Against Verres. Marcus Tullius Cicero

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СКАЧАТЬ was praetor, was not only the real judge in all civil law, and in the disputes of all private individuals, but who was supreme also in this affair of the repairs of the public buildings.

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      ¹³⁷Caius Mustius, a Roman knight, a farmer of the revenues, a man of the very highest honour, came to Chelidon. Marcus Junius, the uncle of the youth, a most frugal and temperate man, came to her; a man who shows his regard for his high rank by the greatest honour, and modesty, and attention to his duties. Publius Potitius, his guardian, came to her. Oh that praetorship of yours, bitter to many, miserable, scandalous? To say nothing of other points, with what shame, with what indignation, do you think that such men as these went to the house of a prostitute? men who would have encountered such disgrace on no account, unless the urgency of their duty and of their relationship to the injured youth had compelled them to do so. They came, as I say, to Chelidon. The house was full; new laws, new decrees, new decisions were being solicited: "Let him give me possession." ... "Do not let him take away from me."... "Do not let him give sentence against me." ... "Let him adjudge the property to me." Some were paying money, some were signing documents. The house was full, not with a prostitute's train, but rather with a crowd seeking audience of the praetor. ¹³⁸As soon as they can get access to her, the men whom I have mentioned go to her. Mustius speaks, he explains the whole affair, he begs for her assistance, he promises money. She answers, considering she was a prostitute, not unreasonably: she says that she will gladly do what they wish, and that she will talk the matter over with Verres carefully; and desires Mustius to come again. Then they depart. The next day they go again. She says that the man cannot be prevailed on, that he says that a vast sum can be made of the business.

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      I am afraid that perhaps some of the people, who were not present at the former pleading, (because these things seem incredible on account of their consummate baseness,) may think that they are invented by me. You, O judges, have known them before. ¹³⁹Publius Potitius, the guardian of the minor Junius, stated them on his oath. So did Marcus Junius, his uncle and guardian. So would Mustius have stated them if he had been alive; but as Mustius cannot, Lucius Domitius stated that while the affair was recent, he heard these things stated by Mustius; and though he knew that I had had the account from Mustius while he was alive, for I was very intimate with him; (and indeed I defended Caius Mustius when he gained that trial which he had about almost the whole of his property ;) though, I say, Lucius Domitius knew that I was aware that Mustius was accustomed to tell him all his affairs, yet he said nothing about Chelidon as long as he could help it; he directed his replies to other points. So great was the modesty of that most eminent young man, of that pattern for the youth of the city, that for some time, though he was pressed by me on that point, he would rather give any answer than mention the name of Chelidon. At first, he said that the friends of Verres had been deputed to mention the subject to him; at last, after a time, being absolutely compelled to do so, he named Chelidon. ¹⁴⁰Are you not ashamed, O Verres, to have carried on your praetorship according to the will of that woman, whom Lucius Domitius scarcely thought it creditable to him even to mention the name of?

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      Being rejected by Chelidon, they adopt the necessary resolution of undertaking the business themselves. They settle the business, which ought to have come to scarcely forty thousand sesterces, with Rabonius the other guardian, for two hundred thousand. Rabonius reports the fact to Verres; as it seems to him the exaction has been sufficiently enormous and sufficiently shameless. He, who had expected a good deal more, receives Rabonius with harsh language, and says that he cannot satisfy him with such a settlement as that. To cut the matter short, he says that he shall issue contracts for the job. ¹⁴¹The guardians are ignorant of this; they think that what has been settled with Rabonius is definitely arranged—they fear no further misfortune for their ward. But Verres does not procrastinate; he begins to let out his contracts, (without issuing any advertisement or notice of the day,) at a most unfavourable time—at the very time of the Roman games, and while the forum is decorated for them. Therefore Rabonius gives notice to the guardians that he renounces the settlement to which he had come. However, the guardians come at the appointed time; Junius, the uncle of the youth, bids. Verres began to change colour: his countenance, his speech, his resolution failed him. He begins to consider what he was to do. If the contract was taken by the minor, if the affair slipped through the fingers of the purchaser whom he himself had provided, he would get no plunder. Therefore He contrives—what? Nothing very cleverly, nothing of which any one could say, “it was a rascally trick, but still a deep one.” Do not expect any disguised roguery from him, any underhand trick; you will find everything open, undisguised, shameless, senseless, audacious. ¹⁴²"If the contract be taken by the minor, all the plunder is snatched out of my hands; what then is the remedy? What? The minor must not be allowed to have the contract." Where is the usage in the case of selling property, securities, or lands adopted by every consul, and censor, and praetor, and quaestor, that that bidder shall have the preference to whom the property belongs, and at whose risk the property is sold? He excludes that bidder alone to whom alone, I was nearly saying, the power of taking the contract ought to have been offered. "For why,"—so the youth might say—"should any one aspire to my money against my will! What does he come forward for? The contract is let out for a work which is to be done and paid for out of my money. I say that it is I who am going to put the place in repair, the inspection of it afterwards will belong to you who let out the contract. You have taken sufficient security for the interests of the people with bonds and sureties; and if you do not think sufficient security has been taken, will you as praetor send whomsoever you please to take possession of my property, and not permit me to come forward in defence of my own fortune?"

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      ¹⁴³It is worth while to consider the words of the contract itself. You will say that the same man drew it up who drew up that edict about inheritance. "The contract for work to be done, which the minor Junius's..." Speak, I pray you, a little more plainly. "Caius Verres, the praetor of the city, has added..." The contracts of the censors are being amended. For what do they say? I see in many old documents, "Cnaeus Domitius, Lucius Metellus, Lucius Cassius, Cnaeus Servilius have added..." Caius Verres wants something of the same sort. Read. What has he added? "Admit not as a partner in this work any one who has taken a contract from Lucius Marcius and Marcus Perperna the censors; give him no snare in it; and let him not contract for it." Why so? Is it that the work may not be faulty? But the inspection afterwards belonged to you. Lest he should not have capital enough? But sufficient security had been taken for the people's interest in bonds and sureties, and more security still might have been had. ¹⁴⁴If in this case the business itself, if the scandalous nature of your injustice had no weight with you;—if the misfortune of this minor, the tears of his relations, the peril of Decimus Brutus, whose lands were pledged as security for him, and the authority of Marcus Marcellus his guardian had no influence with you, did you not even consider this, that your crime would be such that you would neither be able to deny it, (for you had entered it in your account-books,) nor, if you confessed it, to make any excuse for it? The contract is knocked down at five hundred and fifty thousand sesterces, while the guardians kept crying out that they could do it even to the satisfaction of the most unjust of men, for eighty thousand. In truth, what was the job? ¹⁴⁵That which you saw. All those pillars СКАЧАТЬ