<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-eng2:2.3.139-2.3.146</requestUrn>
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            <reply>
                <urn>urn:cts:latinLit:phi0474.phi005.perseus-eng2:2.3.139-2.3.146</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="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></div></div></div></body></text></TEI>
                </passage>
            </reply>
            </GetPassage>