<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-eng2:2.3.209-2.3.214</requestUrn>
            </request>
            <reply>
                <urn>urn:cts:latinLit:phi0474.phi005.perseus-eng2:2.3.209-2.3.214</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="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 type="textpart" subtype="section" n="211" resp="perseus"><p> We are seeking examples, and those not ancient ones. Very lately each of them had
                an army. Ask, O Hortensius, since you are fond of modern instances, what they did.
                Will you not? Quintus Catulus used corn, but he exacted no money. Publius Servilius,
                though he commanded an army for five years, and by that means might have made an
                incalculable sum of money, thought that nothing was lawful for himself which he had
                not seen his father and his grandfather, Quintus Metellus, do. Shall Caius Verres be
                found, who will say that everything is lawful for him which is profitable? Will he
                allege in his defence that he has done in accordance with the example set by others,
                what none, except wicked men, ever have done? Oh, but it has been often done in
                  <placeName key="tgn,7003122">Sicily</placeName>. <milestone n="91" unit="chapter"/><milestone unit="Para"/> What is that condition in which <placeName key="tgn,7003122">Sicily</placeName> is? Why is the law of injustice, especially
                defined by a reference to the usages prevalent in that land which, on account of its
                antiquity as our ally, its fidelity, and its nearness to us, ought to enjoy the best
                laws of all? </p></div><div type="textpart" subtype="section" n="212" resp="perseus"><p> However, in <placeName key="tgn,7003122">Sicily</placeName> itself, (I will not go
                abroad to look for examples,) I will take examples out of the very bench of judges
                before me. Caius Marcellus, I call you as a witness. You governed the province of
                  <placeName key="tgn,7003122">Sicily</placeName> when you were proconsul. Under
                your command were any sums of money extorted, under the name of money for the
                granary? I do not give you any credit for this. There are other exploits, other
                designs of yours worthy of the highest praise, measures by which you recovered and
                set up again an afflicted and ruined province. For even Lepidus whom you succeeded
                had not committed this fraud about the granary. What precedents then have you in
                  <placeName key="tgn,7003122">Sicily</placeName> affecting this charge about the
                granary, if you cannot defend yourself from the accusation by quoting any action
                even of Lepidus, much less any action of Marcellus? </p></div><div type="textpart" subtype="section" n="213" resp="perseus"><p> Are you going to bring me back to the valuation of the corn, and the exaction of
                money by Marcus Antonius? Just so, says he; to the valuation of Marcus Antonius. For
                this is what he seemed to mean by his signs and nods. Out of all the praetors of the
                Roman people then, and consuls, and generals, have you selected Marcus Antonius, and
                even the most infamous action done by him, for your imitation? And here is it
                difficult for me to say, or for the judges to think, that in that unlimited
                authority Marcus Antonius behaved himself in such a manner, that it is by far more
                injurious to Verres to say that as he, in a most infamous transaction, wished to
                imitate Antonius, than if he were able to allege in his defence, that he had never
                in his whole life done anything like Marcus Antonius? Men in trials are accustomed
                to allege, in making a defence against an accusation, not what any one did, but what
                he did that was good. In the middle of his course of injustice and covetousness
                death overtook Antony, while he was still both doing and planning many things
                contrary to the safety of the allies many things contrary to the advantage of our
                provinces. Will you defend the audacity of Verres by the example of Antonius, as if
                the senate and people of <placeName key="perseus,Rome">Rome</placeName> approved of
                all his actions and designs? </p></div><milestone n="92" unit="chapter"/><milestone unit="Para"/><div type="textpart" subtype="section" n="214" resp="perseus"><p> But Sacerdos did the same. You name an upright man, and one endued with the
                greatest wisdom; but he can only be thought to have done the same thing, if he did
                it with the same intention. For the mere fact of the valuation has never been found
                fault with by me; but the equity of it depends on the advantage to, and willingness
                of the cultivator. No valuation can be found fault with, which is not only not
                disadvantageous, but which is even pleasing to the cultivator. Sacerdos, when he
                came into the province, commanded corn to be provided for the granary. As before the
                new harvest came in a <foreign xml:lang="la">modius</foreign> of wheat was five
                  <foreign xml:lang="la">denarii</foreign>, the cities begged of him to have a
                valuation. The valuation wee somewhat lower than the actual market price, for he
                valued it at three <foreign xml:lang="la">denarii</foreign>. You see that the same
                fact of a valuation, through the dissimilarity of the occasion, was a cause of
                praise in his instance, of accusation in yours. In his instance it was a kindness,
                in yours an injury. </p></div></div></div></div></body></text></TEI>
                </passage>
            </reply>
            </GetPassage>