<GetPassage xmlns:tei="http://www.tei-c.org/ns/1.0" xmlns="http://chs.harvard.edu/xmlns/cts">
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            <reply>
                <urn>urn:cts:latinLit:phi0474.phi005.perseus-eng2:1.1.37-1.1.50</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="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 type="textpart" subtype="section" n="41" resp="perseus"><p>From which it came into my mind to say that which, when I had said lately before
                Marcus Glabrio at the time of striking the list of judges, I perceived the Roman
                people greatly moved by; that I thought that foreign nations would send ambassadors
                to the Roman people to procure the abrogation of the law, and of all trials, about
                extortion; for if there were no trials, they think that each man would only plunder
                them of as much as he would think sufficient for himself and his children; but now,
                because there are trials of that sort, every one carries off as much as it will take
                to satisfy himself, his patrons, his advocates, the praetor, and the judges; and
                that this is an enormous sum; that they may be able to satisfy the cupidity of one
                most avaricious man, but are quite unable to incur the expense of his most guilty
                victory over the laws.</p></div><div type="textpart" subtype="section" n="42" resp="perseus"><p>O trials worthy of being recorded! O splendid reputation of our order! when the
                allies of the Roman people are unwilling that trials for extortion should take
                place, which were instituted by our ancestors for the sake of the allies. Would that
                man ever have had a favourable hope of his own safety, if he had not conceived in
                his mind a bad opinion of you? on which account, he ought, if possible, to be still
                more hated by you than he is by the Roman people, because he considers you like
                himself in avarice and wickedness and perjury.</p></div><milestone n="15" unit="chapter"/><milestone unit="Para"/><div type="textpart" subtype="section" n="43" resp="perseus"><p>And I beg you, in the name of the immortal gods, O judges, think of and guard
                against this; I warn you, I give notice to you, of what I am well assured, that this
                most seasonable opportunity has been given to you by the favour of the gods, for the
                purpose of delivering your whole order from hatred, from unpopularity, from infamy,
                and from disgrace. There is no severity believed to exist ill the tribunals, nor any
                scruples with regard to religion; in short, there are not believed to be any
                tribunals at all. Therefore we are despised and scorned by the Roman people; we are
                branded with a heavy and now a long standing infamy.</p></div><div type="textpart" subtype="section" n="44" resp="perseus"><p>Nor, in fact, is there any other reason for which the Roman people has with so much
                earnestness sought the restoration of the tribunician power: but when it was
                demanding that in words, it seemed to be asking for that, but in reality it was
                asking for tribunes which it could trust. And this did not escape the notice of
                Quintus Catulus, a most sagacious and honourable man, who, when Cnaeus Pompeius, a
                most gallant and illustrious man, made a motion about the tribunitian power, and
                when he was asked his opinion, begin his speech in this manner, speaking with the
                greatest authority, “that the conscript fathers presided over the courts of justice
                badly and wickedly; but if in deciding judicial trials they had been willing to
                satisfy the expectations of the Roman people, men would not so greatly regret the
                tribunitian power?”</p></div><div type="textpart" subtype="section" n="45" resp="perseus"><p>Lastly, when Cnaeus Pompeius himself, when first he delivered an address to the
                people as consul elect, mentioned (what seemed above all things to be watched for)
                that he would restore the power of the tribunes, a great shout was raised at his
                words, and a grateful murmur pervaded the assembly. And when he had said also in the
                same assembly “that the provinces were depopulated and tyrannised over, that the
                courts of justice were become base and wicked, and that he desired to provide for
                and to remedy that evil,” the Roman people then signified their good will, not with
                a shout, but with a universal uproar.</p></div><milestone n="16" unit="chapter"/><milestone unit="Para"/><div type="textpart" subtype="section" n="46" resp="perseus"><p>But now men are on the watch towers; they observe how every one of you behaves
                himself in respecting religion and in preserving the laws. They see that, ever since
                the passing of the law for restoring the power of the tribunes, only one senator,
                and he too a very insignificant one, <note anchored="true">The senator was
                  Dolabella</note> has been condemned. And though they do nor blame this, yet they
                have nothing which they can very much commend. For there is no credit in being
                upright in a case where there is no one who is either able or who endeavours to
                corrupt one.</p></div><div type="textpart" subtype="section" n="47" resp="perseus"><p>This is a trial in which you will be deciding about the defendant, the Roman people
                about you;—by the example of what happens to this man it will be determined whether,
                when senators are the judges, a very guilty and a very rich man can be condemned.
                Moreover, he is a criminal of such a sort, that there is absolutely nothing whatever
                in him except the greatest crimes, and excessive riches; so that if he be acquitted,
                no other opinion can be formed of the matter except that which is the most
                discreditable possible. Such numerous and enormous vices as his will not be
                considered to have been canceled by influence, by family connection, by some things
                which may have been done well, or even by the minor vices of flattery and
                subservience.</p></div><div type="textpart" subtype="section" n="48" resp="perseus"><p>In short, I will conduct the cause in this manner; I will bring forward things of
                such a sort, so well known, so proved by evidence, so important, and so undeniable,
                that no one shall venture to use his influence to obtain from you the acquittal of
                that man; for I have a sure path and method by which I can investigate and become
                acquainted with all their endeavours. The matter will be so managed by me that not
                only the ears but even the eyes of the Roman people shall seem to be present at all
                their counsels.</p></div><div type="textpart" subtype="section" n="49" resp="perseus"><p>You have in your power to remove and to eradicate the disgrace and infamy which has
                now for many years attached to your order. It is evident to all men, that since
                these tribunals have been established which we now have, there has never been a
                bench of judges of the same splendour and dignity as this. <note anchored="true">Cicero several times in these orations takes credit to himself for his industry
                  and intrepidity in striking all judges liable to suspicion off the list of those
                  who were to try this case.</note> If anything is done wrongly in this case, all
                men will think not that other more capable judges should be appointed of the same
                order of men, which is not possible; but that another order must be sought for, from
                which to select the judges for the future.</p></div><milestone n="17" unit="chapter"/><milestone unit="Para"/><div type="textpart" subtype="section" n="50" resp="perseus"><p>On which account, in the first place, I beg this of the immortal gods, which I seem
                to myself to have hopes of too, that in this trial no one may be found to be wicked
                except him who has long since been found to be such; secondly, if there are many
                wicked men, I promise this to you, O judges, I promise this to the Roman people,
                that my life shall fail rather than my vigour and perseverance in prosecuting their
                iniquity.</p></div></div></div></div></body></text></TEI>
                </passage>
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