<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-eng2:2.3.29-2.3.48</requestUrn>
            </request>
            <reply>
                <urn>urn:cts:latinLit:phi0474.phi005.perseus-eng2:2.3.29-2.3.48</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="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 type="textpart" subtype="section" n="37" resp="perseus"><p> By this edict, it was not the Sicilians, (for he had already sufficiently crushed
                and ruined them by his previous edicts,) but all those Roman knights who had fancied
                that they could preserve their rights against Apronius, excellent men, and highly
                esteemed by other praetors, who were delivered bound hand and foot into the power of
                Apronius. For just listen and see what sort of edicts these are. “A man,” says he,
                “is not to remove his corn from the threshing-floor, unless he has settled all
                demands.” This is a sufficiently strong inducement to making unfair demands; for I
                had rather give too much, than not remove my corn from the threshing-floor at the
                proper time. But that violence does not affect Septitius, and some others like
                Septitius, who say, “I will rather not remove my corn, than submit to an
                extortionate demand.” To these then the second edict is opposed. “You must have
                delivered it by the first of August.” I will deliver it then.—“Unless you have
                settled the demands, you shall not remove it.” So the fixing of the day for
                delivering it at the waterside, compelled the man to remove his corn from the
                threshing floor. And the prohibition to remove, unless the demand were settled, made
                the settlement compulsory and not voluntary. </p></div><milestone n="15" unit="chapter"/><milestone unit="Para"/><div type="textpart" subtype="section" n="38" resp="perseus"><p> But what follows is not only contrary to the law of Hiero, not only contrary to
                the customs of all former praetors, but even contrary to all the rights of the
                Sicilians, which they have as granted them by the senate and people of <placeName key="perseus,Rome">Rome</placeName>,—that they shall not be forced to give
                security to appear in any courts of justice but their own. Verres made a regulation
                that the cultivator should appear to an action brought by a collector in any court
                which the collector might choose. So that in this way also gain might accrue to
                Apronius, when he dragged a defendant all the way from Leontini to <placeName key="tgn,7003850">Lilybaeum</placeName> to appear before the court there, by
                making false accusations against the wretched cultivators. Although that device for
                false accusation was also contrived with singular cunning, when he ordered that the
                cultivators should make a return of their acres, as to what they were sown with. And
                this had not only great power in causing most iniquitous claims to be submitted to,
                as we shall show hereafter, and that too without any advantage to the republic, but
                at the same time it gave a great handle to false accusations, which all men were
                liable to if Apronius chose. </p></div><div type="textpart" subtype="section" n="39" resp="perseus"><p> For, as any one said anything contrary to his inclination, immediately he was
                summoned before the court on some charge relative to the returns made of his lands.
                Through fear of which action a great quantity of corn was extorted from many, and
                vast sums were collected; not that it was really difficult to male a correct return
                of a man's acres, or even to make an extravagantly liberal one, (for what danger
                could there be in doing that?) but still it opened a pretext for demanding a trial
                because the cultivator had not made his return in the terms of the edict. And you
                must feel sure what sort of trial that would be while that man was praetor, if you
                recollect what sort of a train and retinue he had about him. What is it, then, which
                I wish you to understand, O judges, from the iniquity of these new edicts? That any
                injury has been done to our allies? That you see. That the authority of his
                predecessors has been overruled by him? He will not dare to deny it. </p></div><milestone n="16" unit="chapter"/><milestone unit="Para"/><div type="textpart" subtype="section" n="40" resp="perseus"><p> That Apronius had such great influence while he was praetor? That he must
                unavoidably confess. But perhaps you will inquire in this place, as the law reminds
                you to do, whether he himself has made any money by this conduct. I will show you
                that he has made vast sums, and I will prove that he established all those
                iniquitous rules which I have mentioned before, with no object but his own profit,
                when I have first removed out of his line of defence that rampart which he thinks he
                shall be able to employ against all my attacks. <milestone unit="Para"/>I sold, says
                he, the tenths at a high price. What are you saying? Did you, O most audacious and
                senseless of men, sell the tenths? Did you sell those portions which the senate and
                people of <placeName key="perseus,Rome">Rome</placeName> allowed you to sell, or the
                whole produce; and in that the whole property and fortunes of the cultivators? If
                the crier had openly given notice by your order, that there was being sold, not a
                tenth, but half the corn, and if purchasers had come with the idea of buying half
                the corn—if then you had sold the half for more than the other praetors had sold the
                tenth part of it, would that seem strange to any one? But what shall we say if the
                crier gave notice of a sale of the tenths, but if, in fact, by your regulation,—by
                your edict,—by the terms of the sale which you offered, more than a half portion Was
                sold? Will you still think that creditable to yourself, to have sold what you had no
                right to sell for more than others sold what they fairly could? </p></div><div type="textpart" subtype="section" n="41" resp="perseus"><p> Oh, you sold the tenths for more than others had sold them. By what means did you
                manage that? by innocent means? Look at the temple of Castor, and then, if you dare,
                talk of your innocent means. By your diligence? Look at the erasures in your
                registers at the name of Sthenius of Thermae, and then have the face to call
                yourself diligent. By your ability? You who refused at the former pleadings to put
                questions to the witnesses, and preferred presenting yourself dumb before them, pray
                call yourself and your advocates able men as much as you please. By what means,
                then, did you manage what you say you did? For it is a great credit to you if you
                have surpassed your predecessors in ability, and left to your successors your
                example and your authority. Perhaps you had no one before you fit to imitate. But,
                no doubt, all men will imitate you, the investor and first parent of such excellent
                methods. </p></div><div type="textpart" subtype="section" n="42" resp="perseus"><p> What cultivator of the soil, when you were praetor, paid a tenth? Who paid
                two-tenths only? Who was there who did not think himself treated with the greatest
                lenity if he paid three tenths instead of one, except a few men, who, on account of
                a partnership with you in your robberies, paid nothing at all? See how great a
                difference there is between your harshness and the kindness of the senate. The
                senate, when owing to any necessity of the republic it is compelled to decree that a
                second tenth shall be exacted, decrees that for that second tenth money be paid to
                the cultivators, so that the quantity which is taken beyond what is strictly due may
                be considered to be purchased, not to be taken away. You, when you were exacting and
                seizing so many tenths, not by a decree of the senate, but by your own edicts and
                nefarious regulations, shall you think that you have done a great deed if you sell
                them for more than Lucius Hortensius, the father of this Quintus Hortensius,
                did,—than Cnaeus Pompeius or Caius Marcellus sold them for; men who did not violate
                justice, or law, or established rules? </p></div><div type="textpart" subtype="section" n="43" resp="perseus"><p> Were you to consider what might be got in one year, or in two years, and to
                neglect the safety of the province, the well-doing of the corn interest, and the
                interests of the republic in future times, though you came to the administration of
                affairs when matters were so managed that sufficient corn was supplied to the Roman
                people from <placeName key="tgn,7003122">Sicily</placeName>, and still it was a
                profitable thing for the cultivators to plough and till their land? What have you
                brought about? What have you gained? In order that, while you were praetor, some
                addition might be made to the revenue derived from the tenths, you have caused the
                allotments of land to be deserted and abandoned. Lucius Metellus succeeded you. Were
                you more innocent than Metellus? Were you more desirous of credit and honour? For
                you were seeking the consulship, but Metellus neglected the renown which he had
                inherited from his father and his grandfather. He sold the tenths for much less, not
                only than you had done, but even than those had who had sold them before you.
                  <milestone n="17" unit="chapter"/><milestone unit="Para"/> I ask, if he himself
                could not contrive any means for selling them at the best possible price, could he
                not follow in the fresh steps of you the very last praetor, so as to use your
                admirable edicts and regulations, invented and devised by you their author? </p></div><div type="textpart" subtype="section" n="44" resp="perseus"><p> But he thought that he should not at all be a Metellus if he imitated you in
                anything; he who when he thought that he was to go to that province sent letters to
                the cities of <placeName key="tgn,7003122">Sicily</placeName> from <placeName key="perseus,Rome">Rome</placeName>, a thing which no one in the memory of man
                ever did before, in which he exhorts and entreats the Sicilians to plough and sow
                their land for the service of the Roman people. He begs this some time before his
                arrival, and at the same time declares that he will sell the tenths according to the
                law of Hiero; that is to say, that in the whole business of the tenths he will do
                nothing like that man. And he writes this, not from being impelled by any
                covetousness to send letters into the province before his time, but out of prudence,
                lest, if the seed-time passed, we should have not a single grain of corn in the
                province of <placeName key="tgn,7003122">Sicily</placeName>. See Metellus's letters.
              </p></div><div type="textpart" subtype="section" n="45" resp="perseus"><p> Read the letter of Lucius Metellus. [The letters of Lucius Metellus are read.]
                  <milestone n="18" unit="chapter"/><milestone unit="Para"/> It is these letters, O
                judges, of Lucius Metellus, which you have heard, that have raised all the corn that
                there in this year in <placeName key="tgn,7003122">Sicily</placeName>. No one would
                have broken one clod of earth in all the land of <placeName key="tgn,7003122">Sicily</placeName> subject to the payment of tenths, if Metellus had not sent
                this letter. What? Did this idea occur to Metellus by inspiration, or had he his
                information from the Sicilians who had come to <placeName key="perseus,Rome">Rome</placeName> in great numbers, and from the traders of <placeName key="tgn,7003122">Sicily</placeName>? And who is ignorant what great crowds of
                them assembled at the door of the Marcelli, the most ancient patrons of <placeName key="tgn,7003122">Sicily</placeName>? what crowds of them thronged to Cnaeus
                Pompeius, the consul elect, and to the rest of the men connected with the province?
                And such a thing never yet took place in the instance of any one, as for a man to be
                openly accused by those people over whose property and families he had supreme
                dominion and power. So great was the effect of his injuries, that men preferred to
                suffer anything, rather than not to bewail themselves and complain of his wickedness
                and injuries. </p></div><div type="textpart" subtype="section" n="46" resp="perseus"><p> And when Metellus had sent these letters couched in almost a supplicating tone to
                all the cities, still he was far from prevailing with them to sow the land as they
                formerly had. For many had fled, as I shall presently show, and had left not only
                their allotments of land, but even their paternal homes, being driven away by the
                injuries of that man. <milestone unit="Para"/>I will not indeed, O judges, say
                anything for the sake of unduly exaggerating my charges. But the sentiments which I
                have imbibed through my eyes and in my mind, those I will state to you truly, and,
                as far as I can, plainly. </p></div><div type="textpart" subtype="section" n="47" resp="perseus"><p> For when four years afterwards I came into <placeName key="tgn,7003122">Sicily</placeName>, it appeared to me in such a condition as those countries are
                apt to be in, in which a bitter and long war has been carried on. Those plains and
                fields which I had formerly seen beautiful and verdant, I now saw so laid waste and
                desolate that the very land itself seemed to feel the want of its cultivators, and
                to be mourning for its master. The land of Herbita, of <placeName key="tgn,7003916">Enna</placeName>, of Morgantia, of Assoria, of Imachara, and of <placeName key="tgn,1043116">Agyrium</placeName>, was so deserted as to its principal part,
                that we had to look not only for the allotments of land, but also for the body of
                owners. But the district of <placeName key="tgn,7003867">Aetna</placeName>, which
                used to be most highly cultivated, and that which was the very head of the corn
                country, the district of Leontini, the character of which was formerly such that
                when you had once seen that sown, you did not fear any dearness of provisions, was
                so rough and unsightly, that in the most fruitful part of <placeName key="tgn,7003122">Sicily</placeName> we were asking where <placeName key="tgn,7003122">Sicily</placeName> could be gone? The previous year had, indeed,
                greatly shaken the cultivators, but the last one had utterly ruined them. </p></div><milestone n="19" unit="chapter"/><milestone unit="Para"/><div type="textpart" subtype="section" n="48" resp="perseus"><p> Will you dare also to make mention to me of the tenths? Do you, after such
                wickedness, after such cruelty, after such numerous and serious injuries done to
                people, when the whole province of <placeName key="tgn,7003122">Sicily</placeName>
                entirely depends on its arable land, and on its rights connected with that land;
                after the cultivators have been entirely ruined, the fields deserted—after you have
                left no one in so wealthy and populous a province—not only no property, but no hope
                even remaining; do you, I say, think that you can acquire any popularity by saying
                that you have sold the tenths at a better price than the other praetors? As if the
                Roman people had formed this wish, or the senate had given you this commission, by
                seizing all the fortunes of the cultivators under the name of tenths, to deprive the
                Roman people for all future time of that revenue, and of their supply of corn; and,
                as if after that, by adding some part of your own plunder to the total amount got
                from the tenths, you could appear to have deserved well of the Roman people.
                  <milestone unit="Para"/>And I say this, as if his injustice was to be reproved in
                this particular, that, out of a desire for credit to be got by surpassing others in
                the sum derived from tenths, he had put forth a law rather too severe, and edicts
                rather too stringent, and rejected the examples of all his predecessors. </p></div></div></div></div></body></text></TEI>
                </passage>
            </reply>
            </GetPassage>