[42]
In the meantime both Verres himself began to be uneasy,
and his friends and counselors began also to be a good deal vexed at Heraclius'
having fled. They thought that the condemnation of an absent man, especially in a
matter involving so large a sum of money, would be a far more odious measure than if
he had appeared in court, and had there been condemned. To this consideration was
added the fact, that because the judges had not been appointed in accordance with
the provisions of the Rupilian law, they saw that the affair would appear much more
base and more iniquitous. And so, while he endeavours to correct this error, his
covetousness and dishonesty are made more evident. For he declares that he will not
use those five judges; he orders (as ought to have been done at first, according to
the Rupilian law) Heraclius to be summoned, and those who had brought the action
against him; he says that he is going to appoint the judges by lot, according to the
Rupilian law. That which Heraclius the day before could not obtain from him, though
he begged and entreated it of him with many tears, occurred to him the next day of
his own accord, and he recollected that he ought to appoint judges according to the
Rupilian law. He draws the names of three out of the urn: he commands them to
condemn Heraclius in his absence. So they condemn him.
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