<GetPassage xmlns:tei="http://www.tei-c.org/ns/1.0" xmlns="http://chs.harvard.edu/xmlns/cts">
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                <requestName>GetPassage</requestName>
                <requestUrn>urn:cts:latinLit:phi0474.phi005.perseus-eng2:2.3.129-2.3.148</requestUrn>
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            <reply>
                <urn>urn:cts:latinLit:phi0474.phi005.perseus-eng2:2.3.129-2.3.148</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="3"><div type="textpart" subtype="section" n="129" resp="perseus"><p> And that you may not marvel that so great a multitude has fled, as you find, from
                the public documents and from the returns of the cultivators, has fled, know that
                his cruelty and wickedness towards the cultivators was so excessive, (it is an
                incredible statement to make, O judges, but it is both a fact, and one that is
                notorious over all <placeName key="tgn,7003122">Sicily</placeName>,) that men, on
                account of the insults and licentiousness of the collectors, actually killed
                themselves. It is proved that Diocles of Centuripa, a wealthy man, hung himself the
                very day that it was announced that Apronius had purchased the tenths. A man of high
                birth, Archonidas of Elorum, said that Dyrrachinus, the first man of his city, slew
                himself in the same way, when he heard that the collector had made a return, that,
                according to Verres's edict, he owed him a sum that he could not make good at the
                expense of all his property. <milestone unit="Para"/>Now you, though you always were
                the most dissolute and cruel of all mortals, still you never would have allowed,
                (because the groanings and lamentations of the province brought danger on your own
                head,)—you would never, I say, have allowed men to seek refuge from your injustice
                in hanging and death, if the matter had not tended to your profit and to your own
                acquisition of booty. </p></div><div type="textpart" subtype="section" n="130" resp="perseus"><p> What! would you have suffered it? Listen, O judges; for I must strive with all my
                sinews, and labour earnestly to make all men perceive how infamous, how evident, how
                undeniable a crime they are seeking to efface by means of money. This is a grave
                charge, a serious charge,—it is the most serious one which has been made in the
                memory of man, ever since trials for peculation and extortion were first
                instituted,—that a praetor of the Roman people has had collectors of the tenths for
                his partners. <milestone n="57" unit="chapter"/><milestone unit="Para"/> It is not
                the case that a private individual is now for the first time having this charge
                brought against him by an enemy, or a defendant by his accuser. Long ago, while
                sitting on his seat of justice as praetor, while he had the province of <placeName key="tgn,7003122">Sicily</placeName>, when he was not only feared (as is common)
                on account of his absolute power, but also on account of its cruelty, (which is his
                especial characteristic,) he heard this charge urged against him a thousand times,
                when it was not carelessness which delayed him from avenging it, but the
                consciousness of his wickedness and avarice that kept him in check. For the
                collectors used to say openly, and, above all the rest, that one who had the
                greatest influence with him, and who was laying waste the most extensive districts,
                Apronius, that very little of these immense gains came to them, that the praetor was
                their partner. </p></div><div type="textpart" subtype="section" n="131" resp="perseus"><p> When the collectors were in the habit of saying this all over the province, and
                mixing up your name with so base and infamous a business, did it never come into
                your mind to take care of your own character? Did it never occur to you to look to
                your liberty and fortunes? When the terror of your name was constantly present to
                the ears and minds of the cultivators,—when the collectors made use, not of their
                own power, but of your wickedness and your name to compel the cultivators to come to
                terms with them,—Did you think that there would be any tribunal at <placeName key="perseus,Rome">Rome</placeName> so profligate, so abandoned, so mercenary that
                any protection from its judgment would be found for you?—when it was notorious that,
                when the tenths had been sold contrary to the regulations, the laws, and the customs
                of all men, the collectors, while employed in seizing the property and fortunes of
                the cultivators, were used to say that the shares were yours, the affair yours, the
                plunder yours; and that you said nothing, and though you could not conceal that you
                were aware of it, were still able to bear and endure it, because the magnitude of
                the gain obscured the magnitude of the danger, and because the desire of money had a
                good deal more influence over you than the fear of judgment. </p></div><div type="textpart" subtype="section" n="132" resp="perseus"><p> Be it so; you cannot deny the rest. You have not even left yourself this resource,
                to be able to say that you heard nothing of this,—that no mention of your infamy
                ever came to your ears; for the cultivators were complaining with groans and tears.
                Did you not know it? The whole province was loud in its indignation. Did no one tell
                you of it? Complaints were being made of your injuries, and meetings held on the
                subject at Home,—were you ignorant of this? Were you ignorant of all these facts?
                What? when Publius Rubrius summoned Quintus Apronius openly at <placeName key="perseus,Syracuse">Syracuse</placeName> in your hearing, at a great assembly
                of the people, to be bound over to stand a trial, offering to prove, “that Apronius
                had frequently said that you were his partner in the affair of the tenths.” Did not
                these words strike you? did they not agitate you? did they not arouse you to take
                care of your own liberty and fortunes? You were silent; you even pacified their
                quarrel; you took pains to prevent the trial from coming on. <milestone n="58" unit="chapter"/><milestone unit="Para"/> O ye immortal gods! could either an
                innocent man have endured this? or would not even a man ever so guilty, if it were
                only because he thought that there might be a trial at <placeName key="perseus,Rome">Rome</placeName> hereafter, have endeavoured by some dissimulation to study his
                character in the eyes of men? </p></div><div type="textpart" subtype="section" n="133" resp="perseus"><p> What is the case? A wager is offered about a matter affecting your position as a
                free citizen, and your fortunes. Do you sit still and say nothing? do not you follow
                up the matter? do not you persevere? do not you ask to whom Apronius said it? who
                heard him? whence it arose? how it was stated to have happened If any one had
                whispered in your ear, and told you that Apronius was in the habit of saying that
                you were his partner, you ought to have been roused, to have summoned Apronius, and
                not to have been satisfied yourself with him, till you had satisfied the opinion of
                others with respect to yourself. But when in the crowded forum, in a great concourse
                of people, this charge was urged, in word and presence indeed, against Apronius, but
                in reality against you, could you ever have received such a blow in silence, unless
                you had decided that, say what you would in so evident a case, you would only make
                the matter worse? </p></div><div type="textpart" subtype="section" n="134" resp="perseus"><p> Many men have dismissed quaestors, lieutenants, prefects, and tribunes, and
                ordered them to leave the province, because they thought that their own reputation
                was being injured through their misconduct, or because they considered that they
                were behaving ill in some particular. Would you never have addressed Apronius, a man
                scarcely a free man, profligate, abandoned, infamous, who could not preserve, I will
                not say an honest mind, but not even a pure soul, with even one harsh word, and that
                too when smarting under disgrace and insult yourself? And moreover, the respect due
                to a partnership would not have been so sacred in your eyes as to make you
                indifferent to the danger you were in, if you had not seen the matter was so well
                known and so notorious to every one. </p></div><div type="textpart" subtype="section" n="135" resp="perseus"><p> Publius Scandilius, a Roman knight, whom you are all acquainted with, did
                afterwards adopt the same legal proceedings against this same Apronius respecting
                that partnership, which Rubrius had wished to adopt. He urged them on; he pressed
                it, he gave him no respite; security was given to the amount of five thousand
                  <foreign xml:lang="la">sesterces</foreign>; Scandilius began to demand
                recuperators or a judge. <milestone n="59" unit="chapter"/><milestone unit="Para"/>
                Does not this wicked praetor seem to be hemmed in now within sufficiently narrow
                bounds in his own province, yes, and even on his own throne and tribunal; so that he
                must either while present and sitting on the bench allow a trial to proceed
                affecting his own liberty, or else confess that he must be convicted by every
                tribunal in the world? The trial is on this formula, “that Apronius says that you
                are his partner in the matter of the tenths.” The province is yours; you are
                present, judgment is demanded from you yourself. What do you do? What do you decree?
                You say that you will assign judges. You do well; though where will there be found
                judges of such courage as to dare, in his province, when the praetor himself is
                present, to decide in a manner not only contrary to his with, but adverse even to
                his fortunes? </p></div><div type="textpart" subtype="section" n="136" resp="perseus"><p> However, be it so; the case is evident; there was no one who did not say that he
                had heard this distinctly; all the most respectable men were most undoubted
                witnesses of it; there was no one in all Sicily who did not know that the tenths
                belonged to the praetor, no one who had not heard Apronius frequently say so;
                moreover, there was a fine body of settlers at <placeName key="perseus,Syracuse">Syracuse</placeName>, many Roman knights, men of the highest consideration, out
                of which number the judges must be selected, who could not possibly decide in any
                other manner. Scandilius does not cease to demand judges; then that innocent man,
                who was so eager to efface that suspicion, and to remove it from himself, says that
                he will assign judges from his own retinue. </p></div><milestone n="60" unit="chapter"/><milestone unit="Para"/><div type="textpart" subtype="section" n="137" resp="perseus"><p> In the name of the good faith of gods and men, who is it that I am accusing? in
                whose case am I not desirous that my industry and diligence should be proved? What
                is it that I sought to effect and obtain by speaking and meditating on this matter?
                I have hold, I have hold I say, in the middle of the revenues of the Roman people,
                in the very crops of the province of <placeName key="tgn,7003122">Sicily</placeName>, of a thief, manifestly embezzling the whole revenue derived
                from the corn, an immense sum: I have hold of him; so I say that he cannot deny it.
                For what will he say? Security has been entered into for a prosecution against your
                agent Apronius, in a matter in which all your fortunes are at stake—on the charge of
                having been in the habit of saying that you were his partner in the tenths. All men
                are waiting to see how anxious you will be about this, how you will endeavour to
                give men a favourable opinion of you and of your innocence. Will you here appoint as
                judges your physician, and your soothsayer, and your crier, or even that man whom
                you had in your train, in case there was any affair of importance, a judge like
                Cassius, Papirius Potamo, a severe man of the old equestrian school? Scandilius
                began to demand judges from the body of settlers; then Verres says that he will not
                entrust a trial in which his own character is at stake, to any one except his own
                people. The brokers think it a scandalous thing for a man to protest against, as
                unjust to himself, that form in which they transact their business. The praetor
                protests against the whole province as unjust to him. </p></div><div type="textpart" subtype="section" n="138" resp="perseus"><p> Oh, unexampled impudence! Does he demand to be acquitted at <placeName key="perseus,Rome">Rome</placeName>, who has decided in his own province that it
                is impossible that he should be acquitted? who thinks that money will have a greater
                influence over senators most carefully chosen, than fear will over three judges? But
                Scandilius says that he will not say a word before a judge like Artemidorus, and
                still he presses the matter on, and loads you with favourable conditions, if you
                choose to avail yourself of them. If you decide that, in the whole province of
                  <placeName key="tgn,7003122">Sicily</placeName>, no capable judge or recuperator
                can be found, he requires of you to refer the matter to <placeName key="perseus,Rome">Rome</placeName>; and on this you exclaim that the man is a
                dishonest man, for demanding a trial in which your character is at stake to take
                place in a place where he knows that you are unpopular. </p></div><div type="textpart" subtype="section" n="139" resp="perseus"><p> You say you will not send the case to <placeName key="perseus,Rome">Rome</placeName>. You say that you will not appoint judges out of the body of
                settlers; you put forward your own retinue. Scandilius says that he shall abandon
                the whole affair for the present, and return at his own time. What do you say to
                that? what do you do? you compel Scandilius to do what? to prosecute the matter
                regularly? In a shameless manner you put an end to the long-expected trial of your
                character; you do not do that—what do you do, then? </p></div><div type="textpart" subtype="section" n="140" resp="perseus"><p> Do you permit Apronius to select what judges he chooses out of your retinue? It is
                a scandalous thing that you should give one of the parties a power of selecting
                judges from that worthless crew, rather than give both a power of rejecting judges
                from a respectable class. You do neither of those things—what then? Is there
                anything more abominable that can be done? Yes; for he compels Scandilius to give
                and pay over that five thousand <foreign xml:lang="la">sesterces</foreign> to
                Apronius. What neater thing could be done by a praetor desirous of a fair
                reputation,—one who was anxious to repel from himself all suspicion, and to deliver
                himself from infamy? <milestone n="61" unit="chapter"/><milestone unit="Para"/> He
                had been a common topic of conversation, of reproach, of abuse. A worthless and
                debauched man had been in the habit of saying that the praetor was his partner. The
                master had come before the courts, had come to trial; he, upright and innocent man
                that he was, had an opportunity, by punishing Apronius, of relieving himself from
                the most serious disgrace. What punishment does he devise? what penalty for
                Apronius? He compels Scandilius to pay to Apronius five thousand <foreign xml:lang="la">sesterces</foreign>, as reward and wages for his unprecedented
                rascality, his audacity, and his proclamation of this wicked partnership. </p></div><div type="textpart" subtype="section" n="141" resp="perseus"><p> What difference did it make, O most audacious man, whether you made this decree,
                or whether you yourself made that profession and declaration concerning yourself
                which Apronius was in the habit of making? The man whom, if there had been shame,
                yes, if there had even been any fear in you, you ought not to have let go without
                punishment, you could not allow to come off without a reward. You might see the
                truth in every case, O judges, from this single affair of Scandilius. First of all,
                that this charge about the partnership in the tenths was not cooked up at <placeName key="perseus,Rome">Rome</placeName>, was not invented by the accuser; it was not
                (as we are accustomed sometimes to say in making a defence for a man) a domestic or
                back-stairs accusation; it was not originated in a time of your danger, but it was
                an old charge, bruited about long ago, when you were praetor, not made up at
                  <placeName key="perseus,Rome">Rome</placeName> by your enemies, but brought to
                  <placeName key="perseus,Rome">Rome</placeName> from the province. </p></div><div type="textpart" subtype="section" n="142" resp="perseus"><p> At the same time his great favour to Apronius may be clearly seen; also the, I
                will not say confession, but the boast of Apronius, about him. Besides all this, you
                can rake as clearly proved this first, that, in his own province, he would not
                entrust a trim in which his reputation was at stake, to any one out of his own
                retinue. <milestone n="62" unit="chapter"/><milestone unit="Para"/> Is there any
                judge who has not been convinced, from the very beginning of my accusation
                respecting the collection of tenths, that he had made an attack on the property and
                fortunes of the cultivators of the soil? Who is there who did not at once decide,
                from what I then proved, that he had sold the tenths under a law quite novel, and,
                therefore, no law at all, contrary to the usage and established regulations of all
                his predecessors? </p></div><div type="textpart" subtype="section" n="143" resp="perseus"><p> But even if I had not such judges as I have, such impartial, such careful, such
                conscientious judges, is there any one whatever who has not long ago formed his
                opinion and his judgment from the magnitude of the injuries done, the dishonesty of
                the decrees, the iniquity of the tribunals? Even although a man may be somewhat
                careless in judging,—somewhat indifferent to the laws, to his duty to the republic,
                to our allies and friends, what then? Can even such a man doubt of the dishonesty of
                that man, when he is aware that such vast gains were made,—such iniquitous
                compromises extorted by violence and terror?—when he knows that cities were
                compelled by violence and imperious commands, by the fear of scourges and death, to
                give such great rewards, not only to Apronius and to men like him, but even to the
                slaves of Venus? </p></div><div type="textpart" subtype="section" n="144" resp="perseus"><p> But if any one is but little influenced by the injuries done to our allies,—if
                there be any one who is not moved by the flight, the calamities, the banishment, and
                the suicides of the cultivators of the soil; still I cannot doubt that the man who
                knows, both from the documents of the cities and the letter of Lucius Metellus, that
                  <placeName key="tgn,7003122">Sicily</placeName> has been laid waste and the farms
                deserted, must decide that it is quite impossible that any other than the severest
                judgment should be passed on that man. Will there be any one who can conceal from
                himself, or be indifferent to these facts? I have brought before you trials
                commenced respecting the partnership in the tenths, but prevented by that man from
                being brought to a decision. What is there that any one can possibly desire plainer
                than this? I have no doubt that I have satisfied you, O judges. But I will go
                further; not, indeed, in order that this may be proved more completely to your
                satisfaction than I feel sure that it already is, but that he may at last give over
                his impudence,—may cease at Last to believe that he can purchase these things which
                he himself was always ready to sell his good faith, his oath, truth, duty, and
                religion;—that his friends may cease to keep continually saying things which may be
                injury, a stain, and odium, and infamy to all of us. </p></div><div type="textpart" subtype="section" n="145" resp="perseus"><p> But what friends are they? Alas, the order of senators! wretched, and unpopular,
                and detested through the fault and unworthiness of a few! That Alba Aemilius,
                sitting at the entrance of the market, should say openly that Verres had gained his
                cause,—that he had bought the judges, one for four hundred thousand <foreign xml:lang="la">sesterces</foreign>, another for five, the one who who went
                cheapest, for three! And when he was answered that that was impossible; that many
                witnesses would give evidence, and besides, that I should not desert the
                cause,—“Though,” said he, “every one were to make every possible statement against
                him, still, unless the matter be brought home to him so evidently that no answer can
                be given, we have gained the cause.” </p></div><div type="textpart" subtype="section" n="146" resp="perseus"><p> You say well, Alba. I will agree to your conditions. You think that conjecture
                avails nothing at a trial,—that suspicion avails nothing,—that the character of
                one's previous life avails nothing,—nor the evidence of virtuous men,—nor the
                authority or letters of cities. You demand evident proof I do not ask for judges
                like Cassius. I do not ask for the ancient impartiality of courts of justice. I do
                not, O judges, implore your good faith, your self-respect, your conscientiousness in
                giving judgment. I will take Alba for my judge; that man who is himself desirous of
                being considered an unprincipled buffoon: who by the buffoons has always been
                considered as a gladiator, rather than as a buffoon. I will bring forward such a
                case about the tenths that Alba shall confess that Verres, in the case of the corn,
                and in that of the property of the cultivators of the soil has been an open and
                undisguised robber. </p></div><milestone n="63" unit="chapter"/><milestone unit="Para"/><div type="textpart" subtype="section" n="147" resp="perseus"><p> He says that he sold the tenths of the Leontine district at a high price. I showed
                at the beginning that he ought not to be considered to have sold them at a high
                price' who in name indeed sold the tenths, but who in reality and by the terms of
                the sale, and through his law, and through his edict, and through the licentiousness
                of the collectors, left no tenths at all to the cultivators of the soil. I proved
                that also, that others had sold the tenths of the Leontine district and of other
                districts also, for a high price; and that they had sold them according to the law
                of Hiero; and that they sold them for even more than you had, and that then no
                cultivator had complained. Nor indeed was there anything of which any one could
                complain, when they were sold according to a law most equitably framed; nor did it
                ever make any difference to the cultivator at what price the tenths were sold. For
                it is not the case that, if they be sold at a high price, the cultivator owes more,
                if at a low price, less. As the crops are produced, so are the tenths sold. But it
                is for the interest of the cultivator, that his crops should be such that the tenths
                may be able to be sold at as high a price as possible. As long as the cultivator
                does not give more than a tenth, it is for his interest that the tenth should be as
                large as possible. </p></div><div type="textpart" subtype="section" n="148" resp="perseus"><p> But, I imagine, you mean this to be the chief article of your defence, that you
                sold all the tenths at a high price, but the tenths of the Leontine district, which
                produces the most, for two hundred and sixteen thousand <foreign xml:lang="la">modii</foreign> of wheat. If I prove that you could have sold them for a good
                deal more, but that you would not knock them down to those who were bidding against
                Apronius, and that you adjudged them to Apronius for much less than you might have
                adjudged them to others;—if I prove this, will even Alba, not only your oldest
                friend, out even your lover, be able to acquit you? <milestone n="64" unit="chapter"/><milestone unit="Para"/> I assert that a Roman knight, a man of the highest
                honour, Quintus Minucius, with others like himself, was willing to add to the tenths
                of the Leontine district not one thousand, not two thousand, not three thousand
                  <foreign xml:lang="la">modii</foreign> of wheat, but thirty thousand <foreign xml:lang="la">modii</foreign> of wheat to the tenths of one single district, and
                that he was not allowed to become the purchaser, that the matter might not escape
                the grasp of Apronius. </p></div></div></div></div></body></text></TEI>
                </passage>
            </reply>
            </GetPassage>