<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-eng2:2.2.95-2.2.100</requestUrn>
            </request>
            <reply>
                <urn>urn:cts:latinLit:phi0474.phi005.perseus-eng2:2.2.95-2.2.100</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="95" resp="perseus"><p> He, when he had reached <placeName key="perseus,Rome">Rome</placeName>, and had a
                sufficiently prosperous voyage for so unfavourable a time of year, and had found
                everything more just and gentle than the disposition of the praetor, his own guest,
                related the whole matter to his friends, and it appeared to them all cruel and
                scandalous, as indeed it was. <milestone n="39" unit="chapter"/><milestone unit="Para"/> Therefore Cnaeus Lentulus and Lucius Gellius the consuls immediately
                propose in the senate that it be established as a law, if it so seem good to the
                conscript fathers, “That men be not proceeded against on capital charges in the
                provinces while they are absent.” They relate to the senate the whole case of
                Sthenius, and the cruelty and injustice of Verres. Verres, the father of the
                praetor, was present in the senate, and with tears begged all the senators to spare
                his son, but he had not much success. For the inclination of the senate for the
                proposal of the consuls was extreme. Therefore opinions were delivered to this
                effect; “that as Sthenius had been proceeded against in his absence, it seemed good
                to the senate that no trial should take place in the case of an absent man; and if
                anything had been done, it seemed good that it should not be ratified.” </p></div><div type="textpart" subtype="section" n="96" resp="perseus"><p> On that day nothing could be done, because it was so late, and because his father
                had found men to waste the time in speaking. Afterwards the elder Verres goes to all
                the defenders and connections of Sthenius; he begs and entreats them not to attack
                his son, not to be anxious about Sthenius; he assures them that he will take care
                that he suffers no injury by means of his son; that with that object he will send
                trustworthy men into <placeName key="tgn,7003122">Sicily</placeName> both by sea and
                land. And it wanted now about thirty days of the first of December, on which day he
                had ordered Sthenius to appear at <placeName key="perseus,Syracuse">Syracuse</placeName>.</p></div><div type="textpart" subtype="section" n="97" resp="perseus"><p>The friends of Sthenius are moved; they hope that by the letters and messengers of
                the father the Bon may be called off from his insane attempt. The cause is not
                agitated any more in the senate. Family messengers come to Verres, and bring him
                letters from his father before the first of December, before any steps whatever had
                been taken by him in Sthenius's affair; and at the same time many letters about the
                same business are brought to him from many of his friends and intimates. <milestone n="40" unit="chapter"/><milestone unit="Para"/> On this he, who had never any
                regard either for his duty or his danger, or for affection, or for humanity, when
                put in competition with his covetousness, did not think, as far as he was advised,
                that the authority of his father, nor, as far as he was entreated, that his
                inclination was to be preferred to the gratification of his own evil passions. On
                the morning of the first of December, according to his edict, he orders Sthenius to
                be summoned. </p></div><div type="textpart" subtype="section" n="98" resp="perseus"><p> If your father, at the request of any friend, whether influenced by kindness or
                wishing to curry favour with him, had made that petition to you, still the
                inclination of your father ought to have had the greatest weight with you; but when
                he begged it of you for the sake of your own safety from a capital charge, and when
                he had sent trustworthy men from home, and when they had come to you at a time when
                the whole affair was still intact, could not even then a regard, if not for
                affection, at least for your own safety, bring you back to duty and to common sense?
                He summons the defendant. He does not answer. He summons the accuser. (Mark, I pray
                you, O judges; see how greatly fortune herself opposed that man's insanity, and see
                at the same time what chance aided the cause of Sthenius;) the accuser, Marcus
                Pacilius, being summoned, (I know not how it came about,) did not answer, did not
                appear. </p></div><div type="textpart" subtype="section" n="99" resp="perseus"><p> If Sthenius had been accused while present, if he had been detected in a manifest
                crime, still, as his accuser did not appear, Sthenius ought not to have been
                condemned. In truth, if a defendant could be condemned though his accuser did not
                appear, I should not have come from Vibo to <placeName key="perseus,Velia">Velia</placeName> in a little boat through the weapons of fugitive slaves, and
                pirates, and through yours, at a time when all that haste of mine at the peril of my
                life was to prevent your being taken out of the list of defendants if I did not
                appear on the appointed day. If then in this trial of yours that was the most
                desirable thing by you,—namely, for me not to appear when I was summoned, why did
                you not think that it ought also to serve Sthenius that his accuser had not
                appeared? He so managed the matter that the end entirely corresponded to the
                beginning; the same man against whom he had received an accusation while he was
                absent, he condemns now when the accuser is absent. </p></div><milestone n="41" unit="chapter"/><milestone unit="Para"/><div type="textpart" subtype="section" n="100" resp="perseus"><p> At the very outset news was brought to him that the matter had been agitated in
                the senate, (which his father also had written him word of at great length,) that
                also in the public assembly Marcus Palicanus, a tribune of the people, had made a
                complaint to their of the treatment of Sthenius; lastly, that I myself had pleaded
                the cause of Sthenius before this college of the tribunes of the people, as by their
                edict no one was allowed to remain in <placeName key="perseus,Rome">Rome</placeName>
                who had been condemned on a capital <note anchored="true">A “capital charge” at
                    <placeName key="perseus,Rome">Rome</placeName> does not necessarily mean one
                  affecting the life of the prisoner, but his status as a free citizen. A charge
                  which involved <foreign xml:lang="la">infamia</foreign>, disfranchisement, was
                    <foreign xml:lang="la">res capitalis</foreign>; though as it is impossible to
                  render <foreign xml:lang="la">caput</foreign> when used in this sense so as to
                  give its accurate meaning, I have been forced occasionally to render it
                  “life.”</note> charge; and that when I had explained the business as I have now
                done to you, and had proved that this had no right to be considered a condemnation,
                the tribunes of the people passed this resolution, and that it was unanimously
                decreed by them, “That Sthenius did not appear to be prohibited by their edict from
                remaining in <placeName key="perseus,Rome">Rome</placeName>.” </p></div></div></div></div></body></text></TEI>
                </passage>
            </reply>
            </GetPassage>