<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-eng2:2.5.45-2.5.55</requestUrn>
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            <reply>
                <urn>urn:cts:latinLit:phi0474.phi005.perseus-eng2:2.5.45-2.5.55</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="45" resp="perseus"><p>What answer will you make to me now? Unless, perhaps, you say what, although it
                cannot possibly be admitted as an excuse, yet must be urged in a trial for
                extortion, that that ship was built with your own money. Dare, at least, to say this
                which is necessary. Do not be afraid, O Hortensius, of my asking how it became
                lawful for a senator to build a ship? Those are old and dead laws, as you are
                accustomed to call them, which forbid it. There was such a republic here, once, O
                judges; there was such strictness in the tribunals, that an accuser would have
                thought such a transaction worthy to be classed among the most serious crimes. For
                what did you want of a ship? when, if you were going anywhere on account of the
                state, ships were provided for you at the public expense, both to convey you, and to
                guard you? But it is not possible for you to go anywhere on your own private
                account, nor to send for articles across the sea from those countries in which it is
                not lawful for you to have any possessions, or any dealings. </p></div><div type="textpart" subtype="section" n="46" resp="perseus"><p>Then, why have you prepared anything contrary to the laws? This charge would have
                had weight in the ancient severity and dignity of the republic. Now, I not only do
                not accuse you on account of this offence, but I do not even reprove you with an
                ordinary reprimand. Lastly, did you never think that this would be discreditable to
                you? did you never think it would be ground for an accusation, or cause for
                unpopularity, to have a transport openly built for you, in a most frequented place
                in that province in which you had the supreme command? What did you suppose that
                they said who saw it? What did you suppose that they thought who heard of it? Did
                they think that you were going to take that vessel to <placeName key="tgn,1000080">Italy</placeName>, empty? that you were going to let it out as a sailing boat,
                when you got to <placeName key="perseus,Rome">Rome</placeName>? No one would even
                believe that you had in <placeName key="tgn,1000080">Italy</placeName> any farm on
                the coast, and that you were preparing a merchant vessel for the purpose of moving
                your crops. Did you wish every man's conversation to be such as for men to say
                openly that you were preparing that ship to carry all your plunder from <placeName key="tgn,7003122">Sicily</placeName>, and to go to and fro for the booty which you
                had left behind? </p></div><div type="textpart" subtype="section" n="47" resp="perseus"><p>But, however, I give up and grant the whole of this, if you say that the vessel was
                built with your money. But, O most demented of men, are you not aware that this
                ground was cut from under your feet by those very friends of yours, the Mamertines
                themselves, in the previous pleading? For Heius, the chief man of the city,—the
                chief man of that deputation which was sent to utter a panegyric on you, said that
                the ship had been built for you by the public labour of the Mamertines, and that a
                Mamertine Senator had been appointed by public authority to superintend the building
                of it. The only thing that remains is the materials. And this you yourself compelled
                the Rhegians to furnish at the public expense, as they say themselves (not that you
                can deny it), because the Mamertines have no proper materials. 
                
<milestone n="19" unit="chapter"/><milestone unit="Para"/>
 If both the materials of which the vessel is built, and if those
                who built it, were provided by your authority, not at your expense, what, then, is
                the secret thing which you say was paid for with your money? Oh! but the Mamertines
                have no enemies respecting it in their public accounts. </p></div><div type="textpart" subtype="section" n="48" resp="perseus"><p>In the first place, I can understand that it may be possible that they did not
                disburse any money out of the treasury. In fact, even the Capitol, as it was built
                in the time of our ancestors, was able to be built and completed by public
                authority, but without any public payment, workmen being pressed into the service,
                and a fair quota of work being exacted from each person respectively. In the next
                place, I see this also, (which I will prove when I produce my witnesses, from the
                accounts of the Mamertines themselves,) that a great deal of money was spent by that
                man which was entered as paid for imaginary contracts for works that never existed.
                For it is not at all strange that the Mamertines should in their accounts have shown
                a regard for that man's safety, from whom they had received the greatest benefits,
                and whom they had known to be much more friendly to them than he was to the Roman
                people. But if it is any argument that the Mamertines did not give you money,
                because they have not got it down in their accounts, let it be an argument also that
                the ship cost you nothing, because you have no entry to produce of having bought it,
                or having made a contract with any one to build it for you. </p></div><div type="textpart" subtype="section" n="49" resp="perseus"><p><milestone unit="Para"/>Oh! but you did not command the Mamertines to furnish a ship, because they are one
                of the confederate cities. Thank God, we have a man trained by the hands of the
                Fetiales; <note anchored="true">The <foreign xml:lang="la">Fetiales</foreign> were a
                  college of Roman priests, who acted as the guardians of the public faith; it was
                  their province to determine the circumstances under which satisfaction was to be
                  demanded from, or hostilities declared against any foreign state. They were the
                  especial arbiters of peace, of war, and of treaties. Their number was probably
                  twenty. They were selected from the most noble families, and their office was held
                  for life. The name is of uncertain derivation—See Smith, Dict. Ant. p. 416,
                    <foreign xml:lang="la">in voce</foreign>.</note> a man above all others pious
                and careful in all that belongs to public religion. Let all the men who have been
                praetors before you be given up to the Mamertines, because they have commanded them
                to furnish ships contrary to the provisions of the treaty. But still you, O you
                pious and scrupulous man, how was it that you commanded the people of <placeName key="perseus,Tauromenium">Tauromenium</placeName>, which is also a confederate
                city, to furnish a ship? Will you make any one believe that, while the case of both
                the states was exactly the same, the law that you administered, and the condition in
                which you left each, was so different, without money being the cause of the
                difference? </p></div><div type="textpart" subtype="section" n="50" resp="perseus"><p>What, if I prove, O judges, that these two treaties with the two states were of
                such a nature, that in the case of the people of <placeName key="perseus,Tauromenium">Tauromenium</placeName> it was expressly provided for
                and guarded against in the treaty, “that they were not bound to furnish a vessel;”
                but that in the case of the Mamertines it was set down and written in the treaty
                itself, “that they were bound to furnish a vessel;” but that Verres, in opposition
                to both treaties, compelled the Tauromenians to furnish one, and excused the
                Mamertines? Can it, then, be doubtful to any one that, while Verres was praetor,
                that merchant-vessel was a greater assistance to the Mamertines than the treaty was
                to the Tauromenians? Let the treaties be read. [The treaties of the Mamertines and
                the Tauromenians with the Roman people are read.] 
<milestone n="20" unit="chapter"/><milestone unit="Para"/>

                By that act therefore, of kindness, as you call it—of corruption and dishonesty, as
                the case itself proves,—you detracted from the majesty of the republic, you
                diminished the reinforcements of the Roman people—you diminished their resources,
                acquired by the valour and wisdom of their ancestors; you destroyed their imperial
                rights, and the terms on which the allies became such, and all recollection of the
                treaty. They who by the express words of the treaty were bound to send at their own
                expense and risk a ship properly armed and equipped with everything necessary, even
                as far as the ocean if we ordered them to do so, those men bought from you for money
                a release from the terms of the treaty, and a release from the lights of sovereignty
                which we had over them, so as to be excused from even sailing in that narrow sea
                before their own houses and homes, from defending their own walls and harbours. </p></div><div type="textpart" subtype="section" n="51" resp="perseus"><p>How much labour, and trouble, and money, do you suppose the Mamertines at the time
                of making this treaty would willingly have devoted to the object of preventing this
                bireme from being mentioned in it, if they could by any possibility have obtained
                such a favour from our ancestors? For when this heavy burden was imposed on the
                city, there was contained somehow or other in that treaty of alliance some badge, as
                it were, of slavery. That which then, when their services were recent, before the
                matter was finally determined, when the Roman people were in no difficulties, they
                could not obtain by treaty from our ancestors; that now, when they have done us no
                new service, after so many years,—now that it has been enforced every year by our
                right of sovereignty, and has been invariably observed—now, I say, when we are in
                great want of vessels, they have obtained from Caius Verres by bribery. <milestone unit="Para"/>Oh! but this
                is all that they have gained, exemption from furnishing a ship! Have the Mamertines
                for the last three years furnished one sailor, one soldier, to serve either in fleet
                or in garrison, all the time you have been praetor? </p></div><milestone n="21" unit="chapter"/><milestone unit="Para"/><div type="textpart" subtype="section" n="52" resp="perseus"><p>Lastly, when according to the resolution of the senate, and also according to the
                Terentian and Cassian law, corn was to be bought in equal proportions from all the
                cities of <placeName key="tgn,7003122">Sicily</placeName>, from that light burden
                also, which they shared too with all the other cities, you relieved the
                Mamertines.—You will say that the Mamertines do not owe corn. How do not owe corn?
                Do you mean to say they were not bound to sell us corn? For this corn was not a
                contribution to be exacted, but a supply to be purchased. By your permission, then,
                by your interpretation of the treaty, the Mamertines were not bound to assist the
                Roman people, even by supplying their markets, and furnishing them with provisions.
              </p></div><div type="textpart" subtype="section" n="53" resp="perseus"><p>And what city, then, was bound to supply these things? As for those who cultivate
                the public domains, it is settled what they are bound to furnish by the Censorian
                Law. Why did you exact from them anything besides that in another class of
                contribution? What? Do those who are liable to the payment of tenths owe anything
                more than a single tenth, according to the Law of Hiero? Why have you fixed in their
                case also how much corn they were to be bound to sell to us, that being another
                description of contribution? Those who are exempt undoubtedly owe nothing. But you
                not only exacted this from them, but even by way of making them give more than they
                possibly could, you added to their burden those sixty thousand <foreign xml:lang="la">modii</foreign> from which you excused the Mamertines. And this is
                not what I say, that this was not rightly exacted from the others; what I say is,
                that it was a scandalous thing to excuse the Mamertines, whose case was exactly the
                same, and from whom all previous praetors had exacted the same contribution that
                they did from the rest, and had paid them for it according to the resolution of the
                senate, and the law. And in order to drive in this indulgence with a big nail, as
                one may say, he takes cognisance of the cause of the Mamertines while sitting on the
                bench with his assessors, and pronounces judgment, that he, according to the
                decision of the bench, does not demand any corn from the Mamertines. </p></div><div type="textpart" subtype="section" n="54" resp="perseus"><p>Listen to the decree of the mercenary praetor from his own note-book; and take
                notice how great his gravity is in framing a degree, how great his dignity is in
                pronouncing it. Read the next memorandum of his decrees. [The decree, extracted from
                Verres's note-book, is read.] <milestone unit="Para"/>He says, “that he does this willingly,” and therefore
                he makes the entry in his book. What then? suppose you had not used this word
                  “<emph>willingly</emph>,” should we, forsooth, have supposed that you made this
                profit unwillingly? “And by the advice of the bench;” you have heard a fair list of
                the assessors read to you, O judges Did it seem to you, when you heard their names,
                that a list of assessors to a praetor was being read, or a roll of the troop and
                company of a most infamous bandit? </p></div><div type="textpart" subtype="section" n="55" resp="perseus"><p>Here are interpreters of treaties, settlers of the terms of alliances, authorities
                as to religious obligations! Corn was never bought in <placeName key="tgn,7003122">Sicily</placeName> by public order, without the Mamertines being ordered to
                furnish their just proportion, till that fellow appointed this select and admirable
                bench of his, in order to get money from them, and to act up to his invariable
                character. Therefore, that decree had just the weight that the authority of that man
                ought to have, who sold a decree to those men from whom it had been his duty to buy
                corn. For Lucius Metellus, the moment he arrived as his successor, required corn of
                the Mamertines, according to the regulations and appointment of Caius Sacerdos and
                Sextus Peducaeus. </p></div></div></div></div></body></text></TEI>
                </passage>
            </reply>
            </GetPassage>