7.
But this is a well established fact, that the Sicilians especially desire to have me
for their counsel; the other point, no doubt, is less clear,—namely, by whom
Verres would least like to be prosecuted! Did any one ever strive so openly for any
honour, or so earnestly for his own safety, as that man and his friends have striven to
prevent this prosecution from being entrusted to me? There are many qualities which
Verres believes to be in me, and which he knows, O Quintus Caecilius, do not exist in
you: and what qualities each of us have I will mention presently;
[23]
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 1 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.”
[24]
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, 2 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.
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1 Cicero alludes to Hortensius, indeed, the name of Hortensius appears in the text in some editions.
2 “The judges were provided with three tabellae, one of which was marked with A, i.e. absolvo, I acquit; the second with C, i.e. condemno, condemn; and the third with N L, i.e. non liquet. It is not clear to me, why Cicero (pro Mil. 6) calls the first litera salutaris, and the second litera tristis. It would seem that in some trials the tabellae were marked with the lettera L, libero, and D, damno, respectively.” Smith's Dict. Ant. v. Tabella. 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.
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