<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-eng2:2.1.107-2.1.120</requestUrn>
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            <reply>
                <urn>urn:cts:latinLit:phi0474.phi005.perseus-eng2:2.1.107-2.1.120</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="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 type="textpart" subtype="section" n="113" resp="perseus"><p> O most infamous of men, why did you do so great an injury to Publius Annius after
                death? Why did you cause such indelible grief to his ashes and bones, as to take
                from his children the property of their father given to then? by the will of their
                father in accordance with the law and with the statutes, and to give them to
                whomsoever you pleased? Shall the praetor be able, when we are dead, to take away
                our property and our fortunes from those to whom we give them while alive? He says,
                “I will neither give any right of petition, nor possession.” Will you, then, take
                away from a young girl her purple-bordered robe? Will you take away, not only the
                ornaments of her fortune, but those also denoting her noble birth? Do we marvel that
                the citizens of <placeName key="tgn,7002579">Lampsacus</placeName> flew to arms
                against that man? Do we marvel that when he was leaving his province, he fled
                secretly from <placeName key="perseus,Syracuse">Syracuse</placeName> as if we were
                as indignant at what happens to others as at our own injury there would not be a
                relic of that man left to appear in the forum. </p></div><div type="textpart" subtype="section" n="114" resp="perseus"><p> The father gives to his daughter: you forbid it. The laws allow it: yet you
                interpose your authority. He gives to her of his own property in such a manner as
                not to infringe any law. What do you find to blame in that? Nothing, I think. But I
                allow you to do so. Forbid it if you can; if you can find any one to listen to you;
                if any one can possibly obey your order. Will you take away their will from the
                dead,—their property from the living,—their rights from all men? Would not the Roman
                people have avenged itself by force if it had not reserved you for this occasion and
                for this trial? Since the establishment of the praetorian power, we have always
                adopted this principle,—that if no will was produced, then possession was given to
                that person who would have had the best right to be the heir, if the deceased had
                died intestate. Why this is the most righteous principle it is easy to show; but in
                a matter so established by precedent it is sufficient to point out that all men had
                previously laid down the law in this way, and that this was the ancient and
                customary edict.</p></div><milestone n="45" unit="chapter"/><milestone unit="Para"/><div type="textpart" subtype="section" n="115" resp="perseus"><p> Listen to another new edict of the fellow in a case of frequent occurrence; and
                then, while there is any place where civil law can be learnt, pray send all the
                youths of <placeName key="perseus,Rome">Rome</placeName> to his lectures. The genius
                of the man is marvellous; his prudence is marvellous. A man of the name of Minucius
                died while he was praetor. He left no will. By law his inheritance passed to the
                Minucian family. If Verres had issued the edict which all praetors both before and
                after him did issue, possession would have been given to the Minucian family. If any
                thought himself heir by will, though no will was known, he might proceed by law to
                put forward his claim to the inheritance; or if he had taken security for the claim,
                and given security, he then proceeded to try an action for his inheritance. This is
                the law which, as I imagine, both our ancestors and we ourselves have always been
                accustomed to. See, now, how that fellow amended it. </p></div><div type="textpart" subtype="section" n="116" resp="perseus"><p> He composes an edict;—such language that any one can perceive that it was written
                for the sake of one individual. He all but names the man; he details his whole
                cause; he disregards right, custom, equity, the edicts of all his predecessors.
                “According to the edict of the city praetor,—if any doubt arises about an
                inheritance, if the possessor does not give security....” What is it to the praetor
                which is the possessor? Is not this the point which ought to be inquired into, who
                ought to be the possessor? Therefore, because he is in possession, you do not remove
                him from the possession. If he were not in possession, you would not give him
                possession. For you nowhere say so; nor do you embrace anything else in your edict
                except that cause for which you had received money. What follows is ridiculous. </p></div><div type="textpart" subtype="section" n="117" resp="perseus"><p> “If any doubt arises about an inheritance, and if testamentary papers are produced
                before me, sealed with not fewer seals than are required by law, I shall adjudge the
                inheritance as far as possible according to the testamentary papers.” So far is
                usual. This ought to follow next: “If testamentary papers are not produced....” What
                says he? That he will adjudge it to him who says he is the heir. What, then, is the
                difference whether testamentary papers are produced or not? If he produces them,
                though they may have only one seal less than is required by law, you will not give
                him possession; but if he produces no such papers at all, you will. What shall I say
                now? That no one else ever issued a similar edict afterwards? A very marvellous
                thing, truly, that there should have been no one who chose to be considered like
                that fellow! He himself, in his Sicilian edict, has not this passage. No; for he had
                received his payment for it. And so in the edict which I have mentioned before,
                which he issued in <placeName key="tgn,7003122">Sicily</placeName>, about giving
                possession of inheritances, he laid down the same rules which all the praetors at
                  <placeName key="perseus,Rome">Rome</placeName> had laid down besides himself. From
                the Sicilian edict,—“If any doubt arise about an inheritance...”</p></div><milestone n="46" unit="chapter"/><milestone unit="Para"/><div type="textpart" subtype="section" n="118" resp="perseus"><p> But, in the name of the immortal gods, what can possibly be said of this business?
                For I ask of you now a second time, as I did just now, with reference to the affair
                of Annia, about the inheritance of females,—I ask you now, I say, about the
                possession of inheritances,—why you were unwilling to transfer those paragraphs into
                your provincial edict? Did you think those men who were living in the province more
                worthy to enjoy just laws than we were? Or is one thing just in <placeName key="perseus,Rome">Rome</placeName> and another in <placeName key="tgn,7003122">Sicily</placeName>? For you cannot say in this place that there are many things
                in the province which require to be regulated differently from what they would if
                they existed at <placeName key="perseus,Rome">Rome</placeName>; at all events not in
                the case of taking possession of inheritances, or of the inheritances of women. For
                in both these cases I see that nor only all other magistrates, but that you
                yourself, have issued edicts word for word the same as those which are accustomed to
                be issued at <placeName key="perseus,Rome">Rome</placeName>. The clauses which, with
                great disgrace and for a great bribe, you had inserted in your edict at <placeName key="perseus,Rome">Rome</placeName>, those alone, I see, you omitted in your
                Sicilian edict, in order not to incur odium in the province for nothing. </p></div><div type="textpart" subtype="section" n="119" resp="perseus"><p> And as, while he was praetor elect, he composed his whole edict at the pleasure of
                those who bought law of him to secure their own advantage; so also, when he had
                entered on his office, he used to make decrees contrary to his edict without the
                slightest scruple. Therefore, Lucius Piso filled many books with the affairs in
                which he had interposed his authority, because Verres had decreed in a manner
                contrary to his edict. And I think that you have not forgotten what a multitude and
                what respectable citizens used to assemble before Piso's seat while that man was
                praetor, and unless he had had him for a colleague, he would have been stoned in the
                very forum. But his injuries at that time appeared of less importance, because there
                was a refuge always ready in the justice and prudence of Piso, whom men could apply
                to without any labour, or any trouble, or any expense, and even without a patron to
                recommend them. </p></div><div type="textpart" subtype="section" n="120" resp="perseus"><p> For, I entreat you, recall to your recollection, O judges, what licence that
                fellow took in determining the law; how great a variation there was in his decrees,
                what open buying and selling of justice; how empty the houses of all those men who
                were accustomed to be consulted on points of civil law, how full and crammed was the
                house of Chelidon. And when men had come from that woman to him, and had whispered
                in his ear, at one time he would recall those between whom he had just decided, and
                alter his decree; at another time he, without the least scruple, gave a decision
                between other parties quite contrary to the last decision which he had given only a
                little while before. </p></div></div></div></div></body></text></TEI>
                </passage>
            </reply>
            </GetPassage>