<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-eng2:2.5.148-2.5.161</requestUrn>
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            <reply>
                <urn>urn:cts:latinLit:phi0474.phi005.perseus-eng2:2.5.148-2.5.161</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="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 type="textpart" subtype="section" n="161" resp="perseus"><p>He thanks the men and praises their good-will and diligence in his behalf. He
                himself, inflamed with wickedness and frenzy, comes into the forum. His eyes glared;
                cruelty was visible in his whole countenance. All men waited to see what does he was
                going to take,—what he was going to do; when all of a sudden he orders the man to be
                seized, and to be stripped and bound in the middle of the forum, and the rods to be
                got ready. The miserable man cried out that he was a Roman citizen, a citizen, also,
                of the municipal town of <placeName key="perseus,Cosa">Cosa</placeName>,—that he had
                served with Lucius Pretius a most illustrious Roman knight, who was living as a
                trader at <placeName key="perseus,Panormus">Panormus</placeName>, and from whom
                Verres might know that he was speaking the truth. Then Verres says that he has
                ascertained that he had been sent into <placeName key="tgn,7003122">Sicily</placeName> by the leaders of the runaway slaves, in order to act as a
                spy; a matter as to which there was no witness, no trace, nor even the slightest
                suspicion in the mind of any one. </p></div></div></div></div></body></text></TEI>
                </passage>
            </reply>
            </GetPassage>