<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-eng2:2.1.135-2.1.148</requestUrn>
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            <reply>
                <urn>urn:cts:latinLit:phi0474.phi005.perseus-eng2:2.1.135-2.1.148</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="135" resp="perseus"><p> This unprecedented resolve, and the unexpected calamity of the minor, is
                immediately reported to Caius Mustius, the step-father of the youth, who is lately
                dead; to Marcus <persName><surname>John Adams</surname></persName>, his uncle, and
                to Publius Potitius, his guardian, a most frugal man. They report the business to a
                man of the greatest consideration, of the greatest benevolence and virtue, Marcus
                Marcellus, who was also a guardian of the minor. Marcus Marcellus comes to Verres;
                he begs of him with many arguments, in the name of his own good faith and diligence
                in his office, not to endeavour to deprive
                  <persName><surname>Junius</surname></persName> his ward of his father's fortune by
                the greatest injustice. Verres, who had already in hope and belief devoured that
                booty, was neither influenced by the justice of Marcus Marcellus's argument, nor by
                his authority. And therefore he answered that he should proceed with the
                examination, according to the orders which he had given. </p></div><div type="textpart" subtype="section" n="136" resp="perseus"><p> As they found that or all applications to this man were ineffectual, all access to
                him difficult, and almost impossible, being, as he was, a man with whom neither
                right, nor equity, nor mercy, nor the arguments of a relation, nor the wishes of a
                friend, nor the influence of any one had any weight, they resolve that the best
                thing which they could do, as indeed might have occurred to any one, was to beg
                Chelidon for her aid, who, while Verres was praetor, was not only the real judge in
                all civil law, and in the disputes of all private individuals, but who was supreme
                also in this affair of the repairs of the public buildings. </p></div><milestone n="52" unit="chapter"/><milestone unit="Para"/><div type="textpart" subtype="section" n="137" resp="perseus"><p> Caius Mustius, a Roman knight, a farmer of the revenues, a man of the very highest
                honour, came to Chelidon. Marcus <persName><surname>Junius</surname></persName>, the
                uncle of the youth, a most frugal and temperate man, came to her; a man who shows
                his regard for his high rank by the greatest honour, and modesty, and attention to
                his duties. Publius Potitius, his guardian, came to her. Oh that praetorship of
                yours, bitter to many, miserable, scandalous? To say nothing of other points, with
                what shame, with what indignation, do you think that such men as these went to the
                house of a prostitute? men who would have encountered such disgrace on no account,
                unless the urgency of their duty and of their relationship to the injured youth had
                compelled them to do so. They came, as I say, to Chelidon. The house was full; new
                laws, new decrees, new decisions were being solicited: “Let him give me possession.”
                ... “Do not let him take away from me.”... “Do not let him give sentence against
                me.”.... “Let him adjudge the property to me.” Some were paying money, some were
                signing documents. The house was full, not with a prostitute's train, but rather
                with a crowd seeking audience of the praetor. </p></div><div type="textpart" subtype="section" n="138" resp="perseus"><p> As soon as they can get access to her, the men whom I have mentioned go to her.
                Mustius speaks, he explains the whole affair, he begs for her assistance, he
                promises money. She answers, considering she was a prostitute, not unreasonably: she
                says that she will gladly do what they wish, and that she will talk the matter over
                with Verres carefully; and desires Mustius to come again. Then they depart. The next
                day they go again. She says that the man cannot be prevailed on, that he says that a
                vast sum can be made of the business. <milestone n="53" unit="chapter"/><milestone unit="Para"/> I am afraid that perhaps some of the people, who were not present at
                the former pleading, (because these things seem incredible on account of their
                consummate baseness,) may think that they are invented by me. You, O judges, have
                known them before. </p></div><div type="textpart" subtype="section" n="139" resp="perseus"><p> Publius Potitius, the guardian of the minor
                  <persName><surname>Junius</surname></persName>, stated them on his oath. So did
                Marcus Junius, his uncle and guardian. So would Mustius have stated them if he had
                been alive; but as Mustius cannot, Lucius Domitius stated that while the affair was
                recent, he heard these things stated by Mustius; and though he knew that I had had
                the account from Mustius while he was alive, for I was very intimate with him; (and
                indeed I defended Caius Mustius when he gained that trial which he had about almost
                the whole of his property ;) though, I say, Lucius Domitius knew that I was aware
                that Mustius was accustomed to tell him all his affairs, yet he said nothing about
                Chelidon as long as he could help it; he directed his replies to other points. So
                great was the modesty of that most eminent young man, of that pattern for the youth
                of the city, that for some time, though he was pressed by me on that point, he would
                rather give any answer than mention the name of Chelidon. At first, he said that the
                friends of Verres had been deputed to mention the subject to him; at last, after a
                time, being absolutely compelled to do so, he named Chelidon. </p></div><div type="textpart" subtype="section" n="140" resp="perseus"><p> Are you not ashamed, O Verres, to have carried on your praetorship according to
                the will of that woman, whom Lucius Domitius scarcely thought it creditable to him
                even to mention the name of? <milestone n="54" unit="chapter"/><milestone unit="Para"/> Being rejected by Chelidon, they adopt the necessary resolution of
                undertaking the business themselves. They settle the business, which ought to have
                come to scarcely forty thousand <foreign xml:lang="la">sesterces</foreign>, with
                Rabonius the other guardian, for two hundred thousand. Rabonius reports the fact to
                Verres; as it seems to him the exaction has been sufficiently enormous and
                sufficiently shameless. He, who had expected a good deal more, receives Rabonius
                with harsh language, and says that he cannot satisfy him with such a settlement as
                that. To cut the matter short, he says that he shall issue contracts for the job.
              </p></div><div type="textpart" subtype="section" n="141" resp="perseus"><p> The guardians are ignorant of this; they think that what has been settled with
                Rabonius is definitely arranged—they fear no further misfortune for their ward. But
                Verres does not procrastinate; he begins to let out his contracts, (without issuing
                any advertisement or notice of the day,) at a most unfavourable time—at the very
                time of the Roman games, and while the forum is decorated for them. Therefore
                Rabonius gives notice to the guardians that he renounces the settlement to which he
                had come. However, the guardians come at the appointed time; Junius, the uncle of
                the youth, bids. Verres began to change colour: his countenance, his speech, his
                resolution failed him. He begins to consider what he was to do. If the contract was
                taken by the minor, if the affair slipped through the fingers of the purchaser whom
                he himself had provided, he would get no plunder. Therefore He contrives—what?
                Nothing very cleverly, nothing of which any one could say, “it was a rascally trick,
                but still a deep one.” Do not expect any disguised roguery from him, any underhand
                trick; you will find everything open, undisguised, shameless, senseless, audacious.
              </p></div><div type="textpart" subtype="section" n="142" resp="perseus"><p> “If the contract be taken by the minor, all the plunder is snatched out of my
                hands; what then is the remedy? What? The minor must not be allowed to have the
                contract.” Where is the usage in the case of selling property, securities, or lands
                adopted by every consul, and censor, and praetor, and quaestor, that that bidder
                shall have the preference to whom the property belongs, and at whose risk the
                property is sold? He excludes that bidder alone to whom alone, I was nearly saying,
                the power of taking the contract ought to have been offered. “For why,”—so the youth
                might say—“should any one aspire to my money against my will! What does he come
                forward for? The contract is let out for a work which is to be done and paid for out
                of my money. I say that it is I who am going to put the place in repair, the
                inspection of it afterwards will belong to you who let out the contract. You have
                taken sufficient security for the interests of the people with bonds and sureties;
                and if you do not think sufficient security has been taken, will you as praetor send
                whomsoever you please to take possession of my property, and not permit me to come
                forward in defence of my own fortune?” </p></div><milestone n="55" unit="chapter"/><milestone unit="Para"/><div type="textpart" subtype="section" n="143" resp="perseus"><p> It is worth while to consider the words of the contract itself. You will say that
                the same man drew it up who drew up that edict about inheritance. “The contract for
                work to be done, which the minor Junius's....” Speak, I pray you, a little more
                plainly. “Caius Verres, the praetor of the city, has added....” The contracts of the
                censors are being amended. For what do they say? I see in many old documents,
                “Cnaeus Domitius, Lucius Metellus, Lucius Cassius, Cnaeus Servilius have added....”
                Caius Verres wants something of the same sort. Read. What has he added? “Admit not
                as a partner in this work any one who has taken a contract from Lucius Marcius and
                Marcus Perperna the censors; give him no snare in it; and let him not contract for
                it.” Why so? Is it that the work may not be faulty? But the inspection afterwards
                belonged to you. Lest he should not have capital enough? But sufficient security had
                been taken for the people's interest in bonds and sureties, and more security still
                might have been had. </p></div><div type="textpart" subtype="section" n="144" resp="perseus"><p> If in this case the business itself, if the scandalous nature of your injustice
                had no weight with you;—if the misfortune of this minor, the tears of his relations,
                the peril of Decimus Brutus, whose lands were pledged as security for him, and the
                authority of Marcus Marcellus his guardian had no influence with you, did you not
                even consider this, that your crime would be such that you would neither be able to
                deny it, (for you had entered it in your account-books,) nor, if you confessed it,
                to make any excuse for it? The contract is knocked down at five hundred and fifty
                thousand <foreign xml:lang="la">sesterces</foreign>, while the guardians kept crying
                out that they could do it even to the satisfaction of the most unjust of men, for
                eighty thousand. In truth, what was the job? </p></div><div type="textpart" subtype="section" n="145" resp="perseus"><p> That which you saw. All those pillars which you see whitewashed, had a crane put
                against them, were taken down at a very little expense, and put up again of the same
                stone as before. And you let this work out for five hundred and sixty thousand
                  <foreign xml:lang="la">sesterces</foreign>. And among those pillars I say that
                there are some which have never been moved at all by your contractor. I say that
                there are some which only had the outer coat scraped off, and a fresh coat put on.
                But, if I had thought that it cost so much to whitewash pillars, I should certainly
                never have stood for the aedileship. Still, in order that something might appear to
                be really being done, and that it might not seem to be a mere robbery of a minor—“If
                in the course of the work you injure anything, you must repair it.”</p></div><milestone n="56" unit="chapter"/><milestone unit="Para"/><div type="textpart" subtype="section" n="146" resp="perseus"><p> What was there that he could injure, when he was only putting back every stone in
                its place? “He who takes the contract must give security to bear the man harmless
                who has taken the work from the former contractor.” He is joking when he orders
                Rabonius to give himself security. “Ready money is to be paid.” Out of what funds?
                From his funds who cried out that he would do for eighty thousand <foreign xml:lang="la">sesterces</foreign> what you let out at five hundred and sixty
                thousand. Out of what funds? out of the funds of a minor, whose tender age and
                desolate condition, even if he had no guardians, the praetor himself ought to
                protect. But as his guardians did protect him, you took away not only his paternal
                fortune, but the property of the guardians also. </p></div><div type="textpart" subtype="section" n="147" resp="perseus"><p> “Execute the work in the best materials of every sort.” Was any stone to be cut
                and brought to the place? Nothing was to be brought but the crane. For no stone, no
                materials at all were brought; there was just as much to be done in that contract as
                took a little labour of artisans at low wages, and there was the hire of the crane.
                Do you think it was less work to make one entirely new pillar without any old stone,
                which could be worked up again, or to put back those four in their places? No one
                doubts that it is a much a better job to make one new one. I will prove that in
                private houses, where there has been a great deal of expensive carriage, pillars no
                smaller than these are contracted for to be placed in an open court for forty
                thousand <foreign xml:lang="la">sesterces</foreign> apiece. </p></div><div type="textpart" subtype="section" n="148" resp="perseus"><p> But it is folly to argue about such manifest shamelessness of that man at any
                greater length, especially when in the whole contract he has openly disregarded the
                language and opinion of every one, inasmuch as he has added at the bottom of it,
                “Let him have the old materials for himself.” As if any old materials were taken
                from that work, and as if the whole work were not done with old materials. But
                still, if the minor was not allowed to take the contract, it was not necessary for
                it to come to Verres himself: some other of the citizens might have undertaken the
                work. Every one else was excluded no less openly than the minor. He appointed a day
                by which the work must be completed—the first of December. He gives out the contract
                about the thirteenth of September: every one is excluded by the shortness of the
                time. What happens then? How does Rabonius contrive to have his work done by that
                day? </p></div></div></div></div></body></text></TEI>
                </passage>
            </reply>
            </GetPassage>