in the influence of any one, he would not be so
                eager in collecting and catching at all these things; he would not scorn and despise
                the senatorial body to such a degree, as to procure a man to be selected out of the
                senate at his will to be made a criminal of, who should plead his cause <note anchored="true">This refers to the same subject as the previous note.</note>
                before him, while he in the meantime was preparing whatever he had need of.</p></div><div type="textpart" subtype="section" n="10" resp="perseus"><p>And what the circumstances are on which he founds his hopes, and what hopes he
                builds on them, and what he is fixing his mind on. I see clearly. But how he can
                have the confidence to think that he can effect anything with the present praetor,
                and the present bench of Judges, I cannot conceive. This one thing I know, which the
                Roman people perceived too when he rejected <note anchored="true">“In any given case
                  the litigant parties agreed upon a judex, or accepted him whom the magistrates
                  proposed; a party had the power of rejecting a proposed judex, though there must
                  have been some limit to this power.” (<bibl n="Cic. Clu. 43">Cic. Pro Cluent.
                    43.</bibl>) Smith, Dict. Ant. v. <foreign xml:lang="la">Judex</foreign>. What
                  the limits to this power were, or under what restrictions it was exercised, we do
                  not now know.</note> the judges, that his hopes were of that nature that he placed
                all his expectations of safety in his money; and that if this protection were taken
                from him, he thought nothing would be any help to him. <milestone n="4" unit="chapter"/><milestone unit="Para"/> In truth, what genius is there so
                powerful, what faculty of speaking, what eloquence so mighty, as to be in any
                particular able to defend the life of that man, convicted as it is of so many vices
                and crimes, and long since condemned by the inclinations and private sentiments of
                every one?</p></div><div type="textpart" subtype="section" n="11" resp="perseus"><p>And, to say nothing of the stains and disgraces of his youth, what other remarkable
                event is there in his quaestorship, that first step to honour, except that Cnaeus
                Carbo was robbed by his quaestor of the public money? that the consul was plundered
                and betrayed? his army deserted? his province abandoned? the holy nature and
                obligations imposed on him by lot <note anchored="true">Because the provinces which
                  involved all these obligations were distributed by lot to the different
                  magistrates.</note> violated?—whose lieutenancy was the ruin of all <placeName key="tgn,1000004">Asia</placeName> and <placeName key="tgn,7002611">Pamphylia</placeName>, in which provinces he plundered many houses, very many
                cities, all the shrines and temples; when he renewed and repeated against Cnaeus
                Dolabella his ancient wicked tricks when he had been quaestor, and did not only in
                his danger desert, but even attack and betray the man to whom he had been
                lieutenant, and proquaestor, <note anchored="true">“The proconsul or praetor who had
                  the administration of a province was attended by a quaestor. This quaestor had
                  undoubtedly to perform the same offices as those who accompanied the armies into
                  the field..They had also to levy those parts of the public revenue which were not
                  farmed by the publicani.... In the provinces they had the same jurisdiction as the
                  curule aediles at <placeName key="perseus,Rome">Rome</placeName>.... The relation
                  existing between a praetor or proconsul and his quaestor was according to ancient
                  custom regarded as resembling that between a father and his son. When a quaestor
                  died in his province, the praetor had the right to appoint a proquaestor in his
                  stead.”—Smith, Dict. Ant. p. 814, v. <foreign xml:lang="la">Quaestor</foreign>.</note> and whom he had brought into odium by his crimes;</p></div><div type="textpart" subtype="section" n="12" resp="perseus"><p>—whose only praetorship was the destruction of the sacred temples and the public
                works, and, as to his legal decisions, was the adjudging and awarding of property
                contrary to all established rules and precedents. But now he has established great
                and numerous monuments and proofs of all his vices in the province of <placeName key="tgn,7003122">Sicily</placeName>, which he for three years so harassed and
                ruined that it can by no possibility be restored to its former condition, and
                appears scarcely able to be at all recovered after a long series of years, and a
                long succession of virtuous praetors.</p></div><div type="textpart" subtype="section" n="13" resp="perseus"><p>While this man was praetor the Sicilians enjoyed neither their own laws, nor the
                degrees of our senate, nor the common rights of every nation. Every one in
                  <placeName key="tgn,7003122">Sicily</placeName> has only so much left as either
                escaped the notice or was disregarded by the satiety of that most avaricious and
                licentious man. <milestone n="5" unit="chapter"/><milestone unit="Para"/> No legal
                decision for three years was given on any other ground but his will; no property was
                so secure to any man, even if it had descended to him from his father and
                grandfather, but he was deprived of it at his command; enormous sums of money were
                exacted from the property of the cultivators of the soil by a new and nefarious
                system. The most faithful of the allies were classed in the number of enemies. Roman
                citizens were tortured and put to death like slaves; the greatest criminals were
                acquitted in the courts of justice through bribery; the most upright and honourable
                men, being prosecuted while absent, were condemned and banished without being heard
                in their own defence; the most fortified harbours, the greatest and strongest
                cities, were laid open to pirates and robbers; <note anchored="true">The coast of
                    <placeName key="tgn,7003122">Sicily</placeName> being much infested by pirates,
                  it was the custom of the praetors to fit out a fleet every year for the protection
                  of trade. This fleet was provided by a contribution of the maritime towns, each of
                  which usually furnished a ship, properly appointed with men and provisions; but
                  Verres, for a sufficient bribe, often excused them from providing the ship, and
                  always discharged as many men as were willing to pay for it. On one occasion a
                  fleet was fitted out, and the command of it given, not to any Roman officer, but
                  to Cleomenes, a Syracusan, who being both incapable, and also short of hands from
                  the proceedings of Verres, was attacked in the port of Pachynus, two of his ships
                  taken, and the rest burnt, after which the pirates sailed into the port of
                    <placeName key="perseus,Syracuse">Syracuse</placeName>, and returned back in
                  safety; but Verres compelled all the captains of Cleomenes' fleet to sign a
                  document testifying that this disaster had not happened through any deficiency in
                  the equipment of their ships, which were fully provided with everything necessary,
                  and then he put them to death.</note> the sailors and soldiers of the Sicilians,
                our own allies and friends, died of hunger; the best built fleets on the most
                important stations were lost and destroyed, to the great disgrace of the Roman
                people.</p></div><div type="textpart" subtype="section" n="14" resp="perseus"><p>This same man while praetor plundered and stripped those most ancient monuments,
                some erected by wealthy monarchs and intended by them as ornaments for their cities;
                some, too, the work of our own generals, which they either gave or restored as
                conquerors to the different states in <placeName key="tgn,7003122">Sicily</placeName>. And he did this not only in the case of public statues and
                ornaments, but he also plundered all the temples consecrated in the deepest
                religious feelings of the people. He did not leave, in short, one god to the
                Sicilians which appeared to him to be made in a tolerably workmanlike manner, and
                with any of the skill of the ancients. I am prevented by actual shame from speaking
                of his nefarious licentiousness as shown in rapes and other such enormities; and I
                am unwilling also to increase the distress of those men who have been unable to
                preserve their children and their wives unpolluted by his wanton lust.</p></div><div type="textpart" subtype="section" n="15" resp="perseus"><p>But, you will say, these things were done by him in such a manner as not to be
                notorious to all men. I think there is no man who has heard his name who cannot also
                relate wicked actions of his; so that I ought rather to be afraid of being thought
                to omit many of his crimes, than to invent any charges against him. And indeed I do
                not think that this multitude which has collected to listen to me wishes so much to
                learn of me what the facts of the case are, as to go over it with me, refreshing its
                recollection of what it knows already. <milestone n="6" unit="chapter"/><milestone unit="Para"/> And as this is the case, that senseless and profligate man attempts
                to combat me in another manner. He does not seek to oppose the eloquence of any one
                also to me, he does not rely on the popularity, or influence, or authority of any
                one. He pretends that he trusts to these things; but I see what he is really aiming
                at; (and indeed he is not acting with any concealment.) He sets before me empty
                titles of nobility, that is to say the names of arrogant men, who do not hinder me
                so much by being noble, as assist me by being notorious,—he pretends to rely on
                their protection; when he has in reality been contriving something else this long
                time.</p></div><div type="textpart" subtype="section" n="16" resp="perseus"><p>What hope he now has, and what he is endeavouring to do, I will now briefly explain
                to you, O judges. But first of all, remark, I beg you, how the matter has been
                arranged by him from the beginning. When he first returned from the province, he
                endeavoured to get rid of this prosecution by corrupting the judges at a great
                expense; and this object he continued to keep in view till the conclusion of the
                appointment of the judges. After the judges were appointed—because in drawing lots
                for them the fortune of the Roman people had defeated his hopes, and because in
                rejecting some, my diligence had defeated his impudence—the whole attempt at bribery
                was abandoned.</p></div></div></div></div></body></text></TEI>
                </passage>
            </reply>
            </GetPassage>