<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-eng2:2.3.25-2.3.36</requestUrn>
            </request>
            <reply>
                <urn>urn:cts:latinLit:phi0474.phi005.perseus-eng2:2.3.25-2.3.36</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="25" resp="perseus"><p><milestone unit="Para"/>First of all, listen, O judges, to his splendid edict.
                “Whatever amount of tithe the collector declared that the cultivator ought to pay,
                that amount the cultivator should be compelled to pay to the collector.”—How? Let
                him pay as much as Apronius demands? What is this? is the regulation of a praetor
                for allies, or the edict and command of an insane tyrant to conquered enemies? Am I
                to give as much as he demands? He will demand every grain that I can get out of my
                land. Am I to give all? Yes, and more too, if he chooses. What, then, am I to do?
                What do you think? You must either pay, or you will be convicted of having disobeyed
                the edict. O ye immortal gods, what a state of things is this For it is hardly
                credible. And indeed. </p></div><div type="textpart" subtype="section" n="26" resp="perseus"><p>I am persuaded, O judges, that, though you should think that all other vices are
                met in this man, still this must seem false to you. For I myself, though all
                  <placeName key="tgn,7003122">Sicily</placeName> told me of it, still should not
                dare to affirm this to you, if I was not able to recite to you these edicts from his
                own documents in those very words—as I will do. Give this, I pray you, to the clerk;
                he shall read from the register. Read the edict about the returns of property. [The
                edict about the returns of property is read.] He says I am not reading the whole.
                For that is what he seems to intimate by shaking his head. What am I passing over?
                is it that part where you take care of the interests of the Sicilians, and show
                regard for the miserable cultivators? For you announce in your edict, that you will
                condemn the collector in eightfold damages, if he has taken more than was due to
                him. I do not wish anything to be passed over. Read this also which he requires;
                read every word. [The edict about the eightfold damages is read.] Does this mean
                that the cultivator is to prosecute the collector at law? It is a miserable and
                unjust thing for men to be brought from the country into the forum, from the plough
                to the courts of justice; from habits of rustic life to actions and trials to which
                they are wholly unaccustomed. </p></div><milestone n="11" unit="chapter"/><milestone unit="Para"/><div type="textpart" subtype="section" n="27" resp="perseus"><p> When in all the other countries liable to tribute, of <placeName key="tgn,1000004">Asia</placeName>, of <placeName key="tgn,7006667">Macedonia</placeName>, of
                  <placeName key="tgn,1000095">Spain</placeName>, of <placeName key="tgn,1000070">Gaul</placeName>, of <placeName key="tgn,7001242">Africa</placeName>, of
                  <placeName key="tgn,7003122">Sicily</placeName>, and in those parts of <placeName key="tgn,1000080">Italy</placeName> also which are so liable; when in all these, I
                say, the farmer in every case has a right to claim and a power to distrain, but not
                to seize and take possession without the interference of the law, you established
                regulations respecting the most virtuous and honest and honourable class of
                men,—that is, respecting the cultivators of the soil,—which are contrary to all
                other laws. Which is the most just, for the collector to have to make his claim, or
                for the cultivator to have to recover what has been unlawfully seized? for them to
                go to trial when things are in their original state, or when one side is ruined? for
                him to be in possession of the property who has acquired it by hard labour, or him
                who has obtained it by bidding for it at an auction? What more? They who cultivate
                single acres, who never cease from personal labour, of which class there were a
                great number, and a vast multitude among the Sicilians before you came as
                praetor,—what are they to do? When they have given to Apronius all he has demanded,
                are they to leave their allotments? to leave their own household gods? to come to
                  <placeName key="perseus,Syracuse">Syracuse</placeName>, in order while you,
                forsooth, are praetor, to prosecute, by the equal law which they will find there,
                Apronius, the delight and joy of your life, in a suit for recovery of their
                property? </p></div><div type="textpart" subtype="section" n="28" resp="perseus"><p>But so be it. Some fearless and experienced cultivator will be found, who, when he
                has paid the collector as much as he says is due, will seek to recover it by course
                of law, and will sue for the eightfold penalty. I look for the vigour of the edict,
                for the impartiality of the praetor; I espouse the cause of the cultivator; I wish
                to see Apronius condemned in the eightfold penalty. What now does the cultivator
                demand? Nothing but sentence for an eightfold penalty, according to the edict. What
                says Apronius? He is unable to object. What says the praetor? He bids him challenge
                the judges. Let us, says he, make out the decuries. What decuries? Those from my
                retinue; you will challenge the others. What? of what men is that retinue composed?
                Of Volusius the soothsayer, and Cornelius the physician, and the other dogs whom you
                see licking up the crumbs about my judgment-seat. For he never appointed any judge
                or recuperator <note anchored="true">The <foreign xml:lang="la">recuperatores</foreign> were a kind of judges, usually appointed by the
                  praetors in some particular kinds of action, and especially in those relating to
                  money.</note> from the proper body. <note anchored="true">The Latin word here is
                    <foreign xml:lang="la">conventus</foreign>, which often occurs in these
                  orations; properly it means any assembly of men, but when the Romans had reduced
                  foreign countries into the form of provinces, it assumed a nave definite meaning.
                  Sometimes it was applied to the whole body of Roman citizens who were either
                  permanently or temporarily settled in a province. Also in order to facilitate the
                  administration of justice, a province was divided into a number of districts, each
                  of which was called <foreign xml:lang="la">conventus</foreign>... Roman citizens
                  living in a province, at certain times of the year, fixed by the proconsul,
                  assembled in the chief town of the district, and this meeting bore the name of
                    <foreign xml:lang="la">conventus</foreign>. At this conventus litigant, parties
                  applied to the proconsul, who selected a number of judges from the conventus to
                  try their causes. The proconsul himself presided at the trial, and pronounced the
                  sentence according to the views of the judges who were his assessors.—Smith, Dict.
                  Ant in v. <foreign xml:lang="la">Conventus</foreign>.</note> He said all men who
                possessed one clod of earth were unfairly prejudiced against the collectors. People
                had to sue Apronius before these men who had not yet got rid of the surfeit from his
                last banquet. <milestone n="12" unit="chapter"/><milestone unit="Para"/> What a
                splendid and memorable court! what an impartial decision! what a safe resource for
                the cultivators of the soil! </p></div><div type="textpart" subtype="section" n="29" resp="perseus"><p> And that you may understand what sort of decisions are obtained in actions for the
                eightfold penalty, and what sort of judges those selected from that man's retinue
                are considered to be, listen to this. Do you think that any collector, when this
                licence was allowed him of taking from the cultivator whatever he claimed, ever did
                demand more than was due? Consider yourselves in your own minds, whether you think
                any one ever did so, especially when it might have happened, not solely through
                covetousness, but even though ignorance. Many must have done so. But I say that all
                extorted more, and a great deal more, than the proper tenths. Tell me of one man, in
                the whole three years of your praetorship, who was condemned in the eightfold
                penalty. Condemned, indeed! Tell me of one man who was ever prosecuted according to
                your edict. There was not, in fact, one cultivator who was able to complain that
                injustice had been done to him; not one collector who claimed one grain more as due
                to him than really was due. Far from that. Apronius seized and carried off whatever
                he chose from every one. In every district the cultivators, harassed and plundered
                as they were, were complaining, and yet no instance of a trial can be found. </p></div><div type="textpart" subtype="section" n="30" resp="perseus"><p> Why is this? Why did so many bold, honourable, and highly esteemed men—so many
                Sicilians, so many Roman knights—when injured by one most worthless and infamous
                man, not seek to recover the eightfold penalty, which had most unquestionably been
                incurred? What is the cause, what is the reason? That reason alone, O judges, which
                you see,—because they knew they should come off at the trial defrauded and
                ridiculed. In truth, what sort of triad must that be, when three of the profligate
                and abandoned retinue of Verres sat on the tribunal under the name of judges?—slaves
                of Verres, not inherited by him from his father, but recommended to him by his
                mistress. </p></div><div type="textpart" subtype="section" n="31" resp="perseus"><p> The cultivator, forsooth, might plead his cause; he might show that no corn was
                left him by Apronius,—that even his other property was seized; that he himself had
                been driven away with blows. Those admirable men would lay their heads together,
                they would chat to one another about revels and harlots, if they could catch any
                when leaving the praetor. The cause would seem to be properly heard: Apronius would
                have risen, full of his new dignity as a knight; not like a collector all over dirt
                and dust, but reeking with perfumes, languid with the lateness of the last night's
                drinking party, with his first motion, and with his breath he would have filled the
                whole place with the odour of wine, of perfume, and of his person. He would have
                said, what he repeatedly has said, that he had bought, not the tenths, but the
                property and fortunes of the cultivators; that he, Apronius, was not a collector,
                but a second Verres,—the absolute lord and master of those men. And when he had said
                this, those admirable men of Verres's train, the judges, would deliberate, not about
                acquitting Apronius, but they would inquire how they could condemn the cultivator
                himself to pay damages to Apronius. </p></div><milestone n="13" unit="chapter"/><milestone unit="Para"/><div type="textpart" subtype="section" n="32" resp="perseus"><p> When you had granted this licence for plundering the cultivators to the collectors
                of the tenths,—that is, to Apronius,—by allowing him to demand as much as he chose,
                and to carry off as much as he demanded, were you preparing this defence for your
                trial,—that you had promised by edict that you would assign judges in a trial for an
                eightfold penalty? Even if in truth you were to give power to the cultivator, not
                only to challenge his judges, but even to pick them out of the whole body of the
                Syracusan assembly, (a body of most eminent and honourable men,) still no one could
                bear this new sort of injustice,—that, when one has given up the whole of one's
                produce to the farmer, and had one's property taken out of one's hands, then one is
                to endeavour to recover one's property and to seek its restitution by legal
                proceedings. </p></div><div type="textpart" subtype="section" n="33" resp="perseus"><p> But when what is granted by the edict is, in name indeed, a trial, but in reality
                a collusion of your attendants, most worthless men, with the collectors, who are
                your partners, and besides that, with the judges, do you still dare to mention that
                trial, especially when what you say is refuted, not merely by my speech, but by the
                facts themselves? when in all the distresses of the cultivators of the soil, and all
                the injustice of the collectors, not only has no trial ever taken place according to
                that splendid edict, but none has ever been so much as demanded? </p></div><div type="textpart" subtype="section" n="34" resp="perseus"><p> However, he will be more favourable to the cultivators than he appears; for the
                same man who has announced in his edict that he will allow a trial against the
                collectors, in which they shall be liable to an eightfold penalty, had it also set
                down in his edict, that he would grant a similar trial against the cultivators, in
                which they should be liable to a fourfold penalty. Who now dares to say that this
                man was unfavourably disposed or hostile to the cultivators? How much more lenient
                is he to them than to the collectors? He has ordered in his edict that the Sicilian
                magistrate should exact from the cultivator whatever the collector declared ought to
                be paid to him. What sentence has he left behind, which can be pronounced against a
                cultivator of the soil It is not a bad thing, says he, for that fear to exist; so
                that, when the money has been exacted from the cultivator, still there will be
                behind a fear of the court of justice, to prevent him from stirring himself. If you
                wish to exact money from me by process of law, remove the Sicilian magistrate. If
                you employ this violence, what need is there of a process of law? Moreover, who will
                there be who would not prefer paying to your collectors what they demand, to being
                condemned in four times the amount by your attendants. </p></div><milestone n="14" unit="chapter"/><milestone unit="Para"/><div type="textpart" subtype="section" n="35" resp="perseus"><p> But that is a splendid clause in the edict, that gives notice that in all disputes
                which arise between the cultivator and the collector, he will assign judges, if
                either party wishes it. In the first place, what dispute can there be when he who
                ought to make a claim, makes a seizure instead? and when he seizes, not as much as
                is due, but as much as he chooses? and when he, whose property is seized, cannot
                possibly recover his own by a suit at law? In the second place, this dirty fellow
                wants even in this to seem cunning and wily; for he frames his edict in these
                words—“If either wishes it, I will assign judges.” How neatly does he think he is
                robbing him! He gives each party the power of choice; but it makes no difference
                whether he wrote—“If either wishes it," or "If the collector wishes it.” For the
                cultivator will never wish for those judges of yours. </p></div><div type="textpart" subtype="section" n="36" resp="perseus"><p> What next? What sort of edicts are those which he issued to meet particular
                occasions, at the suggestion of Apronius? When Quintus Septitius, a most honourable
                man, and a Roman knight, resisted Apronius, and declared that he would not pay more
                than a tenth, a sudden special edict makes its appearance, that no one is to remove
                his corn from the threshing-floor before he has settled the demands of the
                collector. Septitius put up with this injustice also, and allowed his corn to be
                damaged by the rain, while remaining on the threshing-floor, when on a sudden that
                most fruitful and profitable edict comes out, that every one was to have his tenths
                delivered at the water-side before the first of August. </p></div></div></div></div></body></text></TEI>
                </passage>
            </reply>
            </GetPassage>