<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-eng2:2.3.203-2.3.210</requestUrn>
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            <reply>
                <urn>urn:cts:latinLit:phi0474.phi005.perseus-eng2:2.3.203-2.3.210</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="203" resp="perseus"><p> But <placeName key="tgn,7003122">Sicily</placeName> could not endure that in the
                case of the public corn; she did indeed bear it in the case of my own. Just as if
                that valuation was more just when your advantage was concerned, than when that of
                the Roman people was; or, as if the conduct which I speak of and that which you
                adopted, differed only in the description of the injury, and not in the magnitude of
                the sum involved. But that granary they can by no means bear, not even if everything
                else be remitted; not even if they were for ever hereafter delivered from all the
                injuries and distresses which they have suffered while you were praetor, still they
                say that they could not by any possibility support that granary and that valuation.
              </p></div><milestone n="88" unit="chapter"/><milestone unit="Para"/><div type="textpart" subtype="section" n="204" resp="perseus"><p> Sophocles of <placeName key="tgn,7003808">Agrigentum</placeName>, a most eloquent
                man, adorned with every sort of learning and with every virtue, is said to have
                spoken lately before Cnaeus Pompeius, when he was consul, on behalf of all
                  <placeName key="tgn,7003122">Sicily</placeName>, concerning the miseries of the
                cultivators, with great earnestness and great variety of arguments, and to have
                lamented their condition to him. And of all the things which he mentioned, this
                appeared the most scandalous to those who were present, (for the matter was
                discussed in the presence of a numerous assembly,) that, in the very matter in which
                the senate had dealt most honestly and most kindly with the cultivators, in that the
                praetor should plunder, and the cultivators be ruined and that should not only be
                done, but done in such a manner as if it were lawful and permitted. </p></div><div type="textpart" subtype="section" n="205" resp="perseus"><p><milestone unit="Para"/>What says Hortensius to this? that the charge is false? He
                will never say this.—That no great sum was gained by this method? He will not even
                say that.—That no injury was done to Sicilians and the cultivators? How can he say
                that?—What then, will he say,—That it was done by other men. What is the meaning of
                this? Is it a defence against the charge, or company in banishment that he is
                seeking for? Will you in this republic, in this time of unchecked caprice, and (as
                up to this time the course of judicial proceedings has proved) licentiousness on the
                part of men, will you defend that which is found fault with, and affirm that it has
                been done properly; not by reference to right, nor to equity, nor to law, nor
                because it was expedient, nor because it was allowed, but because it was some one
                else who did it? </p></div><div type="textpart" subtype="section" n="206" resp="perseus"><p> Other men, too, hare done other things, and plenty of them; why in this charge
                alone do you use this sort of defence? There are some things in you so
                extraordinary, that they cannot be said of, or meet in the character of, any other
                man; there are some things which you have in common with many men. Therefore, to say
                nothing of your acts of peculation, or of your taking money for the appointment of
                judges, and other things of that sort which, perhaps, other men also may have
                committed; will you defend yourself, also, from the charge which I bring against you
                as the most serious one of all—the charge, namely, of having taken money to
                influence your legal decisions, by the same argument, that others have done so too?
                Even if I were to admit the assertion, still I should not admit it as any defence.
                For it would be better that by your condemnation there should be more limited room
                for defending dishonesty left to others, than that, owing to your acquittal, others
                should be thought to have legitimately done what they have done with the greatest
                audacity. </p></div><milestone n="89" unit="chapter"/><milestone unit="Para"/><div type="textpart" subtype="section" n="207" resp="perseus"><p> All the provinces are mourning; all the nations that are free are complaining;
                every kingdom is expostulating with us about our covetousness and our injustice;
                there is now no place on this side of the ocean, none so distant, none so out of the
                way, that, in these latter times, the lust and iniquity of our citizens has not
                reached it. The Roman people is now no longer able to bear (I have not to say the
                violence, the arms, and the war, but) the mourning, the tears, and the complaints,
                of all foreign nations. In a case of this sort, in speaking of customs of this sort,
                if he who is brought before the tribunal, when he is detected in evident crimes,
                says that others have also done the same, he will not want examples; but the
                republic will want safety, if, by the precedents of wicked men, wicked men are to be
                delivered from trial and from danger. </p></div><div type="textpart" subtype="section" n="208" resp="perseus"><p> Do you approve of the manners of men at present? Do you approve of men's behaving
                themselves in magistracies as they do? Do you approve, finally, of our allies being
                treated as you see that they have been treated all this time? Why am I forced to
                take all this trouble? Why are you all sitting here? Why do you not rise up and
                depart before I have got halfway through my speech? Do you wish to lay open at all
                the audacity and licentiousness of these men? Give up doubting whether it is more
                useful, because there are so many wicked men, to spare one, or by the punishment of
                one wicked man, to check the wickedness of many. </p></div><div type="textpart" subtype="section" n="209" resp="perseus"><p> Although, what are those numerous instances of wicked men? For when in a cause of
                such importance, when in the case of a charge of such gravity, the defendant has
                begun to say that anything has frequently been done, those who hear him are
                expecting precedents drawn from ancient tradition; from old records and old
                documents, full of dignity, full of antiquity. <milestone n="90" unit="chapter"/><milestone unit="Para"/> For such instances usually have both a great deal of
                authority in proving any point, and are very pleasant to hear cited. Will you speak
                to me of the Africani, and the Catos and the Laelii, and will you say that they have
                done the same thing? Then, even though the act might not please me, still I should
                not be able to fight against the authority of those men. But, since you will not be
                able to produce them, will you bring forward these moderns, Quintus Catulus the
                father, Caius Marcius, Quintus Scaevola, Marcus Scaurus, Quintus Metellus? who have
                all governed provinces, and who have all levied corn on the ground of filling the
                granary. The authority of the men is great, so great as to be able to remove all
                suspicion of wrong-doing. </p></div><div type="textpart" subtype="section" n="210" resp="perseus"><p> But you have not, even out of these men who have lived more recently, one
                precedent of that authority. Whither, then, or to what examples will you bring me
                back? Will you lead me away from those men who have spent their lives in the service
                of the republic at a time when manners were very strict, and when the opinion of men
                was considered of great weight, and when the courts of justice were severe, to the
                existing caprice and licentiousness of men of the present age? And do you seek
                precedents for your defence among those men, as a warning to whom the Roman people
                have decided that they are in need of some severe examples? I do not, indeed,
                altogether condemn the manners of the present time, as long as we follow those
                examples which the Roman people approves of; not those which it condemns. I will not
                look around me, I will not go out of doors to seek for any one, while we have as
                judges those chiefs of the city, Publius Servilius and Quintus Catulus, who are men
                of such authority, and distinguished for such exploits, that they may be classed in
                that number of ancient and most illustrious men of whom I have previously spoken.
              </p></div></div></div></div></body></text></TEI>
                </passage>
            </reply>
            </GetPassage>