<GetPassage xmlns:tei="http://www.tei-c.org/ns/1.0" xmlns="http://chs.harvard.edu/xmlns/cts">
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                <requestName>GetPassage</requestName>
                <requestUrn>urn:cts:latinLit:phi0474.phi005.perseus-eng2:2.3.35-2.3.42</requestUrn>
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            <reply>
                <urn>urn:cts:latinLit:phi0474.phi005.perseus-eng2:2.3.35-2.3.42</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="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></div></div></body></text></TEI>
                </passage>
            </reply>
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