<GetPassage xmlns:tei="http://www.tei-c.org/ns/1.0" xmlns="http://chs.harvard.edu/xmlns/cts">
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                <requestUrn>urn:cts:latinLit:phi0474.phi005.perseus-eng2:2.5.141-2.5.160</requestUrn>
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            <reply>
                <urn>urn:cts:latinLit:phi0474.phi005.perseus-eng2:2.5.141-2.5.160</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="5"><div type="textpart" subtype="section" n="141" resp="perseus"><p>For what reason? O ye immortal gods!—though in asking that I am doing injury to the
                common cause of all the citizens, and to the privilege of citizenship, for I am
                asking what reason there was in the case of Servilius for this treatment, as if
                there could be any reason for its being legally inflicted on any Roman citizen.
                Pardon me this one error, O judges, for I will not in the rest of the cases ask for
                any reason. He had spoken rather freely of the dishonesty and worthlessness of
                Verres. And as soon as he was informed of this, he orders the man to <placeName key="tgn,7003850">Lilybaeum</placeName> to give security in a prosecution
                instituted against him by one of the slaves of Verres. He gives security. He comes
                to <placeName key="tgn,7003850">Lilybaeum</placeName>. Verres begins to compel him,
                though no one proceeded with any action against him, though no one made any claim on
                him, to be bound over in the sum of two thousand <foreign xml:lang="la">sesterces</foreign>, to appear to a charge brought against him by his own lictor,
                in the formula,—“If he had made any profit by robbery.”—He says that he will appoint
                judges out of his own retinue. Servilius demurs, and entreats that he may not be
                proceeded against by a capital prosecution before unjust judges, and where there is
                no prosecutor. </p></div><div type="textpart" subtype="section" n="142" resp="perseus"><p>While he is urging this with a loud voice, six of the most vigorous lictors
                surround him, men in full practice in beating and scourging men; they beat him most
                furiously with rods; then the lictor who was nearest to him, the man whom I have
                already often mentioned, Sextus, turning his stick round, began to beat the wretched
                man violently on the eyes. Therefore, when blood had filled his mouth and eyes, he
                fell down, and they, nevertheless, continued to beat him on the sides while lying on
                the ground, till he said at last he would give security. He, having been treated in
                this manner, was taken away from the place as dead, and, in a short time afterwards,
                he died. But that devoted servant of Venus, that man so rich in wit and politeness,
                erected a silver Cupid out of his property in the temple of Venus. And in this way
                he misused the fortunes of men to fulfil the nightly vows made by him for the
                accomplishment of his desires. </p></div><milestone n="55" unit="chapter"/><milestone unit="Para"/><div type="textpart" subtype="section" n="143" resp="perseus"><p>For why should I speak separately of all the other punishments inflicted on Roman
                citizens, rather than generally, and in the lump? That prison which was built at
                  <placeName key="perseus,Syracuse">Syracuse</placeName>, by that most cruel tyrant
                Dionysius, which is called the stone-quarries, was, under his government, the home
                of Roman citizens. As any one of them offended his eyes or his mind, he was
                instantly thrown into the stone-quarries. I see that this appears a scandalous thing
                to you, O judges; and I had observed that, at the former pleading, when the
                witnesses stated these things; for you thought that the privileges of freedom ought
                to be maintained, not only here, where there are tribunes of the people, where there
                are other magistrates, where there is a forum with many courts of justice, where
                there is the authority of the senate, where there is the opinion of the Roman people
                to hold a man in check, where the Roman people itself is present in great numbers;
                but, in whatever country or nation the privileges of Roman citizens are violated,
                you, O judges, decide that that violation concerns the common cause of freedom, and
                of your dignity. </p></div><div type="textpart" subtype="section" n="144" resp="perseus"><p>Did you, O Verres, dare to confine such a number of Roman citizens in a prison
                built for foreigners, for wicked men, for pirates, and for enemies? Did no thoughts
                of this tribunal, or of the public assembly, or of this numerous multitude which I
                see around me, and which is now regarding you with a most hostile and inimical
                disposition, occur to your mind? Did not the dignity of the Roman people, though
                absent, did not the appearance of such a concourse as this ever present itself to
                your eyes or to your thoughts? Did you never think that you should have to return
                home to the sight of these men, that you should have to come into the forum of the
                Roman people, that you should have to submit yourself to the power of the laws and
                courts of justice? </p></div><milestone n="56" unit="chapter"/><milestone unit="Para"/><div type="textpart" subtype="section" n="145" resp="perseus"><p>But what, O Verres, was that passion of yours for practicing cruelty? what was your
                reason for undertaking so many wicked actions? It was nothing, O judges, except a
                new and unprecedented system of plundering. For like those men whose histories we
                have learnt from the poets, who are said to have occupied some bays on the
                sea-coast, or some promontories, or some precipitous rocks, in order to be able to
                murder those who had been driven to such places in their vessels, this man also
                looked down as an enemy over every sea, from every part of <placeName key="tgn,7003122">Sicily</placeName>. Every ship that came from <placeName key="tgn,1000004">Asia</placeName>, from <placeName key="tgn,1000140">Syria</placeName>, from <placeName key="tgn,7002862">Tyre</placeName>, from
                  <placeName key="perseus,Alexandria">Alexandria</placeName>, was immediately seized
                by informers and guards that he could rely upon; their crews were all thrown into
                the stone-quarries; their freights and merchandise carried up into the praetor's
                house. After a long interval there was seen to range through <placeName key="tgn,7003122">Sicily</placeName>, not another Dionysius, not another Phalaris,
                (for their island has at one time or another produced many inhuman tyrants,) but a
                new sort of monster, endowed with all the ancient savage barbarity which is said to
                have formerly existed in those same districts; </p></div><div type="textpart" subtype="section" n="146" resp="perseus"><p>for I do not think that either Scylla or Charybdis was such an enemy to sailors, as
                that man has been in the same waters. And in one respect he is far more to be
                dreaded than they, because he is girdled with more numerous and more powerful hounds
                than they were. He is a second <persName><surname>Cyclops</surname></persName>, far
                more savage than the first; for Verres had possession of the whole island;
                Polyphemus is said to have occupied only <placeName key="tgn,7003867">Aetna</placeName> and that part of <placeName key="tgn,7003122">Sicily</placeName>. But what pretext was alleged at the time by that man for this
                outrageous cruelty? The same which is now going to be stated in his defence. He used
                to say whenever any one came to <placeName key="tgn,7003122">Sicily</placeName> a
                little better off than usual, that they were soldiers of Sertorius, and that they
                were flying from <placeName key="tgn,7007641">Dianium</placeName>. <note anchored="true"><placeName key="tgn,7007641">Dianium</placeName> was a town in
                    <placeName key="tgn,1000095">Spain</placeName> which had been occupied by
                  Sertorius.</note> They brought him presents to gain his protection from danger;
                some brought him Tyrian purple, others brought frankincense, perfumes, and linen
                robes; others gave jewels and pearls; some offered great bribes and Asiatic slaves,
                so that it was seen by their very goods from what place they came. They were not
                aware that those very things which they thought that they were employing as aids to
                ensure their safety, were the causes of their danger. For he would say that they had
                acquired those things by partnership with pirates, he would order the men themselves
                to be led away to the stone-quarries, he would see that their ships and their
                freights were diligently taken care of. </p></div><milestone n="57" unit="chapter"/><milestone unit="Para"/><div type="textpart" subtype="section" n="147" resp="perseus"><p>When by these practices his prison had become full of merchants, then those scenes
                took place which you have heard related by Lucius Suetius, a Roman knight, and a
                most virtuous man, and by others. The necks of Roman citizens were broken in a most
                infamous manner in the prison; so that very expression and form of entreaty, “I am a
                Roman citizen,” which has often brought to many, in the most distant countries,
                succour and assistance, even among the barbarians, only brought to these men a more
                bitter death and a more immediate execution. What is this, O Verres? What reply are
                you thinking of making to this? That I am telling lies? that I am inventing things?
                that I am exaggerating this accusation? Will you dare to say any one of these things
                to those men who are defending you? Give me, I pray you, the documents of the
                Syracusans taken from his own bosom, which, methinks, were drawn up according to his
                will; give me the register of the prison, which is most carefully made up, stating
                in what day each individual was committed to prison, when he died, how he was
                executed. [The documents of the Syracusans are read.] </p></div><div type="textpart" subtype="section" n="148" resp="perseus"><p>You see that Roman citizens were thrown in crowds into the stone quarries; you see
                a multitude of your fellow-citizens heaped together in a most unworthy place. Look
                now for all the traces of their departure from that place, which are to be seen.
                There are none. Are they all dead of disease? If he were able to urge this in his
                defence, still such a defence would find credit with no one. But there is a word
                written in those documents, which that ignorant and profligate man never noticed,
                and would not have understood if he had. <foreign xml:lang="grc">*)ekdikaiw/qhsan</foreign>, it says that is, according to the Sicilian language,
                they were punished and put to death. </p></div><milestone n="58" unit="chapter"/><milestone unit="Para"/><div type="textpart" subtype="section" n="149" resp="perseus"><p>If any king, if any city among foreign nations, in any nation had done anything of
                this sort to a Roman citizen, should we not avenge that act by a public resolution?
                should we not prosecute our revenge by war? Could we leave such injury and insult
                offered the Roman name unavenged and unpunished? How many wars, and what serious
                ones do you think that our ancestors undertook, because Roman citizens were said to
                have been ill-treated, or Roman vessels detained, or Roman merchants plundered? But
                I am not complaining that men have been detained; I think one might endure their
                having been plundered; I am impeaching Verres because after their ships, their
                slaves, and their merchandise had been taken from them, the merchants themselves
                were thrown into prison—because Roman citizens were imprisoned and executed. </p></div><div type="textpart" subtype="section" n="150" resp="perseus"><p>If I were saying this among Scythians, not before such a multitude of Roman
                citizens, not before the most select senators of the city, not in the forum of the
                Roman people,—if I were relating such numerous and bitter punishments inflicted on
                Roman citizens, I should move the pity of even those barbarous men. For so great is
                the dignity of this empire, so great is the honour in which the Roman name is held
                among all nations, that the exercise of such cruelty towards our citizens seems to
                be permitted to no one. Can I think that there is any safety or any refuge for you,
                when I see you hemmed in by the severity of the judges, and entangled as it were in
                the meshes of a net by the concourse of the Roman people here present? </p></div><div type="textpart" subtype="section" n="151" resp="perseus"><p>If, indeed, (though I have no idea that that is possible,) you were to escape from
                these toils, and effect your escape by any way or any method, you will then fall
                into that still greater net, in which you must be caught and destroyed by me from
                the elevation in which I stand. For even if I were to grant to him all that he urges
                in his defence, yet that very defence must turn out not less injurious to him than
                my true accusation. <milestone unit="Para"/>For what does he urge in his defence? He says that he arrested
                men flying from <placeName key="tgn,1000095">Spain</placeName>, and put them to
                death. Who gave you leave to do so? By what right did you do so? Who else did the
                same thing? How was it lawful for you to do so? </p></div><div type="textpart" subtype="section" n="152" resp="perseus"><p>We see the forum and the porticoes full of those men, and we are contented to see
                them there. For the end of civil dissensions, and of the (shall I say) insanity, or
                destiny, or calamity in which they take their rise, is not so grievous as to make it
                unlawful for us to preserve the rest of our citizens in safety. That Verres there,
                that ancient betrayer of his consul, that transferrer <note anchored="true">See
                    <bibl n="Cic. Ver. 2.1.94">the first book of this second pleading against
                    Verres, c. 37.</bibl></note> of the quaestorship, that embezzler of the public
                money, has taken upon himself so much authority in the republic, that he would have
                inflicted a bitter and cruel death on all those men whom the senate, and the Roman
                people, and the magistrates allowed to remain in the forum, in the exercise of their
                rights as voters' in the city and in the republic, if fortune had brought them to
                any part of <placeName key="tgn,7003122">Sicily</placeName>. </p></div><div type="textpart" subtype="section" n="153" resp="perseus"><p>After Perperna was slain, many of the number of Sertorius's soldiers fled to Cnaeus
                Pompeius, that most illustrious and gallant man. Was there one of them whom he did
                not preserve safe and unhurt with the greatest kindness? was there one suppliant
                citizen to whom that invincible right hand was not stretched out as a pledge of his
                faith, and as a sure token of safety? Was it then so? Was death and torture
                appointed by you, who had never done one important service to the republic, for
                those who found a harbour of refuge in that man against whom they had borne arms?
                See what an admirable defence you have imagined for yourself. 
                
<milestone n="59" unit="chapter"/><milestone unit="Para"/>
 I had rather, I had rather in truth, that the truth of this
                defence of yours were proved to these judges and to the Roman people, than the truth
                of my accusation. I had rather, I say, that you were thought a foe and an enemy to
                that class of men than to merchants and seafaring men. For the accusation I bring
                against you impeaches you of excessive avarice: the defence that you make for
                yourself accuses you of a sort of frenzy, of savage ferocity, of unheard-of cruelty,
                and of almost a new proscription. </p></div><div type="textpart" subtype="section" n="154" resp="perseus"><p>But I may not avail myself of such an advantage as that, O judges; I may not; for
                all <placeName key="perseus,Puteoli">Puteoli</placeName> is here; merchants in
                crowds have come to this trial, wealthy and honourable men, who will tell you, some
                that their partners, some that their freedmen were plundered by that man, were
                thrown into prison, that some were privately murdered in prison, some publicly
                executed. See now how impartially I will behave to you. When I produce Publius
                Granius as a witness to state that his freedmen were publicly executed by you, to
                demand back his ship and his merchandise from you, refute him if you can; I will
                abandon my own witness and will take your part; I will assist you, I say, prove that
                those men have been with Sertorius, and that, when flying from <placeName key="tgn,7007641">Dianium</placeName>, they were driven to <placeName key="tgn,7003122">Sicily</placeName>. There is nothing which I would rather have
                you prove. For no crime can be imagined or produced against you which is worthy of a
                greater punishment. </p></div><div type="textpart" subtype="section" n="155" resp="perseus"><p>I will call back the Roman knight, Lucius Flavius, if you wish; since at the
                previous pleading, being influenced, as your advocates are in the habit of saying,
                by some unusual prudence, but, (as all men are aware,) being overpowered by your own
                conscience, and by the authority of my witnesses, you did not put a question to any
                single witness. Let Flavius be asked, if you like, who Lucius Herennius was, the man
                who, he says, was a money-changer at <placeName key="tgn,7000642">Leptis</placeName>; who, though he had more than a hundred Roman citizens in the
                body of settlers at <placeName key="perseus,Syracuse">Syracuse</placeName>, who not
                only knew him, but defended him with their tears and with entreaties to you, was
                still publicly executed by you in the sight of all the Syracusans. I am very willing
                that this witness of mine should also be refuted, and that it should be demonstrated
                end proved by you that that Herennius had been one of Sertorius's soldiers. </p></div><milestone n="60" unit="chapter"/><milestone unit="Para"/><div type="textpart" subtype="section" n="156" resp="perseus"><p>What shall we say of that multitude of those men who were produced with veiled
                heads among the pirates and prisoners in order to be executed? What was that new
                diligence of yours, and on what account was it put in operation? Did the loud
                outcries of Lucius Flavius and the rest about Lucius Herennius influence you? Had
                the excessive influence of Marcus Annius, a most influential and most honourable
                man, made you a little more careful and more fearful? who lately stated in his
                evidence that it was not some stranger, no one knows who, nor any foreigner, but a
                Roman citizen who was well known to the whole body of inhabitants, who had been born
                at <placeName key="perseus,Syracuse">Syracuse</placeName>, who had been publicly
                executed by you. </p></div><div type="textpart" subtype="section" n="157" resp="perseus"><p>After this loud statement of theirs,—after this had become known by the common
                conversation and common complaints of all men, he began to be, I will not say more
                merciful in his punishments, but mere careful. He established the rule of bringing
                out Roman citizens for punishment with their heads muffled up, whom, however, he put
                to death in the sight of all men, because the citizens (as we have said before) were
                calculating the number of pirates with too much accuracy. Was this the condition
                that was established for the Roman people while you were praetor? were these the
                hopes under which they were to transact their business? was this the danger in which
                their lives and condition as freemen were placed? are there not risks enough at the
                hands of fortune to be encountered of necessity by merchants, unless they are
                threatened also with these terrors by our magistrates, and in our provinces? Was
                this the state to which it was decent to reduce that suburban and loyal province of
                  <placeName key="tgn,7003122">Sicily</placeName>, full of most valued allies, and
                of most honourable Roman citizens, which has at all times received with the greatest
                willingness all Roman citizens within its territories, that those who were sailing
                from the most distant parts of <placeName key="tgn,1000140">Syria</placeName> or
                Egypt, who had been held in some honour, even among barbarians, on account of their
                name as Roman citizens, who had escaped from the ambushes of pirates, from the
                dangers of tempests, should be publicly executed in <placeName key="tgn,7003122">Sicily</placeName> when they thought that they had now reached their home? </p></div><milestone n="61" unit="chapter"/><milestone unit="Para"/><div type="textpart" subtype="section" n="158" resp="perseus"><p>For why should I speak of Publius Gavius, a citizen of the municipality of
                  <placeName key="perseus,Cosa">Cosa</placeName>, O judges? or with what vigour of
                language, with what gravity of expression, with what grief of mind shall I mention
                him? But, indeed, that indignation fails me. I must take more care than usual that
                what I am going to say be worthy of my subject,—worthy of the indignation which I
                feel. For the charge is of such a nature, that when I was first informed of it I
                thought I should not avail myself of it. For although I knew that it was entirely
                true, still I thought that it would not appear credible. Being compelled by the
                tears of all the Roman citizens who are living as traders in <placeName key="tgn,7003122">Sicily</placeName>, being influenced by the testimonies of the
                men of <placeName key="tgn,7008757">Valentia</placeName>, most honourable men, and
                by those of all the Rhegians, and of many Roman knights who happened at that time to
                be at <placeName key="tgn,7003897">Messana</placeName>, I produced at the previous
                pleading only just that amount of evidence which might prevent the matter from
                appearing doubtful to any one. </p></div><div type="textpart" subtype="section" n="159" resp="perseus"><p>What shall I do now? When I have been speaking for so many hours of one class of
                offences, and of that man's nefarious cruelty,—when I have now expended nearly all
                my treasures of words of such a sort as are worthy of that man's wickedness on other
                matters, and have omitted to take precautions to keep your attention on the stretch
                by diversifying my accusations, how am I to deal with an affair of the importance
                that this is? There is, I think, but one method, but one line open to me. I will
                place the matter plainly before you, which is of itself of such importance that
                there is no need of my eloquence and eloquence, indeed, I have none, but there is no
                need of any one's eloquence to excite your feelings. </p></div><div type="textpart" subtype="section" n="160" resp="perseus"><p>This Gavius whom I am speaking of, a citizens of <placeName key="perseus,Cosa">Cosa</placeName>, when he (among that vast number of Roman citizens who had been
                treated in the same way) had been thrown by Verres into prison, and somehow or other
                had escaped secretly out of the stone-quarries, and had come to <placeName key="tgn,7003897">Messana</placeName>, being now almost within sight of <placeName key="tgn,1000080">Italy</placeName> and of the walls of <placeName key="tgn,7004296">Rhegium</placeName>, and being revived, after that fear of death
                and that darkness, by the light, as it were, of liberty and of the fragrance of the
                laws, began to talk at <placeName key="tgn,7003897">Messana</placeName>, and to
                complain that he, a Roman citizen, had been thrown into prison. He said that he was
                now going straight to <placeName key="perseus,Rome">Rome</placeName>, and that he
                would meet Verres on his arrival there. 
<milestone n="62" unit="chapter"/><milestone unit="Para"/>
 The
                miserable man was not aware that it made no difference e whether he said this at
                  <placeName key="tgn,7003897">Messana</placeName>, or before the man's face in his
                own praetorian palace. For, as I have shown you before, that man had selected this
                city as the assistant in his crimes, the receiver of his thefts, the partner in all
                his wickedness. Accordingly, Gavius is at once brought before the Mamertine
                magistrates; and, as it happened, Verres came on that very day to <placeName key="tgn,7003897">Messana</placeName>. The matter is brought before him. He is
                told that the man was a Roman citizen, who was complaining that at <placeName key="perseus,Syracuse">Syracuse</placeName> he had been confined in the
                stone-quarries, and who, when he was actually embarking on board ship, and uttering
                violent threats against Verres, had been brought back by them, and reserved in order
                that he himself might decide what should be done with him. </p></div></div></div></div></body></text></TEI>
                </passage>
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