<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-eng2:2.1.105-2.1.112</requestUrn>
            </request>
            <reply>
                <urn>urn:cts:latinLit:phi0474.phi005.perseus-eng2:2.1.105-2.1.112</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="1"><div type="textpart" subtype="section" n="105" resp="perseus"><p> That fellow, being praetor elect, (whether being instigated by others, or being
                tempted by circumstances, or whether, from the instinctive sagacity which he has in
                such matters, he came of his own accord to this rascality, without any prompter,
                without any informer, I know not; you only know the audacity and insanity of the
                man,) appeals to Lucius Annius as the heir, (who indeed was appointed heir after the
                daughter,) for I cannot be persuaded that Verres was appealed to by him; he says
                that he can give him the inheritance by an edict; he instructs the man in what can
                be done. To the one the property appeared desirable, the other thought that he could
                sell it. Verres, although he is of singular audacity, still sent privately to the
                young girl's mother; he preferred taking money for not issuing any new edict, to
                interposing so shameful and inhuman a decree. </p></div><div type="textpart" subtype="section" n="106" resp="perseus"><p> Her guardians, if they gave money to the praetor in the name of their ward,
                especially if it were a huge sum, did not see how they could enter it in their
                accounts; did not see how they could give it except at their own risk; and at the
                same time they did not believe that he would be so wicked. Being often applied to,
                they refused. I pray you, take notice, how equitable a decree he issued at the will
                of the man to whom he was giving the inheritance of which the children were robbed.
                “As I understand that the <foreign xml:lang="la">Lex Voconia</foreign> ... ” Who
                would ever believe that Verres would be an adversary of women? or did he do
                something contrary to the interests of women, in order that the whole edict might
                not appear to have been drawn up at the will of Chelidon. He wishes, he says, to
                oppose the covetousness of men. Oh, certainly. Who, not only in the present age, but
                even in the times of our ancestors, was ever so far removed from covetousness?
                Recite what comes next, I beg; for the gravity of the man, his knowledge of the law,
                and his authority delight me. “Who, since the censorship of Aulus Postumius and
                Quintus Fulvius, has made, or shall have made....” Has made, or shall have made! who
                ever issued an edict in such a manner? </p></div><div type="textpart" subtype="section" n="107" resp="perseus"><p> Who ever proposed by an edict any penalty or danger for an act which could not be
                provided for otherwise either before the edict or after the edict? <milestone n="42" unit="chapter"/><milestone unit="Para"/> Publius Annius had made his will in
                accordance with law, with the statutes, with the authority of all who were
                consulted; a will neither improper, nor made in disregard of any duty, nor contrary
                to human nature. But even if he had made such a will as that, still, after his death
                no new law ought to have been enacted which should have any effect on his will. I
                suppose the Voconian law pleased you greatly? You should have imitated Quintus
                Voconius himself, who did not by his law take away her inheritance from any female
                whether virgin or matron, but established a law for the future, that no one who
                after the year of the existing censors should be enrolled in the census, should make
                either virgin or matron his heir. </p></div><div type="textpart" subtype="section" n="108" resp="perseus"><p> In the Voconian law, there is no “has made or shall have made.” Nor in any law is
                time past ever implicated in blame, except in cases which are of their own nature
                wicked and nefarious, so that, even if there were no law, they would be strenuously
                to be avoided. And in these cases we see that many things are established by law in
                such a way that things done previously cannot be called in question—the Cornelian
                law the law about testaments, the law about money, and many others, in which no new
                law is established in the nation, but it is established that what has always been an
                evil action shall be liable to public prosecution up to a certain time. </p></div><div type="textpart" subtype="section" n="109" resp="perseus"><p> But if any one establishes any new regulation on any points of civil law, does he
                allow everything which has been previously done to remain unaltered? Look at the
                Atinian law, at the Furian law, at the Voconian law itself, as I said before; in
                short, at every law on the subject of civil rights; you will find in all of them
                that regulations are established which are only to come into operation after the
                passing of the law. Those who attribute the greatest importance to the edict, say
                that the edict of the praetor is an annual law. You embrace more in an edict than
                you can in a law. If the first of January puts an end to the edict of the praetor,
                why does not the edict have its birth also on the first of January? Or, is it the
                case that no one can advance forward by his edict into the year when another man is
                to be praetor, but that he may retire back into the year when another man has been
                praetor? And if you had published this edict for the sake of right, and not for the
                sake of one man, you would have composed it more carefully. </p></div><milestone n="43" unit="chapter"/><milestone unit="Para"/><div type="textpart" subtype="section" n="110" resp="perseus"><p> You write, “If any one has made, or shall have made his heir......” What are we to
                think? Suppose a man has bequeathed in legacies more than comes to his heir or
                heirs, as by the Voconian law a man may do who is not included in the census? Why do
                you not guard against this, as it comes under the same class? Because in your
                expressions you are not thinking of the interests of a class, but of an individual;
                so that it is perfectly evident that you were influenced by a desire for money. And
                if you had issued this edict with only a prospective operation, it would have been
                less iniquitous; still it would have been scandalous: but in that case, though it
                might have been blamed, it could not have been doubted about, for no one would have
                broken it. Now it is an edict of such a sort, that any one can see that it was
                written, not for the people, but for the second heir of Publius Annius. </p></div><div type="textpart" subtype="section" n="111" resp="perseus"><p> Therefore, though that heading had been embellished by you with so many words, and
                with that mercenary preamble, was any praetor found afterwards to draw up an edict
                in similar style? Not only no one ever did publish such an edict, but no one was
                ever apprehensive even of any one publishing such an edict. For after your
                praetorship many people made wills in the same manner, and among them Annia did so
                lately. She, by the advice of many of her relations, being a wealthy woman, because
                she was not included in the census, by her will made her daughter her heiress. This,
                now, is great proof of men's opinion of the singular wickedness of that fellow,
                that, though Verres had established this of his own accord, yet no one was
                apprehensive that any one could be found to adopt the rule which he had laid down.
                For you alone were found to be a man who could not be satisfied with correcting the
                wills of the living, unless you also rescinded those of the dead. </p></div><div type="textpart" subtype="section" n="112" resp="perseus"><p> You yourself removed this clause from your Sicilian edict. You wished, if any
                matters arose unexpectedly, to decide them according to your edict as praetor of the
                city. The defence which you left yourself afterwards you yourself greatly injured,
                when you yourself, in your provincial edict, repudiated your own authority.
                  <milestone n="44" unit="chapter"/><milestone unit="Para"/> And I do not doubt that
                as this action appears bitter and unworthy to me, to whom my daughter is very dear,
                it appears so also to each one of you who is influenced by a similar feeling and
                love for his daughters. For what has nature ordained to be more agreeable and more
                dear to us? What is more worthy to have all our affections and all our indulgence
                expended upon it? </p></div></div></div></div></body></text></TEI>
                </passage>
            </reply>
            </GetPassage>