<TEI xmlns="http://www.tei-c.org/ns/1.0" xmlns:py="http://codespeak.net/lxml/objectify/pytype" py:pytype="TREE"><text xml:lang="eng"><body><div type="translation" xml:lang="eng" n="urn:cts:latinLit:phi0474.phi017.perseus-eng2" subtype="translation"><div type="textpart" subtype="section" n="45" resp="perseus"><p> Or, as it is written in this same decree, that the most illustrious men of the city,—men who
    had had the highest honours of the state conferred on them,—were circumvented by him while he
    was praetor, why are they not present in court or why, at all events, are they not named in the
    decree? For I do not suppose that Heraclides, who is pricking up his head, is the person here
    intended. For is he one of the most eminent of the citizens, when Hermippus brought him here for
    trial? a man who did not even receive his present commission to come on this deputation from his
    fellow-citizens by their voluntary choice, but who went all the way from Tmolus to solicit it? a
    man on whom no honour was ever conferred in his own city; and the only business which ever has
    been entrusted to him, is one which is usually entrusted to the most insignificant people. He,
    in the praetorship of Titus Autidius, was appointed guardian of the public corn. And when he had
    received money from Publius Varinius the praetor for this purpose, he concealed it from his
    fellow-citizens, and charged the whole of the expense to them. And after this was made known and
    revealed at Temnos, by letters which were sent thither by Publius Varinius, and when Cnaeus
    Lentulus, he who was the censor, the patron of the people of Temnos, had sent letters on the
    same subject, no one ever afterwards saw that man Heraclides at Temnos. </p></div><div type="textpart" subtype="section" n="46" resp="perseus"><p> And that you may be thoroughly aware of his impudence, listen, I entreat you,
    to the cause which excited the animosity of this most worthless man against Flaccus. <milestone n="20" unit="chapter"/>
   <milestone unit="para"/>He bought at Rome a farm in the district of Cyme, from a minor whose name was Meculonius.
    Having made himself out in words to be a rich man,—though he had in reality nothing beyond the
    stock of impudence which you <pb n="446"/> see,—he borrowed the money from Sextus Stola, one of
    our judges now present a man of the highest consideration, who is acquainted with the
    circumstances, and not unacquainted with the man; but who trusted him on the security of Publius
    Fulvius Veratius, a most unexceptionable man. And to pay this loan he borrowed money of Caius
    and Marcus Fufius, Roman knights, men of the highest character. Here, in truth, he caught a
    weasel asleep, as people say; for he cheated Hermippus, a learned man, his own fellow-citizen,
    who ought to have known him well enough; for on his security he borrowed money of the Fufii.
    Hermippus, without feeling any anxiety, goes away to Temnos, as he said that he would pay the
    Fufii the money which he had borrowed on his security, out of what he received from his pupils.
     </p></div><div type="textpart" subtype="section" n="47" resp="perseus"><p> For he, as a rhetorician, had some rich men for pupils whom
    he was going to make as foolish again as they were when they came to him, (for they could
    acquire nothing from him, except an ignorance of every sort of learning;) but he could not
    infatuate any one to such an extent as to get him to lend him a single farthing. Therefore,
    having left Rome secretly, and cheated numbers of people by trifling loans, he came into Asia;
    and when Hermippus asked him what he had done about the bond given to the Fufii, he said that he
    paid the entire sum to the Fufii. In the mean time, not long afterwards, a freedman comes to
    Hermippus with letters from the Fufii. The money is demanded of Hermippus. Hermippus demands it
    of Heraclides; however, he himself satisfies the claim of the Fufii who are at a distance, and
    discharges the security which he had given. He then prosecutes Heraclides, in spite of all his
    fuming and shuffling, in a formal manner: the cause is tried before judges. </p></div><div type="textpart" subtype="section" n="48" resp="perseus"><p><milestone unit="para"/>Do not fancy, O judges, that the impudence of cheats and repudiators is not one and the same
    in all places. This man did the very same things which debtors here are in the habit of doing.
    He denied that he had ever borrowed any money at all at Rome. He asserted that he had actually
    never heard the name of the Fufii; and he attacked Hermippus himself, a most modest and virtuous
    man, an ancient friend and hereditary connection of my own, the most eminent and accomplished
    man in his city, with every sort of reproach and abuse. But after this voluble gentleman had
    delivered himself in that fashion with a prodigious rapidity of eloquence for some time, all of
    a sudden, when the evidence of the Fufii and the items of their claim were read, though a most
    audacious man, he got alarmed; through a most talkative one, he became dumb. Therefore, the
    judges at the first trial gave a decision against him, in a matter which certainly did not admit
    of much doubt. As he did not comply with their decision, he was given up to Hermippus and put in
    prison by him. </p></div><milestone n="21" unit="chapter"/><div type="textpart" subtype="section" n="49" resp="perseus"><p><milestone unit="para"/>Now you know the honesty of the man and the value of his evidence, and the whole reason of his
    enmity to Flaccus. Having been released by Hermippus after having sold him a few slaves, he came
    to Rome from thence he returned into Asia, when my brother Quintus had succeeded Flaccus in that
    government and went to him and related his story in this manner, saying that the judges being
    compelled and put in fear by the violence of Flaccus had given a false decision against their
    will. My brother as became his impartiality and prudence, decreed that if he demurred to the
    previous decision, he was to give security to double the amount; and that if he said that they
    were compelled by fear at the first trial, he should have the same judges again. He refused
    this, and as if there had been no trial and no decision, he began on the spot to demand back
    from Hermippus the slaves which he himself had sold him. Marcus Gratidius, the lieutenant,
    before whom he went refused to give him leave to proceed with the action, but declared that he
    should adhere to the decision already given. </p></div></div></body></text></TEI>