<TEI xmlns="http://www.tei-c.org/ns/1.0" xmlns:py="http://codespeak.net/lxml/objectify/pytype" py:pytype="TREE"><text xml:lang="lat"><body><div type="translation" xml:lang="eng" n="urn:cts:latinLit:phi0474.phi004.perseus-eng2"><div type="textpart" subtype="section" n="23" resp="perseus"><p>at this moment I will only say this, which you must silently agree to, that there is no
            quality in me which he can despise, and none in you which he can fear. Therefore, that
            great defender <note anchored="true">Cicero alludes to Hortensius, indeed, the name of
              Hortensius appears in the text in some editions.</note> and friend of his votes for
            you and opposes me; he openly solicits the judges to have you preferred to me; and he
            says that he does this honestly, without any envy of me, and without any dislike to me.
            “For,” says he, “I am now asking for that which I usually obtain when I strive for it
            earnestly. I am not asking to have the defendant acquitted; but I am asking this, that
            he may be accused by the one man rather than by the other. Grant me this; grant that
            which is easy to grant, and honourable, and by no means invidious; and when you have
            granted that, you will, without any risk to yourself, and without any discredit, have
            granted that he shall be acquitted in whose cause I am labouring.”</p></div><div type="textpart" subtype="section" n="24" resp="perseus"><p>He says also, in order that some alarm may be mingled with the exertion of his
            influence, that there are certain men on the bench to whom he wishes their tablets to be
            shown, and that that is very easy, for that they do not give their votes separately, but
            that all vote together; and that a tablet, <note anchored="true">“The judges were
              provided with three <foreign xml:lang="lat">tabellae</foreign>, one of which was
              marked with A, i.e. <foreign xml:lang="lat">absolvo</foreign>, I acquit; the second
              with C, i.e. <foreign xml:lang="lat">condemno</foreign>, condemn; and the third with N
              L, i.e. <foreign xml:lang="lat">non liquet</foreign>. It is not clear to me, why
              Cicero (<bibl n="Cic. Mil. 6">pro Mil. 6</bibl>) calls the first <foreign xml:lang="lat">litera salutaris</foreign>, and the second <foreign xml:lang="lat">litera tristis</foreign>. It would seem that in some trials the tabellae were
              marked with the lettera L, <foreign xml:lang="lat">libero</foreign>, and D, <foreign xml:lang="lat">damno</foreign>, respectively.” Smith's Dict. Ant. v. <foreign xml:lang="lat">Tabella</foreign>. In trials like this between Cicero and Caecilius
              it is probable that the two tabellae had the names of the different candidates
              inscribed on them. The circumstance alluded to in the text was that a short time
              before this Terentius Varro had been accused of extortion and defended by Hortensius,
              who bribed the judges, and then in order to be sure that they voted as they had
              promised, caused tablets to be given to them smeared with coloured wax, so that he
              could easily recognize their votes in the balloting urn.</note> covered with the
            proper wax, and not with that illegal wax which has given so much scandal, is given to
            every one. And he does not give himself all this trouble so much for the sake of Verres,
            as because he disapproves of the whole affair. For he sees that, if the power of
            prosecuting is taken away from the high-born boys whom he has hitherto played with, and
            from the public informers, whom he has always despised and thought insignificant (not
            without good reason), and to be transferred to fearless men of well-proved constancy, he
            will no longer be able to domineer over the courts of law as he pleases.</p></div><milestone n="8" unit="chapter"/><milestone unit="Para"/><div type="textpart" subtype="section" n="25" resp="perseus"><p>I now beforehand give this man notice, that if you determine that this cause shall be
            conducted by me, his whole plan of defence must be altered, and must be altered in such
            a manner as to be carried on in a more honest and honourable way than he likes; that he
            must imitate those most illustrious men whom he himself has seen, Lucius Crassus and
            Marcus Antonius; who thought that they had no right to bring anything to the trials and
            causes in which their friends were concerned, except good faith and ability. He shall
            have no room for thinking, if I conduct the case, that the tribunal can be corrupted
            without great danger to many.</p></div></div></body></text></TEI>