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            <reply>
                <urn>urn:cts:latinLit:phi0474.phi005.perseus-eng2:2.2.187-2.3.2</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="187" resp="perseus"><p><milestone unit="Para"/> While we were examining this matter thoroughly, and
                holding the documents actually in our hands, we see on a sudden erasures of such a
                sort as to appear to be fresh wounds inflicted on papers. Immediately, having a
                suspicion of something wrong, we bent our eyes and attention on the names
                themselves. Money was entered as having been received from Caius Verrutius the son
                of Caius, in such a way that the letters had been let stand down to the second R,
                all the rest was an erasure. A second, a third, a fourth—there were a great many
                names in the same state. As the matter was plain, so also was the abominable and
                scandalous worthlessness of the accounts. We began to inquire of Carpinatius who
                that Verrutius was, with whom he had such extensive pecuniary dealings. The man
                began to hesitate, to look away, to colour. Because there is a provision made by law
                with respect to the accounts of the farmers, forbidding their being taken to
                  <placeName key="perseus,Rome">Rome</placeName>; in order that the matter might be
                as clear and as completely proved as possible, I summon Carpinatius before the
                tribunal of Metellus and produce the accounts of the company in the forum. There is
                a great rush of people to the place; and as the partnership existing between
                Carpinatius and that praetor, and his usury, were well known, all people were
                watching with the most eager expectation to see what was contained in the accounts
              </p></div><milestone n="77" unit="chapter"/><milestone unit="Para"/><div type="textpart" subtype="section" n="188" resp="perseus"><p> I bring the matter before Metellus; I state to him that I have seen the accounts
                of the shareholders, that in these there is a long account of one Caius Verrutius
                made up of many items, and that I saw, by a computation of the years and months,
                that this Verrutius had had no account at all with Carpinatius, either before the
                arrival of Caius Verres, or after his departure. I demand that Carpinatius shall
                give me an answer who that Verrutius is; whether he is a merchant, or a broker, or
                an agriculturist, or a grazier; whether he is in <placeName key="tgn,7003122">Sicily</placeName>, or whether he has now left it. All who were in the court
                cried out at once that there had never been any one in <placeName key="tgn,7003122">Sicily</placeName> of the name of Verrutius. I began to press the man to answer
                me who he was, where he was, whence he came; why the servant of the company who made
                up the accounts always made a blunder in the name of Verrutius at the same place?
              </p></div><div type="textpart" subtype="section" n="189" resp="perseus"><p>And I made this demand, not because I thought it of any consequence that he should
                be compelled to answer me these things against his will, but that the robberies of
                one, the dishonesty of the other, and the audacity of both might be made evident to
                all the world. And so I leave him in the court, dumb from fear and the consciousness
                of his crimes, terrified out of his wits, and almost frightened to death; I take a
                copy of the accounts in the forum, with a great crowd of men standing round me; the
                most eminent men in the assembly are employed in making the copy; the letters and
                the erasures are faithfully copied and imitated, and transferred from the accounts
                into books.</p></div><div type="textpart" subtype="section" n="190" resp="perseus"><p><milestone unit="Para"/>The copy was examined and compared with the original with
                the greatest care and diligence, and then sealed up by most honourable men. If
                Carpinatius would not answer me then, do you, O Verres, answer me now, who you
                imagine this Verrutius, who must almost be one of your own family, to be. It is
                quite impossible that you should not have known a man in your own province, who, I
                see, was in <placeName key="tgn,7003122">Sicily</placeName> while you were praetor,
                and who, I perceive from the accounts themselves, was a very wealthy man. And now,
                that this may not be longer in obscurity, advance into the middle, <note anchored="true">This is said of the officers of the court who have the account in
                  their keeping during the trial.</note> open the volume, the copy of the accounts,
                so that every one may be able to see now, not the traces only of that man's avarice,
                but the very bed in which it lay.</p></div><milestone n="78" unit="chapter"/><milestone unit="Para"/><div type="textpart" subtype="section" n="191" resp="perseus"><p> You see the word <foreign xml:lang="la">Verrutius</foreign>?—You see the first
                letters untouched? you see the last part of the name, the tail of Verres, smothered
                in the erasure, as in the mud. The original accounts, O judges, are in exactly the
                same state as this copy.—What are you waiting for? What more do you want? You,
                Verres, why are you sitting there? Why do you delay? for either you must show us
                Verrutius, or confess that you yourself are Verrutius. The ancient orators are
                extolled, the Crassi and Antonii, because they had the skill to efface the
                impression made by an accusation with great clearness, and to defend the causes of
                accused persons with eloquence. It was not, forsooth, in ability only that they
                surpassed those who are now employed here as counsel, but also in good fortune. No
                one, in those times, committed such crimes as to leave no room for any defence; no
                one lived in such a manner that no part of his life was free from the most extreme
                infamy; no one was detected in such manifest guilt, that, shameless as he had been
                in the action, he seemed still more shameless if he denied it.</p></div><div type="textpart" subtype="section" n="192" resp="perseus"><p><milestone unit="Para"/> But now what can Hortensius do? Can he argue against the
                charges of avarice by panegyrics on his client's economy? He is defending a man
                thoroughly profligate, thoroughly licentious, thoroughly wicked. Can he lead your
                attention away from this infamy and profligacy of his, and turn them into some other
                direction by a mention of his bravery? But a man more inactive, more lazy, one who
                is more a man among women, a debauched woman among men, cannot be found.—But his
                manners are affable. Who is more obstinate more rude? more arrogant?—But still all
                this is without any injury to any one. Who has ever been more furious, more
                treacherous, and more cruel? With such a defendant and such a cause, what could all
                the Crassus's and Antonius's in the world do? This is all they would do, as I think,
                O Hortensius; they would have nothing to do with the cause at all, lest by contact
                with the impudence of another they might lose their own characters for virtue. For
                they come to plead causes free and unshackled, so as not, if they did not choose to
                act shamelessly in defending people, to be thought ungrateful for abandoning
                them.</p></div></div><div type="textpart" subtype="book" n="3"><head>THE THIRD BOOK OF THE SECOND PLEADING IN THE ACCUSATION AGAINST CAIUS
              VERRES.</head><head>ON THE COURT RELATING TO CORN.</head><div type="commentary" resp="editor"><head>The Argument.</head><p>A great part of this speech is occupied with charges against Verres of extortion
                committed with respect to the <foreign xml:lang="la">decuriae</foreign> or tenths.
                “The <foreign xml:lang="la">decuriae</foreign> formed a part of the <foreign xml:lang="la">vectigalia</foreign> of the Romans, and were paid by subjects whose
                territory, either by conquest, or by <foreign xml:lang="la">deditio</foreign>, had
                become the property of the state. They consisted as the name denotes, of a tithe or
                tenth of the produce of the soil levied upon the cultivators (<foreign xml:lang="la">aratores</foreign>) or occupiers (<foreign xml:lang="la">possessores</foreign>)
                of the lands, which from being subject to this payment were called <foreign xml:lang="la">agri decumani </foreign> . . . It appears from Cicero (<bibl n="Cic. Ver. 2.3.1">c. Verr. act. ii. lib. iii.</bibl>.) that Romans, on reducing
                  <placeName key="tgn,7003122">Sicily</placeName> to a province, allowed to the old
                inhabitants a continuance of their ancient rights, and that, with some few
                exceptions, the territory of all the states was subjected, as formerly, to the
                payment of a tithe on corn, wine, oil, and the <foreign xml:lang="la">fruges
                  minutae</foreign>.<note anchored="true">“<placeName key="tgn,1033212">Fruges</placeName> minutae” probably pulse—Riddle's Lat. Dict. in v. <foreign xml:lang="la">Minutus</foreign>.</note>It was further determined that place and
                time of paying these tithes to the <foreign xml:lang="la">decumani</foreign> should
                ‘be and continue’ as settled by the law of king Hiero (<foreign xml:lang="la">Lex
                  Hieronica</foreign>), which enacted severe penalties against any <foreign xml:lang="la">arator</foreign> who did not pay his due, as well as against the
                  <foreign xml:lang="la">decumani</foreign> who exacted more than their tenth . . .
                The name of <foreign xml:lang="la">decumani</foreign> was also applied to the
                farmers of these tributes, who purchased them from the state, and then collected
                them on their own account.” In fact “the revenues which <placeName key="perseus,Rome">Rome</placeName> derived from conquered countries, consisting
                chiefly of tolls, tithes, harbour duties, &amp;c.... were chiefly let out, or, as
                the Romans expressed it, sold by the censors in <placeName key="perseus,Rome">Rome</placeName> itself to the highest bidders, (<bibl n="Cic. Ver. 2.3.7">Cic.
                  c. Verr. ii. iii. 7.</bibl>)... The tithes raised in the province of <placeName key="tgn,7003122">Sicily</placeName> alone, with the exception of those of wine,
                oil, and garden produce, were not sold at <placeName key="perseus,Rome">Rome</placeName>, but in the district of <placeName key="tgn,7003122">Sicily</placeName> itself, according to a practice established by Hiero (<bibl n="Cic. Ver. 2.3.64">Cic. c. Verr. ii. iii. 64</bibl>, <bibl n="Cic. Ver. 2.3.33">33</bibl>). The persons who undertook the farming of the public revenue, of
                course, belonged to the wealthiest Romans. and down to the end of the republic, as
                well as during the earlier part of the empire, the farming of the public revenues
                was almost exclusively in the hands of the <foreign xml:lang="la">equites</foreign>,
                whence the words <foreign xml:lang="la">equites</foreign> and <foreign xml:lang="la">publicani</foreign> are sometimes used as synonymous, (<bibl n="Cic. Ver. 1.1.51">Cic. c. Verr. i. 51, 52</bibl>, 71.) . . . The <foreign xml:lang="la">publicani</foreign> had to give security to the state for the sum at which they
                bought one or more branches of revenue in a province; and as no one person was rich
                enough to give sufficient security, a number of <foreign xml:lang="la">equites</foreign> generally united together and formed a company (<foreign xml:lang="la">socii</foreign>, <foreign xml:lang="la">societas</foreign>, or
                  <foreign xml:lang="la">corpus</foreign> ) which was recognised by the state, and
                by which they were enabled to carry on their undertakings on a large scale. The
                shares which each partner in such a company took in the business were called
                  <foreign xml:lang="la">partes</foreign>, and if they were small <foreign xml:lang="la">particulae</foreign>. The responsible person in each company, and
                the one who contracted with the state, was called <foreign xml:lang="la">manceps</foreign>, but there was also a <foreign xml:lang="la">magister</foreign>
                to manage the business of each company, who resided at <placeName key="perseus,Rome">Rome</placeName>, and kept up an extensive correspondence with the agents in the
                provinces, (<bibl n="Cic. Ver. 2.2.74">Cic. c. Verr. ii. 74</bibl>.) He seems to
                have held his office only for one year; his representative in the province was
                called <foreign xml:lang="la">submagister</foreign>, who had to travel about and
                superintend the actual business of collecting the revenues . . . Nobody but a Roman
                citizen was allowed to become a member of a company of <foreign xml:lang="la">publicani</foreign>; freedmen and slaves were excluded, (<bibl n="Cic. Ver. 2.3.39">Cic. c. Verr. ii. iii. 39</bibl>) No Roman magistrate,
                however, or governor of a province, was allowed to take any share whatever in a
                company of <foreign xml:lang="la">publicani</foreign>, (<bibl n="Cic. Ver. 2.3.57">Cic. c. Verr. ii. iii. 57</bibl>), a regulation which was chiefly intended as a
                protection against the oppression of the provincials. . . The actual levying or
                collecting of the taxes in the provinces was performed by an inferior class of men,
                who were said <foreign xml:lang="la">operas publicanis dare</foreign>, or <foreign xml:lang="la">esse in operis societatis</foreign>, (<bibl n="Cic. Ver. 2.3.41">Cic. c. Verr. ii. iii. 41.</bibl>.) They were engaged by the <foreign xml:lang="la">publicani</foreign>, and consisted of freemen as well as slaves,
                Romans as well as provincials.” (<bibl n="Cic. Ver. 2.3.77">Cic. c. Verr. ii. iii.
                  77</bibl>)—Smith, Dict. Ant. pp. 316, 806, vv. <foreign xml:lang="la">Decumae</foreign>, <foreign xml:lang="la">Publicani</foreign>.</p><p>Verres had broken the law which forbade a governor of a province to hold shares in
                a company which farmed the revenue; and as he had therefore a personal interest in
                increasing the taxes, he committed unexampled acts of extortion himself, and
                protected those who committed similar act. And in many other respects he had
                plundered the cultivators of the public domain, whom I have called in this
                translation “agriculturists,” not using the word “farmers,” by which word I have
                rendered “publicani.”</p><p>The <foreign xml:lang="la">medimnus</foreign>, as we see, (<bibl n="Cic. Ver. 2.3.45">ch. 45,</bibl>
                <bibl n="Cic. Ver. 2.3.46">46</bibl>), was equal to six <foreign xml:lang="la">modii</foreign>, and contained within a fraction of twelve English gallons, or a
                bushel and a half.</p></div><milestone n="1" unit="chapter"/><milestone unit="Para"/><div type="textpart" subtype="section" n="1" resp="perseus"><p> Every man, O judges, who, without being prompted by any enmity, or stung by any
                private injury, or tempted by any reward, prosecutes another for the good of the
                republic, ought to consider, not only how great a burden he is liking upon himself
                at the time, but also how much trouble he is courting for the remainder of <hi rend="italic">his</hi> life. For he imposes on himself a law of innocence, of
                moderation, and of all virtues, who demands from another an account of his life; and
                he does so the more if, as I said before, he does this being urges by no other
                motive except a desire for the common good. </p></div><div type="textpart" subtype="section" n="2" resp="perseus"><p> For if any one assumes to himself to correct the manners of others, and to reprove
                their faults, who will pardon him, if he himself turn aside in any particular from
                the strict line of duty? Wherefore, a citizen of this sort is the more to he praised
                and beloved by all men for this reason also,—that he does not only remove a
                worthless citizen from the republic, but he also promises and binds himself to be
                such a man as to be compelled, not only by an ordinary inclination to virtue and
                duty, but by even some more unavoidable principle, to live virtuously and
                honourably. </p></div></div></div></div></body></text></TEI>
                </passage>
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