<GetPassage xmlns:tei="http://www.tei-c.org/ns/1.0" xmlns="http://chs.harvard.edu/xmlns/cts">
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                <requestUrn>urn:cts:latinLit:phi0474.phi005.perseus-eng2:1.1.33-1.1.40</requestUrn>
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            <reply>
                <urn>urn:cts:latinLit:phi0474.phi005.perseus-eng2:1.1.33-1.1.40</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="33" resp="perseus"><p>I will reserve for another time that fruit of praise which may be derived from a
                long uninterrupted speech. At present I must support this accusation by documentary
                evidence, by witnesses, by letters of private individuals and of public bodies, and
                by various other kinds of proof. The whole of this contest is between you and me, O
                Hortensius. I will speak openly. If I thought that you were contending with me in
                the matter of speaking, and of getting rid of the charges I bring against your
                client in this cause, I, too, would devote much pains to mounting an elaborate
                accusation, and to dilating on my charges. Now, since you have determined to contend
                against me with artifice, not so much in obedience to the promptings of your own
                nature, as from consulting his occasions and his cause, it is necessary for me to
                oppose conduct of that sort with prudence.</p></div><div type="textpart" subtype="section" n="34" resp="perseus"><p>Your plan is, to begin to answer me after two sets of games have been celebrated;
                mine is to have the adjournment <note anchored="true">The Latin is, <foreign xml:lang="la">ut comperindinem</foreign>. “<foreign xml:lang="la">Comperendinare</foreign> is, when the cause has been pleaded on each side, to
                  order that on the third day both the defendant and the prosecutor appear to speak
                  a second time.”—Hottoman. “The parties appeared before the judex on the third day
                    (<foreign xml:lang="la">comperendinatio</foreign>), unless the praetor had
                  deferred the <foreign xml:lang="la">judicium</foreign> for some sufficient
                  reason.”—Smith, Dict. Ant. p. 529. v <foreign xml:lang="la">Judex</foreign>.</note> over before the first series. And the result will be,
                that that plan of yours will be thought crafty, but this determination of mine
                  necessary.<milestone n="12" unit="chapter"/><milestone unit="Para"/> But as for
                what I had begun to say,—namely, that the contest is between you and me, this is
                it,—I, when I had undertaken this cause at the request of the Sicilians, and had
                thought it a very honourable and glorious thing for me that they were willing to
                make experiment of my integrity and diligence, who already knew by experience my
                innocence and temperance: then, when I had undertaken this business, I proposed to
                myself some greater action also by which the Roman people should be able to see my
                goodwill towards the republic.</p></div><div type="textpart" subtype="section" n="35" resp="perseus"><p>For that seemed to me to be by no means worthy of my industry and efforts, for that
                man to be brought to trial by me who had been already condemned by the judgment of
                all men, unless that intolerable influence of yours, and that grasping nature which
                you have displayed for some years in many trials, was interposed also in the case of
                that desperate man. But no, since all this dominion and sovereignty of yours over
                the courts of justice delights you so much, and since there are some men who are
                neither ashamed of their licentiousness and their infamy, nor weary of it, and who,
                as if on purpose, seem to wish to encounter hatred and unpopularity from the Roman
                people, I profess that I have undertaken this,—a great burden perhaps, and one
                dangerous to myself, but still worthy of my applying myself to it with all the
                vigour of my age, and all diligence.</p></div><div type="textpart" subtype="section" n="36" resp="perseus"><p>And since the whole order of the senate is weighed down by the discredit brought on
                it by the wickedness and audacity of a few, and is overwhelmed by the infamy of the
                tribunals, I profess myself an enemy to this race of men, an accuser worthy of their
                hatred, a persevering, a bitter adversary. I arrogate this to myself, I claim this
                for myself, and I will carry out this enmity in my magistracy, and from that post in
                which the Roman people has willed that from the next first of January I shall act in
                concert with it in matters concerning the republic, and concerning wicked men. I
                promise the Roman people that this shall be the most honourable and the fairest
                employment of my aedileship. I warn, I forewarn, I give notice beforehand to those
                men who are wont either to put money down, to undertake for others, to receive
                money, or to promise money, or to act as agents in bribery, or as go-betweens in
                corrupting the seat of judgment, and who have promised their influence or their
                impudence in aid of such a business, in this trial to keep their hands and
                inclinations from this nefarious wickedness.</p></div><milestone n="13" unit="chapter"/><milestone unit="Para"/><div type="textpart" subtype="section" n="37" resp="perseus"><p>Hortensius will then be consul with the chief command and authority, but I shall be
                aedile—that is, I shall be a little more than a private individual; and yet this
                business, which I promise that I am going to advocate, is of such a nature, so
                pleasing and agreeable to the Roman people, that the consul himself will appear in
                this cause, if that be possible, even less than a private individual in comparison
                of me. All those things shall not only be mentioned, but even, where certain matters
                have been explained, shall be fully discussed, which for the last ten years, ever
                since the office of the judge has been transferred to the senate, has been
                nefariously and wickedly done in the decision of judicial matters.</p></div><div type="textpart" subtype="section" n="38" resp="perseus"><p>The Roman people shall know from me why it is that when the equestrian body
                supplied the judges for nearly fifty years together, not even the slightest
                suspicion ever arose of bribes having been accepted for the purpose of influencing a
                decision; why it is, I say, when the judicial authority was transferred to the
                senatorial body, and the power <note anchored="true">That is to say, when the power
                  of appealing to the tribunes of the people was taken away.</note> of the Roman
                people over every one of us was taken away, Quintus Calidius, when he was condemned,
                said that a man of praetorian rank could not honestly be condemned at a less price
                than three hundred thousand <foreign xml:lang="la">sesterces</foreign>; why it is
                that when Publius Septimius, a senator, was condemned for extortion, when Quintus
                Hortensius was praetor, damages were assessed against him, including money which he
                had received as judge to decide causes which came before him;</p></div><div type="textpart" subtype="section" n="39" resp="perseus"><p>why it is, that in the case of Caius Herennius, and in that of Caius Popillius,
                senators, both of whom were convicted of peculation—why it is, that in the case of
                Marcus Atilius, who was convicted of treason—this was made plain,—that they had all
                received money for the purpose of influencing their judicial decisions; why it is,
                that senators have been found who, when Caius Verres, as praetor of the city, gave
                out the lots, voted against the criminal whom they were condemning without having
                inquired into his case; why it is, that a senator was found who, when he was judge,
                took money in one and the same trial both from the defendant to distribute among the
                judges, and from the accuser to condemn the defendant.</p></div><div type="textpart" subtype="section" n="40" resp="perseus"><p>But how shall I adequately complain of that stain, that disgrace, that calamity of
                the whole senatorial order,—that this thing actually happened in the city while the
                senatorial order furnished the judges, that the votes of men on their oaths were
                marked by coloured tablets? I pledge myself that I will urge all these things with
                diligence and with strictness. <milestone n="14" unit="chapter"/><milestone unit="Para"/> And what do you suppose will be my thoughts, if I find in this very
                trial any violation of the laws committed in any similar manner? especially when I
                can prove by many witnesses that Caius Verres often said in <placeName key="tgn,7003122">Sicily</placeName>, in the hearing of many persons, “that he had
                a powerful friend, in confidence in whom he was plundering the province; and that he
                was not seeking money for himself alone, but that he had so distributed the three
                years of his Sicilian praetorship, that he should say he did exceedingly well, if he
                appropriated the gains of one year to the augmentation of his own property, those of
                the second year to his patrons and defenders, and reserved the whole of the third
                year, the most productive and gainful of all, for the judges.”</p></div></div></div></div></body></text></TEI>
                </passage>
            </reply>
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