<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-eng2:2.3.147-2.3.154</requestUrn>
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            <reply>
                <urn>urn:cts:latinLit:phi0474.phi005.perseus-eng2:2.3.147-2.3.154</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="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 type="textpart" subtype="section" n="149" resp="perseus"><p> You cannot by any means deny this, unless you are determined to deny everything.
                The business was transacted openly, in a full assembly, at <placeName key="perseus,Syracuse">Syracuse</placeName>. The whole province is the witness,
                because men are accustomed to flock together thither from all parts at the sale or
                the tenths. And whether you confess this, or whether it be proved against you, do
                you not see in what important and what evident acts you are detected. First of all,
                it is proved that that business and that booty was yours. For unless it was, why did
                you prefer that Acronius (who every one was saying was only managing your affairs in
                the matter of the tenths as your agent) should get the tenths of the Leontine
                district rather than Quintus Minucius? Secondly, that an enormous and immense profit
                was made by you. For if you would not have been influenced by thirty thousand
                  <foreign xml:lang="la">modii</foreign> of wheat, at all events Minucius would
                willingly have given thus much as a compliment to Apronius, if he had been willing
                to accept it. </p></div><div type="textpart" subtype="section" n="150" resp="perseus"><p> How great then must we suppose the expectation of booty which he entertained to
                have been, when he despised and scorned such vast present profit: acquired without
                the slightest trouble. Thirdly, Minucius himself would never have wished to have
                them at such a price, if you had been selling the tenths according to the Law of
                Hiero; but because he saw that by your new edicts and most iniquitous resolutions he
                should get a good deal more than tenths, on that account he advanced higher. But
                Apronius had always even a good deal more permitted to him than you had announced in
                your edict. How much gain then can we suppose was made by him to whom everything was
                permitted; when that man was so willing to add so large a compliment, who would not
                have had the same licence if he had bought the tenths? </p></div><div type="textpart" subtype="section" n="151" resp="perseus"><p> Lastly, unquestionably that defence, under which you have constantly thought that
                all your thefts and iniquities could be concealed, is cut from under your feet; that
                you sold the tenths at a high price—that you consulted the interest of the Roman
                people—that you provided for plenty of provisions. He cannot say this, who cannot
                deny that he sold the tenths of one district for thirty thousand <foreign xml:lang="la">modii</foreign> less than he might have done; even if I were to
                grant you this, that you did not grant them to Minucius because you had already
                adjudged them to Apronius; for they say that that is what you are in the habit of
                saying, and I am expecting to hear it, and I wish you would make that defence. But,
                even if it were so, still you cannot boast of this as a great thing, that you sold
                the tenths at a high price, when you admit that there were people who were willing
                to buy them at a much higher price. </p></div><milestone n="65" unit="chapter"/><milestone unit="Para"/><div type="textpart" subtype="section" n="152" resp="perseus"><p> The avarice, then, and covetousness of this man, his wickedness, and dishonesty,
                and audacity, are proved, O judges, are proved most incontestably. What more shall I
                say What if his own friends and defenders have formed the same opinion that I have?
                What can you have more? On the arrival of Lucius Metellus the praetor, when Verres
                had made all his retinue friends of this also by that sovereign medicine of his,
                money, men applied to Metellus; Apronius was brought before him; his accuser was a
                man of the highest consideration, Caius Gallius, a senator. He demanded of Metellus
                to give him a right of action according to the terms of his edict against Apronius,
                “for having taken away property by force or by fear,” which formula of Octavius,
                Metellus had both adopted at <placeName key="perseus,Rome">Rome</placeName>, and now
                imported into the province. He does not succeed; as Metellus said that he did not
                wish by means of such a trial to prejudge the case of Verres himself in a matter
                affecting his condition as a free citizen. The whole retinue of Metellus, grateful
                men, stood by Apronius. Caius Gallius, a man of our order, cannot obtain from Lucius
                Metellus, his most intimate friend, a trial in accordance with his own edict. </p></div><div type="textpart" subtype="section" n="153" resp="perseus"><p> I do not blame Metellus; he spared a friend of his—a connection, indeed, as I have
                heard him say himself. I do not, I say, blame Metellus; but I do marvel how he not
                only prejudged the case of a man concerning whom he was unwilling that any previous
                decision should take place by means of judges, but even judged most severely and
                harshly respecting him. For, in the first place, if he thought that Apronius would
                be acquitted, there was no reason for his fearing any previous decision. In the
                second place, if Apronius were condemned, all men were likely to think that the
                cause of Verres was involved in his; this at all events Metellus did now decide, and
                he determined that their affairs and their causes were identical, since he
                determined that, if Apronius were condemned, it would be a prejudging of the case of
                Verres. And one fact is at the same time a proof of two things; both that the
                cultivators gave much more than they owed to Apronius because they were constrained
                by violence and fear; and also, that Apronius was transacting Verres's business in
                his own name, since Lucius Metellus determined that Apronius could not be condemned
                without giving a decision at the same time respecting the wickedness and dishonesty
                of Verres. </p></div><milestone n="66" unit="chapter"/><milestone unit="Para"/><div type="textpart" subtype="section" n="154" resp="perseus"><p> I come now to the letter of Timarchides, his freedman and attendant; and when I
                have spoken of that, I shall have finished the whole of my charge respecting the
                truth This is the letter, O judges, which we found at <placeName key="perseus,Syracuse">Syracuse</placeName>, in the house of Apronius, where we
                were looking for letters. It was sent, as it proves itself, on the journey, when
                Verres had already departed from the province; written by the hand of Timarchides
                Read the letter of Timarchides: “Timarchides, the officer of Verres, wishes health
                to Apronius.” Now I do not blame this which he has written, “The officer.” <note anchored="true">The Latin is <foreign xml:lang="la">accensus</foreign>. “The
                    <foreign xml:lang="la">accensus</foreign> was a public officer who attended on
                  several of the Roman magistrates. He anciently preceded the consul, who had not
                  the fasces.... It was his duty to summon the people to the assemblies, and those
                  who had law-suits to court; and also, by command of the consul and praetor, to
                  proclaim the time, when it was the third hour, the sixth, &amp;c. <foreign xml:lang="la">Accensi</foreign> also attended on the governors of provinces, and
                  were commonly freedmen of the magistrate on whom they attended.”—Smith, Dict. Ant.
                  in voce.</note> For why should clerks alone assume to themselves this privilege?
                “Lucius Papirius the clerk,” I should like this signature to be common to all
                attendants, lictors, and messengers. <note anchored="true">The Latin is <foreign xml:lang="la">viator</foreign>. “<foreign xml:lang="la">Viator</foreign> was a
                  servant who attended upon and executed the commands of certain Roman magistrates,
                  to whom he bore the same relation that the lictor did to other magistrates. The
                  name <foreign xml:lang="la">viator</foreign> was derived from the circumstance of
                  their being chiefly employed in messages, either to call upon senators to attend
                  the meeting of the senate, or to summon people to the comitia.”—Smith, Dict. Ant.
                  in voce.</note> “Be sure and be very diligent in everything which concerns the
                praetor's character.” He recommends Verres to Apronius, and exhorts him to resist
                his enemies; Your reputation is protected by a very efficient guard, if indeed it
                depends on the diligence and authority of Apronius. “You have virtue and eloquence.”
              </p></div></div></div></div></body></text></TEI>
                </passage>
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