<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-eng2:2.3.219-2.3.226</requestUrn>
            </request>
            <reply>
                <urn>urn:cts:latinLit:phi0474.phi005.perseus-eng2:2.3.219-2.3.226</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="219" resp="perseus"><p> However, I give up this point too to you. Disregard what is past, if you please;
                but do not destroy their hopes for the future, and ruin all the provinces; guard
                against this,—against opening, by your authority, a visible and broad way for
                avarice, which up to this time has been in the habit of advancing by secret and
                narrow paths; for if you approve of this, and if you decide that it is lawful for
                money to be taken on that pretext, at all events there is no one except the most
                foolish of men who will not for the future do what as yet no one except the most
                dishonest of men ever has done; they are dishonest men who exact money contrary to
                the laws, they are fools who omit to do what it has been decided that they may do.
              </p></div><div type="textpart" subtype="section" n="220" resp="perseus"><p> In the next place, see, O judges, what a boundless licence for plundering people
                of money you will he giving to men. If the man who exacts three <foreign xml:lang="la">denarii</foreign> is acquitted, some one else will exact four, five,
                presently ten, or even twenty. What reproof will he meet with? At what degree of
                injury will the severity of the judge first begin to make a stand? How many <foreign xml:lang="la">denarii</foreign> will it be that will be quite intolerable? and at
                what point will the iniquity and dishonesty of the valuation be first arraigned? For
                it is not the amount, but the description of valuation that will be approved of by
                you. Nor can you decide in this manner, that it is lawful for a valuation to be made
                when the price fixed is three <foreign xml:lang="la">denarii</foreign>, but not
                lawful when the price fixed is ten; for when a departure is once made from the
                standard of the market price, and when the affair is once so changed that it is not
                the advantage of the cultivators which is the rule, but the will of the praetor,
                then the manner of valuing no longer depends on law and duty, but on the caprice and
                avarice of men. <milestone n="95" unit="chapter"/><milestone unit="Para"/>
                Wherefore, if in giving your decisions you once pass over the boundary of equity and
                law, know that you impose on those who come after no limit to dishonesty and avarice
                in valuing. </p></div><div type="textpart" subtype="section" n="221" resp="perseus"><p>See, therefore, how many things are required of you at once. Acquit the man who
                confesses that he has taken immense sums, doing at the same time the greatest injury
                to our allies. That is not enough. There are also many others who have done the same
                thing. Acquit them also, if there are any; so as to release as many rogues as
                possible by one decision. Even that is not enough. Cause that it may be lawful to
                those who come after them to do the same thing. It shall be lawful. Even this is too
                little. Allow it to be lawful for every one to value corn at whatever price he
                pleases. He may so value it. You see now, in truth, O judges, that if this valuation
                be approved of by you, there will be no limit hereafter to any man's avarice, nor
                any punishment for dishonesty. </p></div><div type="textpart" subtype="section" n="222" resp="perseus"><p> What, therefore, O Hortensius, are you about? You are the consul elect, you have
                had a province allotted to you. When you speak on the subject of the valuation of
                corn, we shall listen to you as if you were avowing that you will do what you defend
                as having been legitimately done by Verres; and as if you were very eager that that
                should be lawful for you which you say was lawful for him. But if that is to be
                lawful, there is nothing which you can imagine any one likely to do hereafter, in
                consequence of which he can possibly be condemned for extortion. For whatever sum of
                money any one covets, that amount it will be lawful for him to acquire, under the
                plea of the granary, and by means of the highness of the valuation. </p></div><milestone n="96" unit="chapter"/><milestone unit="Para"/><div type="textpart" subtype="section" n="223" resp="perseus"><p> But there is a thing, which, even if Hortensius does not say it openly in
                defending Verres, he still does say in such a manner that you may suspect and think
                that this matter concerns the advantage of the senators; that it concerns the
                advantage of those who are judges, and who think that they will some day or other be
                in the provinces themselves as governors or as lieutenants. But you must think that
                we have splendid judges, if you think them likely to show indulgence to the faults
                of others, in order the more easily to be allowed to commit faults themselves. Do we
                then wish the Roman people, do we wish the provinces, and our allies, and foreign
                nations to think that, if senators are the judges, this particular manner of
                extorting immense sums of money with the greatest injustice will never be in any way
                chastised? But if that be the case, what can we say against that praetor who every
                day occupies the senate, who insists upon it that the republic can not prosper, if
                the office of judge is not restored to the equestrian order? </p></div><div type="textpart" subtype="section" n="224" resp="perseus"><p> But if he begins to agitate this one point, that there is one description of
                extortion, common to all the senators, and now almost legalized in the case of that
                order, by which immense sums are taken from the allies with the greatest injustice;
                and that this cannot possibly be repressed by tribunals of senators, but that, while
                the equestrian order furnished the senators, it never was committed; who, then, can
                resist him? Who will be so desirous of gratifying you, who will be such a partisan
                of your order, as to be able to oppose the transference of the appointment of judges
                to that body? <milestone n="97" unit="chapter"/><milestone unit="Para"/> And I wish
                he were able to make a defence to this charge by any argument, however false, as
                long as it is natural and customary. You could then decide with less danger to
                yourselves, with less danger to all the provinces. Did he deny that he had adopted
                this valuation? You would appear to have believed the man in that statement, not to
                have approved of his action. He cannot possibly deny it. It is proved by all
                  <placeName key="tgn,7003122">Sicily</placeName>. Out of all that numerous band of
                cultivators, there is not one from whom money has not been exacted on the plea of
                the granary. </p></div><div type="textpart" subtype="section" n="225" resp="perseus"><p> I wish he were able to say even this, that that affair does not concern him; that
                the whole business relating to corn was managed by the quaestors. Even that he
                cannot say, because his own letters are read which were sent to the cities, written
                on the subject of the three <foreign xml:lang="la">denarii</foreign>. What then is
                his defence? “I have done what you accuse me of; I have extorted immense sums on the
                plea of the granary; but it was lawful for me to do so, and it will be lawful for
                you if you take care.” A dangerous thing for the provinces for any classes of injury
                to be established by judicial decision to a dangerous thing for our order, for the
                Roman people to think that these men, who themselves are subject to the laws, cannot
                defend the laws with strictness when they are judges. And while that man was
                praetor, O judges, there was not only no limit to his valuing corn, but there was
                none either to his demands of corn. Nor did he command that only to be supplied that
                was due, but as much as was advantageous for himself. I will put before you the sum
                total of all the corn commanded to be furnished for the granary, as collected out of
                the public documents, and the testimonies of the cities You will find, O judges,
                that man commanded the cities to supply five times as much as it was lawful for him
                to take for the granary. What can be added to this impudence, if he both valued it
                at such a price that men could not endure it, and also commanded so much more to be
                supplied than was permitted to him by the laws to require? </p></div><div type="textpart" subtype="section" n="226" resp="perseus"><p><milestone unit="Para"/>Wherefore, now that you have heard the whole business of
                the corn, O judges, you can easily see that <placeName key="tgn,7003122">Sicily</placeName>, that most productive and most desirable province, has been
                lost to the Roman people, unless you recover it by your condemnation of that man.
                For what is <placeName key="tgn,7003122">Sicily</placeName>, if you take away the
                cultivation of its land, and if you extinguish the multitude and the very name of
                the cultivators of the soil? For what can there be left of disaster which has not
                come to those unhappy cultivators, with every circumstance of injury and insult?
                They were liable, indeed, to pay tenths, but they have scarcely had a tenth left for
                themselves. When money has been due to them, it has not been paid; though the senate
                intended them to supply corn for the granary according to a very equitable
                valuation, they have been compelled to sell even the tools with which they cultivate
                their lands. </p></div></div></div></div></body></text></TEI>
                </passage>
            </reply>
            </GetPassage>