Against Verres. Marcus Tullius Cicero. Читать онлайн. Newlib. NEWLIB.NET

Автор: Marcus Tullius Cicero
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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 which you see whitewashed, had a crane put against them, were taken down at a very little expense, and put up again of the same stone as before. And you let this work out for five hundred and sixty thousand sesterces. And among those pillars I say that there are some which have never been moved at all by your contractor. I say that there are some which only had the outer coat scraped off, and a fresh coat put on. But, if I had thought that it cost so much to whitewash pillars, I should certainly never have stood for the aedileship. Still, in order that something might appear to be really being done, and that it might not seem to be a mere robbery of a minor—"If in the course of the work you injure anything, you must repair it."

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      146What was there that he could injure, when he was only putting back every stone in its place? "He who takes the contract must give security to bear the man harmless who has taken the work from the former contractor." He is joking when he orders Rabonius to give himself security. "Ready money is to be paid." Out of what funds? From his funds who cried out that he would do for eighty thousand sesterces what you let out at five hundred and sixty thousand. Out of what funds? out of the funds of a minor, whose tender age and desolate condition, even if he had no guardians, the praetor himself ought to protect. But as his guardians did protect him, you took away not only his paternal fortune, but the property of the guardians also. 147"Execute the work in the best materials of every sort." Was any stone to be cut and brought to the place? Nothing was to be brought but the crane. For no stone, no materials at all were brought; there was just as much to be done in that contract as took a little labour of artisans at low wages, and there was the hire of the crane. Do you think it was less work to make one entirely new pillar without any old stone, which could be worked up again, or to put back those four in their places? No one doubts that it is a much a better job to make one new one. I will prove that in private houses, where there has been a great deal of expensive carriage, pillars no smaller than these are contracted for to be placed in an open court for forty thousand sesterces apiece. 148But it is folly to argue about such manifest shamelessness of that man at any greater length, especially when in the whole contract he has openly disregarded the language and opinion of every one, inasmuch as he has added at the bottom of it, "Let him have the old materials for himself." As if any old materials were taken from that work, and as if the whole work were not done with old materials. But still, if the minor was not allowed to take the contract, it was not necessary for it to come to Verres himself: some other of the citizens might have undertaken the work. Every one else was excluded no less openly than the minor. He appointed a day by which the work must be completed—the first of December. He gives out the contract about the thirteenth of September: every one is excluded by the shortness of the time. What happens then? How does Rabonius contrive to have his work done by that day?

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      149No one troubles Rabonius, neither on the first of December, nor on the fifth, nor on the thirteenth. At last Verres himself goes away to his province some time before the work is completed. After he was prosecuted, at first he said that he could not enter the work in his accounts; when Rabonius pressed it, he attributed the cause of it to me, because I had sealed up his books. Rabonius applies to me, and sends his friends to apply to me; he easily gets what he wishes for; Verres did not know what he was to do. By not having entered it in his accounts, he thought he should be able to make some defence; but he felt sure that Rabonius would reveal the whole of the transaction. Although, what could be more plain than it now is, even without the evidence of any witness whatever. At last he enters the work in Rabonius's name as undertaken by him, four years after the day which he had fixed for its completion. 150He would never have allowed such terms as those if any other citizen had been the contractor; when he had shut out all the other contractors by the early day which he had fixed, and also because men did not choose to put themselves in the power of a man who, if they took the contract, thought that his plunder was torn from his hands. For why need we discuss the point where the money went to? He himself has showed us. First of all, when Decimus Brutus contended eagerly against him, who paid five hundred and sixty thousand sesterces of his own money; and as he could not resist him, though