<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-eng2:2.2.19-2.2.36</requestUrn>
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            <reply>
                <urn>urn:cts:latinLit:phi0474.phi005.perseus-eng2:2.2.19-2.2.36</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="19" resp="perseus"><p> The very day on which he reached <placeName key="tgn,7003122">Sicily</placeName>,
                (see now whether he was not come, according to that omen bruited about the city,)
                prepared to sweep <note anchored="true">This is another pun on the name of Verres,
                  from its similarity in sound to the word <foreign xml:lang="la">verro</foreign>, I
                  sweep.</note> the province pretty clean, he immediately sends letters from
                  <placeName key="tgn,7003897">Messana</placeName> to Halesa, which I suppose he had
                written in <placeName key="tgn,1000080">Italy</placeName>. For, as soon as he
                disembarked from the ship, he gave orders that Dio of Halesa should come to him
                instantly; saying that he wished to make inquiry about an inheritance which had come
                to his son from a relation, Apollodorus Laphiro. </p></div><div type="textpart" subtype="section" n="20" resp="perseus"><p> It was, O judges, a very large sum of money. This Dio, O judges, is now, by the
                kindness of Quintus Metellus, become a Roman citizen; and in his case it was proved
                to your satisfaction at the former pleading, by the evidence of many men of the
                highest consideration, and by the account-books of many men, that a million of
                  <foreign xml:lang="la">sesterces</foreign> had been paid in order that, after
                Verres had inquired into the cause, in which there could no possible doubt exist, he
                might have a decision in his favour;—that, besides that all herds of the
                highest-bred mares were driven away, that all the plate and embroidered robes which
                he had in his home were carried off; so that Quintus Dio lost eleven hundred
                thousand <foreign xml:lang="la">sesterces</foreign> because an inheritance had come
                to him, and for no other reason. </p></div><div type="textpart" subtype="section" n="21" resp="perseus"><p> What are we to say? Who was praetor when this inheritance came to the son of Dio?
                The same man who was so when hers came to Annia the daughter of Publius Annius the
                senator,—the same who was so when his was left to Marcus Ligur the senator, namely
                Caius Sacerdos. What are we to say? Had no one been troublesome to Dio on the
                subject at the time?, No more than they had to Ligur, while Sacerdos was praetor.
                What then? :Did any one make any complaint to Verres? Nobody, unless perhaps you
                suppose that the informers were ready for him at the strait. <milestone n="8" unit="chapter"/><milestone unit="Para"/> When he was still at <placeName key="perseus,Rome">Rome</placeName>, he heard that a very great inheritance had
                come to a certain Sicilian named Dio; that the heir had been enjoined by the terms
                of the will to erect statues in the forum; that, unless he erected them, he was to
                be liable to forfeiture to Venus Erycina. Although they had been erected in
                compliance with the will, still he; Verres, thought, since the name of Venus was
                mentioned, that he could find some pretext for making money of it. </p></div><div type="textpart" subtype="section" n="22" resp="perseus"><p> Therefore he sets up a man to claim that inheritance for Venus Erycina. For it was
                not (as would have been usual) the quaestor in whose province Mount Eryx was, who
                made the demand. A fellow of the name of Naevius Turpo is the claimant, a spy and
                emissary of Verres, the most infamous of all that band of informers of his, who had
                been condemned in the praetorship of Caius Sacerdos for many wickednesses. For the
                cause was such that the very praetor himself when he was seeking for an accuser,
                could not find one a little more respectable than this fellow. Verres acquits his
                man of any forfeiture to Venus, but condemns him to pay forfeit to himself. He
                preferred, forsooth, to have men do wrong rather than gods;—he preferred himself to
                extort from Dio what was contrary to law, rather than to let Venus take anything
                that was not due to her. </p></div><div type="textpart" subtype="section" n="23" resp="perseus"><p> Why need I now in this place recite the evidence of Sextus Pompeius Chlorus, who
                pleaded Dio's cause? who was concerned in the whole business? A most honourable man,
                and, although he has long ago been made a Roman citizen in reward for his virtues,
                still the very chief man and the most noble of all the Sicilians. Why need I recite
                the evidence of Quintus Caecilius Dio himself, a most admirable and moderate man?
                Why need I recite that of Lucius Vetecilius Ligur, of Titus Manlius, of Lucius
                Calenus? by the evidence of all of whom this case about Dio's money was fully
                established. Marcus Lucullus said the same thing that he had long ago known all the
                facts of the tyranny practised on Dio, through the connection of hospitality which
                existed between them.</p></div><div type="textpart" subtype="section" n="24" resp="perseus"><p>What? Did Lucullus, who was at that time in <placeName key="tgn,7006667">Macedonia</placeName>, know all these things better than you, O Hortensius, who
                were at <placeName key="perseus,Rome">Rome</placeName>? you to whom Dio fled for
                aid? you who expostulated with Verres by letter in very severe terms about the
                injuries done to Dio? Is an this new to you now, and unexpected? is this the first
                time your ears have heard of this crime?, Did you hear nothing of it from Dio,
                nothing from your own mother-in-law, that most admirable woman, Servilia, an ancient
                friend and connection of Dio's? Are not my witnesses ignorant of many circumstances
                which you are acquainted with? Is it not owing, not to the innocence of your client,
                but to the exception <note anchored="true">It was forbidden by the Roman Law, as by
                  our own, for the advocates to give evidence against his clients of matters which
                  had come to his knowledge by confidential communication.</note> made by the law,
                that I am prevented from summoning you as a witness on my side on this charge? [The
                evidence of Marcus Lucullus, of Chlorus, of Dio is read.] <milestone n="9" unit="chapter"/><milestone unit="Para"/> Does not this Venereal man, who went
                forth from the bosom of Chelidon to his province, appear to you to have got a
                sufficiently large sum by means of the name of Verres? </p></div><div type="textpart" subtype="section" n="25" resp="perseus"><p>Listen now to a no less shamelessly false accusation in a case where a smaller sum
                was involved. Sosippus and Epicrates were brothers of the town of <placeName key="tgn,1043116">Agyrium</placeName>; their father died twenty-two years ago, by
                whose will, if anything were done wrongly in any point, there was to be a forfeiture
                of his property to Venus. In the twentieth year after his death, though there had
                been in the interim so many praetors, so many quaestors, and so many false accusers
                in the province, the inheritance was claimed from the brothers in the name of Venus.
                Verres takes cognisance of the cause; by the agency of Volcatius he receives money
                from the two brothers, about four hundred thousand <foreign xml:lang="la">sesterces</foreign>. You have heard the evidence of many people already; the
                brothers of <placeName key="tgn,1043116">Agyrium</placeName> gained their cause, but
                on such terms that they left the court stripped and beggared. </p></div><milestone n="10" unit="chapter"/><milestone unit="Para"/><div type="textpart" subtype="section" n="26" resp="perseus"><p> Oh, but that money never came to Verres. What does that defence mean? is that
                asserted in this case, or only put out as a feeler? For to me it is quite a new
                light. Verres set up the accusers; Verres summoned the brother to appear before him;
                Verres heard the cause; Verres gave sentence. A vast sum was paid; they who paid it
                gained the cause; and you argue in defence “that money was not paid to Verres.” I
                can help you; my witnesses too say the same thing; they say they paid it to
                Volcatius. How did Volcatius acquire so much power as to get four hundred thousand
                  <foreign xml:lang="la">sesterces</foreign> from two men? Would any one have given
                Volcatius, if he had come on his own account, one half-farthing? Let him come now,
                let him try; no one will receive him in his house. But I say more; I accuse you of
                having received forty millions of <foreign xml:lang="la">sesterces</foreign>
                contrary to law; and I deny that you have ever accounted for one farthing of that
                money; but when money was paid for your decrees, for your orders, for your
                decisions, the point to be inquired into was not into whose hand it was paid, but by
                whose oppression it was extorted.</p></div><div type="textpart" subtype="section" n="27" resp="perseus"><p> Those chosen companions of yours were your hands; the prefects, the secretaries,
                the surgeons, the attendants the soothsayers, the criers, were your hands. The more
                each individual was connected with you by any relationship, or affinity, or
                intimacy, the more he was considered one of your bands. The whole of that retinue of
                yours, which caused more evil to <placeName key="tgn,7003122">Sicily</placeName>
                than a hundred troops of fugitive slaves would have caused, was beyond all question
                your hand. Whatever was taken by any one of these men, that must be considered not
                only as having been given to you, but as having been paid into your own hand. For if
                you, O judges, admit this defence, “He did not receive it himself,” you will put an
                end to all judicial proceedings for extortion. For no criminal will be brought
                before you so guilty as not to be able to avail himself of that plea? Indeed, since
                Verres uses it, what criminal will ever henceforward be found so abandoned as not to
                be thought equal to Quintus Lucius in innocence by comparison with that man? And
                even now those who say this do not appear to me to be defending Verres so much as
                trying, in the instance of Verres, what license of defence will be admitted in other
                cases.</p></div><div type="textpart" subtype="section" n="28" resp="perseus"><p> And with reference to this matter, you, O judges, ought to take great care what
                you do. It concerns the chief interests of the republic, and the reputation of our
                order, and the safety of the allies. For if we wish to be thought innocent, we must
                not only show that we ourselves are moderate, but that our companions are so too.
                  <milestone n="11" unit="chapter"/><milestone unit="Para"/> First of all, we must
                take care to take those men with us who with regard our credit and our safety.
                Secondly, if in the selection of men our hopes have deceived us through friendship
                for the persons, we must take care to punish them, to dismiss them. We must always
                live as if we expected to have to give an account of what we have been doing. This
                is what was said by Africanus, a most kind-hearted man, (but that kind-heartedness
                alone is really admirable which is exercised without any risk to a man's reputation,
                as it was by him,) </p></div><div type="textpart" subtype="section" n="29" resp="perseus"><p> when an old follower of his, who reckoned himself one of his friends, could not
                prevail on him to take him with him into <placeName key="tgn,7001242">Africa</placeName> as his prefect, and was much annoyed at it. “Do not marvel,”
                said he, “that you do not obtain this from me, for I have been a long time begging a
                man to whom I believe my reputation to be dear, to go with me as my prefect, and as
                yet I cannot prevail upon him.” And in truth there is much more reason to beg men to
                go with us as our officers into a province, if we wish to preserve our safety and
                our honour, than to give men office as a favour to them; but as for you, when you
                were inviting your friends into the province, as to a place for plunder, and were
                robbing in company with them, and by means of them, and were presenting them in the
                public assembly with golden rings, did it never occur to you that you should have to
                give an account, not only of yourself, but of their actions also? </p></div><div type="textpart" subtype="section" n="30" resp="perseus"><p> When he had acquired for himself these great and abundant gains from these causes
                which he had determined to examine into himself with his council—that is, with this
                retinue of his—then he invented an infinite number of expedients for getting bold of
                a countless amount of money. <milestone n="12" unit="chapter"/><milestone unit="Para"/> No one doubts that all the wealth of every man is placed in the
                power of those men who allow <note anchored="true">At <placeName key="perseus,Rome">Rome</placeName> the <foreign xml:lang="la">praetor urbanus</foreign>, in the
                  provinces the propraetors and the proconsuls, decided whether there was reason for
                  an action at law, and it they decided that there was, then they assigned judges to
                  try the action.</note> trials to proceed, and of those who sit as judges at the
                trials, no one doubts that none of us can retain possession of his house, of his
                farm, or of his paternal property, if, when these are claimed by any one of you, a
                rascally praetor, whose judgments no one has the power of arresting, can assign any
                judge whom he chooses, and if the worthless and corrupt judge gives any sentence
                which the praetor bids him give. </p></div><div type="textpart" subtype="section" n="31" resp="perseus"><p> But if this also be added, that the praetor assigns the trial to take place
                according to such a formula, that even Lucius Octavius Balbus, if he were judge, (a
                man of the greatest experience in all that belongs to the law and to the duties of a
                judge,) could not decide otherwise: suppose it ran in this way:—“Let Lucius Octavius
                be the judge; if it appears that the farm at <placeName key="perseus,Capena">Capena</placeName>, which is in dispute, belongs, according to the law of the
                Roman people, to Publius Servilius, that farm must be restored to Quintus Catulus,”
                will not Lucius Octavius be bound, as judge, to compel Publius Servilius to restore
                the farm to Quintus Catulus, or to condemn him whom he ought not to condemn? The
                whole praetorian law was like that; the whole course of judicial proceedings in
                  <placeName key="tgn,7003122">Sicily</placeName> was like that for three years,
                while Verres was praetor. His decrees were like this:—“If he does not accept what
                you say that you owe, accuse him; if he claims anything, take him to prison.”
                  <milestone unit="Para"/>He ordered Caius Fuficius, who claimed something, to be
                taken to prison; so he did Lucius Suetius and Lucius Rucilius. His tribunals he
                formed in this way:—those who were Roman citizens were to be judges, when Sicilians
                ought to have been, according to their laws, those who were Sicilians were to be
                judges, when Romans <note anchored="true">The text here is very much disputed, and
                  is probably wholly corrupt. I have endeavoured to give what is certainly the
                  general sense intended to be conveyed, though it can scarcely be extracted from
                  the Latin Graevius reads,...“<foreign xml:lang="la">Si Siculi essent, tum si eorum
                    legibus</foreign>...” printing it all in large letters, as if they were the
                  words of a decree of Verres.</note> should have been.</p></div><div type="textpart" subtype="section" n="32" resp="perseus"><p>But that you may understand his whole system of judicial proceedings, listen first
                to the laws of the Sicilians in such uses, and then to the practices this man
                established. <milestone n="13" unit="chapter"/><milestone unit="Para"/> The
                Sicilians have this law,—that if a citizen of any town has a dispute with a
                fellow-citizen, he is to decide it in his own town, according to the laws there
                existing; if a Sicilian has a dispute with a Sicilian of a different city, in that
                case the praetor is to assign judges of that dispute, according to the law of
                Publius Rupilius, which be enacted by the advice of ten commissioners appointed to
                consider the subject, and which the Sicilians call the Rupilian law. If an
                individual makes a claim in a community, or a community on an individual, the senate
                of some third city is assigned to furnish the judges, as the citizens of the cities
                interested in the litigation are rejected as judges in such a case. If a Roman
                citizen makes a claim on a Sicilian, a Sicilian judge is assigned; if a Sicilian
                makes a claim on a Roman citizen, a Roman citizen is assigned as judge: in all other
                matters judges are appointed selected from the body of Roman citizens dwelling in
                the place. In law-suits between the farmers and the tax collectors, trials are
                regulated by the law about corn, which they call <foreign xml:lang="la">Lex
                  Hieronica</foreign>. </p></div><div type="textpart" subtype="section" n="33" resp="perseus"><p> All these rights were not only thrown into disorder while that man was praetor,
                but indeed were openly taken away from both the Sicilians and from the Roman
                citizens. First of all, their own laws with reference to one another were
                disregarded. If a citizen had a dispute with another citizen, he either assigned any
                one as judge whom it was convenient to himself to assign, crier, soothsayer, or his
                own physician; or if a tribunal was established by the laws, and the parties had
                come before one of their fellow-citizens as the judge, that citizen was not allowed
                to decide without control. For, listen to the edict issued by this man, by which
                edict he brought every tribunal under his own authority: “If any one had given a
                wrong decision, he would examine into the matter himself; when he had examined, he
                would punish.” And when he did that, no one doubted that when the judge thought that
                some one else was doing to sit in judgment on his decision, and that he should be at
                the risk of his life in the matter, he would consider the inclination of the man who
                he expected would presently be judging in a matter affecting his down existence as a
                citizen. </p></div><div type="textpart" subtype="section" n="34" resp="perseus"><p> Judges selected from the Roman settlers there were none; none even of the traders
                in the cities were proposed as judges. The crowd of judges which I am speaking of
                was the retinue, not of Quintus Scaevola, (who, however, did not make practice of
                appointing judges from among his own followers,) but of Caius Verres. And what sort
                of a retinue do you suppose it was when such a man as he was its chief? You see
                announced in the edict, “If the senate gives an erroneous decision....” I will prove
                that, if at any time a bench of judges was taken from the senate, that also gave its
                decisions, through compulsion, on his part, contrary to their own opinions. There
                never was any selection of the judges by lot, according to the Rupilian law, except
                when he had no interest whatever in the case. The tribunals established in the case
                of many disputes by the <foreign xml:lang="la">Lex Hieronica</foreign> were all
                abolished by a single edict; no judges were appointed selected from the settlers or
                from the traders. What great power he had you see; now learn how he exercised it.
              </p></div><milestone n="14" unit="chapter"/><milestone unit="Para"/><div type="textpart" subtype="section" n="35" resp="perseus"><p> Heraclius is the son of Hiero, a Syracusan; a man among the very first for
                nobility of family, and, before Verres came as praetor, one of the most wealthy of
                the Syracusans; now a very poor man, owing to no other calamity but the avarice and
                injustice of that man. An inheritance of at least three millions of <foreign xml:lang="la">sesterces</foreign> came to him by the will of his relation
                Heraclius; the house was full of silver plate exquisitely carved, of abundance of
                embroidered robes, and of most valuable slaves; things in which who is ignorant of
                the insane cupidity of that man? The fact was a subject of common conversation, that
                a great fortune had come to Heraclius that Heraclius would not only be rich, but
                that he would be amply supplied with furniture, plate, robes and slaves.</p></div><div type="textpart" subtype="section" n="36" resp="perseus"><p>Verres, too, hears this; and at first he tries by the tricks and maneuvers which he
                is so fond of, to get him to lend things to him to look at, which he means never to
                return. Afterwards he takes counsel from some Syracusans; and they were relations of
                his, whose wives too were not believed to be entirely strangers to him, by name
                Cleomenes and Aeschrio. What influence they had with him, and on what disgraceful
                reasons it was founded, you may understand from the rest of the accusation. These
                men, as I say, give Verres advice. They tell him that the property is a fine one,
                which in every sort of wealth; and that Heraclius himself is a man advancing in
                years, and not very active; and that he has no patron on whom he has any claim, or
                to whom he has any access except the Marcelli; that a condition was contained in the
                will in which he was mentioned as heir, that he was to erect some statues in the
                palaestra. We will contrive to produce people from the palaestra to assert that they
                have not been erected according to the terms of the will, and to claim the
                inheritance, because they say that it is forfeited to the palaestra. The idea
                pleased Verres. </p></div></div></div></div></body></text></TEI>
                </passage>
            </reply>
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