<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-eng2:2.3.35-2.3.54</requestUrn>
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            <reply>
                <urn>urn:cts:latinLit:phi0474.phi005.perseus-eng2:2.3.35-2.3.54</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 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 type="textpart" subtype="section" n="49" resp="perseus"><p> You sold the tenths at a high price. What will be said, if I prove that you
                appropriated and took to your own house no less a sum than you had sent to
                  <placeName key="perseus,Rome">Rome</placeName> under the name of tenths? What is
                there to obtain popularity for you in that plan of yours, when you took for yourself
                from a province of the Roman people a share equal to that which you sent to the
                Roman people? What will be said if I prove that you took twice as much corn yourself
                as you sent to the Roman people? Shall we still expect to see your advocate toss his
                head at this accusation, and throw himself on the people, and on the assembly here
                present? These things you have heard before, O judges; but perhaps you have heard it
                on no other authority than report, and the common conversation of men. Know now that
                an enormous sum was taken by him on pretences connected with corn; and consider at
                the same time the profligacy of that saying of his, when he said that by the profit
                made on the tenths alone, he could buy himself off from all his dangers. </p></div><milestone n="20" unit="chapter"/><milestone unit="Para"/><div type="textpart" subtype="section" n="50" resp="perseus"><p> We have heard this for a long time, O judges. I say that there is not one of you
                who has not often heard that the collectors of the tenths were that mans partners. I
                do not think that anything else has been said against him falsely by those who think
                ill of him but this. For they are to be considered partners of a man, with whom the
                gains of a business are shared. But I say that the whole of these gains, and the
                whole of the fortunes of the cultivators, went to Verres alone. I say that Apronius,
                and those slaves of Venus, who were quite a new class of farmers first heard of in
                his praetorship! and the other collectors, were only agents of that one man's gains,
                and ministers of his plunder. How do you prove that? </p></div><div type="textpart" subtype="section" n="51" resp="perseus"><p> How did I prove that he had committed robbery in the contract for those pillars?
                Chiefly, I think, by this fact, that he had put forth an unjust and unprecedented
                law. For who ever attempted to change all the rights of people, and the customs of
                all men, getting great blame for so doing, except for some gain? I will proceed and
                carry this matter further. You sold the tenths according to an unjust law, in order
                to sell them for more money. Why, when the tenths were now knocked down and
                sold,—when nothing could now be added to their sum total, but much might be to your
                own gains,—why did new edicts appear, made on a sudden and to meet an emergency? For
                I say, that in your third year you issued edicts, that a collector might summon a
                man before the court anywhere he liked; that the cultivator might not remove his
                corn from the threshing-floor, before he had settled the claims of the collector;
                that they should have the tenths delivered at the water-side before the first of
                August. All these edicts, I say, you issued after the tenths had been sold. But if
                you had issued them for the sake of the republic, notice would have been given of
                them at the time of selling; because you were acting with a view to your own
                interest, you, being prompted by your love of gain and by the emergency, repaired
                the omission which had unintentionally occurred. </p></div><div type="textpart" subtype="section" n="52" resp="perseus"><p> But who can be induced to believe this—that you, without any profit, or even
                without the greatest profit to yourself, disregarded the great disgrace, the great
                danger to your position as a free man, and to your fortunes, which you were
                incurring, so far as, though you were daily hearing the groans and complaints of all
                  <placeName key="tgn,7003122">Sicily</placeName>,—though, as you yourself have
                said, you expected to be brought to trial for this,—though the hazard of this
                present trial is not at all inconsistent with the opinion you yourself had
                formed,—still to allow the cultivators of the soil to be harassed and plundered with
                circumstances of the most scandalous injustice? In truth, though you are a man of
                singular cruelty and audacity, still you would be unwilling for a whole province to
                be alienated from you,—for so many most honourable men to be made your greatest
                enemies, if your desire for money and present booty had not overcome all reason and
                all consideration of safety. </p></div><div type="textpart" subtype="section" n="53" resp="perseus"><p> But, O judges, since it is not possible for me to detail to you the sum total and
                the whole number of his acts of injustice,—since it would be an endless task to
                speak separately of the injuries done to each individual,—I beg you, listen to the
                different kinds of injustice. <milestone n="21" unit="chapter"/><milestone unit="Para"/> There is a man of Centuripa, named Nympho, a clever and industrious
                man, a most experienced and diligent cultivator. He, though he rented very large
                allotments, (as other rich men like him have been in the habit of doing in
                  <placeName key="tgn,7003122">Sicily</placeName>,) and though he cultivated them at
                great expense, keeping a great deal of stock, was treated by that man with such
                excessive injustice, that he not only abandoned his allotments, but even fled from
                  <placeName key="tgn,7003122">Sicily</placeName>, and came to <placeName key="perseus,Rome">Rome</placeName> with many others who had been driven away by
                that man. He then contrived that the collector should assert that Nympho had not
                made a proper return of his number of acres, according to that notable edict, which
                had no other object except making profit of this sort. </p></div><div type="textpart" subtype="section" n="54" resp="perseus"><p> As Nympho wished to defend himself in a regular action, he appoints some excellent
                judges, that same physician Cornelius, (his real name is Artemidorus, a citizen of
                Perga, under which name he had formerly in his own country acted as guide to Verres,
                and as prompter in his exploit of plundering the temple of Diana,) and Volusius the
                soothsayer, and Valerius the crier. Nympho was condemned before he had fairly got
                into court. In what penalty? perhaps you will ask, for there was no fixed sum
                mentioned in the edict In the penalty of all the corn which was on his
                threshing-floors. So Apronius the collector takes, by a penalty for violating an
                edict, and not by any rights connected with his farming the revenue—not the tenth
                that was due, not corn that had been removed and concealed, but seven thousand
                  <foreign xml:lang="la">medimni</foreign> of wheat—from the allotments of Nympho.
              </p></div></div></div></div></body></text></TEI>
                </passage>
            </reply>
            </GetPassage>