<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-eng2:2.2.27-2.2.34</requestUrn>
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            <reply>
                <urn>urn:cts:latinLit:phi0474.phi005.perseus-eng2:2.2.27-2.2.34</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="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></div></div></div></body></text></TEI>
                </passage>
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