<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-eng2:2.2.117-2.2.130</requestUrn>
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            <reply>
                <urn>urn:cts:latinLit:phi0474.phi005.perseus-eng2:2.2.117-2.2.130</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="2"><div type="textpart" subtype="section" n="117" resp="perseus"><p> On these grounds now, even if I had not undertaken this cause at the request of
                all the Sicilians; if the whole province had not requested this favour of me; if my
                affection and love for the republic, and the injury done to the credit of our order
                and of the courts of justice, had not compelled me to do so; and if this had been my
                only reason, that you had so cruelly, and wickedly, and abominably treated my friend
                and connection <note anchored="true">I have in some instances translated <foreign xml:lang="la">hospes</foreign> “friend,” and oftener still “connection,” though
                  either word is far from representing adequately the idea of the Latin <foreign xml:lang="la"> hospes</foreign>, because, as modern manners are unacquainted
                  with the usage, modern languages have no word to express it.</note> Sthenius, to
                whom I had formed an extraordinary attachment in my quaestorship, of whom I had the
                highest possible opinion, whom while I was in the province I knew to be most zealous
                and earnest for my reputation,—I should still think I had plenty of reason to incur
                the enmity of a most worthless man, in order to defend the safety and fortunes of my
                friend. </p></div><div type="textpart" subtype="section" n="118" resp="perseus"><p> Many men have done the same in the times of our ancestors. Lately, too, that most
                eminent man Cnaeus Domitius did so, who accused Marcus Silanus, a man of consular
                rank, on account of the injuries done by him to Egritomarus of the Transalpine
                country, his friend. I should think it became me to follow the example of their good
                feeling and regard for their duty; and I should hold out hope to my friends and
                connections to think that they would live a safer life owing to my protection. But
                when the cause of Sthenius draws along with it the common calamity of the whole
                province, and when many of my friends and connections are being defended by me at
                the same time, both in their public and private interests, I ought not in truth to
                fear that any one can suppose that I have done what I have in undertaking this cause
                under the pressure and compulsion of any motive except that of the strictest duty.
                  <milestone n="48" unit="chapter"/><milestone unit="Para"/> And that we may at last
                give up speaking of the investigations made, and the judicial proceedings conducted,
                and of the decisions given by that man; and as his exploits of that class are
                countless, let us put some bounds and limits to our speech and accusation. We will
                take a few cases of another sort.</p></div><div type="textpart" subtype="section" n="119" resp="perseus"><p><milestone unit="Para"/>You have heard Quintus Varius say, that his agents paid
                that man a hundred and thirty thousand <foreign xml:lang="la">sesterces</foreign>
                for a decision in his cause. You recollect that the evidence of Quintus Varius was
                corroborated, and that this whole affair was proved by the testimony of Caius
                Sacerdos, a most excellent man. You know that Cnaeus Sertius and Marcus Modius,
                Roman knights, and that six hundred Roman citizens besides, and many Sicilians, said
                that they had given that money for decisions in their causes. And why need I dilate
                upon this accusation when the whole matter is set plainly forth in the evidence? Why
                should I argue about what no one can doubt? Or will any man in the world doubt that
                he set up his judicial decisions for sale in <placeName key="tgn,7003122">Sicily</placeName>, when at <placeName key="perseus,Rome">Rome</placeName> he
                sold his very edict and all his decrees? and that he received money from the
                Sicilians in issuing extraordinary decrees, when he actually made a demand on Marcus
                Octavius Ligur for giving a decision on his cause?</p></div><div type="textpart" subtype="section" n="120" resp="perseus"><p>For what method of extorting money did he ever omit? What method did he fail to
                devise, even if it had escaped the notice of every one else? Was anything in the
                Sicilian states ever sought to be obtained in which there is any honour, any power,
                or any authority, that you did not make it a source of your own gain, and sell it to
                the best bidder? <milestone n="49" unit="chapter"/><milestone unit="Para"/> At the
                former pleading evidence was given of both a public and a private nature; deputies
                from Centuripa, from Halesa, from <placeName key="tgn,7003947">Catina</placeName>,
                and from <placeName key="perseus,Panormus">Panormus</placeName>, and from many other
                cities gave evidence; but now, also, a great many private individuals have been
                examined, by whose testimony you have ascertained that no one in all <placeName key="tgn,7003122">Sicily</placeName> for the space of three years was ever made
                senator in any city for nothing,—no one by vote, as their laws prescribe,—no one
                except by his command, or by his letters; and that in the appointment of all these
                senators, not only were no votes given, but there was not even any consideration of
                those families from which it was lawful to select men for that body, nor of their
                income, nor of their age; nor were any other of the Sicilian laws of the slightest
                influence.</p></div><div type="textpart" subtype="section" n="121" resp="perseus"><p>Whoever wished to be made a senator, though he was a boy, though he was unworthy,
                though he was of a class from which it was not lawful to take senators; still, if he
                paid money enough to appear in his eyes a fit man to gain his object, so it always
                was. Not only the laws of the Sicilians had no influence in this matter, but even
                those which had been given to them by the senate and people of <placeName key="perseus,Rome">Rome</placeName> had none either. For the laws which he makes
                who has the supreme command given to him by the Roman people, and authority to make
                laws conferred on him by the senate, ought to be considered the laws of the senate
                and people of <placeName key="perseus,Rome">Rome</placeName>. </p></div><div type="textpart" subtype="section" n="122" resp="perseus"><p> The citizens of Halesa, who were till lately in the enjoyment of their own laws,
                in return for the numerous and great services and good deeds done both by themselves
                and by their ancestors to our republic, lately in the consulship of Lucius Licinius
                and Quintus Mucius, requested laws from our senate, as they had disputes among
                themselves about the elections into their senate. The senate, by a very honourable
                decree, voted that Caius Claudius Pulcher, the son of Appius the praetor, should
                give them laws to regulate their elections into their senate. Caius Claudius, taking
                as his counselors all the Marcelli who were then alive, with their advice gave laws
                to the men of Halesa in which he laid down many rules about the age of the men who
                might be elected; that no one might be under thirty years of age; about trade,—that
                no one engaged in it might be elected; about their income, and about all other
                matters; all which regulations prevailed till that man became praetor by the
                authority of our magistrates, and with the cordial good-will of the men of Halesa.
                But from him even a crier who was desirous of it, bought that rank for a sum of
                money, and boys sixteen and seventeen years old purchased the title of senator; and
                that which the men of Halesa, our most ancient and faithful allies and friends, had
                petitioned, and that successfully, at <placeName key="perseus,Rome">Rome</placeName>, to have put on such a footing that it might not be lawful for men
                to be elected even by vote, he now made easy to be obtained by bribery.</p></div><milestone n="50" unit="chapter"/><milestone unit="Para"/><div type="textpart" subtype="section" n="123" resp="perseus"><p> The people of <placeName key="tgn,7003808">Agrigentum</placeName> have old laws
                about appointing their senate, given them by Scipio, in which the same principles
                are laid down, and this one besides,—as there are two classes of Agrigentines, one
                of the old inhabitants, and the other of the new,—settlers whom Titus Manlius, when
                praetor, had led from other towns of the Sicilians to <placeName key="tgn,7003808">Agrigentum</placeName>, in obedience to a resolution of the senate;—it was
                provided in the laws of Scipio, that there should not be a greater number of members
                of the senate taken from the class of settlers than from the old inhabitants of
                  <placeName key="tgn,7003808">Agrigentum</placeName>. That man, who had levelled
                all laws by bribery, and who had taken away all distinction between things for
                money, not only disturbed all those regulations which related to age, rank, and
                traffic, but even with respect to these two classes of old and new inhabitants, he
                disturbed the proportion of their selection. </p></div><div type="textpart" subtype="section" n="124" resp="perseus"><p> For when a senator died of the old inhabitants, and when the remaining number of
                each class was equal, it was necessary, according to the laws, that one of the
                original inhabitants should be elected in order that there might be the larger
                number. And though this was the case, still, not only some of the original
                inhabitants, but also some of the new settlers, came to him to purchase the rank of
                senator. The result is, that through bribery, one of the new men carries the day,
                and gets letters of appointment from the praetor. The Agrigentines send deputies to
                him to inform him of their laws, and to explain to him the invariable usage of past
                years, in order that he might be aware that he had sold that rank to one with whom
                he had no right even to treat on the subject. By whose speech, as he had already
                received the money, he was not in the least influenced. </p></div><div type="textpart" subtype="section" n="125" resp="perseus"><p> He did the same thing at <placeName key="tgn,7008299">Heraclea</placeName>. For
                thither also Publius Rupilius led settlers and gave them similar laws about the
                appointment of the senate, and about the number of the old and new senators. There
                he did not only receive money, as he did in the other cities, but he even confused
                the class of the original inhabitants and of the new settlers. <milestone n="51" unit="chapter"/><milestone unit="Para"/> Do not wait for me to go through all the
                cities of <placeName key="tgn,7003122">Sicily</placeName> in my speech. In this one
                statement I comprehend everything,—that no one could be made a senator while he was
                praetor except those who had given him money. </p></div><div type="textpart" subtype="section" n="126" resp="perseus"><p> And I carry on the same charge to all magistracies, agencies, and priesthoods; by
                which acts he has not only trampled on the laws of men, but on all the religious
                reverence due to the immortal gods. There is at <placeName key="perseus,Syracuse">Syracuse</placeName> a law respecting their religion, which enjoins a priest of
                  <placeName key="tgn,1125260">Jupiter</placeName> to be taken by lot every year;
                and that priesthood is considered among the Syracusans as the most honourable. </p></div><div type="textpart" subtype="section" n="127" resp="perseus"><p> When three men have been selected by vote out of the three classes of citizens,
                the matter is decided by lot. He by his absolute command had contrived to have his
                intimate friend Theomnastus returned among the three by vote. When it came to the
                decision by lot, which he could not command, men were waiting to see what he would
                do. The fellow at first forbade them to elect by lot, as that seemed the easiest
                way, and ordered Theomnastus to be appointed without casting lots. The Syracusans
                say that cannot possibly be done, according to the reverence due to their sacred
                laws; they say it would be impious. He orders the law to be read to him. It is read.
                In it was written, “that as many lots were to be thrown into the urn as there were
                names returned; that he whose name was drawn was to have the priesthood.” He then,
                ingenious and clever man! said, “Capital! it is written, ‘As many lots as there are
                names returned;’ how many names then were returned?” It is answered, “Three.” “Is
                there then anything necessary except that three lots should be put in, and one drawn
                out?” “Nothing.” He orders three lots to be put in, on all of which was written the
                name of Theomnastus. A great outcry arises as it seemed to every one a scandalous
                and infamous proceeding. And so by these means that most honourable priesthood is
                given to Theomnastus.</p></div><milestone n="52" unit="chapter"/><milestone unit="Para"/><div type="textpart" subtype="section" n="128" resp="perseus"><p>At Cephalaedium there is a regular month, in which the pontifex is bound to be
                appointed. A man of the name of Artemo, surnamed Climachias, was desirous of that
                honour a man of sufficient riches to be sure, and of noble family; but he could not
                possibly have been appointed if a man of the name of Herodotus had been present. For
                that place and rank was thought to be so decidedly due to him for that year, that
                even Climachias could say nothing against him. The matter is referred to Verres, and
                is decided according to his usual fashion. Some beautiful and valuable specimens of
                carving are removed from Artemo's. Herodotus was at <placeName key="perseus,Rome">Rome</placeName>; he thought that he should arrive in time enough for the comitia
                if he came the day before. Verres, in order that the comitia might not be held in
                any other month than the regular one, and that the honour might not be refused to
                Herodotus when he was present, (a thing which he was not anxious for, and which
                Climachias was very eager to avoid,) contrives, (I have said before, there is no one
                cleverer, and never was, in his way,)—he contrives, I say, how the comitia may be
                held in the regular month for them, and yet Herodotus may not be able to be
                present.</p></div><div type="textpart" subtype="section" n="129" resp="perseus"><p> It is a custom of the Sicilians, and of the rest of the Greeks, because they wish
                their days and months to agree with the calculations as to the sun and moon, if
                there be any difference sometimes to take out a day, or, at most, two days from a
                month, which they call <foreign xml:lang="grc">e)caire/simoi</foreign>. And so also
                they sometimes make a month longer by a day or by two days. And when he heard of
                that, he, this new astronomer, who was thinking not so much of the heavens as of the
                heavy plate, <note anchored="true">The original puns on the resemblance between
                    <foreign xml:lang="la">caelum</foreign>, “heaven,” and <foreign xml:lang="la">caelatum</foreign>, “carved” or “chased.”</note> he orders (not a day to be
                taken out of the month, but) a month and a half to be taken out of the year; so that
                the day which, as one may say, ought to have been the thirteenth of January, became
                the first of March. And that is done in spite of the remonstrances and indignation
                of every one. That was the legitimate day for holding the comitia. On that day
                Climachias is declared to have been elected priest. </p></div><div type="textpart" subtype="section" n="130" resp="perseus"><p> When Herodotus returns from <placeName key="perseus,Rome">Rome</placeName>,
                fifteen days, as he supposed, before the comitia, he comes on the month of the
                comitia, when the comitia have been held thirty days before. Then the people of
                Cephalaedium voted an intercalary month of forty-five days, in order that the rest
                of the months might fall again into their proper season. If these things could be
                done at <placeName key="perseus,Rome">Rome</placeName>, no doubt he would somehow or
                other have contrived to have the forty-five days between the two sets of games taken
                away, during which days alone this trial could take place.</p></div></div></div></div></body></text></TEI>
                </passage>
            </reply>
            </GetPassage>