Against Verres
Marcus Tullius Cicero
Divination against Quintus Caecilius
1. If any one of you, O judges, or of these who are present here, marvels
perhaps at me, that I, who have for so many years been occupied in public
causes and trials in such a manner that I have defended many men but have
prosecuted no one could now on a sudden change my usual purpose, and descend
to act as accuser;—he, if he becomes acquainted with the cause and reason
of my present intention, will both approve of what I am doing, and will
think, I am sure, that no one ought to be preferred to me as manager of
this cause. As I had been quaestor in Sicily, O judges, and had departed
for that province so as to leave among all the Sicilians a pleasing and
lasting recollection of my quaestorship and of my name, it happened, that
while they thought their chief protection lay in many of their ancient
patrons, they thought there was also some support for their fortunes secured
in me, who, being now plundered and harassed, have all frequently come
to me by the public authority, entreating me to undertake the cause and
the defense of all their fortunes.
They say that I repeatedly promised and repeatedly assured them, that,
if any time should arrive when they wanted anything of me, I would not
be wanting to their service. They said that the time had come for me to
defend not only the advantages they enjoyed, but even the life and safety
of the whole province, that they had now not even any gods in their cities
to whom they could flee, because Caius Verres had carried off their most
sacred images from the very holiest temples. That whatever luxury could
accomplish in the way of vice, cruelty in the way of punishment, avarice
in the way of plunder, or arrogance in the way of insult, had all been
borne by them for the last three years, while this one man was praetor.
That they begged and entreated that I would not reject them as suppliants,
who, while I was in safety, ought to be suppliants to no one.
2. I was vexed and distressed, O judges, at being brought into such a strait,
as to be forced either to let those men's hopes deceive them who had entreated
succor and assistance of me, or else, when I had from my very earliest
youth devoted myself entirely to defending men, to be now, under the compulsion
of the occasion and of my duty, transferred to the part of an accuser.
I told them that they had an advocate in Quintus Caecilius, who had been
quaestor in the same province after I was quaestor there. But the very
thing which I thought would have been an assistance to me in getting rid
of this difficulty, was above all things a hindrance to me; for they would
have much more easily excused me if they had not known him, or if he had
never been among them as quaestor. I was induced, O judges, by the considerations
of duty, good faith, and pity; by the example of many good men; by the
ancient customs and habits of our ancestors, to think that I ought to take
upon myself this burden of labor and duty, not for any purpose of my own,
but in the time of need to my friends. In which business, however, this
fact consoles me, O judges, that this pleading of mine which seems to be
an accusation is not to be considered an accusation, but rather a defense.
For I am defending many men, many cities, the whole province of Sicily.
So that, if one person is to be accused by me, I still almost appear to
remain firm in my original purpose, and not entirely to have given up defending
and assisting men. But if I had this cause so deserving, so illustrious,
and so important; if either the Sicilians had not demanded this of me,
or I had not had such an intimate connection with the Sicilians; and if
I were to profess that what I am doing I am doing for the sake of the republic,
in order that a man endowed with unprecedented covetousness, audacity,
and wickedness,—whose thefts and crimes we have known to be most enormous
and most infamous, not in Sicily alone, but in Achaia, in Asia, in Cilicia,
in Pamphylia, and even at Rome, before the eyes of all men,—should be brought
to trial by my instrumentality, still, who would there be who could find
fault with my act or my intention?
3. What is there, in the name of gods and men! by which I can at the present
moment confer a greater benefit on the republic? What is there which either
ought to be more pleasing to the Roman people, or which can be more desirable
in the eves of the allies and of foreign nations, or more adapted to secure
the safety and fortunes of all men? The provinces depopulated, harassed,
and utterly overturned; the allies and tributaries of the Roman people
afflicted and miserable, are seeking now not for any hope of safety, but
for comfort in their destruction. They who wish the administration of justice
still to remain in the hands of the senatorial body, complain that they
cannot procure proper accusers; those who are able to act as accusers,
complain of the want of impartiality in the decisions. In the meantime
the Roman people, although it suffers under many disadvantages and difficulties,
yet desires nothing in the republic so much as the restoration of the ancient
authority and importance to the courts of law.
It is from a regret at the state of our courts of law that the restoration
of the power of the tribunes [Sulla in his reform of the constitution on the early aristocratic principles,
left to the tribunes only the jus auxiliandi, but deprived them of the right of making legislative or other proposals either
to the senate or to the comitia without having previously obtained the sanction of the Senate.] is so eagerly demanded again.
It is in consequence of the uncertainty of the courts of law, that another class [Caius Gracchus had procured
a law to be passed, that the Roman knights should be the judges; and they acted as such for forty years. After his
victory over Marius, Sulla made a law that the judges should be selected
from the senate.] is demanded to determine law-suits; owing to the crimes and infamy of the judges, even
the office of censor, which formerly was used to be accounted too severe by the people, is now again demanded, and has become
popular and praiseworthy. In a time of such licentiousness on the part of the wicked, of daily complaint on the part of the
Roman people, of dishonor in the courts of law, of unpopularity of the whole senate, as I thought that this was the only
remedy for these numerous evils, for men who were both capable and upright to undertake the cause of the republic and the laws,
I confess that I, for the sake of promoting the universal safety, devoted myself to upholding that part of the republic which
was in the greatest danger.
Now that I have shown the motives by which I was influenced to undertake the cause, I must
necessarily speak of our contention, that, in appointing an accuser, you may
have some certain line of conduct to follow. I understand the matter thus, O
judges:—when any man is accused of extortion, if there be a contest between any
parties as to who may best be entrusted with the prosecution, these two points
ought to be regarded most especially; first, whom they, to whom the injury is
said to have been done, wish most to be their counsel; and secondly, whom he,
who is accused of having done those injuries, would least wish to be so.
4. In this cause, O judges, although I think both these points plain, yet I will dilate upon each, and first on that
which ought to have the greatest influence with you, that is to say, on the inclination of those to whom the injuries have
been done; of those for whose sake this trial for extortion has been instituted. Caius Verres is said for three years to have
depopulated the province of Sicily, to have desolated the cities of the Sicilians, to have made the houses empty, to have
plundered the temples. The whole nation of the Sicilians is present, and complains of this. They fly for protection to my
good faith, which they have proved and long known; they entreat assistance for themselves from you and from the laws of the
Roman people through my instrumentality; they desire me to be their defender in these their calamities; they desire me to be
the avenger of their injuries, the advocate of their rights, and the pleader of their whole cause.
Will you, O Quintus Caecilius, say this, that I have not approached the
cause at the request of the Sicilians? or that the desire of those most
excellent and most faithful allies ought not to be of great influence with
these judges? If you dare to say that which Caius Verres, whose enemy you
are pretending to be, wishes especially to be believed,—that the Sicilians
did not make this request to me,—you will in the first place be supporting
the cause of your enemy, against whom it is considered that no vague presumption,
but that an actual decision has been come to, in the fact that has become
notorious, that all the Sicilians have begged for me as their advocate
against his injuries. If you, his enemy, deny that this is the case, which
he himself to whom the fact is most injurious does not dare to deny, take
care lest you seem to carry on your enmity in too friendly a manner. In
the second place, there are witnesses, the most illustrious men of our
state, all of whom it is not necessary that I should name, those who are
present I will appeal to; while, if I were speaking falsely, they are the
men whom I should least wish to be witnesses of my impudence. He, who is
one of the assessors on this bid, Caius Marcellus, knows it; he, whom I
see here present, Cnaeus Lentulus Marcellinus, knows it; on whose good
faith and protection the Sicilians principally depend, because the whole
of that province is inalienably connected with the name of the Marcelli.
These men know that this request was not only made to me, but that it was
made so frequently and with such earnestness, that I had no alternative
except either to undertake the cause, or to repudiate the duty of friendship.
But why do I cite these men as witnesses, as if the matter were doubtful
or unknown? Most noble men are present here from the whole province, who
being present, beg and entreat you, O judges, not to let your judgment
differ from their judgment in selecting an advocate for their cause. Deputations
from every city in the whole of Sicily, except two, [Cicero
means Syracuse and Messana, which did not join in the outcry against
Verres] are present; and if deputations from those two were present also, two of the very
most serious of the crimes would be lessened in which these cities are implicated with Caius Verres.
But why have they entreated this protection from me above all men? If it
were doubtful whether they had entreated it from me or not, I could tell
why they had entreated it; but now, when it is so evident that you can
see it with your eyes, I know not why it should be any injury to me to
have it imputed to me that I was selected above all men. But I do not arrogate
any such thing to myself, and I not only do not say it, but I do not wish
even to leave any one to believe that I have been preferred to every possible
advocate. That is not the fact but a consideration of the opportunities
of each individual and of his health, and of his aptitude for conducting
this cause, has been taken into account. My desire and sentiments on this
matter have always been these, that I would rather that any one of those
who are fit for it should undertake it than I; but I had rather that I
should undertake it myself than that no one should.
5. The next thing is, since it is evident that the Sicilians have demanded
this of me, for us to inquire whether it is right that this fact should
have any influence on you and on your judgments; whether the allies of
the Roman people, your suppliants, ought to have any weight with you in
a matter of extortion committed on themselves. And why need I say much
on such a point as this? as if there were any doubt that the whole law
about extortion was established for the sake of the allies. For when citizens have been robbed of their money, it is usually sought
to be recovered by civil action and by a private suit. This is a law affecting
the allies,—this is a right of foreign nations. They have this fortress
somewhat less strongly fortified now than it was formerly, but still if
there be any hope left which can console the minds of the allies, it is
all placed in this law. And strict guardians of this law have long since
been required, not only by the Roman people, but by the most distant nations.
Who then is there who can deny that it is right that the trial should be
conducted according to the wish of those men for whose sake the law has
been established? All Sicily, if it could speak with one voice, would say
this:—"All the gold, all the silver, all the ornaments which were
in my cities, in my private houses, or in my temples,—all the rights which
I had in any single thing by the kindness of the senate and Roman people,—all
that you, O Caius Verres, have taken away and robbed me of, on which account
I demand of you a hundred million of sesterces according to the law."
If the whole province, as I have said, could speak, it would say this,
and as it could not speak, it has of its own accord chosen an advocate
to urge these points, whom it has thought suitable. In a matter of this sort, will any one be found so
impudent as to dare to approach or to aspire to the conduct of the cause of
others against the will of those very people whose affairs are involved in it?
6. If, O Quintus Caecilius, the Sicilians were to say this to you,—we do
not know you—we know not who you are, we never saw you before; allow us
to defend our fortunes through the instrumentality of that man whose good
faith is known to us; would they not be saying what would appear reasonable
to every one? But now they say this—that they know both the men, that they
wish one of them to be the defender of their cause, that they are wholly
unwilling that the other should be. Even if they were silent they would say plainly enough why they are unwilling.
But they are not silent; and yet will you offer yourself, when they are most unwilling to accept you! Will you still
persist in speaking in the cause of others? Will you still defend those men who would rather be deserted by every one than defended by you?
Will you still promise your assistance to those men who do neither believe
that you wish to give it for their sake, nor that, if you did wish it,
you could do it? Why do you endeavor to take away from them by force the
little hope for the remainder of their fortunes which they still retain,
built upon the impartiality of the law and of this tribunal? Why do you
interpose yourself expressly against the will of those whom the law directs
to be especially consulted? Why do you now openly attempt to ruin the whole
fortunes of those of whom you did not deserve very well when in the province?
Why do you take away from them, not only the power of prosecuting their
rights, but even of bewailing their calamities? If you are their counsel, whom do you expect to come forward of
those men who are now striving, not to punish some one else by your means, but
to avenge themselves on you yourself, through the instrumentality of some one or other?
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 honor, 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; 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 [Hortensius] 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 honorable, 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 laboring."
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, [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 colored
wax, so that he could easily recognize their votes in the balloting urn.] 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.
8. I now beforehand give this man notice, that if you determine that this
cause shall be conducted by me, his whole plan of defense must be altered,
and must be altered in such a manner as to be carried on in a more honest
and honorable 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.
In this trial I think that the cause of the Sicilian nation,—that the cause
of the whole Roman people, is undertaken by me; so that I have not to crush
one worthless man alone, which is what the Sicilians have requested, but
to extinguish and extirpate every sort of iniquity, which is what the Roman
people has been long demanding. And how far I labor in this cause, or what
I may be able to effect, I would rather leave to the expectations of others,
than set forth in my own oration. But
as for you, O Caecilius, what can you do? On what occasion, or in what affair,
have you, I will not say given proof to others of your powers! but even made
trial of yourself to yourself? Has it never occurred to you how important a
business it is to uphold a public cause? to lay bare the whole life of another?
and to bring it palpably before, not only the minds of the judges, but before
the very eyes and sight of all men; to defend the safety of the allies, the
interests of the provinces, the authority of the laws, and the dignity of the
judgment-seat?
9. Judge by me, since this is the first opportunity of learning it that you have ever had, how many qualities
must meet in that man who is the accuser of another: and if you recognize any one of these in yourself, I will, of my
own accord, yield up to you that which you are desirous of. First of all, he must have a singular integrity and innocence.
For there is nothing which is less tolerable than for him to demand an account of his life from another who cannot give
an account of his own. Here I will not say any more of yourself. This one thing, I think, all may observe, that up to this
time you had no opportunity of becoming known to any people except to the Sicilians; and that the Sicilians say this, that
even though they are exasperated against the same man, whose enemy you say that you are, still, if you are the advocate,
they will not appear on the trial. Why they refuse to, you will not hear from me. Allow these judges to suspect what it
is inevitable that they must.
The Sicilians, indeed, being a race of men over-acute, and too much inclined
to suspiciousness, suspect that you do not wish to bring documents from
Sicily against Verres; but, as both his praetorship and your quaestorship
are recorded in the same documents, they suspect that you wish to remove
[The Latin is deportare and asportare, the former meaning to remove from one place
to another, the latter to carry away] them out of Sicily. In the second place, an accuser must be trustworthy
and veracious. Even if I were to think that you were desirous of being
so, I easily see that you are not able to be so.
Nor do I speak of these things, which, if I were to mention, you would
not be able to invalidate, namely that you, before you departed from Sicily,
had become reconciled to Verres; that Potamo, your secretary and intimate
friend, was retained by Verres in the province when you left it; that Marcus
Caecilius, your brother, a most exemplary and accomplished young man, is
not only not present here and does not stand by you while prosecuting your
alleged injuries, but that he is with Verres, and is living on terms of
the closest friendship and intimacy with him. These, and other things belonging
to you, are many signs of a false accuser; but these I do not now avail
myself of. I say this, that you, if you were to wish it ever so much, still
cannot be a faithful accuser. For I see that there are many charges in
which you are so implicated with Verres, that in accusing him, you would
not dare to touch upon them.
10. All Sicily complains that Caius Verres, when he had ordered corn to be brought into his granary for him, and when
a bushel of wheat was two sesterces, demanded of the farmers twelve sesterces a bushel for wheat. [The
praetor had the power to make an annual demand on the farmers for
corn for be state, and the quaestor was to pay a fair market price for
it; but in some cases the praetor allowed or compelled the farmer to pay
a composition in money, instead of delivering corn.] It was a great crime, an immense sum, an impudent theft, an intolerable
injustice. I must inevitably convict him of this charge; what will you
do, O Caecilius? Will you pass over this serious accusation, or will you bring it forward?
If you bring it forward, will you charge that as a crime against another,
which you did yourself at the same time in the same province? Will you
dare so to accuse another, that you cannot avoid at the same time condemning
yourself? If you omit the charge, what sort of a prosecution will yours
be, which from fear of danger to yourself, is afraid not only to create
a suspicion of a most certain and enormous crime, but even to make the
least mention of it? Corn was bought, on the authority of a decree of the
senate, of the Sicilians while Verres was praetor; for which corn all the
money was not paid.
This is a grave charge against Verres; a grave one if I plead the cause,
but, if you are the prosecutor, no charge at all. For you were the quaestor,
you had the handling of the public money; and, even if the praetor desired
it ever so much, yet it was to a great extent in your power to prevent
anything being taken from it. Of this crime, therefore, if you are the
prosecutor, no mention will be made. And so during the whole trial nothing
will be said of his most enormous and most notorious thefts and injuries.
Believe me, O Caecilius, he who is connected with the criminal in a partnership
of iniquity, cannot really defend his associates while accusing him. The
contractors exacted money from the cities instead of corn. Well! was this
never done except in the praetorship of Verres? I do not say that, but
it was done while Caecilius was quaestor. What then will you do? Will you
urge against this man as a charge, what you both could and ought to have
prevented from being done? or will you leave out the whole of it? Verres,
then, at his trial will absolutely never hear at all of those things, which,
when he was doing them, he did not know how he should be able to defend.
11. And I am mentioning those matters which lie on the surface. There are
other acts of plunder more secret, which he, in order, I suppose, to check
the courage and delay the attack of Caecilius, has very kindly participated
in with his quaestor. You know that information of these matters has been given to me; and if
I were to choose to mention them, all men would easily perceive that there
was not only a perfect harmony of will subsisting between you both, but
that you did not pursue even your plunder separately. So that if you demand
to be allowed to give information of the crimes which Verres has committed
in conjunction with you, I have no objection, if it is allowed by the law.
But if we are speaking of conducting the prosecution, that you must yield
to those who are hindered by no crimes of their own from being able to
prove the offenses of another. And see how much difference there will be between my accusation and yours.
I intend to charge Verres with all the crimes that you committed, though
he had no share in them, because he did not prevent you from committing
them, though he had the supreme power; you, on the other hand, will not
allege against him even the crimes which he committed himself, lest you
should be found to be in any particular connected with him. What shall
I say of these other points, O Caecilius? Do these things appear contemptible
to you, without which no cause, especially no cause of such importance,
can by any means be supported? Have you any talent for pleading? any practice
in speaking? Have you paid any attention or acquired any acquaintance with
the forum, the courts, and the laws? know in what a rocky and difficult
path I am now treading; for as all arrogance is odious, so a conceit of
one's abilities and eloquence is by far the most disagreeable of all. On
which account I say nothing of my own abilities; for I have none worth
speaking of, and if I had I would not speak of them. For either the opinion
formed of me is quite sufficient for me, such as it is; or if it be too
low an opinion to please me, still I cannot make it higher by talking about them.
12. I will just, O Caecilius, say this much familiarly to you about yourself,
forgetting for a moment this rivalry and contest of ours. Consider again
and again what your own sentiments are, and recollect yourself; and consider
who you are, and what you are able to effect. Do you think that, when you
have taken upon yourself the cause of the allies, and the fortunes of the
province, and the rights of the Roman people, and the dignity of the judgment-seat
and of the law, in a discussion of the most important and serious matters,
you are able to support so many affairs and those so weighty and so various
with your voice, your memory, your counsel, and your ability? Do you think
that you are able to distinguish in separate charges, and in a well-arranged
speech, all that Caius Verres has done in his quaestorship, and in his
lieutenancy, and in his praetorship, at Rome, or in Italy, or in Achaia,
or in Asia Minor, or in Pamphylia, as the actions themselves are divided
by place and time? Do you think that you are able (and this is especially
necessary against a defendant of this sort) to cause the things which he
has done licentiously, or wickedly, or tyrannically, to appear just as
bitter and scandalous to those who hear of them, as they did appear to
those who felt them?
Those things which I am speaking of are very important, believe me. Do not you despise this either; everything must
be related, and demonstrated, and explained; the cause must be not merely stated, but it must also be gravely and copiously
dilated on. You must cause, if you wish really to do and to effect anything, men not only to hear you, but also to hear you
willingly and eagerly. And if nature kind been bountiful to you in such qualities, and if from your childhood you had studied
the best arts and systems, and worked hard at them;--if you had learnt Greek literature at Athens, not at Lilybaeum, and Latin
literature at Rome, and not in Sicily; still it would be a great undertaking to approach so important a cause, and one about
which there is such great expectation, and having approached it, to follow it up with the requisite diligence; to have all the
particulars always fresh in your memory; to discuss it properly in your speech, and to support it adequately with your voice and your faculties.
Perhaps you may say, What then? Are you then endowed with all these qualifications?—I wish indeed that I were; but at
all events I have labored with great industry from my very childhood to attain them. And if I, on account of the importance and
difficulty of such a study have not been able to attain them, who have done nothing else all my life, how far do you think that
you must be distant from these qualities, which you have not only never thought of before, but which even now, when you are entering
on a stage that requires them all, you can form no proper idea of, either as for their nature or as to their importance?
13. I, who as all men know, am so much concerned in the forum and the courts of justice, that there is no one of the same
age, or very few, who have defended more causes, and who spend all my time which can be spared from the business of my friends
in these studies and labors, in order that I may be more prepared for forensic practice and more ready at it, yet, (may the gods
be favorable to me as I am saying what is true!) whenever the thought occurs to me of the day when the defendant having been
summoned, I have to speak, I am not only agitated in my mind, but a shudder runs over my whole body. Even now I am surveying
in my mind and thoughts what party spirit will be shown by men; what throngs of men will meet; how great an expectation the
importance of the trial will excite; how greet a multitude of hearers the infamy of Caius Verres will collect; how great an
audience for my speech his wickedness will draw together And when I think of these things, even now I am afraid as to what I
shall be able to say suitable to the hatred men bear him who are inimical and hostile to him, and worthy of the expectation
which all men will form, and of the importance of the case.
Do you fear nothing, do you think of nothing are you anxious about nothing
of all this? Or if from some old speech you have been able to learn, "I
entreat the mighty and beneficent Jupiter," or, "I wish it were
possible, O judges," or something of the sort, do you think that you
shall come before the court in an admirable state of preparation? And,
even if no one were to answer you, yet you would not, as I think, be able
to state and prove even the cause itself. Do you now never give it a thought,
that you will have a contest with a most eloquent man, and one in a perfect
state of preparation for speaking, with whom you will at one time have
to argue, and at another time to strive and contend against him with all
your might? Whose abilities indeed I praise greatly, but not so as to be
afraid of them, and think highly of, thinking however at the same time
that I am more easily to be pleased by them than cajoled by them.
14. He will never put me down by his acuteness; he will never put me out
of countenance by any artifice; he will never attempt to upset and dispirit
me by displays of his genius. I know all the modes of attack and every
system of speaking the man has. We have often been employed on the same,
often on opposite sides. Ingenious as he is, he will plead against me as
if he were aware that his own ability is to same extent put on its trial.
But as for you, O Caecilius, I think that I see already how he will play
with you, how he will bandy you about; how often he will give you power
and option of choosing which alternative you please,—whether a thing were
done or not, whether a thing be true or false; and whichever side you take
will be contrary to your interest. What a heat you will be in, what bewilderment!
what darkness, O ye immortal gods! will overwhelm the man, free from malice
as he is.
What will you do when he begins to divide the different counts of your
accusation, and to arrange on his fingers each separate division of the
cause? What will you do when he begins to deal with each argument, to disentangle
it, to get rid of it? You yourself in truth will begin to be afraid lest
you have brought an innocent man into danger. What will you do when he begins to pity his client, to complain, and to
take off some of his unpopularity from him and transfer it to you? to speak
of the close connection necessarily subsisting between the quaestor and
the praetor? of the custom of the ancients? of the holy nature of the connection
between those to whom the same province was by lot appointed? Will you
be able to encounter the odium such a speech will excite against you?
Think a moment; consider again and again. For there seems to me to be danger
of his overwhelming you not with words only, but of his blunting the edge
of your genius by the mere gestures and motions of his body, and so distracting
you and leading you away from every previous thought and purpose. And I
see that the trial of this will be immediate; for if you are able today
to answer me and these things which I am saying; if you even depart one
word from that book which some elocution-master or other has given you,
made up of other men's speeches; I shall think that you are able to speak,
and that you are not unequal to that trial also, and that you will be able
to do justice to the cause and to the duty you undertake. But if in this
preliminary skirmish with me you turn out nothing, what can we suppose
you will be in the contest itself against a most active adversary?
15. Be it so; he is nothing himself, he has no ability; but he comes prepared
with well-trained and eloquent supporters. And this too is something, though
it is not enough; for in all things he who is the chief person to act,
ought to be the most accomplished and the best prepared. But I see that
Lucius Appuleius is the next counsel on the list, a mere beginner, not
as to his age indeed, but as to his practice and training in forensic contests.
Next to him he has, as I think, Allienus; he indeed does belong to the
bar, but however, I never took any particular notice of what he could do
in speaking; in raising an outcry, indeed, I see that he is very vigorous
and practiced. In this man all your hopes are placed; he, if you are appointed
prosecutor, will sustain the whole trial. But even he will not put forth
his whole strength in speaking, but will consult your credit and reputation;
and will abstain from putting forth the whole power of eloquence which
he himself possesses, in order that you may still appear of some importance.
As we see is done by the Greek pleaders; that he to whom the second or
third part belongs, though he may be able to speak somewhat better than
his leader, often restrains himself a good deal, in order that the chief
may appear to the greatest possible advantage, so will Allienus act; he
will be subservient to you, he will pander to your interest, he will put
forth somewhat less strength than he might.
Now consider this, O judges, what sort of accusers we shall have in this
most important trial; when Allienus himself will somewhat abstain from
displaying all his abilities, if he has any, and Caecilius will only be
able to think himself of any use, because Allienus is not so vigorous as
he might be, and voluntarily allows him the chief share in the display.
What fourth counsel he is to have with him I do not know, unless it be
one of that crowd of losers of time who have entreated to be allowed an
inferior part in this prosecution, whoever he might be to whom you gave
the lead. And you are to appear in just this state of preparation, that
you have to make friends of those men who are utter strangers to you, for
the purpose of obtaining their assistance. But I will not do these men
so much honor as to answer what they have said in any regular order, or
to give a separate answer to each; but since I have come to mention them
not intentionally, but by chance, I will briefly, as I pass, satisfy them
all in a few words.
16. Do I seem to you to be in such exceeding want of friends that I must have an assistant given me, chosen not out
of the men whom I have brought down to court with me, but out of the people at large? And are you suffering under such a dearth
of defendants, that you endeavor to filch this cause from me rather than look for some defendants of your own class at the pillar
of Maenius? [Maenius had sold his house to Cato and Valerius Flaccus when they were
censors, and they had built the Porcian Piazza on the spot, but he had
reserved for himself one pillar for him and his heirs to have a view of
the gladiatorial contests from it; and near this column the triumviricapitates
held their court, before whose tribunal it was chiefly the lower sort of
criminals who were brought.] Appoint me, says he, to watch Tullius. What? How many watchers shall I have need
of, if I once allow you to meddle with my bag? as you will have to be watched not only to prevent your betraying anything,
but to prevent your removing anything. But for the whole matter of that watchman I will answer you thus in the briefest manner
possible; that these honest judges will never permit any assistant to force himself against my consent into so important a cause,
when it has been undertaken by me, and is entrusted to me.
In truth, my integrity rejects an overlooker; my diligence is afraid of
a spy. But to return to you, O Caecilius, you see how many qualities are
wanting to you; how many belong to you which a guilty defendant would wish
to belong to his prosecutor, you are well aware. What can be said to this?
For I do not ask what you will say yourself, I see that it is not you who
will answer me, but this book which your prompter has in his hand; who,
if he be inclined to prompt you rightly, will advise you to depart from
this place and not to answer me one word. For what can you say? That which
you are constantly repeating, that Verres has done you an injury? I have
no doubt he has, for it would not be probable, when he was doing injuries
to all the Sicilians, that you alone should be so important in his eyes
that he should take care of your interests.
But the rest of the Sicilians have found an avenger of their injuries;
you, while you are endeavoring to exact vengeance for your injuries by
your own means, (which you will not be able to effect,) are acting in a
way to leave the injuries of all the rest unpunished and unavenged. And
you do not see that it ought not alone to be considered who is a proper
person to exact vengeance, but also who is a person capable of doing so,—that
if there be a man in whom both these qualifications exist, he is the best
man. But if a man has only one of them, then the question usually asked is, not what he is
inclined to do, but what he is able to do. And if you think that the office of
prosecutor ought to be entrusted to him above all other men, to whom Caius
Verres has done the greatest injury, which do you think the judges ought to be
most indignant at,—at your having been injured by him, or at the whole province
of Sicily having been harassed and ruined by him? I think you must grant that
this both is the worst thing of the two, and that it ought to be considered the
worst by every one. A flow, therefore, that the province ought to be preferred
to you as the prosecutor. For the province is prosecuting when he is pleading
the cause whom the province has adopted as the defender of her rights, the
avenger of her injuries, and the pleader of the whole cause.
17. Oh, but Caius Verres has done you such an injury as might afflict the minds of all the rest of the Sicilians
also, though the grievance was felt only by another. Nothing of the sort. For I think it is material also to this argument
to consider what sort of injury is alleged and brought forward as the cause of your enmity. Allow me to relate it. For he
indeed, unless he is wholly destitute of sense, will never say what it is. There is a woman of the name of Agonis, a Lilybaean,
a freedwoman of Venus Erycina; a woman who before this man was quaestor was notoriously well off and rich. From her some prefect
of Antonius's [Antonius had been appointed as naval commander-in-chief along the whole
coast; in which capacity it was that he made his unauthorized attack on
Crete, which gave rise to the war in which the island was reduced by Metellus
Creticus.] carried off some musical slaves whom he said he wished to use in his fleet. Then she, as is the custom
in Sicily for all the slaves of Venus, and all those who have procured their emancipation from her, in order to hinder the designs
of the prefect, by the scruples which the name of Venus would raise, said that she and all her property belonged to Venus.
When this was reported to Caecilius, that most excellent and upright man,
he ordered Agonis to be summoned before him; he immediately orders a trial
to ascertain "if it appeared that she had said that she and all her
property belonged to Venus." The recuperators [In many cases a single judex
was appointed, in others several were appointed,
and they seem sometimes to have been called recuperatores, as opposed to
the single judex."—Smith, Dict. Ant. p. 529, v. Judex.] decide all that was necessary, and indeed
there was no doubt at all that she had said so. He sends men to take possession of the woman's property. He adjudges
her herself to be again a slave of Venus; then he sells her property and confiscates the money. So while Agonis wishes
to keep a few slaves under the name and religious protection of Venus, she loses all her fortunes and her own liberty by the wrong doing of that man.
After that, Verres comes to Lilybaeum; he takes cognizance of the affair;
he disapproves of the act; he compels his quaestor to pay back and restore
to its owner all the money which he had confiscated, having been received
for the property of Agonis. He is here, and you may well admire it, no
longer Verres, but Quintus Mucius. ["Quintus Mucius Scaevola is spoken of here, who in be year A.U.C.
660 was sent as proconsul to Asia, where he governed with such justice
and strictness that the senate afterwards by formal decree reminded magistrates
about to depart for that province of his example."—Hottoman.] For what could he do more delicate to obtain a high character among men?
what more just to relieve the distress of the women? what more severe to
repress the licentiousness of his quaestor? All this appears to me most
exceedingly praiseworthy. But at the very next step, in a moment, as if
he had drank of some Circaean cup, having been a man, he becomes Verres
again; he returns to himself and to his old habits. For of that money he
appropriated a great share to himself, and restored to the woman only as
much as he chose.
18. Here now if you say that you were offended with Verres, I will grant
you that and allow it; if you complain that he did you any injury, I will
defend him and deny it. Secondly, I say that of the injury which was done
to you no one of us ought to be a more severe avenger than you yourself,
to whom it is said to have been done. If you afterwards became reconciled
to him, if you were often at his house, if he after that supped with you,
do you prefer to be considered as acting with treachery or by collusion
with him? I see that one of these alternatives is inevitable, but in this
matter I will have no contention with you to prevent your adopting which
you please.
What shall I say if even the pretext of that injury which was done to you by him no longer remains? What have you then
to say why you should be preferred, I will not say to me, but to any one? except that which I hear you intend to say, that you
were his quaestor: which indeed would be an important allegation if you were contending with me as to which of us ought to be
the most friendly to him; but in a contention as to which is to take up a quarrel against him, it is ridiculous to suppose that
an intimate connection with him can be a just reason for bringing him into danger.
In truth, if you had received ever so many injuries from your praetor, still you would deserve greater credit by
bearing them than by revenging them; but when nothing in his life was ever done
more rightly than that which you call an injury, shall these judges determine
that this cause, which they would not even tolerate in any one else, shall
appear in your case to be a reasonable one to justify the violation of your
ancient connection? When even if you had received the greatest injury from him,
still, since you have been his quaestor, you cannot accuse him and remain
blameless yourself. But if no injury has been done you at all, you cannot accuse
him without wickedness; and as it is very uncertain whether any injury has been
done you, do you think that there is any one of these men who would not prefer
that you should depart without incurring blame rather than after having
committed wickedness?
19. And just think how great is the difference between my opinion and yours.
You, though you are in every respect inferior to me, still think that you
ought to be preferred to me for this one reason, because you were his quaestor.
I think, that if you were my superior in every other qualification, still
that for this one cause alone you ought to be rejected as the prosecutor.
For this is the principle which has been handed down to us from our ancestors,
that a praetor ought to be in the place of a parent to his quaestor; that
no more reasonable nor more important cause of intimate friendship can
be imagined than a connection arising from drawing the same lot, having
the same province, and being associated in the discharge of the same public
duty and office. Wherefore, even if you could accuse him without violating
strict right, still, as he had been in the place of a parent to you, you
could not do so without violating every principle of piety. But as you
have not received any injury, and would yet be creating danger for your
praetor, you must admit that you are endeavoring to wage an unjust and
impious war against him.
In truth, your quaestorship is an argument of so strong a nature, that
you would have to take a great deal of pains to find an excuse for accusing
him to whom you had acted as quaestor, and can never be a reason why you
should claim on that account to have the office of prosecuting him entrusted
to you above all men. Nor indeed, did any one who had acted as quaestor
to another, ever contest the point of being allowed to accuse him without
being rejected. And therefore, neither was permission given to Lucius Philo
to bring forward an accusation against Caius Servilius, nor to Marcus Aurelius
Scaurus to prosecute Lucius Flaccus, nor to Cnaeus Pompeius to accuse Titus
Albucius; not one of whom was refused this, permission because of any personal
unworthiness, but in order that the desire to violate such an intimate
connection might not be sanctioned by the authority of the judges. And
that great man Cnaeus Pompeius contended about that matter with Caius Julius,
just as you are contending with me. For he had been the quaestor of Albucius,
just as you were of Verres: Julius had on his side this reason for conducting
the prosecution, that, just as we have now been entreated by the Sicilians,
so he had then been entreated by the Sardinians, to espouse their cause.
And this argument has always had the greatest influence; this has always
been the most honorable cause for acting as accuser, that by so doing one
is bringing enmity on oneself in behalf of allies, for the sake of the
safety of a province, for the advantage of foreign nations—that one is
for their sakes incurring danger, and spending much care and anxiety and labor.
20. Even if the cause of those men who wish to revenge their own injuries
be ever so strong, in which matter they are only obeying their own feelings
of indignation, not consulting the advantage of the republic: how much
more honorable is that cause, which is not only reasonable, but which ought
to be acceptable to all,--that a man, without having received any private
injury to himself, should be influenced by the sufferings and injuries
of the allies and friends of the Roman people! When lately that most brave
and upright man Lucius Piso demanded to be allowed to prefer an accusation
against Publius Gabinius, and when Quintus Caecilius claimed the same permission
in opposition to Piso, and said that in so doing he was following up an
old quarrel which he had long had with Gabinius; it was not only the authority
and dignity of Piso which had great weight, but also the superior justice
of his cause, because the Achaeans had adopted him as their patron.
In truth, when the very law itself about extortion is the protectress of
the allies and friends of the Roman people, it is an iniquitous thing that
he should not, above all others, he thought the fittest advocate of the
law and conductor of the trial, whom the allies wish, above all men, to
be the pleader of their cause, and the defender of their fortunes. Or ought
not that which is the more honorable to mention, to appear also far the
most reasonable to approve of? Which then is the more splendid, which is
the more honorable allegation—"I have prosecuted this man to whom
I had acted as quaestor, with whom the lot cast for the provinces, and
the custom of our ancestors, and the judgment of gods and men had connected
me," or, "I have prosecuted this man at the request of the allies
and friends of the Roman people, I have been selected by the whole province
to defend its rights and fortunes?" Can any one doubt that it is more
honorable to act as prosecutor in behalf of those men among whom you have
been quaestor, than as prosecutor of him whose quaestor you have been?
The most illustrious men of our state, in the best of times, used to think
this most honorable and glorious for them to ward off injuries from their
hereditary friends, and from their clients, and from foreign nations which
were either friends or subjects of the Roman people, and to defend their
fortunes. We learn from tradition that Marcus Cato, that wise man, that
most illustrious and most prudent man, brought upon himself great enmity
from many men, on account of the injuries of the Spaniards among whom he
had been when consul. We know that lately Cnaeus Domitius prosecuted Marcus
Silanus on account of the injuries of one man, Egritomarus, his father's
friend and comrade.
21. Nor indeed has anything ever had more influence over the minds of guilty
men than this principle of our ancestors, now re-adopted and brought back
among us after a long interval, namely, that the complaints of the allies
should be brought to a man who is not very inactive, and their advocacy
undertaken by him who appeared able to defend their fortunes with integrity
and diligence. Men are afraid of this; they endeavor to prevent this; they
are disquieted at such a principle having ever been adopted, and after
it has been adopted at its now being resuscitated and brought into play
again. They think that, if this custom begins gradually to creep on and
advance, the laws will be put in execution, and actions will be conducted
by honorable and fearless men, and not by unskillful youths, or informers
of this sort. Of which custom and principle our fathers and ancestors did
not repent when Publius Lentulus, he who was chief of the Senate, prosecuted
Marcus Aquillius, having Caius Rutilius Rufus backing the accusation; or
when Publius Africanus, a man most eminent for valor, for good fortune,
for renown, and for exploits, after he had been twice consul and had been
censor brought Lucius Cotta to trial.
Then the name of the Roman people was rightly held in high honor; rightly
was the authority of this empire and the majesty of the state considered
illustrious. Nobody marveled in the case of that great man Africanus, as
they now pretend to marvel with respect to me, a man endowed with but moderate
influence and moderate talents, just because they are annoyed at me; "What
can he be meaning? does he want to be considered a prosecutor who hitherto
has been accustomed to defend people? and especially now at the age when
he is seeking the aedileship?" But I think it becomes not my age only,
but even a much greater age, and I think it an action consistent with the
highest dignity to accuse the wicked, and to defend the miserable and distressed.
And in truth, either this is a remedy for a republic diseased and in an
almost desperate condition, and for tribunals corrupted and contaminated
by the vices and baseness of a few, for men of the greatest possible honor
and uprightness and modesty to undertake to uphold the stability of the
laws, and the authority of the courts of justice; or else, if this is of
no advantage, no medicine whatever will ever be found for such terrible
and numerous evils as these. There is no greater safety for a republic,
than for those who accuse another to be no less alarmed for their own credit,
and honor, and reputation, than they who are accused are for their lives
and fortunes. And therefore, those men have always conducted prosecutions
with the greatest care and with the greatest pains, who have considered
that they themselves had their reputations at stake.
22. You, therefore, O judges ought to come to this decision, that Quintus
Caecilius of whom no one has ever had any opinion, and from whom even in
this very trial nothing could be expected—who takes no trouble either to
preserve a reputation previously acquired, or to give grounds for hope
of himself in future times—will not be likely to conduct this cause with
too much severity, with too much accuracy, or with too much diligence.
For he has nothing which he can lose by disappointing public expectation;
even if he were to come off ever so shamefully, or ever so infamously,
he will lose no credit which he at present enjoys. From us the Roman people
has many hostages which we must labor with all our might and by every possible
means to preserve uninjured, to defend, to keep in safety, and to redeem;
it has honor which we are desirous of; it has hope, which we constantly
keep before our eyes; it has reputation, acquired with much sweat and labor
day and night; so that if we prove our duty and industry in this cause,
we may be able to preserve all those things which I have mentioned safe
and unimpaired by the favor of the Roman people; but if we trip and stumble
ever so little, we may at one moment lose the whole of those things which
have been collected one by one and by slow degrees. On which account it
is your business, O judges, to select him who you think can most easily
sustain this great cause and trial with integrity, with diligence, with
wisdom, and with authority. If you prefer Quintus Caecilius to me, I shall
not think that I am surpassed in dignity; but take you care that the Roman
people do not think that a prosecution as honest, as severe, as diligent
as this would have been in my hands, was neither pleasing to yourselves
nor to your body.
Against Verres
Marcus Tullius Cicero
First pleading
1. That which was above all things to be desired, O judges, and which above all things was calculated to have
the greatest influence towards allaying the unpopularity of your order, and putting an end to the discredit into which your
judicial decisions have fallen, appears to have been thrown in your way, and given to you not by any human contrivance, but
almost by the interposition of the gods, at a most important crisis of the republic. For an opinion has now become established,
pernicious to us, and pernicious to the republic, which has been the common talk of every one, not only at Rome, but among foreign
nations also,—that in the courts of law as they exist at present, no wealthy man, however guilty he may be, can possibly be convicted.
Now at this time of peril to your order and to your tribunals, when men are ready to attempt by harangues, and by the proposal of new
laws, to increase the existing unpopularity of the senate, Caius Verres is brought to trial as a criminal, a man condemned in the opinion
of every one by his life and actions, but acquitted by the enormousness of his wealth according to his own hope and boast.
I, O judges, have undertaken this cause as prosecutor with the greatest
good wishes and expectation on the part of the Roman people, not in order
to increase the unpopularity of the senate, but to relieve it from the
discredit which I share with it. For I have brought before you a man, by
acting justly in whose case you have an opportunity of retrieving the lost
credit of your judicial proceedings, of regaining your credit with the
Roman people, and of giving satisfaction to foreign nations; a man, the
embezzler of the public funds, the petty tyrant of Asia and Pamphylia,
the robber who deprived the city of its rights, the disgrace and ruin of
the province of Sicily. And if you come to a decision about this man with
severity and a due regard to your oaths, that authority which ought to
remain in you will cling to you still; but if that man's vast riches shall
break down the sanctity and honesty of the courts of justice, at least
I shall achieve this, that it shall be plain that it was rather honest
judgment that was wanting to the republic, than a criminal to the judges,
or an accuser to the criminal.
2. I, indeed, that I may confess to you the truth about myself, O judges,
though many snares were laid for me by Caius Verres, both by land and sea,
which I partly avoided by my own vigilance, and partly warded off by the
zeal and kindness of my friends, yet I never seemed to be incurring so
much danger, and I never was in such a state of great apprehension, as
I am now in this very court of law. Nor does the expectation which people
have formed of my conduct of this prosecution, nor this concourse of so
vast a multitude as is here assembled, influence me (though indeed I am
greatly agitated by these circumstances) so much as his nefarious plots
which he is endeavoring to lay at one and the same time against me, against
you, against Marcus Gabrio the praetor, and against the allies, against
foreign nations, against the senate, and even against the very name of
senator; whose favorite saying it is that they have got to fear who have
stolen only as much as is enough for themselves, but that he has stolen
so much that it may easily be plenty for many; that nothing is so holy
that it cannot be corrupted, or so strongly fortified that it cannot be
stormed by money. But if he were as secret in acting as he is audacious
in attempting, perhaps in some particular he might some time or other have
escaped our notice.
But it happens very fortunately that to his incredible audacity there is joined a most unexampled folly. For as he
was unconcealed in committing his robberies of money, so in his hope of corrupting the judges he has made his intentions
and endeavors visible to every one. He says that once only in his life has he felt fear: at the time when he was first
impeached as a criminal by me; because he was only lately arrived from his province, and was branded with unpopularity
and infamy, not modern but ancient and of long standing; and, besides that, the time was unlucky, being very ill-suited
for corrupting the judges. Therefore, when I had demanded a very short time to prosecute my inquiries in Sicily, he found
a man to ask for two days less to make investigations in Achaia; not with any real intention of doing the same with his
diligence and industry, that I have accomplished by my labor, and daily and nightly investigations. For the Achaean inquisitor
never even arrived at Brundusium. I in fifty days so traveled over the whole of Sicily that I examined into the records and
injuries of all the tribes and of all private individuals, so that it was easily visible to every one, that he had been seeking
out a man not really for the purpose of bringing the defendant whom he accused to trial, but merely to occupy the time which ought to belong to me.
3. Now that most audacious and most senseless man thinks this. He is aware
that I am come into court so thoroughly prepared and armed, that I shall
fix all his thefts and crimes not only in your ears, but in the very eyes
of all men. He sees that many senators are witnesses of his audacity, he
sees that many Roman knights are so too, and many citizens, and many of
the allies besides to whom he has done unmistakable injuries. He sees also
that very numerous and very important deputations have come here at the
same time from most friendly cities, armed with the public authority and
evidence collected by their states. And though this is the case, still
he thinks so ill of all virtuous men, to such an extent does he believe
the decisions of the senators to be corrupt and profligate, that he makes
a custom of openly boasting that it was not without reason that he was
greedy of money, since he now finds that there is such protection in money,
and that he has bought (what was the hardest thing of all) the very time
of his trial, in order to be able to buy everything else more easily; so
that, as he could not by any possibility shirk the force of the accusations
altogether, he might avoid the most violent gusts of the storm.
But if he had placed any hope at all, not only in his cause, but in any
honorable defense, or in the eloquence or in the influence of any one,
he would not be so eager in collecting and catching at all these things;
he would not scorn and despise the senatorial body to such a degree, as
to procure a man to be selected out of the senate at his will to be made
a criminal of, who should plead his cause before him, while he in the meantime
was preparing whatever he had need of. And what the circumstances are on which he founds his hopes, and what hopes
he builds on them, and what he is fixing his mind on. I see clearly. But
how he can have the confidence to think that he can effect anything with
the present praetor, and the present bench of Judges, I cannot conceive.
This one thing I know, which the Roman people perceived too when he rejected
the judges, that his hopes were of that nature that he placed all his expectations
of safety in his money; and that if this protection were taken from him,
he thought nothing would be any help to him.
4. In truth, what genius is there so powerful, what faculty of speaking,
what eloquence so mighty, as to be in any particular able to defend the
life of that man, convicted as it is of so many vices and crimes, and long
since condemned by the inclinations and private sentiments of every one?
And, to say nothing of the stains and disgraces of his youth, what other
remarkable event is there in his quaestorship, that first step to honor,
except that Cnaeus Carbo was robbed by his quaestor of the public money?
that the consul was plundered and betrayed? his army deserted? his province
abandoned? the holy nature and obligations imposed on him by lot violated?—whose
lieutenancy was the ruin of all Asia and Pamphylia, in which provinces
he plundered many houses, very many cities, all the shrines and temples;
when he renewed and repeated against Cnaeus Dolabella his ancient wicked
tricks when he had been quaestor, and did not only in his danger desert,
but even attack and betray the man to whom he had been lieutenant, and
proquaestor, and whom he had brought into odium by his crimes;—whose only
praetorship was the destruction of the sacred temples and the public works,
and, as to his legal decisions, was the adjudging and awarding of property
contrary to all established rules and precedents.
But now he has established great and numerous monuments and proofs of all
his vices in the province of Sicily, which he for three years so harassed
and ruined that it can by no possibility be restored to its former condition,
and appears scarcely able to be at all recovered after a long series of
years, and a long succession of virtuous praetors. While this man was praetor
the Sicilians enjoyed neither their own laws, nor the degrees of our senate,
nor the common rights of every nation. Every one in Sicily has only so
much left as either escaped the notice or was disregarded by the satiety
of that most avaricious and licentious man.
5. No legal decision for three years was given on any other ground but his will; no property was so secure to any man,
even if it had descended to him from his father and grandfather, but he was deprived of it at his command; enormous sums of money
were exacted from the property of the cultivators of the soil by a new and nefarious system. The most faithful of the allies were
classed in the number of enemies. Roman citizens were tortured and put to death like slaves; the greatest criminals were acquitted
in the courts of justice through bribery; the most upright and honorable men, being prosecuted while absent, were condemned and
banished without being heard in their own defense; the most fortified harbors, the greatest and strongest cities, were laid open
to pirates and robbers; the sailors and soldiers of the Sicilians, our own allies and friends, died of hunger; the best built fleets
on the most important stations were lost and destroyed, to the great disgrace of the Roman people.
This same man while praetor plundered and stripped those most ancient monuments,
some erected by wealthy monarchs and intended by them as ornaments for
their cities; some, too, the work of our own generals, which they either
gave or restored as conquerors to the different states in Sicily. And he
did this not only in the case of public statues and ornaments, but he also
plundered all the temples consecrated in the deepest religious feelings
of the people. He did not leave, in short, one god to the Sicilians which
appeared to him to be made in a tolerably workmanlike manner, and with
any of the skill of the ancients.
I am prevented by actual shame from speaking of his nefarious licentiousness
as shown in rapes and other such enormities; and I am unwilling also to
increase the distress of those men who have been unable to preserve their
children and their wives unpolluted by his wanton lust. But, you will say,
these things were done by him in such a manner as not to be notorious to
all men. I think there is no man who has heard his name who cannot also
relate wicked actions of his; so that I ought rather to be afraid of being
thought to omit many of his crimes, than to invent any charges against
him. And indeed I do not think that this multitude which has collected
to listen to me wishes so much to learn of me what the facts of the case
are, as to go over it with me, refreshing its recollection of what it knows
already.
6. And as this is the case, that senseless and profligate man attempts
to combat me in another manner. He does not seek to oppose the eloquence
of any one also to me, he does not rely on the popularity, or influence,
or authority of any one. He pretends that he trusts to these things; but
I see what he is really aiming at; (and indeed he is not acting with any
concealment.) He sets before me empty titles of nobility, that is to say
the names of arrogant men, who do not hinder me so much by being noble,
as assist me by being notorious,—he pretends to rely on their protection;
when he has in reality been contriving something else this long time. What
hope he now has, and what he is endeavoring to do, I will now briefly explain
to you, O judges.
But first of all, remark, I beg you, how the matter has been arranged by him from the beginning. When he first returned from the province, he endeavored to get rid of this prosecution by corrupting the judges at a great expense; and this object he continued to keep in view till the conclusion of the appointment of the judges. After the judges were appointed—because in drawing lots for them the fortune of the Roman people had defeated his hopes, and because in rejecting some, my diligence had defeated his impudence—the whole attempt at bribery was abandoned. The affair was going on admirably; lists of your names and of the whole tribunal were in every one's hands. It did not seem possible to mark the votes [This refers to the way in which Hortensius had once marked the judges
whom he had bribed, as is mentioned in the speech against Caecilius.] of these men with any distinguishing mark or color or spot of dirt; and that fellow, from having been brisk and in high spirits, became on a sudden so downcast and humbled, that he seemed to be condemned not only by the Roman people but even by himself. But lo! all of a sudden, within these few days, since the consular comitia [The comitia centuriata for the election of consuls for the succeeding year were held on the 26th of July.] have taken place, he has gone back to his original plan with more money, and the same plots are now laid against your reputation and against the fortunes of every one, by the instrumentality of the same people; which fact at first, O judges, was pointed out to me by a very slight hint and indication; but afterwards, when my suspicions were once aroused, I arrived at the knowledge of all the most secret counsels of that party without any mistake.
7. For as Hortensius the consul elect was being attended home again from the Campus by a great concourse and multitude of people, Caius Curio fell in with that multitude by chance,—a man whom I wish to name by way of honor rather than of disparagement. I will tell you what, if he had been unwilling to have it mentioned, he would not have spoken of in so large an assembly so openly and undisguisedly; which, however, shall be mentioned by me deliberately and cautiously, that it may be seen that I pay due regard to our friendship and to his dignity. He sees Verres in the crowd by the arch of Fabius [This arch had been erected to commemorate the victory obtained by Fabius over the Allobroges; and it was erected in the Via Sacra, as Cicero mentions in his speech Pro Plancio.]; he speaks to the man, and with a loud voice congratulates him on his
victory. He does not say a word to Hortensius himself, who had been made
consul, or to his friends and relations who were present attending on him;
but he stops to speak to this man, embraces him, and bids him cast off
all anxiety. "I give you notice," said he, "that you have
been acquitted by this day's comitia." And as many most honorable
men heard this, it is immediately reported to me; indeed, every one who
saw me mentioned it to me the first thing.
To some it appeared scandalous, to others ridiculous; ridiculous to those
who thought that this cause depended on the credibility of the witnesses,
on the importance of the charges, and on the power of the judges, and not
on the consular comitia; scandalous to those who looked deeper, and who
thought that this congratulation had reference to the corruption of the
judge. In truth, they argued in this manner—the most honorable men spoke
to one another and to me in this manner—that there were now manifestly
and undeniably no courts of justice at all. The very criminal who the day
before thought that he was already condemned, is acquitted now that his
defender has been made consul. What are we to think then? Will it avail
nothing that all Sicily, all the Sicilians, that all the merchants who
have business in that country, that all public and private documents are
now at Rome? Nothing, if the consul elect wills it otherwise. What! will
not the judges be influenced by the accusation, by the evidence, by the
universal opinion of the Roman people? No. Everything will be governed
by the power and authority of one man.
8. I will speak the truth, O judges. This thing agitated me greatly; for every good man was speaking in this way—"That fellow will be taken out of your hands; but we shall not preserve our judicial authority much longer; for who, when Verres is acquitted, will be able to make any objection to transferring it from us?" It was a grievous thing to every one, and the sudden elation of that profligate man did not weigh with them as much as that fresh congratulation of a very honorable one. I wished to dissemble my own vexation at it; I wished to conceal my own grief of mind under a cheerful countenance, and to bury it in silence. But lo! on the very days when the praetors elected were dividing their duties by lot, and when it fell to the share of Marcus Metellus to hold trials concerning extortion, information is given me that that fellow was receiving such congratulations, that he also sent men home to announce it to his wife. And this too in truth displeased me; and yet I was not quite aware what I had so much to fear from this allotment of the praetor's duties.
But I ascertained this one thing from trustworthy men from whom I received all my intelligence; that many chests full of Sicilian money had been sent by some senator to a Roman knight, and that of these about ten chests had been left at that senator's house, with the statement that they were left to be used in the comitia when I expected to be elected aedile, and that men to distribute this money among all the tribes had been summoned to attend him by night. Of whom one, who thought himself under the greatest obligations to me, came to me that same night; reports to me the speech which that fellow had addressed to them; that he had reminded them how liberally he had treated them formerly when he was candidate for the praetorship, and at the last consular and praetorian comitia; and in the second place that he had promised them immediately whatever money they required, if they could procure my rejection from the aedileship. That on this some of them said that they did not dare attempt it; that others answered that they did not think it could be managed; but that one bold friend was found, a man of the same family as himself, Quintus Verres, of the Romilian tribe, of the most perfect school of bribers, the pupil and friend of Verres' father, who promised that, if five hundred thousand sesterces were provided, he would manage it; and that there were some others who said that they would cooperate with him. And as this was the case, he warned me beforehand with a friendly disposition, to take great care.
9. I was disquieted about many most important matters at one and the same
moment, and with very little time to deliberate. The comitia were at hand;
and at them I was to be opposed at immense expenditure of money. This trial
was at hand; the Sicilian treasurers menaced that matter also. I was afraid,
from apprehension about the comitia, to conduct the matters relating to
the trial with freedom; and because of the trial, I was unable to attend
with all my heart to my canvass. Threatening the agents of bribery was
out of the question, because I saw that they were aware that I was hampered
and fettered by this trial. And at this same moment I hear that notice has been given to the Sicilians by Hortensius to come to speak to him at his house; that the Sicilians behaved in that matter with a proper sense of their own liberty, and, when they understood on what account they were sent for, they would not go. In the meantime my comitia began to be held; of which that fellow thought himself the master, as he had been of all the other comitia this year. He began to run about, that influential man, with his son, a youth of engaging and popular manners, among the tribes. The son began to address and to call on all the friends of his father, that is to say, all his agents for bribery; and when this was noticed and perceived, the Roman people took care with the most earnest goodwill that I should not be deprived of my honor through the money of that man, whose riches had not been able to make me violate my good faith.
After that I was released from that great anxiety about my canvass, I began,
with a mind much more unoccupied and much more at ease, to think of nothing
and to do nothing except what related to this trial. I find, O judges,
these plans formed and begun to be put in execution by them, to protract
the matter, whatever steps it might be necessary to take in order to do
so, so that the cause might be pleaded before Marcus Metellus as praetor.
That by doing so they would have these advantages; firstly, that Marcus
Metellus was most friendly to them; secondly, that not only would Hortensius
be consul, but Quintus Metellus also: and listen while I show you how great
a friend he is to them. For he gave him a token of his goodwill of such
a sort, that he seemed to be giving it as a return for the suffrages ["The order in which the centuries voted was decided by lot, and that
which gave its vote first was called centuria praerogativa."—Smith, Dict. Ant. p.
274, v. Comitia.] of the tribes which he had scoured to him. Did you think that I
would say nothing of such serious matters as these? and that, at a crisis of
such danger to the republic and my own character, I would consult anything
rather than my duty and my dignity? The other consul elect sent for the
Sicilians; some came, because Lucius Metellus was praetor in Sicily. To them he
speaks in this manner: that he is the consul; that one of his brothers has
Sicily for his province; that the other is to be judge in all prosecutions for
extortion; and that care had been taken in many ways that there should be no
possibility of Verres being injured.
10. I ask you, Metellus, what is corrupting the course of justice, if this
is not,—to seek to frighten witnesses, and especially Sicilians, timid
and oppressed men, not only by your own private influence, but by their
fear of the consul, and by the power of two praetors? What would you do
for an innocent man or for a relation, when for the sake of a most guilty
man, entirely unconnected with you, you depart from your duty and your
dignity, and allow what he is constantly saying to appear true to any one
who is not acquainted with you? For they said that Verres said, that you
had not been made consul by destiny, as the rest of your family had been,
but by his assistance. Two consuls, therefore, and the judge are to be
such because of his will. We shall not only, says he, avoid having a man
too scrupulous in investigating, too subservient to the opinion of the
people, Marcus Glabrio, but we shall have this advantage also:—Marcus Caesonius
is the judge, the colleague of our accuser a man of tried and proved experience
in the decision of actions. It will never do for us to have such a man
as that on the bench, which we are endeavoring to corrupt by some means
or other; for before, when he was one of the Judges on the tribunal of
which Junius [Caesonius was now aedile elect with Cicero.] was president, he was not only very indignant at that shameful transaction,
but he even betrayed and denounced it.
After the first of January we shall not have this man for our judge,—we
shall not have Quintus Manlius and Quintus Cornificius, two most severe
and upright judges, for judges, because they will then be tribunes of the
people. Publius Sulpicius, a solemn and upright judge, must enter on his
magistracy on the fifth of November. Marcus Crepereius, of that renowned
equestrian family and of that incorruptible character; Lucius Cassius,
of a family renowned for its severity in all things, and especially as
judges; Cnaeus Tremellius, a man of the greatest scrupulousness and diligence;—these
three men of ancient strictness of principle are all military tribunes
elect. After the first of January they will not be able to act as judges.
And besides this, we elect by lot a successor in the room of Marcus Metellus,
since he is to preside over this very trial. And so after the first of
January, the praetor, and almost the whole bench of judges being changed,
we shall elude the terrible threats of the prosecutor, and the great expectations
entertained of this trial, and manage it according to our own will and
pleasure.
Today is the fifth of August. You began to assemble at the ninth hour.
This day they do not even count. There are ten days between this and the
votive games which Cnaeus Pompeius is going to celebrate. These games will
take up fifteen days; then immediately the Roman games will follow. And
so, when nearly forty days have intervened, then at length they think they
shall have to answer what has been said by us; and they think that, what
with speeches, and what with excuses, they will easily be able to protract
the cause till the period of the games of Victory. With these the plebeian
games are connected, after which there will be either no day at all, or
very few for pleading in. And so, when the accusation has got stale and
cold, the matter will come all fresh before Marcus Metellus as praetor.
And if I had distrusted his good faith, I should not have retained him
as a judge. But now I have such an opinion of him, that I would rather
this matter was brought to a close while he is judge than while he is praetor;
and I would rather entrust to him his own tablet while he is on his oath,
than the tablets of others when he is restrained by no such obligation.
11. Now, O judges, I consult you as to what you think I ought to do. For
you will, in truth, without speaking, give me that advice which I understand
that I must inevitably adopt. If I occupy the time which I legitimately
might in speaking, I shall reap the fruit of my labor, industry, and diligence;
and by this prosecution I shall make it manifest that no one in the memory
of man appears ever to have come before a court of justice better prepared,
more vigilant, or with his cause better got up. But while I am getting
this credit for my industry, there is great danger lest the criminal may
escape. What, then, is there which can be done? I think it is neither obscure
nor hidden. I will reserve for another time that fruit of praise which
may be derived from a long uninterrupted speech.
At present I must support this accusation by documentary evidence, by witnesses,
by letters of private individuals and of public bodies, and by various
other kinds of proof. The whole of this contest is between you and me,
O Hortensius. I will speak openly. If I thought that you were contending
with me in the matter of speaking, and of getting rid of the charges I
bring against your client in this cause, I, too, would devote much pains
to mounting an elaborate accusation, and to dilating on my charges. Now,
since you have determined to contend against me with artifice, not so much
in obedience to the promptings of your own nature, as from consulting his
occasions and his cause, it is necessary for me to oppose conduct of that
sort with prudence. Your plan is, to begin to answer me after two sets
of games have been celebrated; mine is to have the adjournment [The Latin is ut comperindinem.] over before the first series. And the result will be, that that plan of yours will be thought crafty, but this determination of mine necessary.
12. But as for what I had begun to say,—namely, that the contest is between
you and me, this is it,—I, when I had undertaken this cause at the request
of the Sicilians, and had thought it a very honorable and glorious thing
for me that they were willing to make experiment of my integrity and diligence,
who already knew by experience my innocence and temperance: then, when
I had undertaken this business, I proposed to myself some greater action
also by which the Roman people should be able to see my goodwill towards
the republic. For that seemed to me to be by no means worthy of my industry
and efforts, for that man to be brought to trial by me who had been already
condemned by the judgment of all men, unless that intolerable influence
of yours, and that grasping nature which you have displayed for some years
in many trials, was interposed also in the case of that desperate man.
But no, since all this dominion and sovereignty of yours over the courts
of justice delights you so much, and since there are some men who are neither
ashamed of their licentiousness and their infamy, nor weary of it, and
who, as if on purpose, seem to wish to encounter hatred and unpopularity
from the Roman people, I profess that I have undertaken this,—a great burden
perhaps, and one dangerous to myself, but still worthy of my applying myself
to it with all the vigor of my age, and all diligence.
And since the whole order of the senate is weighed down by the discredit brought on it by the wickedness and audacity of a few, and is overwhelmed by the infamy of the tribunals, I profess myself an enemy to this race of men, an accuser worthy of their hatred, a persevering, a bitter adversary. I arrogate this to myself, I claim this for myself, and I will carry out this enmity in my magistracy, and from that post in which the Roman people has willed that from the next first of January I shall act in concert with it in matters concerning the republic, and concerning wicked men. I promise the Roman people that this shall be the most honorable and the fairest employment of my aedileship. I warn, I forewarn, I give notice beforehand to those men who are wont either to put money down, to undertake for others, to receive money, or to promise money, or to act as agents in bribery, or as go-betweens in corrupting the seat of judgment, and who have promised their influence or their impudence in aid of such a business, in this trial to keep their hands and inclinations from this nefarious wickedness.
13. Hortensius will then be consul with the chief command and authority,
but I shall be aedile—that is, I shall be a little more than a private
individual; and yet this business, which I promise that I am going to advocate,
is of such a nature, so pleasing and agreeable to the Roman people, that
the consul himself will appear in this cause, if that be possible, even
less than a private individual in comparison of me. All those things shall
not only be mentioned, but even, where certain matters have been explained,
shall be fully discussed, which for the last ten years, ever since the
office of the judge has been transferred to the senate, has been nefariously
and wickedly done in the decision of judicial matters.
The Roman people shall know from me why it is that when the equestrian body supplied the judges for nearly fifty years together, not even the slightest suspicion ever arose of bribes having been accepted for the purpose of influencing a decision; why it is, I say, when the judicial authority was transferred to the senatorial body, and the power [that is to say, when the power of appealing to the tribunes of the people was taken away] of the Roman people over every one of us was taken away, Quintus Calidius, when he was condemned, said that a man of praetorian rank could not honestly be condemned at a less price than three hundred thousand sesterces; why it is that when Publius Septimius, a senator, was condemned for extortion, when Quintus Hortensius was praetor, damages were assessed against him, including money which he had received as judge to decide causes which came before him; why it is, that in the case of Caius Herennius, and in that of Caius Popillius, senators, both of whom were convicted of peculation—why it is, that in the case of Marcus Atilius, who was convicted of treason—this was made plain,—that they had all received money for the purpose of influencing their judicial decisions; why it is, that senators have been found who, when Caius Verres, as praetor of the city, gave out the lots, voted against the criminal whom they were condemning without having inquired into his case; why it is, that a senator was found who, when he was judge, took money in one and the same trial both from the defendant to distribute among the judges, and from the accuser to condemn the defendant. But how shall I adequately complain of that stain, that disgrace, that calamity of the whole senatorial order,—that this thing actually happened in the city while the senatorial order furnished the judges, that the votes of men on their oaths were marked by colored tablets? I pledge myself that I will urge all these things with diligence and with strictness.
14. And what do you suppose will be my thoughts, if I find in this very trial any violation of the laws committed in any similar manner? especially when I can prove by many witnesses that Caius Verres often said in Sicily, in the hearing of many persons, "that he had a powerful friend, in confidence in whom he was plundering the province; and that he was not seeking money for himself alone, but that he had so distributed the three years of his Sicilian praetorship, that he should say he did exceedingly well, if he appropriated the gains of one year to the augmentation of his own property, those of the second year to his patrons and defenders, and reserved the whole of the third year, the most productive and gainful of all, for the judges." From which it came into my mind to say that which, when I had said lately before Marcus Glabrio at the time of striking the list of judges, I perceived the Roman people greatly moved by; that I thought that foreign nations would send ambassadors to the Roman people to procure the abrogation of the law, and of all trials, about extortion; for if there were no trials, they think that each man would only plunder them of as much as he would think sufficient for himself and his children; but now, because there are trials of that sort, every one carries off as much as it will take to satisfy himself, his patrons, his advocates, the praetor, and the judges; and that this is an enormous sum; that they may be able to satisfy the cupidity of one most avaricious man, but are quite unable to incur the expense of his most guilty victory over the laws.
O trials worthy of being recorded! O splendid reputation of our order! when the allies of the Roman people are unwilling that trials for extortion should take place, which were instituted by our ancestors for the sake of the allies. Would that man ever have had a favorable hope of his own safety, if he had not conceived in his mind a bad opinion of you? on which account, he ought, if possible, to be still more hated by you than he is by the Roman people, because he considers you like himself in avarice and wickedness and perjury.
15. And I beg you, in the name of the immortal gods, O judges, think of
and guard against this; I warn you, I give notice to you, of what I am
well assured, that this most seasonable opportunity has been given to you
by the favor of the gods, for the purpose of delivering your whole order
from hatred, from unpopularity, from infamy, and from disgrace. There is
no severity believed to exist ill the tribunals, nor any scruples with
regard to religion; in short, there are not believed to be any tribunals
at all. Therefore we are despised and scorned by the Roman people; we are
branded with a heavy and now a long standing infamy. Nor, in fact, is there
any other reason for which the Roman people has with so much earnestness
sought the restoration of the tribunician power: but when it was demanding
that in words, it seemed to be asking for that, but in reality it was asking
for tribunes which it could trust.
And this did not escape the notice of Quintus Catulus, a most sagacious
and honorable man, who, when Cnaeus Pompeius, a most gallant and illustrious
man, made a motion about the tribunitian power, and when he was asked his
opinion, begin his speech in this manner, speaking with the greatest authority,
"that the conscript fathers presided over the courts of justice badly
and wickedly; but if in deciding judicial trials they had been willing
to satisfy the expectations of the Roman people, men would not so greatly
regret the tribunitian power?" Lastly, when Cnaeus Pompeius himself,
when first he delivered an address to the people as consul elect, mentioned
(what seemed above all things to be watched for) that he would restore
the power of the tribunes, a great shout was raised at his words, and a
grateful murmur pervaded the assembly. And when he had said also in the
same assembly "that the provinces were depopulated and tyrannized
over, that the courts of justice were become base and wicked, and that
he desired to provide for and to remedy that evil," the Roman people
then signified their good will, not with a shout, but with a universal
uproar.
16. But now men are on the watch towers; they observe how every one of
you behaves himself in respecting religion and in preserving the laws.
They see that, ever since the passing of the law for restoring the power
of the tribunes, only one senator, and he too a very insignificant one
[The senator was Dolabella], has been condemned. And though they do nor blame this, yet they have
nothing which they can very much commend. For there is no credit in being
upright in a case where there is no one who is either able or who endeavors
to corrupt one. This is a trial in which you will be deciding about the
defendant, the Roman people about you;—by the example of what happens to
this man it will be determined whether, when senators are the judges, a
very guilty and a very rich man can be condemned. Moreover, he is a criminal
of such a sort, that there is absolutely nothing whatever in him except
the greatest crimes, and excessive riches; so that if he be acquitted,
no other opinion can be formed of the matter except that which is the most
discreditable possible. Such numerous and enormous vices as his will not
be considered to have been canceled by influence, by family connection,
by some things which may have been done well, or even by the minor vices
of flattery and subservience.
In short, I will conduct the cause in this manner; I will bring forward
things of such a sort, so well known, so proved by evidence, so important,
and so undeniable, that no one shall venture to use his influence to obtain
from you the acquittal of that man; for I have a sure path and method by
which I can investigate and become acquainted with all their endeavors.
The matter will be so managed by me that not only the ears but even the
eyes of the Roman people shall seem to be present at all their counsels.
You have in your power to remove and to eradicate the disgrace and infamy
which has now for many years attached to your order. It is evident to all
men, that since these tribunals have been established which we now have,
there has never been a bench of judges of the same splendor and dignity
as this. If anything is done wrongly in this case, all men will think not
that other more capable judges should be appointed of the same order of
men, which is not possible; but that another order must be sought for,
from which to select the judges for the future.
17. On which account, in the first place, I beg this of the immortal gods,
which I seem to myself to have hopes of too, that in this trial no one
may be found to be wicked except him who has long since been found to be
such; secondly, if there are many wicked men, I promise this to you, O
judges, I promise this to the Roman people, that my life shall fail rather
than my vigor and perseverance in prosecuting their iniquity. But that
iniquity, which, if it should be committed, I promise to prosecute severely,
with however much trouble and danger to myself, and whatever enmities I
may bring on myself by so doing, you, O Marcus Glabrio, can guard against
ever taking place by your wisdom, and authority, and diligence. Do you
undertake the cause of the tribunals. Do you undertake the cause of impartiality,
of integrity, of good faith and of religion. Do you undertake the cause
of the senate; that, being proved worthy by its conduct in this trial,
it may come into favor and popularity with the Roman people. Think who
you are, and in what a situation you are placed; what you ought to give
to the Roman people, what you ought to repay to your ancestors. Let the
recollection of the Acilian [The Lex Acilia was carried by Marcus Acilius Glabrio, the father of this Glabrio, when tribune of the people; it abridged the proceedings in trials for extortion, and did not allow of the adjournment and delays which were permitted by previously existing laws.] law passed by your father occur to your mind, owing to which law the Roman
people has had this advantage of most admirable decisions and very strict
judges in cases of extortion.
High authorities surround you which will not suffer you to forget your
family credit; which will remind you day and night that your father was
a most brave man, your grandfather a most wise one, and your father-in-law
a most worthy man. Wherefore, if you have inherited the vigor and energy
of your father Glabrio in resisting audacious men; if you have inherited
the prudence of your grandfather Scaevola in foreseeing intrigues which
are prepared against your fame and that of your fellow-judges; if you have
any share of the constancy of your father-in-law Scaurus, so that no one
can move you from your genuine and deliberate opinion, the Roman people
will understand that with an upright and honorable praetor, and a carefully
selected bench of judges, abundance of wealth has more influence in bringing
a criminal into suspicion, than in contributing to his safety.
18. I am resolved not to permit the praetor or the judges to be hanged
in this cause. I will not permit the matter to be delayed till the lictors
of the consuls can go and summon the Sicilians, whom the servants of the
consuls elect did not influence before, when by an unprecedented course
of proceeding they sent for them all; I will not permit those miserable
men, formerly the allies and friends of the Roman people, now their slaves
and suppliants, to lose not only their rights and fortunes by their tyranny,
but to be deprived of even the power of bewailing their condition; I will
not, I say, when the cause has been summed up by me, permit them after
a delay of forty days has intervened, then at last to reply to me when
my accusation has already fallen into oblivion through lapse of time; I
will not permit the decision to be given when this crowd collected from
all Italy has departed from Rome, which has assembled from all quarters
at the same time on account of the comitia, of the games, and of the census.
The reward of the credit gained by your decision, or the danger arising
from the unpopularity which will accrue to you if you decide unjustly,
I think ought to belong to you; the labor and anxiety to me; the knowledge
of what is done and the recollection of what has been said by every one,
to all. I will adopt this course, not an unprecedented one, but one that
has been adopted before, by those who are now the chief men of our state,—the
course, I mean, of at once producing the witnesses.
What you will find novel, O judges, is this, that I will so marshal my
witnesses as to unfold the whole of my accusation; that when I have established
it by examining my witnesses, by arguments, and by my speech, then I shall
show the agreement of the evidence with my accusation: so that there shall
be no difference between the established mode of prosecuting, and this
new one, except that, according to the established mode, when everything
has been said which is to be said, then the witnesses are produced; here
they shall be produced as each count is brought forward; so that the other
side shall have the same opportunity of examining them, of arguing and
making speeches or their evidence. If there be any one who prefers an uninterrupted
speech and the old mode of conducting a prosecution without any break,
he shall have it in some other trial. But for this time let him understand
that what we do is done by us on compulsion, (for we only do it with the
design of opposing the artifice of the opposite party by our prudence.)
This will be the first part of the prosecution. We say that Caius Verres
has not only done many licentious acts, many cruel ones, towards Roman
citizens, and towards some of the allies, many wicked acts against both
gods and men; but especially that he has taken away four hundred thousand
sesterces out of Sicily contrary to the laws. We will make this so plain
to you by witnesses, by private documents, and by public records that you
shall decide that, even if we had abundant space and leisure days for making
a long speech without any inconvenience, still there was no need at all
of a long speech in this matter.
Second pleading
Book 1
1. I think that no one of you, O judges, is ignorant that for these many
days the discourse of the populace, and the opinion of the Roman people,
has been that Caius Verres would not appear a second time before the bench
to reply to my charges, and would not again present himself in court; And
this idea had not got about merely because he had deliberately determined
and resolved not to appear, but because no one believed that any one would
be so audacious, so frantic, and so impudent, as, after having been convicted
of such nefarious crimes, and by so many witnesses, to venture to present
himself to the eyes of the judges, or to show his face to the Roman people.
But he is the same Verres that he always was; as he was abandoned enough
to dare, so he is hardened enough to listen to anything. He is present;
he replies to us; he makes his defense. He does not even leave himself
this much of character, to be supposed, by being silent and keeping out
of the way when he is so visibly convicted of the most infamous conduct,
to have sought for a modest escape for his impudence. I can endure this,
O judges, and I am not vexed that I am to receive the reward of my labors,
and you the reward of your virtue. For if he had done what he at first
determined to, that is, had not appeared, it would have been somewhat less
known than is desirable for me what pains I had taken in preparing and
arranging this prosecution: and your praise, O judges, would have been
exceedingly slight and little heard of. For this is not what
the Roman people is expecting from you, nor what it can be contented
with,—namely, for a man to be condemned who refuses to appear, and for you to
act with resolution in the case of a man whom nobody has dared to defend. Aye,
let him appear, let him reply; let him be defended with the utmost influence and
the utmost zeal of the most powerful men, let my diligence have to contend with
the covetousness of all of them, your integrity with his riches, the consistency
of the witnesses with the threats and power of his patrons. Then indeed those
things will be seen to be overcome when they have come to the contest and to the
struggle. But if he had been condemned in his absence, he would have appeared
not so much to have consulted his own advantage as to have grudged you your
credit.
2. For neither can there be any greater safety for the republic imagined
at this time, than for the Roman people to understand that, if all unworthy
judges are carefully rejected by the accusers, the allies, the laws, and
the republic can be thoroughly defended by a bench of judges chosen from
the senators; nor can any such injury to the fortunes of all happen, as
for all regard for truth, for integrity, for good faith, and for religion
to be, in the opinion of the Roman people, cast aside by the senatorial
body. And therefore, I seem to myself, O judges, to have undertaken to
uphold an important, and very failing, and almost neglected part of the
republic, and by so doing to be acting not more for the benefit of my own
reputation than of yours. For I have come forward to diminish the unpopularity
of the courts of justice, and to remove the reproaches which are levelled
at them; in order that, when this cause has been decided according to the
wish of the Roman people, the authority of the courts of justice may appear
to have been re-established in some degree by my diligence; and in order
that this matter may be so decided that an end may be put at length to
the controversy about the tribunals; and, indeed, beyond all question, O judges, that matter depends on
your decision in this cause. For the criminal is most guilty. And if he be
condemned, men will cease to say that money is all powerful with the present
tribunal; but if he be acquitted we shall cease to be able to make any objection
to transferring the tribunal to another body. Although that fellow has not in
reality any hope, nor the Roman people any fear of his acquittal, there are some
men who do marvel at his singular impudence in being present, in replying to the
accusations brought against him; but to me even this does not appear marvellous
in comparison with his other actions of audacity and madness. For he has done
many impious and nefarious actions both against gods and men; by the punishment
for which crimes he is now disquieted and driven out of his mind and out of his
senses.
3. The punishments of Roman citizens are driving him mad, some of whom
he has delivered to the executioner, others he has put to death in prison,
others he has crucified while demanding their rights as freemen and as
Roman citizens. The gods of his fathers are hurrying him away to punishment,
because he alone has been found to lead to execution sons torn from the
embraces of their fathers, and to demand of parents payment for leave to
bury their sons. The reverence due to, and the holy ceremonies practiced
in, every shrine and every temple—but all violated by him; and the images
of the gods, which have not only been taken away from their temples, but
which are even lying in darkness, having been cast aside and thrown away
by him—do not allow his mind to rest free from frenzy and madness. Nor
does he appear to me merely to offer himself to condemnation, nor to be
content with the common punishment of avarice, when he has involved himself
in so many atrocities; his savage and monstrous nature wishes for some
extraordinary punishment. It is not alone demanded that, by his condemnation,
their property may be restored to those from whom it has been taken away;
but the insults offered to the religion of the immortal gods must be expiated,
and the tortures of Roman citizens, and the blood of many innocent men,
must be atoned for by that man's punishment. For we have brought before
your tribunal not only a thief, but a wholesale robber; not only an adulterer,
but a ravisher of chastity; not only a sacrilegious man, but an open enemy
to all sacred things and all religion; not only an assassin, but a most
barbarous murderer of both citizens and allies; so that I think him the
only criminal in the memory of man so atrocious, that it is even for his
own good to be condemned.
4. For who is there who does not see this, that though he be acquitted, against the will of gods and men, yet that he cannot possibly be taken out of the hands of the Roman people? Who does not see that it would be an excellent thing for us in that case, if the Roman people were content with the punishment of that one criminal alone, and did not decide that he had not committed any greater wickedness against them when he plundered temples, when he murdered so many innocent men, when he destroyed Roman citizens by execution, by torture, by the cross,—when he released leaders of banditti for bribes,—than they, who, when on their oaths, acquitted a man covered with so many, with such enormous, with such unspeakable wickednesses? There is, there is, O judges, no room for any one to err in respect of this man. He is not such a criminal, this is not such a time, this is not such a tribunal, (I fear to seem to say anything too arrogant before such men,) even the advocate is not such a man, that a criminal so guilty, so abandoned, so plainly convicted, can be either stealthily or openly snatched out of his hands with impunity.
When such men as these are judges, shall I not be able to prove that Caius
Verres has taken bribes contrary to the laws? Will such men venture to
assert that they have not believed so many senators, so many Roman knights,
so many cities, so many men of the highest honor from so illustrious a
province, so many letters of whole nations and of private individuals?
that they have resisted so general a wish of the Roman people? Let them
venture. We will find, if we are able to bring that fellow alive before
another tribunal, men to whom we can prove that he in his quaestorship
embezzled the public money which was given to Cnaeus Carbo the consul;
men whom we can persuade that he got money under false pretenses from the
quaestors of the city, as you have learnt in my former pleadings. There
will be some men, too, who will blame his boldness in having released some
of the contractors from supplying the corn due to the public, when they
could make it for his own interest. There will even, perhaps, be some men
who will think that robbery of his most especially to be punished, when
he did not hesitate to carry off out of the most holy temples and out of
the cities of our allies and friends, the monuments of Marcus Marcellus
and of Publius Africanus, which in name indeed belonged to them, but in
reality both belonged and were always considered to belong to the Roman
people.
5. Suppose he has escaped from the court about peculation. Let him think of the generals of the enemy, for whose release he has accepted bribes; let him consider what answer he can make about those men whom he has left in his own house to substitute in their places [This refers to the following act of Verres:—A single pirate ship had been
taken by his lieutenant; the captain bribed Verres to save his life, but
the people were impatient for the execution of him and his chief officers.
Verres, who had in his dungeons many Roman citizens who had offended him,
muffled up their faces, so that they could not speak and could not be recognized,
and produced them on the scaffold, and put them to death as the pirates
for whose execution the people were clamoring.]; let him consider not only how he can get over our accusation, but also
how he can remedy his own confession. Let him recollect that, in the former
pleadings, being excited by the adverse and hostile shouts of the Roman
people, he confessed that he had not caused the leaders of the pirates
to be executed; and that he was afraid even then that it would be imputed
to him that he had released them for money. Let him confess that, which
cannot be denied, that he, as a private individual, kept the leaders of
the pirates alive and unhurt in his own house, after he had returned to
Rome, as long as he could do so for me. If in the case of such a prosecution
for treason it was lawful for him to do so, I will admit that it was proper.
Suppose he escapes from this accusation also; I will proceed to that point
to which the Roman people has long been inviting me. For it thinks that
the decision concerning the rights to freedom and to citizenship belong
to itself; and it thinks rightly. Let that fellow, forsooth, break down
with his evidence the intentions of the senators--let him force his way
through the questions of all men—let him make his escape from your severity;
believe me, he will be held by much tighter chains in the hands of the
Roman people. The Roman people will give credit to those Roman knights
who, when they were produced as witnesses before you originally, said that
a Roman citizen, one who was offering honorable men as his bail, was crucified
by him in their sight.
The whole of the thirty-five tribes will believe a most honorable and accomplished man, Marcus Annius, who said, that when he was present, a Roman citizen perished by the hand of the executioner. That most admirable man Lucius Flavius, a Roman knight, will be listened to by the Roman people, who gave in evidence that his intimate friend Herennius, a merchant from Africa, though more than a hundred Roman citizens at Syracuse knew him, and defended him in tears, was put to death by the executioner. Lucius Suetius, a man endowed with every accomplishment, speaks to them with an honesty and authority and conscientious veracity which they must trust; and he said on his oath before you that many Roman citizens had been most cruelly put to death, with every circumstance of violence, in his stone-quarries. When I am conducting this cause for the sake of the Roman people from this rostrum, I have no fear that either any violence can be able to save him from the votes of the Roman people, or that any labor undertaken by me in my aedileship can be considered more honorable or more acceptable by the Roman people.
6. Let, therefore, every one at this trial attempt everything. There is
no mistake now which any one can make in this cause, O judges, which will
not be made at your risk. My own line of conduct, as it is already known
to you in what is past, is also provided for, and resolved on, in what
is to come. I displayed my zeal for the republic at that time, when, after
a long interval, I reintroduced the old custom, and at the request of the
allies and friends of the Roman people, who were, however, my own most
intimate connections, prosecuted a most audacious man. And this action
of mine most virtuous and accomplished men (in which number many of you
were) approved of to such a degree, that they refused the man who had been
his quaestor, and who, having been offended by him, wished to prosecute
his own quarrel against him, leave not only to prosecute the man himself,
but even back the accusation against him, when he himself begged to do
so.
I went into Sicily for the sake of inquiring into the business, in which
occupation the celerity of my return showed my industry; the multitude
of documents and witnesses which I brought with me declared my diligence;
and I further showed my moderation and scrupulousness, in that when I had
arrived as a senator among the allies of the Roman people, having been
quaestor in that province, I, though the defender of the common cause of
them all, lodged rather with my own hereditary friends and connections,
than those who had sought that assistance from me. My arrival was no trouble
nor expense to any one, either publicly or privately. I used in the inquiry
just as much power as the law gave me, not as much as I might have had
through the zeal of those men whom that fellow had oppressed. When I returned
to Rome from Sicily, when he and his friends, luxurious and polite men,
had disseminated reports of this sort, in order to blunt the inclinations
of the witnesses,—such as that I had been seduced by a great bribe from
proceeding with a genuine prosecution; although it did not seem probable
to any one, because the witnesses from Sicily were men who had known me
as a quaestor in the province; and as the witnesses from Rome were men
of the highest character, who knew every one of us thoroughly, just as
they themselves are known; still I had some apprehension lest any one should
have a doubt of my good faith and integrity, till we came to striking out
the objectionable judges.
7. I knew that in selecting the judges, some men, even within my own recollection,
had not avoided the suspicion of a good understanding with the opposite
party, though their industry and diligence was being proved actually in
the prosecution of them. I objected to objectionable judges in such a way
that this is plain,—that since the republic has had that constitution which
we now enjoy, no tribunal has ever existed of similar renown and dignity.
And this credit that fellow says that he shares in common with me; since
when he rejected Publius Galba as judge, he retained Marcus Lucretius;
and when, upon this, his patron asked him why he had allowed his most intimate
friends Sextus Paeduceus, Quintus Considius, and Quintus Junius, to be
objected to, he answered, because he knew them to be too much attached
to their own ideas and opinions in coming to a decision. And so when the
business of objecting to the judges was over, I hoped that you and I had
now one common task before us. I thought that my good faith and diligence
was approved of, not only by those to whom I was known, but even by strangers.
And I was not mistaken: for in the comitia for my election, when that man
was employing boundless bribery against me, the Roman people decided that
his money, which had no influence with me when put in opposition to my
own good faith, ought to have no influence with them to rob me of my honor.
On the day when you first, O judges, were summoned to this place, and sat
in judgment on this criminal, who was so hostile to your order, who was
so desirous of a new constitution, of a new tribunal and new judges, as
not to be moved at the sight of you and of your assembled body? When on the trial your dignity procured me the fruit of my diligence, I gained thus much,—that in the same hour that I began to speak, I cut off from that audacious, wealthy, extravagant, and abandoned criminal, all hope of corrupting the judges; that on the very first day, when such a number of witnesses had been brought forward, the Roman people determined that If he were acquitted, the republic would no longer exist; that the second day took away from his friends, not only all hope of victory, but even all inclination to make any defense; that the third day prostrated the man so entirely, that, pretending to be sick, he took counsel, not what reply he could make, but how he could avoid making any; and after that, on the subsequent days, he was so oppressed and overwhelmed by these accusations, by these witnesses, both from the city and from the provinces, that when these days of the games intervened, no one thought that he had procured an adjournment, but they thought that he was condemned.
8. So that, as far as I am concerned, O judges, I gained the day; for I
did not desire the spoils of Caius Verres, but the good opinion of the
Roman people. It was my business to act as accuser only if I had a good
cause. What cause was ever juster than the being appointed and selected
by as illustrious a province as its defender? To consult the welfare of
the republic;—what could be more honorable for the republic, than while
the tribunals were in such general discredit, to bring before them a man
by whose condemnation the whole order of the senate might be restored to
credit and favor with the Roman people?—to prove and convince men that
it was a guilty man who was brought to trial? Who is there of the Roman
people who did not carry away this conviction from the previous pleading,
that if all the wickednesses, thefts, and enormities of all who have ever
been condemned before were brought together into one place, they could
scarcely be likened or compared to but a small part of this man's crimes?
Judges, consider and deliberate what becomes your fame, your reputation,
and the common safety? Your eminence prevents your being able to make any
mistake without the greatest injury and danger to the republic. For the
Roman people cannot hope that there are any other men in the senate who
can judge uprightly, if you cannot. It is inevitable that, when it has
learnt to despair of the whole order, it should look for another class
of men and another system of judicial proceedings. If this seems to you
at all a trifling matter, because you think the being judges a grave and
inconvenient burden, you ought to be aware, in the first place, that it
makes a difference whether you throw off that burden yourselves, of your
own accord, or whether the power of sitting as judges is taken away from
you because you have been unable to convince the Roman people of your good
faith and scrupulous honesty. In the second place, consider this also,
with what great danger we shall come before those judges whom the Roman
people, by reason of its hatred to you, has willed shall judge concerning
you. But I will tell you, O judges, what I am sure of.
Know, then, that there are some men who are possessed with such a hatred or your order, that they now make a practice of openly saying that they are willing for that man, whom they know to be a most infamous one, to be acquitted for this one reason,—that then the honor or the judgment-seat may be taken from the senate with ignominy and disgrace. It is not my fear for your good faith, O judges, which has urged me to lay these considerations before you at some length, but the new hopes which those men are entertaining; for when those hopes had brought Verres suddenly back from the gates of the city to this court, some men suspected that his intention had not been changed so suddenly without a cause.
9. Now, in order that Hortensius may not be able to employ any new sort
of complaint, and to say that a defendant is oppressed if the accuser says
nothing about him; that nothing is so dangerous to the fortunes of an innocent
man as for his adversaries to keep silence; and in order that he may not
praise my abilities in a way which I do not like, when he says that, if
I had said much, I should have relieved him against whom I was speaking,
and that I have undone him because I said nothing,--I will comply with
his wishes, I shall employ one long unbroken speech: not because it is
necessary, but that I may try whether he will be most vexed at my having
been silent then or at my speaking now. Here you, perhaps, will take care
that I do not remit one hour of the time allowed me by law. If I do not
employ the whole time which is allowed me by law, you will complain; you
will invoke the faith of gods and men, calling them to witness how Caius
Verres is circumvented because the prosecutor will not speak as long as
he is allowed to speak by the law. What the law gives me for my own sake,
may I not be allowed to forbear using? For the time for stating the accusation
is given me for my own sake, that I may be able to unfold my charges and
the whole cause in my speech. If I do not use it all, I do you no injury,
but I give up something of my own right and advantage.
You injure me, says he, for the cause ought to be thoroughly investigated.
Certainly, for otherwise a defendant cannot be condemned, however guilty
he may be. Were you, then, indignant that anything should be done by me
to make it less easy for him to be condemned? For if the cause be understood,
many men may be acquitted; if it be not understood, no one can be condemned.
I injure him, it seems, for I take away the right of adjournment. The most
vexatious thing that the law has in it, the allowing a cause to be twice
pleaded, has either been instituted for my sake rather than for yours,
or, at all events, not more for your sake than for mine. For if to speak
twice be an advantage, certainly it is an advantage which is common to
both If there is a necessity that he who has spoken last should be refuted,
then it is for the sake of the prosecutor that the he has been established
that there should be a second discussion. But, as I imagine, Glaucia first
proposed the law that the defendant might have an adjournment; before that
time the decision might either be given at once, or the judges might take
time to consider.
Which law, then, do you think the mildest? I think that ancient one, by
which a man might either be acquitted quickly, or condemned after deliberation.
I restore you that law of Acilius, according to which many men who have
only been accused once, whose cause has only been pleaded once, in whose
case witnesses have only been heard once, have been condemned on charges
by no means so clearly proved, nor so flagitious as those on which you
are convicted. Think that you are pleading your cause, not according to
that severe law, but according to that most merciful one. I will accuse
you; you shall reply. Having produced my witnesses, I will lay the whole
matter before the bench in such a way, that even if the law gave them a
power of adjournment, yet they shall think it discreditable to themselves
not to decide at the first hearing.
10. But if it be necessary for the cause to be thoroughly investigated,
has this one been investigated but superficially? Are we keeping back anything,
O Hortensius, a trick which we have often seen practiced in pleading? Who
ever attends much to the advocate in this sort of action, in which anything
is said to have been carried off and stolen by any one? Is not all the
expectation of the judges fixed on the documents or on the witnesses? I
said in the first pleading that I would make it plain that Caius Verres
had carried off four hundred thousand sesterces contrary to the law. What
ought I to have said? Should I have pleaded more plainly if I had related
the whole affair thus?—There was a certain man of Halesa, named Dio, who,
when a great inheritance had come to his son from a relation while Sacerdos
was praetor, had at the time no trouble nor dispute about it. Verres, as
soon as he arrived in the province, immediately wrote letters from Messana;
he summoned Dio before him, he procured false witnesses from among his
own friends to say that that inheritance had been forfeited to Venus Erycina.
He announced that he himself would take cognizance of that matter.
I can detail to you the whole affair in regular order, and at last tell
you what the result was, namely, that Dio paid a million of sesterces,
in order to prevail in a cause of most undeniable justice, besides that
Verres had his herds of mares driven away, and all his plate and embroidered
vestments carried off. But neither while I was so relating these things,
nor while you were denying them, would our speeches be of any great importance.
At what time then would the judge prick up his ears and begin to strain
his attention? When Dio himself came forward, and the others who had at
that time been engaged in Sicily on Dio's business, when, at the very time
when Dio was pleading his cause, he was proved to have borrowed money,
to have galled in all that was owing to him, to have sold farms; when the
accounts of respectable men were produced, when they who had supplied Dio
with money said that they had heard at the time that the money was taken
on purpose to be given to Verres; when the friends, and connections, and
patrons of Dio, most honorable men, said that they had heard the same thing.
Then, when this was going on, you would, I suppose, attend as you did attend.
Then the cause would seem to be going on. Everything was managed by me
in the former pleading so that among all the charges there was not one
in which any one of you desired an uninterrupted statement of the case.
I deny that anything was said by the witnesses which was either obscure
to any one of you, or which required the eloquence of any orator to set
it off.
11. In truth, you must recollect that I conducted the case in this way;
I set forth and detailed the whole charge at the time of the examination
of witnesses, so that as soon as I had explained the whole affair, I then
immediately examined the witnesses. And by that means, not only you, who
have to judge, are in possession of our charges, but also the Roman people
became acquainted with the whole accusation and the whole cause: although
I am speaking of my own conduct as if I had done so of my own will rather
than because I was induced to do so by any injustice of yours. But you
interposed another accuser, who, when I had only demanded a hundred and
ten days to prosecute my inquiries in Sicily, demanded a hundred and eight
for himself to go for a similar purpose into Achaia. When you had deprived
me of the three months most suitable for conducting my cause, you thought
that I would give you up the remainder of the year, so that, when he had
employed the time allowed to me, you, O Hortensius, after the interruption
of two festivals, might make your reply forty days afterwards; and then,
that the time might be so spun out, that we might come from Marius Glabrio,
the praetor, and from the greater part of these judges, to another praetor,
and other judges.
If I had not seen this—if every one, both acquaintances and strangers,
had not warned me that the object which they were driving at, which they
were contriving, for which they were striving, was to cause the matter
to be delayed to that time—I suppose, if I had chosen to spend all the
time allowed me in stating the accusation, I should be under apprehensions
that I should not have charges enough to bring, that subjects for a speech
would be wanting to me, that my voice and strength would fail me, that
I should not be able to accuse twice a man whom no one had dared to defend
at the first pleading of the cause. I made my conduct appear reasonable
both to the judges and also to the Roman people. There is no one who thinks
that their injustice and impudence could have been opposed by any other
means. Indeed, how great would have been my folly, if, though I might have
avoided it, I had allowed matters to come on on the day which they who
had undertaken to deliver him from justice provided for in their undertaking,
when they gave their undertaking to deliver him in these words—"If
the trial took place on or after the first of January?" Now I must
provide for the careful management of the time which is allowed me for
making a speech, since I am determined to state the whole case most fully.
12. Therefore I will pass by that first act of his life, most infamous
and most wicked as it was. He shall hear nothing from me of the vices and
offenses of his childhood, nothing about his most dissolute youth: how
that youth was spent, you either remember, or else you can recognize it
in the son whom he has brought up to be so like himself: I will pass over
everything which appears shameful to be mentioned; and I will consider
not only what that fellow ought to have said of himself, but also what
it becomes me to say. Do you, I entreat you, permit this, and grant to
my modesty, that it may be allowed to pass over in silence some portion
of his shamelessness. At that time which passed before he came into office
and became a public character, he may have free and untouched as far as
I am concerned.
Nothing shall be said of his drunken nocturnal revels; no mention shall
be made of his pimps, and dicers, and panders; his losses at play, and
the licentious transactions which the estate of his father and his own
age prompted him to shall be passed over in silence. He may have lived
in all infamy at that time with impunity, as far as I am concerned; the
rest of his life has been such that I can well afford to put up with the
loss of not mentioning those enormities. You were quaestors to Cnaeus Papirius
the consul fourteen years ago. All that you have done from that day to
this day I bring before the court. Not one hour will be found free from
theft, from wickedness, from cruelty, from atrocity. These years have been
passed by you in the quaestorship, and in the lieutenancy in Asia, and
in the city praetorship, and in the Sicilian praetorship. On which account
a division of my whole action will also be made into four parts.
13. As quaestor you received our province by lot, according to the decree of the senate. A consular province fell to your lot, so that you were with Cnaeus Carbo, the consul, and had that province. There was at that time dissension among the citizens: and in that I am not going to say anything as to what part you ought to have taken. This only do I say, that at such a time as that you ought to have made up your mind which side you would take and which party you would espouse. Carbo was very indignant that there had fallen to his lot as his quaestor a man of such notorious luxury and indolence. But he loaded him with all sorts of kindnesses. Not to dwell too long on this; money was voted, was paid [By vote or the money was voted to the tribuni aerarii, and was paid by them to the quaestor, to be paid by him to the army.]; he went as quaestor to the province; he came into Gaul, where he had
been for some time expected, to the army of the consul with the money.
At the very first opportunity that offered, (take notice of the principle
on which the man discharged the duties of his offices, and administered
the affairs of the republic,) the quaestor, having embezzled the public
money, deserted the consul, the army, and his allotted province.
I see what I have done; he rouses himself up; he hopes that, in the instance
of this charge, some breeze may be wafted this way of good will and approbation
for those men to him the name of Cnaeus Carbo, though dead, is unwelcome,
and to whom he hopes that that desertion and betrayal of his consul will
prove acceptable. As if he had done it from any desire to take the part
of the nobility, or from any party zeal, and had not rather openly pillaged
the consul, the army and the province, and then, because of this most impudent
theft, had run away. For such an action as that is obscure, and such that
one may suspect that Caius Verres, because he could not bear new men, passed
over to the nobility, that is, to his own party, and that he did nothing
from consideration of money. Let us see how he gave in his accounts; now
he himself will show why he left Cnaeus Carbo; now he himself will show
what he is.
14. First of all take notice of their brevity—"I received," says he, "two million two hundred and thirty-five thousand four hundred and seventeen sesterces; I spent, for pay to the soldiers, for corn, for the lieutenants, for the pro-quaestor, for the praetorian cohort, sixteen hundred and thirty-five thousand four hundred and seventeen sesterces; I left at Ariminum six hundred thousand sesterces." Is this giving in accounts? Did either I, or you, O Hortensius, or any man ever give in his accounts in this manner? What does this mean? what impudence it is! what audacity! What precedent is there of any such in all the number of accounts that have ever been rendered by public officers? And yet these six hundred thousand sesterces, as to which he could not even devise a false account of whom he had paid them to, and which he said he had left at Ariminum,—these six hundred thousand sesterces which he had in hand, Carbo never touched, Sulla never saved them, nor were these ever brought into the treasury. He selected Ariminum as the town, because at the time when he was giving in his accounts, it had been taken and plundered. [Ariminum had been betrayed by Albinovanus, Marius's lieutenant, to Sulla.]
He did not suspect, what he shall now find out, that plenty of the Ariminians
were left to us after that disaster as witnesses to that point. Read now—"Accounts
rendered to Publius Lentulus, and Lucius Triarius, quaestors of the city."
Read on—"According to the decree of the senate." In order to
be allowed to give in accounts in such a manner as this, he became one
of Sulla's party in an instant, and not for the sake of contributing to
the restoration of honor and dignity to the nobility. Even if you had deserted
empty-handed, still your desertion would be decided to be wicked, your
betrayal of your consul, infamous. Oh, Cnaeus Carbo was a bad citizen,
a scandalous consul, a seditious man. He may have been so to others: when
did he begin to be so to you? After he entrusted to you the money, the
supplying of corn, all his accounts, and his army; for if he had displeased
you before that, you would have done the same as Marcus Piso did the year
after. When he had fallen by lot to Lucius Scipio, as consul, he never
touched the money, he never joined the army at all. The opinions he embraced
concerning the republic he embraced so as to do no violence to his own
good faith, to the customs of our ancestors, nor to the obligations imposed
on him by the lot which he had drawn.
15. In truth, if we wish to disturb all these things, and to throw them
into confusion, we shall render life full of danger, intrigue, and enmity;
if such allurements are to have no scruples to protect them; if the connection
between men in prosperous and doubtful fortunes is to cause no friendship;
if the customs and principles of our ancestors are to have no authority.
He is the common enemy of all men who has once been the enemy of his own
connections. No wise man ever thought that a traitor was to be trusted;
Sulla himself, to whom the arrival of the fellow ought to have been most
acceptable, removed him from himself and from his army: he ordered him
to remain at Beneventum, among those men whom he believed to be exceedingly
friendly to his party, where he could do no harm to his cause and could
have no influence on the termination of the war. Afterwards, indeed, he
rewarded him liberally; he allowed him to seize some estates of men who
had been proscribed lying in the territory of Beneventum; he loaded him
with honor as a traitor; he put no confidence in him as a friend. Now, although there are men who hate Cnaeus Carbo, though dead, yet they
ought to think, not what they were glad to have happen, but what they themselves
would have to fear in a similar case.
This is a misfortune common to many a cause for alarm, and a danger common
to many. There are no intrigues more difficult to guard against than those
which are concealed under a pretense of duty, or under the name of some
intimate connection. For you can easily avoid one who is openly an adversary,
by guarding against him; but this secret, internal, and domestic evil not
only exists, but even overwhelms you before you can foresee it or examine
into it. Is it not so? When you were sent
as quaestor to the army, not only as guardian of the money, but also of the
consul; when you were the sharer in all his business and of all his counsels,
when you were considered by him as one of his own children, according to the
tenor of the principles of our ancestors; could you on a sudden leave him?
desert him? pass over to the enemy? O wickedness! O monster to be banished to
the very end of the world! For that nature which has committed such an atrocity
as this cannot be contented with this one crime alone. It must be always
contriving something of this sort; it must be occupied in similar audacity and
perfidy. Therefore, that same fellow whom Cnaeus Dolabella
afterwards, when Caius Malleolus had been slain, had for his quaestor, (I know
not whether this connection was not even a closer one than the connection with
Carbo, and whether the consideration of his having been voluntarily chosen is
not stronger than that of his having been chosen by lot,) behaved to Cnaeus
Dolabella in the same manner as he had behaved in to Cnaeus Carbo. For, the
charges which properly touched himself, he transferred to his shoulders; and
gave information of everything connected with his cause to his enemies and
accusers. He himself gave most hostile and most infamous evidence against the
man to whom he had been lieutenant and pro-quaestor. Dolabella, unfortunate as
he was, through his abominable betrayal, through his infamous and false
testimony, was injured far more than by either, by the odium created by that
fellow's own thefts and atrocities.
16. What can you do with such a man? or what hope can you allow so perfidious,
so ill-omened an animal to entertain? One who despised and trampled on
the lot which bound him to Cnaeus Carbo, the choice which connected him
with Cnaeus Dolabella, and not only deserted them both, but also betrayed
and attacked them. Do not, I beg of you, O judges, judge of his crimes
by the brevity of my speech rather than by the magnitude of the actions
themselves. For I am forced to make haste in order to have time to set
before you all the things which I have resolved to relate to you. Wherefore,
now that his quaestorship has been put before you, saw that the dishonesty
and wickedness of his first conduct in his first office has been thoroughly
seen, listen, I pray you, to the remainder. And in this I will pass over
that period of proscription and rapine which took place under Sulla; nor
will I allow him to derive any argument for his own defense from that time
of common calamity to all men. I will accuse him of nothing but his own
peculiar and well-proved crimes. Therefore, omitting all mention of the
time of Sulla from the accusation, consider that splendid lieutenancy of
his. After Cilicia was appointed to Cnaeus Dolabella as his province, O
ye immortal gods! with what covetousness, with what incessant applications,
did he force from him that lieutenancy for himself, which was indeed the
beginning of the greatest calamity to Dolabella. For as he proceeded on
his journey to the province, wherever he went his conduct was such, that
it was not some lieutenant of the Roman people, but rather some calamity
that seemed to be going through the country.
17. In Achaia, (I will omit all minor things, to some of which perhaps
some one else may some time or other have done something like; I will mention
nothing except what is unprecedented, nothing except what would appear
incredible, if it were alleged against any other criminal,) he demanded
money from a Sicyonian magistrate. Do not let this be considered a crime
in Verres; others have done the tame. When he could not give it, he punished
him; a scandalous, but still not an unheard-of act. Listen to the sort
of punishment; you will ask, of what race of men you are to think him a
specimen. He ordered a fire to be made of green and damp wood in a narrow
place. There he left a free man, a noble in his own country, an ally and
friend of the Roman people, tortured with smoke, half dead. After that,
what statues, what paintings he carried off from Achaia, I will not mention
at present. There is another part of my speech which I have reserved for
speaking of this covetousness of the man. You have heard that at Athens
a great sum of money was taken out of the temple of Minerva. This was mentioned
in the trial of Cnaeus Dolabella. Mentioned? the amount too was stated.
Of this design you will find that Caius Verres was not only a partaker,
but was even the chief instigator. He came to Delos. There from that most
holy temple of Apollo he privately took away by night the most beautiful
and ancient statues, and took care that they were all placed on board his
own transport. The next day, when the inhabitants of Delos saw their temple
plundered, they were very indignant. For the holiness and antiquity of
that temple is so great in their eyes, that they believe that Apollo himself
was born in that place. However, they did not dare to say one word about
it, lest haply Dolabella himself might be concerned in the business.
18. Then on a sudden a very great tempest arose, O judges; so that Dolabella
could not only not depart, when he wished, but could scarcely stand in
the city, such vast waves were dashed on shore. Here that ship of that
pirate loaded with the consecrated statues, being cast up and driven ashore
by the waves, is broken to pieces. Those statues of Apollo were found on
the shore; by command of Dolabella they are restored; the tempest is lulled;
Dolabella departs from Delos. I do not doubt, though there was no feeling of humanity ever in you, no
regard for holiness, still that now in your fear and danger thoughts of
your wicked actions occurred to you. Can there be any comfortable hope
of safety cherished by you, when you recollect how impious, how wicked,
how blasphemous has been your conduct towards the immortal gods? Did you
dare to plunder the Delian Apollo? Did you dare to lay impious and sacrilegious
hands on that temple, so ancient, so venerated, so holy?
If you were not in your childhood taught and framed to learn and know what
has been committed to writing, still would you not afterwards, when you
came into the very places themselves, learn and believe what is handed
down both by tradition and by documents: That Latona, after a long wandering
and persecution, pregnant, and now near bringing forth, when her time was
come, fled to Delos, and there brought forth Apollo and Diana; from which
belief of men that island is considered sacred to those gods; and such
is and always has been the influence of that religious belief, that not
even the Persians, when they waged war on all Greece, on gods and men,
and when they had put in with a fleet of a thousand ships at Delos, attempted
to violate, or even to touch anything. Did you, O most wicked, O most insane
of men, attempt to plunder this temple? Was any covetousness of such power
as to extinguish such solemn religious belief? And if you did not think
of this at that time, do you not recollect even now that there is no evil
so great as not to have been long since due to you for your wicked actions?
19. But after he arrived in Asia,—why should I enumerate the dinners, the suppers, the horses, and the presents which marked that progress? I am not going to say anything against Verres for everyday crimes. I say that he carried off by force some most beautiful statues from Chios; also from Erythrae; also from Halicarnassus. From Tenedos (I pass over the money which he seized) he carried off Tenes himself, who among the Tenedians is considered a most holy god, who is said to have founded that city, after whose name it is called Tenedos. This very Tenes, I say, most admirably wrought, which you have seen [It was allowed to the aediles, and it was not uncommon for them to borrow of the cities of the allies celebrated and beautiful statues to adorn the shows in the games which they exhibited; and afterwards they were restored to their owners.] before now in the assembly, he carried off amid the great lamentations of the city. But that storming of that most ancient and most noble temple of the Samian Juno, how grievous was it to the Samians! how bitter to all Asia! how notorious to all men! how notorious to every one of you! And when ambassadors had come from Samos into Asia to Caius Nero, to complain of this attack on that temple, they received for answer, that complaints of that sort, which concerned a lieutenant of the Roman people, ought not to be brought before the praetor, but must be carried to Rome.
What pictures did he carry off from thence; what statues! which I saw lately in his house, when I went thither for the sake of sealing [The custom was for the accuser to put a seal on the house and effects
of the man whom he was preparing to prosecute, in order that no evidence
of the theft to be imputed might be removed by the removal of the stolen
goods.] it up. And where are those statues now, O Verres? I mean those which I lately saw in your house against every pillar, and also in every space between two pillars, and actually arranged in the grove in the open air? Why were those things left at your house, as long as you thought that another praetor, with the other judges whom you expected to have substituted in the room of these, was to sit in judgment upon your? But when you saw that we preferred suiting the convenience of our own witnesses rather than your convenience as to time, you left not one statue in your house except two which were in the middle of it, and which were themselves stolen from Samos. Did you not think that I would summon your most intimate friends to give evidence of this matter, who had often been at your house, and ask of them whether they knew that statues were there which were not?
20. What did you think that these men would think of you then, when they saw that you were no longer contending against your accuser, but against the quaestor and the brokers? [The quaestores aerarii were sent to take possession in the name of the
people of the effects of a man who was convicted; the sectores or brokers attended them to appraise the goods seized.] On which matter you heard Charidemus of Chios give his evidence at the
former pleadings, that he, when he was captain of a trireme, and was attending
Verres on his departure from Asia, was with him at Samos, by command of
Dolabella and that he then knew that the temple of Juno had been plundered,
and the town of Samos; that afterwards he had been put on his trial before
the Chians, his fellow citizens, on the accusation of the Samians; and
that he had been acquitted because he had made it plain that the allegations
of the Samians concerned Verres, and not him.
You know that Aspendus is an ancient and noble town in Pamphylia, full
of very fine statues. I do not say that one statue or another was taken
away from thence: this I say, that you, O Verres, left not one statue at
Aspendus; that everything from the temples and from all public places was
openly seized and carried away on wagons, the citizens all looking on.
And he even carried off that harp-player of Aspendus, of whom you have
often heard the saying, which is a proverb among the Greeks, who used to
say that he could sing everything within himself, and put him in the inmost
part of his own house, so as to appear to have surpassed the statue itself
in trickery. At Perga we are aware that there is a very ancient and very
holy temple of Diana. That too, I say, was stripped and plundered by you;
and all the gold which there was on Diana herself was taken off and carried
away. What, in the name of mischief, can such audacity and inanity mean?
In the very cities of our friends and allies, which you visited under the
pretext of your office as lieutenant, if you had stormed them by force
with an army, and had exercised military rule there; still, I think, the
statues and ornaments which you took away, you would have carried, not
to your own house, nor to the suburban villas of your friends, but to Rome
for the public use.
21. Why should I speak of Marcus Marcellus, who took Syracuse, that most beautiful
city? why of Lucius Scipio, who waged war in Asia, and conquered Antiochus,
a most powerful monarch? why of Flaminius, who subdued Philip the king,
and Macedonia? why of Lucius Paullus, who with his might and valor conquered
king Perses? why of Lucius Mummius, who overthrew that most beautiful and
elegant city Corinth, full of all sorts of riches, and brought many cities
of Achaia and Boeotia under the empire and dominion of the Roman people?—their
houses, though they were rich in virtue and honor, were empty of statues
and paintings. But we see the whole city, the temples of the gods, and
all parts of Italy, adorned with their gifts, and with memorials of them.
I am afraid all this may seem to some people too ancient, and long ago
obsolete. For at that time all men were so uniformly disposed in the same
manner, that this credit of eminent virtue and incorruptibility appears
to belong, not only to those men, but also to those times. Publius Servilius,
a most illustrious man, who has performed the noblest exploits, is present.
He will deliver his opinion on your conduct. He, by his power, had forces;
his wisdom and his valor took Olympus, an ancient city, and one strengthened
and embellished in every possible manner. I am bringing forward recent
example of a most distinguished man. For Servilius, as a general of the
Roman people, took Olympus after you, as lieutenant of the quaestor in
the same district, had taken care to harass and plunder all the cities
of our friends and allies even when they were at peace. The things which you carried off from the holiest temples with wickedness,
and like a robber, we cannot see, except in your own houses, or in those
of your friends. The statues and decorations which Publius Servilius brought
away from the cities of our enemies, taken by his courage and valor, according
to the laws of war and his own rights as commander-in-chief, he brought
home for the Roman people; he carried them in his triumph, and took care
that a description of them should be engraved on public tablets and hid
up in the treasury. You may learn from public documents the industry of
that most honorable man. Read—"The accounts delivered by Publius Servilius."
You see not only the number of the statues, but the size, the figure, and
the condition of each one among them accurately described in writing. Certainly,
the delight arising from virtue and from victory is much greater than that
pleasure which is derived from licentiousness and covetousness. I say that
Servilius took much more care to have the booty of the Roman people noted
and described, than you took to have your plunder catalogued.
22. You will say that your statues and paintings were also an
ornament to the city and forum of the Roman people. I recollect: I, together
with the Roman people, saw the forum and place for holding the assemblies
adorned with embellishments, in appearance indeed magnificent, but to one's
senses and thoughts bitter and melancholy. I saw everything glittering with your
thefts, with the plunder of the provinces, with the spoils of our allies and
friends. At which time, O judges, that fellow conceived the hope of committing
his other crimes. For he saw that these men, who wished to be called the masters
of the courts of law, were slaves to these desires. But the allies and foreign nations then first abandoned the hope of saving
any of their property and fortunes, because, as it happened, there were
at that time very many ambassadors from Asia and Achaia at Rome, who worshipped
in the forum the images of the gods which had been taken from their temples.
And so also, when they recognized the other statues and ornaments, they
wept, as they beheld the different pieces of their property in different
place. And from all those men we then used to hear discourses of this sort:—"That
it was impossible for any one to doubt of the ruin of our allies and friends,
when men saw in the forum of the Roman people, in which formerly those
men used to be accused and condemned who had done any injury to the allies,
those things now openly placed which had been wickedly seized and taken
away from the allies." Here I do not expect that he will deny that he has many statues, and countless
paintings. But, as I fancy, he is accustomed at times to say that he purchased
these things which he seized and stole; since indeed he was sent at the
public expense, and with the title of ambassador, into Achaia, Asia, and
Pamphylia as a purchaser of statues and paintings.
23. I have all the accounts both of that fellow and of his father, of money
received, which I have most carefully read and arranged; those of your
father, as long as he lived, you own, as far as you say that you have made
them up. For in that man, O judges, you will find this new thing. We hear
that some men have never kept accounts; which is a mistaken opinion of
men with respect to Antonius; for he kept them most carefully. But there
may be men of that sort, but they are by no means to be approved of. We
hear that some men have not kept them from the beginning, but after some
time have made them up; there is a way of accounting for this too. But
this is unprecedented and absurd which this man gave us for an answer,
when we demanded his account of him: "That he kept them up to the
consulship of Marcus Terentius and Caius Cassius; but that, after that,
he gave up keeping them." In another place we will consider
what sort of a reply this is; at present I am not concerned with it; for of the
times about which I am at present occupied I have the accounts, both yours and
those of your father. You cannot deny that you carried off very many most
beautiful statues, very many admirable paintings. I wish you would deny it. Show
in your accounts or in those of your father that any one of them was purchased,
and you have gained your cause. There is not even any possibility of your having
bought those two most beautiful statues which are now standing in your court,
and which stood for many years by the folding doors of the Samian Juno; these
two, I say, which are now the only statues left in your house, which are waiting
for the broker, left alone and deserted by the other statues.
24. But, I suppose in these matters alone had he this irrepressible and
unbridled covetousness; his other desires were restrained by some reason
and moderation. To how many noble virgins, to how many matrons do you think
he offered violence in that foul and obscene lieutenancy? In what town
did he set his foot that he did not leave more traces of his rapes and
atrocities than he did of his arrival? But I will pass over everything
which can be denied; even those things which are most certain and most
evident I will omit; I will select one of his abominable deeds, in order
that I may the more easily at last arrive at Sicily, which has imposed
the burden of this business on me. There is a town on the Hellespont, O judges, called Lampsacus,
among the first in the province of Asia for renown and for nobleness. And the
citizens themselves of Lampsacus are most especially kind to all Roman citizens,
and also are an especially quiet and orderly race; almost beyond all the rest of
the Greeks inclined to the most perfect ease, rather than to any disorder or
tumult. It happened, when he had prevailed on Cnaeus Dolabella to send him to
king Nicomedes and to king Sadala, and when he had begged this expedition, more
with a view to his own gain than to any advantage for the republic, that in that
journey he came to Lampsacus, to the great misfortune and almost ruin of the
city. He is conducted to the house of a man named Janitor as his host; and his
companions also, are billeted on other entertainers. As was the fellow's custom,
and as his lusts always instigating him to commit some wickedness prompted him,
he immediately gives a commission to his companions, the most worthless and
infamous of men, to inquire and find out whether there is any virgin woman
worthy of his staying longer at Lampsacus for her sake.
25. He had a companion of the name of Rubrius, a man made for such vices
as his, who used to find out all these things for him wherever he went,
with wonderful address. He brings him the following news,—that there was
a man of the name of Philodamus, in birth, in rank, in wealth, and in reputation
by far the first man among the citizens of Lampsacus; that his daughter,
who was living with her father because she had not yet got a husband, was
a woman of extraordinary beauty, but was also considered exceedingly modest
and virtuous. The fellow, when he heard this, was so inflamed with desire
for that which he had not only not seen himself, but which even he from
whom he heard of it had not seen himself, that he said he should like to
go to Philodamus immediately. Janitor, his host, who suspected nothing,
being afraid that he must have given him some offense himself, endeavored
with all his might to detain him. Verres, as he could not find any pretext
for leaving his host's house began to pave his way for his meditated violence
by other steps. He says that Rubrius, his most loved friend, his assistant
in all such matters, and the partner of his counsels, is lodged with but
little comfort. He orders him to be conducted to the house of Philodamus.
But when this is reported to Philodamus, although he was ignorant what great misfortune was at that moment being
contrived for him and for his children, still he comes to him,--represents to
him that that is not his office,—that when it was his turn to receive guests, he
was accustomed to receive the praetors and consuls themselves, and not the
attendants of lieutenants. Verres, as he was hurried on by that one desire
alone, disregarded all his demands and allegations, and ordered Rubrius to be
introduced by force into the house of a man who had a right to refuse him
admittance.
26. On this, Philodamus, when he could not preserve his rights, studied
at least to preserve his courtesy and affability. He who had always been
considered most hospitable and most friendly towards our people, did not
like to appear to have received even this fellow Rubrius into his house
unwillingly; he prepares a banquet magnificently and luxuriously, being,
as he was, among the richest of all his fellow citizens; he begs Rubrius
to invite whoever were agreeable to himself; to leave, if he pleased, just
room for himself alone. He even sends his own son, a most excellent youth,
out to one of his relations to supper. Rubrius invites Verres's companions;
Verres informs them all what there was to be done. They come early. They
sit down to supper. Conversation takes place among them, and an invitation
is given to drink in the Greek fashion. The host encourages them; they
demand wine in larger goblets; the banquet proceeds with the conversation
and joy of every one. When the business appeared to Rubrius to have got
warm enough, "I would know of you, O Philodamus," says he, "why
you do not bid your daughter to be invited in hither to us?"
The man, who was both a most dignified man, and of mature age, and a parent,
was amazed at the speech of the rascal. Rubrius began to urge it. Then
he, in order to give some answer, said that it was not the custom of the
Greeks for women to sit down at the banquets of men. On this some one else
from some other part of the room cried out, "But this is not to be
borne; let the women be summoned." And immediately Rubrius orders
his slaves to shut the door, and to stand at the doors themselves. But
when Philodamus perceived that what was intended and being prepared was,
that violence should be offered to his daughter, he calls his servants
to him, he bids them disregard him and defend his daughter, and orders
some one to run out and bear the news to his son of this overpowering domestic
misfortune. Meantime an uproar arises throughout the whole house; a fight
takes place between the slaves of Rubrius and his host. That noble and
most honorable man is buffeted about in his own house; every one fights
for his own safety. At last Philodamus has a quantity of boiling water
thrown over him by Rubrius himself. When the news of this is brought to
the son, half dead with alarm he instantly hastens home to bring aid to
save the life of his father and the modesty of his sister. All the citizens
of Lampsacus, with the same spirit, the moment they heard of it, because
both the worth of Philodamus and the enormity of the injury excited them,
assembled by night at his house. At this time Cornelius, the lictor of
Verres, who had been placed with his slaves by Rubrius, as if on guard,
for the purpose of carrying off the woman, is slain; some of the slaves
are wounded; Rubrius himself is wounded in the crowd. Verres, when he saw
such an uproar excited by his own cupidity, began to wish to escape some
way or other if he could.
27. The next morning men come early to the public assembly; they ask what
is best to be done; every one delivered his own opinions to the people
according as each individual had the most weight. No one was found whose
opinion and speech was not to this purpose:—"That it need not be feared,
if the Lampsacenes had avenged that man's atrocious wickedness by force
and by the sword, that the senate and Roman people would have thought they
ought to chastise their city. And if the lieutenants of the Roman people
were to establish this law with respect to the allies, and to foreign nations,—that
they were not to be allowed to preserve the chastity of their children
unpolluted by their lusts, it was better to endure anything rather than
to live in a state of such violence and bitterness." As all were of
this opinion, and as every one spoke in this tenor, as his own feelings
and indignation prompted each individual, all immediately proceeded towards
the house where Verres was staying. They began to beat the door with stones,
to attack it with weapons, to surround it with wood and faggots, and to
apply fire to it. Then the Roman citizens who were dwelling as traders
at Lampsacus run together to the spot; they entreat the citizens of Lampsacus
to allow the name of the lieutenancy to have more weight with them than
the insult of the lieutenant; they say that they were well aware that he
was an infamous and wicked man, but as he had not accomplished what he
had attempted, and as he was not going to be at Lampsacus any longer, their
error in sparing a wicked man would be less than that of not sparing a
lieutenant. And so that fellow, far more wicked and infamous than even
the notorious Hadrian, was a good deal more fortunate.
He, because Roman citizens could not tolerate his avarice, was burnt alive
at Utica in his own house; and that was thought to have happened to him
so deservedly, that all men rejoiced, and no punishment was inflicted for
the deed. This man, scorched indeed though he was by the fire made by our
allies, yet escaped from those flames and that danger; and has not even
yet been able to imagine what he had done, or what had happened to bring
him into such great danger. For he cannot say:—"When I was trying
to put down a sedition, when I was ordering corn, when I was collecting
money for the soldiers, when in short I was doing something or other for
the sake of the republic, because I gave some strict order, because I punished
some one, because I threatened some one, all this happened." Even
if he were to say so, still he ought not to be pardoned, if he seemed to
have been brought into such great danger through issuing too savage commands
to our allies.
28. Now when he neither dares himself to allege any such cause for the
tumult as being true, nor even to invent such a falsehood, but when a most
temperate man of his own order, who at that time was in attendance on Caius
Nero, Publius Tettius, says that he too heard this same account at Lampsacus,
(a man most accomplished in everything, Caius Varro, who was at that time
in Asia as military tribune, says that be heard this very same story from
Philodamus,) can you doubt that fortune was willing, not so much to save
him from that danger, as to reserve him for your judgment! Unless, indeed,
he will say, as indeed Hortensius did say, interrupting Tettius while he
was giving his evidence in the former pleading (at which time indeed he
gave plenty of proof that, if there were anything which he could say, he
could not keep silence; so that we may all feel sure that, while he was
silent in the other matters that were alleged, he was so because he had
nothing to say); he at that time said this, that Philodamus and his son
had been condemned by Caius Nero. About which, not to make a long speech,
I will merely say that Nero and his bench of judges came to that decision
on the ground that it was plain that Cornelius, his lictor, had been slain,
and that they thought it was not right that any one, even while avenging
his own injuries, should have the power to kill a man. And as to this I
see that you were not by Nero's sentence acquitted of atrocity, but that
they were convicted of murder. And yet what sort of a conviction was that?
Listen, I entreat you, O judges, and do sometimes pity our allies, and
show that they ought to have, and that they have, some protection in your
integrity.
29. Because the man appeared to all Asia to have been lawfully slain, being
in name indeed his lictor, but in reality the minister of his most profligate
desires, Verres feared that Philodamus would be acquitted by the sentence
of Nero. He begs and entreats Dolabella to leave his own province, to go
to Nero; he shows that he himself cannot be safe if Philodamus be allowed
to live and at any time to come to Rome. Dolabella was moved; he did what
many blamed, in leaving his army, his province, and the war, and in going
into Asia, into the province of another magistrate, for the sake of a most
worthless man. After he came to Nero, he urged him to take cognizance of
the cause of Philodamus. He came himself to sit on the bench, and to be
the first to deliver his opinion. He had brought with him also his prefects,
and his military tribunes, all of whom Nero invited to take their places
on the bench On that bench also was that most just judge Verres himself.
There were some Romans also, creditors of some of the Greeks, to whom the
favor of any lieutenant, be he ever so infamous, is of the greatest influence
in enabling them to get in their money. The unhappy prisoner could find
no one to defend him; for what citizen was there who was not under the
influence of Dolabella? what Greek who was not afraid of his power and
authority? And then is assigned as the accuser a Roman citizen, one of
the creditors of the Lampsacenes; and if he would only say what that fellow
ordered him to say, he was to be enabled to compel payment of his money
from the people, by the aid of that same Verres's lictors. When all these
thing; were conducted with such zeal, and with such resources; when many
were accusing that unhappy man, and no one was defending him; and when
Dolabella, with his prefects, was taking an eager part on the bench; when
Verres kept saying that his fortunes were at stake—when he also gave his
evidence—when he also was sitting on the bench—when he also had provided
the accuser; when all this was done, and when it was clear that the man
had been slain, still, so great was the weight which the consideration
of bat fellow's injury had, so great was his iniquity thought, that the
case of Philodamus was adjourned for further inquiry.
30. Why need I now speak of the energy of Cnaeus Dolabella at the second
hearing of the cause,--of his tears of his agitation of body and minds?
Why need I describe the mind of Caius Nero,—a most virtuous and innocent
man, but still on some occasions too timid and low spirited?—who in that
emergency had no idea what to do, unless, perchance (as every one wished
him to do), to settle the matter without the intervention of Verres and
Dolabella. Whatever had been done without their intervention all men would
approve; but, as it was, the sentence which was given was thought not to
have been pronounced judicially by Nero, but to have been extorted by Dolabella.
For Philodamus and his son are convicted by a few votes: Dolabella is present;
urges and presses Nero to have them executed as speedily as possible, in
order that as few as may be may bear of that man's nefarious wickedness.
There is exhibited in the market-place of Laodicea a spectacle bitter, and miserable, and grievous to the whole province of Asia--an aged parent led forth to punishment, and on the other side a son; the one because he had defended the chastity of his children, the other because he had defended the life of his father and the fair fame of his sister. Each was weeping,—the father, not for his own execution, but for that of his son; the son for that of his father. How many tears do you think that Nero himself sheds? How great do you think was the weeping of all Asia? How great the groans and lamentations of the citizens of Lampsacus, that innocent men, nobles, allies and friends of the Roman people, should be put to death by public execution, on account of the unprecedented wickedness and impious desires of one most profligate man? After this, O Dolabella, no one can pity either you or your children, whom you have left miserable, in beggary and solitude. Was Verres so dear to you, that you should wish the disappointment of his lust to be expiated by the blood of innocent men? Did you leave your army and the enemy, in order by your own power and cruelty to diminish the dangers of that most wicked man? For, had you expected him to be an everlasting friend to you, because you had appointed him to act as your quaestor? Did you not know, that Cnaeus Carbo, the consul whose real quaestor he had been, had not only been deserted by him, but had also been deprived of his resources and his money, and nefariously attacked and betrayed by him? Therefore, you too experienced his perfidy when he joined your enemies,—when he, himself a most guilty man, gave most damaging evidence against you—when he refused to give in his accounts to the treasury unless you were condemned. [Dolabella was governor of Cilicia at the time Verres was acting as his
lieutenant and proquaestor.]
31. Are your lusts, O Verres, to be so atrocious, that the provinces of
the Roman people, that foreign nations, cannot limit and cannot endure
them? Unless whatever you see, whatever you hear, whatever you desire,
whatever you think of, is in a moment to be subservient to your nod, is
at once to obey your lust and desire, are men to be sent into people's
houses? are the houses to be stormed? Are cities—not only the cities of
enemies now reduced to peace--but are the cities of our allies and friends
to be forced to have recourse to violence and to arms, in order to be able
to repel from themselves and from their children the wickedness and lust
of a lieutenant of the Roman people? For I ask of you, were you besieged
at Lampsacus? Did that multitude begin to burn the house in which you were
staying? Did the citizens of Lampsacus wish to burn a lieutenant of the
Roman people alive? You cannot deny it; for I have your own evidence which
you gave before Nero,—I have the letters which you sent to him. Recite
the passage from his evidence. [The evidence of Caius Verres against Artemidorus
is read.] Recite the passages out of Verres's letters to Nero. [Passages
from the letters of Verres to Nero are read.] "Not long afterwards,
they came into the house."
Was the city of Lampsacus endeavoring to make war on the Roman people?
Did it wish to revolt from our dominion—to cast off the name of allies
of Rome? For I see, and, from those things which I have read and heard,
I am sure, that, if in any city a lieutenant of the Roman people has been,
not only besieged, not only attacked with fire and sword, by violence,
and by armed forces, but even to some extent actually injured, unless satisfaction
be publicly made for the insult, war is invariably declared and waged against
that city. What, then, was the cause why the whole city of the Lampsacenes
ran, as you write yourself, from the assembly to your house? For neither
in the letters which you sent to Nero, nor in your evidence, do you mention
any reason for so important a disturbance. You say that you were besieged,
that fire was applied to your house, that faggots were put round it; you
say that your lictor was slain; you say that you did not dare appear in
the public streets; but the cause of all this alarm you conceal. For if
Rubrius had done any injury to any one on his own account, and not at your
instigation and for the gratification of your desires, they would rather
have come to you to complain of the injury done by your companion, than
have come to besiege you. As, therefore, he himself has concealed what
the cause of that disturbance was, and as the witnesses produced by us
have related it, do not both their evidence and his own continued silence
prove the reason to be that which we have alleged?
32. Will you then spare this man, O judges? whose offenses are so great
that they whom he injured could neither wait for the legitimate time to
take their revenge, nor restrain to a future time the violence of their
indignation. You were besieged? By whom? By the citizens of Lampsacus—barbarous
men, I suppose, or, at all events, men who despised the name of the Roman
people. Say rather, men, by nature, by custom, and by education most gentle;
moreover, by condition, allies of the Roman people, by fortune our subjects,
by inclination our suppliants—so that it is evident to all men, that unless
the bitterness of the injury and the enormity of the wickedness had been
such that the Lampsacenes thought it better to die than to endure it, they
never would have advanced to such a pitch as to be more influenced by hatred
of your lust—than by fear of your office as lieutenant.
Do not, in the name of the immortal gods, I entreat you—do not compel the
allies and foreign nations to have recourse to such a refuge as that; and
they must of necessity have recourse to it, unless you chastise such crimes.
Nothing would ever have softened the citizens of Lampsacus towards him,
except their believing that he would be punished at Rome. Although they
had sustained such an injury that they could not sufficiently avenge it
by any law in the world, yet they would have preferred to submit their
griefs to our laws and tribunals, rather than to give way to their own
feelings of indignation. You, when you have been besieged by so illustrious
a city on account of your own wickedness and crime—when you have compelled
men, miserable and maddened by calamity, as if in despair of our laws and
tribunals, to fly to violence, to combat, and to arms—when you have shown
yourself in the towns and cities of our friends, not as a lieutenant of
the Roman people, but as a lustful and inhuman tyrant—when among foreign
nations you have injured the reputation of our dominion and our name by
your infamy and your crimes—when you have with difficulty saved yourself
from the sword of the friends of the Roman people, and escaped from the
fire of its allies, do you think you will find an asylum here? You are
mistaken—they allowed you to escape alive that you might fall into our
power here, not that you might find rest here.
33. And you say that a judicial decision was come to that you were injuriously
besieged for no reason at Lampsacus, because Philodamus and his son were
condemned. What if I show, if I make it evident, by the evidence of a worthless
man indeed, but still a competent witness in this matter,—by the evidence
of you yourself,—that you yourself transferred the reason of this siege
laid to you, and the blame of it, to others? and that those whom you had
accused were not punished? Then the decision of Nero will do you but little
good. Recite the letters which he sent to Nero. [The letter of Caius Verres
to Nero is read.] "Themistagoras and Thessalus." ... You write
that Themistagoras and Thessalus stirred up the people. What people? They
who besieged you; who endeavored to burn you alive. Where do you prosecute
them? Where do you accuse them? Where do you defend the name and rights
of a lieutenant? Will you say that that was settled by the trial of Philodamus?
Let me have the evidence of Verres himself. Let us see what that fellow
said on his oath. Recite it. "Being asked by the accuser, he answered
that he was not prosecuting for that in this trial, that he intended to
prosecute for that another time." How, then, does Nero's decision
profit you?—how does the conviction of Philodamus? Though you, a lieutenant,
had been besieged, and when, as you yourself write to Nero, a notorious
injury had been done to the Roman people, and to the common cause of all
lieutenants, you did not prosecute.
You said that you intended to prosecute at some other time. When was that
time? When have you prosecuted? Why have you taken so much from the rights
of a lieutenant's rank? Why have you abandoned and betrayed the cause of
the Roman people? Why have you passed over your own injuries, involved
as they were in the public injury? Ought you not to have brought the cause
before the senate? to have complained of such atrocious injuries? to have
taken care that those men who had excited the populace should be summoned
by the letters of the consuls? Lately, when Marcus Aurelius Scaurus made
the demand, because he said that he as quaestor had been prevented by force
at Ephesus from taking his servant out of the temple of Diana, who had
taken refuge in that asylum, Pericles, an Ephesian, a most noble man, was
summoned to Rome, because he was accused of having been the author of that
wrong. If you had stated to the senate that you, a lieutenant, had been
so treated at Lampsacus, that your companions were wounded, your lictor
slain, you yourself surrounded and nearly burnt, and that the ringleaders
and principal actors and chiefs in that transaction were Themistagoras
and Thessalus, who, you write, were so, who would not have been moved?
Who would not have thought that he was taking care of himself in chastising
the injury which had been done to you? Who would not have thought that
not only your cause but that the common safety was at stake in that matter?
In truth the name of lieutenant [the word legatus means not only a lieutenant, but also an ambassador] ought to be such as to pass in safety not only among the laws of allies,
but even amid the arms of enemies.
34. This crime committed at Lampsacus is very great; a crime of lust and of the most infamous desires. Listen now to a tale of avarice, but little less iniquitous of its sort. He demanded of the Milesians a ship to attend him to Myndus as a guard. They immediately gave him a light vessel, a beautiful one of its class, splendidly adorned and armed. With this guard he went to Myndus. For, as to the wool being public property which he carried off from the Milesians,—as for his extravagance on his arrival,—as for his insults and injuries offered to the Milesian magistrates, although they might be stated not only truly, but also with vehemence and with indignation, still I shall pass them all over, and reserve them for another time to be proved by evidence. At present listen to this which cannot possibly be suppressed, and at the same time cannot be mentioned with proper dignity. He orders the soldiers and the crew to return from Myndus to Miletus on foot; he himself sold that beautiful light vessel, picked out of the ten ships of the Milesians, to Lucius Magius and Lucius Rabius, who were living at Myndus.
These are the men whom the senate lately voted should be considered in the number of enemies. In this vessel they sailed to all the enemies of the Roman people, from Dianium, which is in Spain, to Senope, which is in Pontus. O ye immortal gods! the incredible avarice, the unheard-of audacity of such a proceeding! Did you dare to sell a ship of the Roman fleet, which the city of Miletus had assigned to you to attend upon you? If the magnitude of the crime, if the opinion of men, had no influence on you, did this, too, never occur to you,—that so illustrious and so noble a city would he a witness against you of this most wicked theft, or rather of this most abominable robbery? Or because at that time Cnaeus Dolabella attempted, at your request, to punish the man who had been in command of that vessel, and who had reported to the Milesians what had been done, and had ordered his report, which according to their laws had been inserted in the public registers, to be erased, did you, on that account, fancy that you had escaped from that accusation?
35. That opinion of yours has much deceived you, and on many occasions. For you have always fancied, and especially in Sicily, that you had taken sufficient precautions for your defense, when you had either forbidden anything to be mentioned in the public records, or had compelled that which had been so mentioned to be erased. How vain that step is, although in the former pleading you learnt it in the instance of many cities of Sicily, yet you may learn it again in the case of this city. The citizens are, indeed, obedient to the command, as long as they are present who give the command. As soon as they are gone, they not only set down that which they have been forbidden to set down, but they also write down the reason why it was not entered in the public records at the time. Those documents remain at Miletus, and will remain as long as that city lasts. For the Milesian people had built ten ships by command of Lucius Marcus out of the taxes imposed by the Roman people, as the other cities of Asia had done, each in proportion to its amount of taxation Wherefore they entered on their public records, that one of the ten had been lost, not by the sudden attack of pirates, but by the robbery of a lieutenant,—not by the violence of a storm, but by this horrible tempest which fell upon the allies. There are at Rome Milesian ambassadors, most noble men and the chief men of the city, who, although they are waiting with apprehension for the month of February [It was in the month of February that the senate was used to give audience
to the deputies from the provinces] and the time of the consuls elect, yet they not only do not dare to deny
such an atrocious action when they are asked about it, but they cannot
forbear speaking of it unasked if they are present. They will tell you,
I say, being induced by regard to religion, and by their fear of their
laws at home, what has become of that vessel. They will declare to you
that Caius Verres has behaved himself like a most infamous pirate in regard
to that fleet which was built against pirates.
36. When Caius Malleolus, the quaestor of Dolabella, had been slain, he thought that two inheritances had come to him; one, that of his quaestorian office, for he was immediately desired by Dolabella to be his proquaestor; the other, of a guardianship, for as he was appointed guardian of the young Malleolus, he immediately invaded his property. For Malleolus had started for his province so splendidly equipped that he left actually nothing behind him at home. Besides, he had put out a great deal of money among the provincials, and had taken bills from them. He had taken with him a great quantity of admirably embossed silver plate. For he, too, was a companion of that fellow Verres in that disease and in that covetousness; and so he left behind him at his death a great quantity of silver plate, a great household of slaves, many workmen, many beautiful youths. That fellow seized all the plate that took his fancy; carried off all the slaves he chose; carried off the wines and all the other things which are procured most easily in Asia, which he had left behind: the rest he sold, and took the money himself.
Though it was plain that he had received two million, five hundred thousand
sesterces, when he returned to Rome, he rendered no account to his ward,
none to his ward's mother, none to his fellow-guardians; though he had
the servants of his ward, who were workmen, at home, and beautiful and
accomplished slaves about him, he said that they were his own,--that he
had bought them. When the mother and grandmother of the boy repeatedly
asked him if he would neither restore the mosey nor render an account,
at least to say how much money of Malleolus's he had received, being wearied
with their importunities, at last he said, a million of sesterces. Then
on the last line of his accounts, he put in a name at the bottom by a most
shameless erasure; he put down that he had paid to Chrysogonus, a slave,
six hundred thousand sesterces which he had received for his ward Malleolus.
How out of a million they became six hundred thousand; how the six hundred
thousand tallied so exactly with other accounts,--that of the money belonging
to Cnaeus Carbo there was also a remainder of six hundred thousand sesterces;
and how it was that they were put down as paid to Chrysogonus; why that
name occurred on the bottom line of the page, and after an erasure, you
will judge. Yet, though he had entered in his accounts six hundred thousand
sesterces as having been received, he has never paid over fifty thousand.
Of the slaves, since he has been prosecuted in this manner, some have been
restored, some are detained even now. All the gains which they had made,
and all their substitutes are detained.
37. This is that fellow's splendid guardianship. See to whom you are entrusting
your children! Behold how great is the recollection of a dead companion!
Behold how great is the fear of the opinion of the living! When all Asia
had given herself up to you to be harassed and plundered, when all Pamphylia
was placed at your mercy to be pillaged, were you not content with this
rich booty? Could you not keep your hands off your guardianship, off your
ward, off the son of your comrade? It is not now the Sicilians; they are
now a set of plowmen, as you are constantly saying, who are hemming you
in. It is not the men who have been excited against you and rendered hostile
to you by your own decrees and edicts. Malleolus is brought forward by
me and his mother and his grandmother, who, unfortunate, and weeping, say
that their boy has been stripped by you of his father's property.
What are you waiting for? till poor Malleolus rises from the shades below,
and demands of you an account of your discharge of the duties of a guardian,
of a comrade, of an intimate friend? Fancy that he is present himself,
O most avaricious and most licentious man, restore the property of your
comrade to his son; if not all you have robbed him of, at least that which
you have confessed that you received. Why do you compel the son of your
comrade to utter his first words in the forum with the voice of indignation
and complaint? Why do you compel the wife of your comrade, the mother-in-law
of your comrade, in short, the whole family of your dead comrade, to hear
evidence against you? Why do you compel most modest and admirable women
to come against their wont and against their will into so great an assembly
of men? Recite the evidence of them all. [The evidence of the mother and
grandmother is read.]
38. But how he as proquaestor harassed the republic of the Milyades, how
he oppressed Lycia, Pamphylia, Piscidia, and all Phrygia, in his levying
corn from them, and valuing it according to that valuation of his which
he then devised for the first time, it is not necessary for me now to relate,
know this much, that these articles (and all such matters were transacted
through his instrumentality, while he levied on the cities corn, hides,
hair-cloth, sacks, but did not receive the goods but exacted money instead
of them),--for these articles alone damages were laid in the action against
Dolabella, at three millions of sesterces. And all these things even if
they were done with the consent of Dolabella, were yet all accomplished
through the instrumentality of that man. I will pause on one article, for
many are of the same sort. Recite. "Money received from the actions
against Cnaeus Dolabella, praetor of the Roman people, that which was received
from the State of the Milyades..." I say that you collected this money,
that you made this valuation, that the money was paid to you; and I prove
that you went through every part of the province with the same violence
and injustice, when you were collecting most enormous sums, like some disastrous
tempest or pestilence.
Therefore Marcus Scaurus, who accused Cnaeus Dolabella, held him under
his power and in subjection. Being a young man, when in prosecuting his
inquiries he ascertained the numerous robberies and iniquities of that
man, he acted skillfully and warily. He showed him a huge volume full of
his exploits; he got from the fellow all he wanted against Dolabella. He
brought him forward as a witness; the fellow said everything which he thought
the accuser wished him to say. And of that class of witnesses, men who
were accomplices in his robberies, I might have had a great plenty if I
had chosen to employ them; who offered of their own accord to go wherever
I chose, in order to deliver themselves from the danger of actions, and
from a connection with his crimes. I rejected the voluntary offers of all
of them. There was not only no room for a traitor, there was none even
for a deserter in my camp. Perhaps they are to be considered better accusers
than I, who do all these things; but I wish the defender of others to be
praised in my person, not the accuser. He does not dare bring in his accounts
to the treasury before Dolabella is condemned. He prevails on the senate
to grant him an adjournment; because he said that his account-books had
been sealed up by the accusers of Dolabella; just as if he had not the
power of copying them. This man is the only man who never renders accounts
to the treasury.
39. You have heard the accounts of his quaestorship rendered in three lines;
but no accounts of his lieutenancy, till he was condemned and banished
who alone could detect any error in them. The accounts of his praetorship,
which, according to the decree of the senate, he ought to have rendered
immediately on leaving office, he has not rendered to this very day. He said that
he was waiting for the quaestors to appear in the senate; just as if a praetor
could not give in his accounts without the quaestor, in the same way as the
quaestor does without the praetor, (as you did, Hortensius, and as all have
done.) He said that Dolabella obtained the same permission. The omen pleased the
conscript fathers rather than the excuse; they admitted it. But now the
quaestors have arrived some time. Why have you not rendered them now? Among the
accounts of that infamous lieutenancy and pro-quaestorship of yours, those items
occur which are necessarily set down also in the accounts of Dolabella. (An
extract is read of the account of the damages assessed against Dolabella,
praetor of the Roman people, for money received.)
The sum which Dolabella entered to Verres as having been received from
him, is less than the sum which Verres has entered as having been paid
to him by four hundred and thirty-five thousand sesterces. The sum which
Dolabella made out that Verres received less than he has put down in his
account-books, is two hundred and thirty-two thousand sesterces. Dolabella
also made out that on account of corn he had received one million and eight
hundred thousand sesterces; as to which you, O most incorruptible man,
had quite a different entry in your account-books. Hence it is that those
extraordinary gains of yours have accumulated, which we are examining into
without any guide, article by article as we can;--hence the account with
Quintus and Cnaeus Postumus Curtius, made up of many items; of which that
fellow has not one in his account-books;--hence the fourteen hundred thousand
sesterces paid to Publius Tadius at Athens, as I will prove by witnesses;—hence
the praetorship, openly purchased; unless indeed that also is doubtful,
how that man became praetor.
Oh, he was a man, indeed, of tried industry and energy, or else of a splendid
reputation for economy, or perhaps, which is however of the least importance,
for his constant attendance at our assemblies;—a man who had lived before
his quaestorship with prostitutes and pimps; who had passed his quaestorship
you yourselves know how;—who, since that infamous quaestorship, has scarcely
been three days in Rome: who, while absent, has not been out of sight,
but has been the common topic of conversation for every one on account
of his countless iniquities. He, on a sudden, the moment he came to Rome,
is made praetor for nothing! Besides that, other money was paid to buy
off accusations. To whom it was paid is, I think, nothing to me; nothing
to the matter in hand. That it was paid was at the time notorious to every
one while the occurrence was recent. O you most foolish, most senseless man, when you were
making up your accounts, and when you wanted to shirk out of the charge of
having made extraordinary gains, did you think that you would escape
sufficiently from all suspicion, if when you lent men money you did not enter
any sums as given to them, and put down no such item at all in your
account-books, while the Curtii were giving you credit in their books for all
that had been received? What good did it do you that you had not put down what
was paid to them? Did you think you were going to try your cause by the
production of no other account-books than your own?
40. However, let us now come to that splendid praetorship and to those crimes which are better known to those who are here present, than even to us who come prepared to speak after long consideration. In dealing with which, I do not doubt that I may not be able to avoid and escape from some blame on the ground of negligence. For many will say, "He said nothing of the transaction at which I was present; he never touched upon that injury which was done to me, or to my friend, transactions at which I was present." To all those who are acquainted with the wrongs this man has done—that is, to the whole Roman people—I earnestly wish to make this excuse, that it will not be out of carelessness that I shall pass over many things, but because I wish to reserve some points till I produce the witnesses, and because I think it necessary to omit some altogether with a view to brevity, and to the time my speech must take.
I will confess too, though against my will, that, as he never allowed any
moment of time to pass free from crime, I have not been able to ascertain
fully every iniquity which has been committed by him. Therefore I beg you
to listen to me with respect to the crimes of his praetorship, expecting
only to hear those mentioned, both in the matters of deciding law-suits
and of insisting on the repair of public buildings, which are thoroughly
worthy of a criminal whom it is not worth while to accuse of any small
or ordinary offenses. For when he was made praetor, leaving the house of
Chelidon after having taken the auspices, he drew the lot of the city province,
more in accordance with his own inclination and that of Chelidon, than
with the wish of the Roman people. And observe how he behaved at the very
outset,—what his intentions were as shown ["After the praetors were appointed, before they entered on the discharge
of their duties as judges, they were in the habit of issuing an edict,
setting forth the principles which they intended should govern their decisions;
and they used to do this in the public assembly after they had taken the
oath to observe the law."—Hottoman.] in his first edict.
41. Publius Annius Asellus died while Caius Sacerdos was praetor. As he
had an only daughter, and as he was not included in the census ["By the lex Voconia it was enacted, that no person who should be included in the census, after
the census of that year, BC 169, should make any female his heir."—Smith,
Dict. Ant. p. 1059], he did what nature prompted, and what no law forbade,—he appointed his
daughter heiress of all his property. His daughter was his heiress. Everything
made for the orphan; the equity of the law, the wish of the father, the
edicts of the praetors, the usage of the law which existed at the time
that Asellus died. That fellow, being praetor elect, (whether being instigated
by others, or being tempted by circumstances, or whether, from the instinctive
sagacity which he has in such matters, he came of his own accord to this
rascality, without any prompter, without any informer, I know not; you
only know the audacity and insanity of the man,) appeals to Lucius Annius
as the heir, (who indeed was appointed heir after the daughter,) for I
cannot be persuaded that Verres was appealed to by him; he says that he
can give him the inheritance by an edict; he instructs the man in what
can be done. To the one the property appeared desirable, the other thought
that he could sell it. Verres, although he is of singular audacity, still
sent privately to the young girl's mother; he preferred taking money for
not issuing any new edict, to interposing so shameful and inhuman a decree.
Her guardians, if they gave money to the
praetor in the name of their ward, especially if it were a huge sum, did not see
how they could enter it in their accounts; did not see how they could give it
except at their own risk; and at the same time they did not believe that he
would be so wicked. Being often applied to, they refused. I pray you, take
notice, how equitable a decree he issued at the will of the man to whom he was
giving the inheritance of which the children were robbed. "As I understand that
the Lex Voconia..." Who would ever believe that Verres would be an adversary of women?
or did he do something contrary to the interests of women, in order that
the whole edict might not appear to have been drawn up at the will of Chelidon.
He wishes, he says, to oppose the covetousness of men. Oh, certainly. Who,
not only in the present age, but even in the times of our ancestors, was
ever so far removed from covetousness? Recite what comes next, I beg; for
the gravity of the man, his knowledge of the law, and his authority delight
me. "Who, since the censorship of Aulus Postumius and Quintus Fulvius,
has made, or shall have made..." Has made, or shall have made! who
ever issued an edict in such a manner? Who ever proposed by an edict any
penalty or danger for an act which could not be provided for otherwise
either before the edict or after the edict?
42. Publius Annius had made his will in accordance with law, with the statutes,
with the authority of all who were consulted; a will neither improper,
nor made in disregard of any duty, nor contrary to human nature. But even
if he had made such a will as that, still, after his death no new law ought
to have been enacted which should have any effect on his will. I suppose
the Voconian law pleased you greatly? You should have imitated Quintus
Voconius himself, who did not by his law take away her inheritance from
any female whether virgin or matron, but established a law for the future,
that no one who after the year of the existing censors should be enrolled
in the census, should make either virgin or matron his heir. In the Voconian
law, there is no "has made or shall have made." Nor in any law
is time past ever implicated in blame, except in cases which are of their
own nature wicked and nefarious, so that, even if there were no law, they
would be strenuously to be avoided. And in these cases we see that many
things are established by law in such a way that things done previously
cannot be called in question—the Cornelian law the law about testaments,
the law about money, and many others, in which no new law is established
in the nation, but it is established that what has always been an evil
action shall be liable to public prosecution up to a certain time.
But if any one establishes any new regulation on any points of
civil law, does he allow everything which has been previously done to remain
unaltered? Look at the Atinian law, at the Furian law, at the Voconian law
itself, as I said before; in short, at every law on the subject of civil rights;
you will find in all of them that regulations are established which are only to
come into operation after the passing of the law. Those who attribute the
greatest importance to the edict, say that the edict of the praetor is an annual
law. You embrace more in an edict than you can in a law. If the first of January
puts an end to the edict of the praetor, why does not the edict have its birth
also on the first of January? Or, is it the case that no one can advance forward
by his edict into the year when another man is to be praetor, but that he may
retire back into the year when another man has been praetor? And if you had
published this edict for the sake of right, and not for the sake of one man, you
would have composed it more carefully.
43. You write, "If any one has made, or shall have made his heir..."
What are we to think? Suppose a man has bequeathed in legacies more than
comes to his heir or heirs, as by the Voconian law a man may do who is
not included in the census? Why do you not guard against this, as it comes
under the same class? Because in your expressions you are not thinking
of the interests of a class, but of an individual; so that it is perfectly
evident that you were influenced by a desire for money. And if you had
issued this edict with only a prospective operation, it would have been
less iniquitous; still it would have been scandalous: but in that case,
though it might have been blamed, it could not have been doubted about,
for no one would have broken it. Now it is an edict of such a sort, that
any one can see that it was written, not for the people, but for the second
heir of Publius Annius.
Therefore, though that
heading had been embellished by you with so many words, and with that mercenary
preamble, was any praetor found afterwards to draw up an edict in similar style?
Not only no one ever did publish such an edict, but no one was ever apprehensive
even of any one publishing such an edict. For after your praetorship many people
made wills in the same manner, and among them Annia did so lately. She, by the
advice of many of her relations, being a wealthy woman, because she was not
included in the census, by her will made her daughter her heiress. This, now, is
great proof of men's opinion of the singular wickedness of that fellow, that,
though Verres had established this of his own accord, yet no one was
apprehensive that any one could be found to adopt the rule which he had laid
down. For you alone were found to be a man who could not be satisfied with
correcting the wills of the living, unless you also rescinded those of the dead.
You yourself removed this clause from your Sicilian edict. You wished,
if any matters arose unexpectedly, to decide them according to your edict
as praetor of the city. The defense which you left yourself afterwards
you yourself greatly injured, when you yourself, in your provincial edict,
repudiated your own authority.
44. And I do not doubt that as this action appears bitter and unworthy
to me, to whom my daughter is very dear, it appears so also to each one
of you who is influenced by a similar feeling and love for his daughters.
For what has nature ordained to be more agreeable and more dear to us?
What is more worthy to have all our affections and all our indulgence expended
upon it? O most infamous of men, why did you do so great an injury to Publius
Annius after death? Why did you cause such indelible grief to his ashes
and bones, as to take from his children the property of their father given
to then? by the will of their father in accordance with the law and with
the statutes, and to give them to whomsoever you pleased? Shall the praetor
be able, when we are dead, to take away our property and our fortunes from
those to whom we give them while alive? He says, "I will neither give
any right of petition, nor possession." Will you, then, take away
from a young girl her purple-bordered robe? Will you take away, not only
the ornaments of her fortune, but those also denoting her noble birth?
Do we marvel that the citizens of Lampsacus flew to arms against that man?
Do we marvel that when he was leaving his province, he fled secretly from
Syracuse as if we were as indignant at what happens to others as at our
own injury there would not be a relic of that man left to appear in the
forum. The father gives to his daughter: you forbid it. The laws allow
it: yet you interpose your authority. He gives to her of his own property
in such a manner as not to infringe any law. What do you find to blame
in that? Nothing, I think. But I allow you to do so. Forbid it if you can;
if you can find any one to listen to you; if any one can possibly obey
your order. Will you take away their will from the dead,—their property
from the living,—their rights from all men? Would not the Roman people
have avenged itself by force if it had not reserved you for this occasion
and for this trial? Since the establishment of the praetorian power, we
have always adopted this principle,—that if no will was produced, then
possession was given to that person who would have had the best right to
be the heir, if the deceased had died intestate. Why this is the most righteous
principle it is easy to show; but in a matter so established by precedent
it is sufficient to point out that all men had previously laid down the
law in this way, and that this was the ancient and customary edict.
45. Listen to another new edict of the fellow in a case of frequent occurrence;
and then, while there is any place where civil law can be learnt, pray
send all the youths of Rome to his lectures. The genius of the man is marvellous;
his prudence is marvellous. A man of the name of Minucius died while he
was praetor. He left no will. By law his inheritance passed to the Minucian
family. If Verres had issued the edict which all praetors both before and
after him did issue, possession would have been given to the Minucian family.
If any thought himself heir by will, though no will was known, he might
proceed by law to put forward his claim to the inheritance; or if he had
taken security for the claim, and given security, he then proceeded to
try an action for his inheritance. This is the law which, as I imagine,
both our ancestors and we ourselves have always been accustomed to.
See, now, how that fellow amended it. He composes an edict;—such language that any one can perceive that it was written for the sake of one individual. He all but names the man; he details his whole cause; he disregards right, custom, equity, the edicts of all his predecessors. "According to the edict of the city praetor,—if any doubt arises about an inheritance, if the possessor does not give security..." What is it to the praetor which is the possessor? Is not this the point which ought to be inquired into, who ought to be the possessor? Therefore, because he is in possession, you do not remove him from the possession. If he were not in possession, you would not give him possession. For you nowhere say so; nor do you embrace anything else in your edict except that cause for which you had received money. What follows is ridiculous. "If any doubt arises about an inheritance, and if testamentary papers are produced before me, sealed with not fewer seals than are required by law, I shall adjudge the inheritance as far as possible according to the testamentary papers." So far is usual. This ought to follow next: "If testamentary papers are not produced..."
What says he? That he will adjudge it to him who says he is the heir. What, then, is the difference whether testamentary papers are produced or not? If he produces them, though they may have only one seal less than is required by law, you will not give him possession; but if he produces no such papers at all, you will. What shall I say now? That no one else ever issued a similar edict afterwards? A very marvellous thing, truly, that there should have been no one who chose to be considered like that fellow! He himself, in his Sicilian edict, has not this passage. No; for he had received his payment for it. And so in the edict which I have mentioned before, which he issued in Sicily, about giving possession of inheritances, he laid down the same rules which all the praetors at Rome had laid down besides himself. From the Sicilian edict,—"If any doubt arise about an inheritance..."
46. But, in the name of the immortal gods, what can possibly be said of this business? For I ask of you now a second time, as I did just now, with reference to the affair of Annia, about the inheritance of females,—I ask you now, I say, about the possession of inheritances,—why you were unwilling to transfer those paragraphs into your provincial edict? Did you think those men who were living in the province more worthy to enjoy just laws than we were? Or is one thing just in Rome and another in Sicily? For you cannot say in this place that there are many things in the province which require to be regulated differently from what they would if they existed at Rome; at all events not in the case of taking possession of inheritances, or of the inheritances of women. For in both these cases I see that nor only all other magistrates, but that you yourself, have issued edicts word for word the same as those which are accustomed to be issued at Rome.
The clauses which, with great disgrace and for a great bribe, you had inserted
in your edict at Rome, those alone, I see, you omitted in your Sicilian
edict, in order not to incur odium in the province for nothing. And as,
while he was praetor elect, he composed his whole edict at the pleasure
of those who bought law of him to secure their own advantage; so also,
when he had entered on his office, he used to make decrees contrary to
his edict without the slightest scruple. Therefore, Lucius Piso filled
many books with the affairs in which he had interposed his authority, because
Verres had decreed in a manner contrary to his edict. And I think that
you have not forgotten what a multitude and what respectable citizens used
to assemble before Piso's seat while that man was praetor, and unless he
had had him for a colleague, he would have been stoned in the very forum.
But his injuries at that time appeared of less importance, because there
was a refuge always ready in the justice and prudence of Piso, whom men
could apply to without any labor, or any trouble, or any expense, and even
without a patron to recommend them.
For, I entreat you, recall to your recollection, O judges, what licence that fellow took in determining the law; how great a variation there was in his decrees, what open buying and selling of justice; how empty the houses of all those men who were accustomed to be consulted on points of civil law, how full and crammed was the house of Chelidon. And when men had come from that woman to him, and had whispered in his ear, at one time he would recall those between whom he had just decided, and alter his decree; at another time he, without the least scruple, gave a decision between other parties quite contrary to the last decision which he had given only a little while before. Hence it was that men were found who were even ridiculous in their indignation; some of whom, as you have heard, said that it was not strange that such piggish [There is a pun here on the name of Verres, which means a pig, boar: and
on the name of Sacerdos, which means also a sacrificing priest.]
justice should be worthless. Others were colder; but still, because they were
angry they seemed ridiculous, while they execrated Sacerdos who had spared so
worthless a boar. And I should hardly mention these things, for they were not
extraordinarily witty, nor are they worthy of the gravity of the present
subject, if I did not wish you to recollect that his worthlessness and iniquity
were constantly in the mouths of the populace, and had become a common
proverb.
47. But shall I first speak of his arrogance towards the Roman people,
or his cruelty? Beyond all question, cruelty is the graver and more atrocious
crime. Do you think then that these men have forgotten how that fellow
was accustomed to beat the common people of Rome with rods? And indeed
a tribune of the people touched on that matter in the public assembly,
when he produced in the sight of the Roman people the man whom he had beaten
with rods. And I will give you the opportunity of taking cognizance of
that business at its proper time. But who is ignorant with what arrogance
he behaved? how he disregarded every one of a low condition, how he despised
them, how he did not account the poor to be free men at all?
Publius Trebonius made many virtuous and honorable men his heirs; and among
them his own freedman. He had had a brother, Aulus Trebonius, a proscribed
man. As he wished to make provision for him, he put down in his will, that
his heirs should take an oath to manage that not less than half of each
man's share should come to Aulus Trebonius, that proscribed brother of
his. The freedman takes the oath; the other heirs go to Verres, and point
out to him that they ought not to take such an oath; that they should be
doing what was contrary to the Cornelian law, which forbids a proscribed
man to be assisted. They obtain from him authority to refuse the oath.
He gives them possession; that I do not find fault with. Certainly it was
a scandalous thing for any part of his brother's property to be given to
a man who was proscribed and in want. But that freedman thought that he
should be committing a wickedness if he did not take the oath in obedience
to the will of his patron. Therefore Verres declares that he will not give
him possession of his inheritance, in order that he may not be able to
assist his proscribed patron; and also in order that that might serve as
a punishment for having obeyed the will of his other patron. You give possession
to him who did not take the oath. I admit your right to do so; it is a
privilege of the praetor. You take it from him who has taken the oath.
According to what precedent? He is aiding a proscribed man.
There is a law; there is a punishment established in such a case. What
is that to him who is determining the law? Do you blame him because he
assisted his patron, who was in distress at the time, or because he attended
to the wishes of his other patron, who was dead, from whom he had received
the greatest of all benefits? Which of these actions are you blaming? And
then that most admirable man, sitting on his curule chair, said this: "Can
a freedman be heir to a Roman knight of such great wealth?" O how
modest must the class of freedmen be, since he departed from that place
alive! I can produce six hundred decrees in which, even if I were not to
allege that money had interrupted justice, still the unprecedented and
iniquitous nature of the decrees themselves would prove it. But that by
one example you may be able to form your conjectures as to the rest, listen
to what you have already heard in the previous pleading.
48. There was a man called Caius Sulpicius Olympus. He died while Caius
Sacerdos was praetor. I don't know whether it was not before Verres had
begun to announce himself as a candidate for the praetorship. He made Marcus
Octavius Ligur his heir. Ligur thus entered upon his inheritance; he took
possession while Sacerdos was praetor, without any dispute. After Verres
entered on his office, in accordance with his edict, an edict such as Sacerdos
had not issued, the daughter of the patron of Sulpicius began to claim
from Ligur a sixth part of the inheritance. Ligur was absent. His brother
Lucius conducted his cause; his friends and relations were present. That
fellow Verres said that, unless the business was settled with the woman,
he should order her to take possession. Lucius Gellius defended the cause
of Ligur. He showed that his edict ought not to prevail with respect to
those inheritances which had accrued to the heirs before his praetorship;
that, if this edict had existed at that time, perhaps Ligur would not have
entered upon the inheritance at all.
This just demand, and the highest authority of influential men, was beaten
down by money. Ligur came to Rome; he did not doubt that, if he himself
had seen Verres, he should have been able to move the man by the justice
of his cause and by his own influence. He went to him to his house; he
explains the whole business; he points out to him how long ago it was that
the inheritance had come to him and, as it was easy for an able man to
do in a most just cause, he said many things which might have influenced
any one. At last he began to entreat him not to despise his influence and
scorn his authority to such an extent as to inflict such an injury upon
him. The fellow began to accuse Ligur of being so assiduous and so attentive
in a business which was adventitious, and only belonging to him by way
of inheritance. He said that he ought to have a regard for him also; that
he required a great deal himself; that the dogs whom he kept about him
required a great deal. I cannot recount those things to you more plainly
than you have heard Ligur himself relate them in his evidence.
What are we to say, then, O Verres? Are we not to give credence to even
these men as witnesses? Are these things not material to the question before
us? Are we not to believe Marcus Octavius? Are we not to believe Lucius
Ligur? Who will believe us? Who shall we believe? What is there, O Verres
which can ever be made plain by witnesses, if this is not made so? Or is
that which they relate a small thing? It is nothing less than the praetor
of the city establishing this law as long as he remains in office,--that
the praetor ought to be co-heir with all those to whom an inheritance comes.
And can we doubt with what language that fellow was accustomed to address
the rest of the citizens of an inferior rank, of inferior authority, and
of inferior fortune; with what language he was accustomed to address country
people from the municipal towns; with what language he was accustomed to
address those whom he never thought free men,—I mean, the freedmen; when
he did not hesitate to ask Marcus Octavius Ligur, a man of the highest
consideration as to position, rank, name, virtue, ability, and influence,
for money for deciding in favor of his undoubted lights?
49. And as to how he behaved in the matter of putting the public buildings
in proper repair, what shall I say? They have said, who felt it. There
are others, too, who are speaking of this. Notorious and manifest facts
have been brought forward, and shall be brought forward again. Caius Fannius,
a Roman knight, the brother of Quintus Titinius, one of your judges, has
said that he gave you money. Recite the evidence of Caius Fannius. [Read.]
Pray do not believe Caius Fannius when he says this; do not believe—you
I mean, O Quintus Titinius—do not believe Caius Fannius, your own brother.
For he is saying what is incredible. He is accusing Caius Verres of avarice
and audacity; vices which appear to meet in any one else rather than in
him. Quintus Tadius has said something of the same sort, a most intimate
friend of the father of Verres, and not unconnected with his mother, either
in family or in name. He has produced his account-books, by which he proves
that he had given him money.
Recite the particulars of the accounts of Quintus Tadius. [Read.] Recite
the evidence of Quintus Tadius. [Read.] Shall we not believe either the
account-books of Quintus Tadius, or his evidence? What then shall we follow
in coming to our decision? What else is giving all men free licence for
every possible sin and crime, if it is not the disbelieving the evidence
of the most honorable men, and the account books of honest ones? For why
should I mention the daily conversation and daily complaints of the Roman
people?—why that fellow's most impudent theft, I should rather say, his
new and unexampled robber? how he dared in the temple of Castor, in that
most illustrious and renowned monument, a temple which is placed before
the eyes and in the daily view of the Roman people, to which the senate
is often summoned, where crowded deliberations on the most momentous affairs
take place every day, why should I mention his having dared to leave in
that place, in contempt of anything any one can say, an eternal monument
of his audacity?
50. Publius Junius, O judges, had the guardianship, of the temple of Castor.
He died in the consulship of Lucius Sulla and Quintus Metellus. He left
behind him a young son under age. When Lucius Octavius and Caius Aurelius
the consuls had let out contracts for the holy temple, and were not able
to examine all the public buildings to see in what repair they were; nor
could the praetors to whom that business had been assigned, namely, Caius
Sacerdos and Marcus Caesius; a decree of the senate was passed that Caius
Verres and Publius Caelius, the praetors should examine into and decide
about those public buildings as to which no examination or decision had
yet taken place. And after this power was conferred on him, that man, as
you have learnt from Caius Fannius and from Quintus Tadius, as he had committed
his robberies in every sort of affair without the least disguise and with
the greatest effrontery, wished to leave this as a most visible record
of his robberies, which we might, not occasionally hear of, but see every
day of our lives. He inquired who was bound to deliver up the temple of Castor in good repair.
He knew that Junius himself was dead; he desired to know to whom his property
belonged. He hears that his son is under age.
The fellow, who had been in the habit of saying openly that boys and girls
who were minors were the surest prey for the praetors, said that the thing
he had so long wished for had been brought into his bosom. He thought that,
in the care of a monument of such vast size, of such laborious finish,
however sound and in however thorough a state of repair it might be, he
should certainly find something to do, and some excuse for plunder. The
temple of Castor ought to have been entrusted to Lucius Rabonius. He by
chance was the guardian of the young Junius by his father's will. An agreement
had been made between him and his ward, without any injury to either, in
what state it should be given up to him. Verres summons Rabonius to appear
before him he asks him whether there is anything which has not been handed
over to him by his ward, which might be exacted from him. When he said,
as was the case, that the delivery of the temple had been very easy for
his ward; that all the statues and presents were in their places, that
the temple itself was sound in every part; that fellow began to think it
a shameful thing if he was to give up so large a temple and so extensive
a work without enriching himself by booty, and especially by booty to be
got from a minor.
51. He comes himself into the temple of Castor; he looks all over the temple;
he sees the roof adorned all over with a most splendid ceiling, and all
the rest of the building as good as new and quite sound. He ponders; he
considers what he can do. Some one of those dogs, of whom he himself had
said to Ligur that there were a great number about him, said to him—"You,
O Verres, have nothing which you can do here, unless you like to try the
pillars by a plumb-line." The man, utterly ignorant of everything,
asks what is the meaning of the expression, "by a plumb-line."
They tell him that there is hardly any pillar which is exactly perpendicular
when tried by a plumb-line. "By my truth," says he, "that
is what we must do; let the pillars be tested by a plumb-line." Rabonius,
like a man who knew the law, in which law the number of the pillars only
is set down, but no mention made of a plumb-line, and who did not think
it desirable for himself to receive the temple on such terms, lest he should
be hereafter expected to hand it over under similar conditions, says that
he is not to be treated in that way, and that such an examination has no
right to be made. Verres orders Rabonius to be quiet, and at the same time
holds out to him some hopes of a partnership with himself in the business.
He easily overpowers him, a moderate man, and not at all obstinate in his
opinions; and so he adheres to his determination of having the pillars
examined.
This unprecedented resolve, and the unexpected calamity of the minor, is
immediately reported to Caius Mustius, the step-father of the youth, who
is lately dead; to Marcus Junius, his uncle, and to Publius Potitius, his
guardian, a most frugal man. They report the business to a man of the greatest
consideration, of the greatest benevolence and virtue, Marcus Marcellus,
who was also a guardian of the minor. Marcus Marcellus comes to Verres;
he begs of him with many arguments, in the name of his own good faith and
diligence in his office, not to endeavor to deprive Junius his ward of
his father's fortune by the greatest injustice. Verres, who had already
in hope and belief devoured that booty, was neither influenced by the justice
of Marcus Marcellus's argument, nor by his authority. And therefore he
answered that he should proceed with the examination, according to the
orders which he had given. As they found that or all applications to this
man were ineffectual, all access to him difficult, and almost impossible,
being, as he was, a man with whom neither right, nor equity, nor mercy,
nor the arguments of a relation, nor the wishes of a friend, nor the influence
of any one had any weight, they resolve that the best thing which they
could do, as indeed might have occurred to any one, was to beg Chelidon
for her aid, who, while Verres was praetor, was not only the real judge
in all civil law, and in the disputes of all private individuals, but who
was supreme also in this affair of the repairs of the public buildings.
52. Caius Mustius, a Roman knight, a farmer of the revenues, a man of the very highest honor, came to Chelidon. Marcus Junius, the uncle of the youth, a most frugal and temperate man, came to her; a man who shows his regard for his high rank by the greatest honor, and modesty, and attention to his duties. Publius Potitius, his guardian, came to her. Oh that praetorship of yours, bitter to many, miserable, scandalous? To say nothing of other points, with what shame, with what indignation, do you think that such men as these went to the house of a prostitute? men who would have encountered such disgrace on no account, unless the urgency of their duty and of their relationship to the injured youth had compelled them to do so. They came, as I say, to Chelidon. The house was full; new laws, new decrees, new decisions were being solicited: "Let him give me possession." ... "Do not let him take away from me."... "Do not let him give sentence against me." ... "Let him adjudge the property to me." Some were paying money, some were signing documents. The house was full, not with a prostitute's train, but rather with a crowd seeking audience of the praetor.
As soon as they can get access to her, the men whom I have
mentioned go to her. Mustius speaks, he explains the whole affair, he begs for
her assistance, he promises money. She answers, considering she was a
prostitute, not unreasonably: she says that she will gladly do what they wish,
and that she will talk the matter over with Verres carefully; and desires
Mustius to come again. Then they depart. The next day they go again. She says
that the man cannot be prevailed on, that he says that a vast sum can be made of
the business.
53. I am afraid that perhaps some of the people, who were not present at
the former pleading, (because these things seem incredible on account of
their consummate baseness,) may think that they are invented by me. You,
O judges, have known them before. Publius Potitius, the guardian of the
minor Junius, stated them on his oath. So did Marcus Junius, his uncle
and guardian. So would Mustius have stated them if he had been alive; but
as Mustius cannot, Lucius Domitius stated that while the affair was recent,
he heard these things stated by Mustius; and though he knew that I had
had the account from Mustius while he was alive, for I was very intimate
with him; (and indeed I defended Caius Mustius when he gained that trial
which he had about almost the whole of his property ;) though, I say,
Lucius Domitius knew that I was aware that Mustius was accustomed to tell
him all his affairs, yet he said nothing about Chelidon as long as he could
help it; he directed his replies to other points.
So great was the modesty of that most eminent young man, of that pattern
for the youth of the city, that for some time, though he was pressed by
me on that point, he would rather give any answer than mention the name
of Chelidon. At first, he said that the friends of Verres had been deputed
to mention the subject to him; at last, after a time, being absolutely
compelled to do so, he named Chelidon. Are you not ashamed, O Verres, to
have carried on your praetorship according to the will of that woman, whom
Lucius Domitius scarcely thought it creditable to him even to mention the
name of?
54. Being rejected by Chelidon, they adopt the necessary resolution of
undertaking the business themselves. They settle the business, which ought
to have come to scarcely forty thousand sesterces, with Rabonius the other
guardian, for two hundred thousand. Rabonius reports the fact to Verres;
as it seems to him the exaction has been sufficiently enormous and sufficiently
shameless. He, who had expected a good deal more, receives Rabonius with
harsh language, and says that he cannot satisfy him with such a settlement
as that. To cut the matter short, he says that he shall issue contracts
for the job. The 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 unfavorable 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 color: 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.
"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 defense of my own fortune?"
55. It 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.
If 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? That 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."
56. What 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. "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 labor 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.
But 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?
57. No 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 defense; 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. He 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 he had given out
the job, and taken securities for its execution, he returned him a hundred
and ten thousand. Now if this had been another man's money, he clearly
could not have done so. In the second place, the money was paid to Cornificius,
whom he cannot deny to have been his secretary. Lastly, the accounts of
Rabonius himself cry out loudly that the plunder was Verres's own. Read
"The items of the accounts of Rabonius."
58. Even in this place in the former pleadings Quintus Hortensius complained
that the young Junius came clad in his praetexta [The praetexta was a token of the tender age of the youth, as it was only
worn by boys under the age of seventeen, and then was exchanged by the toga
virilis.] into your presence, and stood with his uncle while he was giving his evidence; and said that I was seeking to rouse the popular feeling, and to excite odium against him, by producing the boy. What then was there, O Hortensius, to rouse the popular feeling? what was there to excite odium in that boy, I suppose, forsooth, I had brought forward the son of Gracchus, or of Saturninus, or of some man of that sort, to excite the feelings of an ignorant multitude by the mere name and recollection of his father. He was the son of Publius Junius, one of the common people of Rome; whom his dying father thought he ought to recommend to the protection of guardians and relations, and of the laws, and of the equity of the magistrates, and of your administration of justice. He, through the wicked letting out of contracts by that man, and through his nefarious robbery, being deprived of all his paternal property and fortune, came before your tribunal, if for nothing else, at least to see him through whose conduct he himself has passed many years in mourning, a little less gaily [Dressed, that is, in the mourning robe in which defendants in criminal
prosecutions usually appeared in court.] dressed than he was used to be.
Therefore, O Hortensius, it was not his age but his cause, not his dress but his fortune, that seemed to you calculated to rouse the popular feeling. Nor did it move you so much that he had come with the praetexta, as that he had come without the bulla. ["The bulla was an ornament of gold worn by children, suspended from their
necks, especially by the children of the noble and wealthy; it was worn by
children of both sexes, as a token of paternal affection and of high birth.
Instead of the bulla of gold, boys of inferior rank, including the
children of freedmen, wore only a piece of leather."—Smith, Dict. Ant. v.
Bulla.] For no one was influenced by that dress which custom and the right of
his free birth allowed him to wear. Men were indignant, and very indignant,
that the ornament of childhood which his father had given him, the proof
and sign of his good fortune, had been taken from him by that robber. Nor
were the tears which were shed for him shed more by the people than by
us, and by yourself, O Hortensius, and by those who are to pronounce sentence
in this cause. For because it is the common cause of all men, the common
danger of all men, such wickedness like a conflagration must be put out
by the common endeavors of all men. For we have little children; it is
uncertain how long the life of each individual among us may last. We, while
alive, ought to take care and provide that their desolate condition and
childhood may be secured by the strongest possible protection. For who
is there who can defend the childhood of our children against the dishonesty
of magistrates? Their mother, I suppose. No doubt, the mother of Annia,
though a most noble woman, was a great protection to her when she was left
a minor. No doubt she, by imploring the aid of gods and men, prevented
him from robbing her infant ward of her father's fortunes. Can their guardians
defend them? Very easily, no doubt, with a praetor of that sort by whom
both the arguments, and the earnestness, and the authority of Marcus Marcellus
in the cause of his ward Junius were disregarded.
59. Do we ask what he did in the distant province of Phrygia? what in the most remote parts of Pamphylia? What a robber of pirates he proved himself in war, who had been found to be a nefarious plunderer of the Roman people in the forum? Do we doubt what that man would do with respect to spoils taken from the enemy, who appropriated to himself so much plunder from the spoils of Lucius Metellus? [This temple of Castor had been vowed by Postumius, the dictator at the
battle of Lake Regillus. It was decorated with statues and other embellishments
by Lucius Metellus surnamed Dalmaticus, out of the wealth he acquired by,
and the spoils he brought back from, the war in Illyricum.] who let out a contract for whitewashing four pillars at a greater price
than Metellus paid for erecting the whole of them? Must we wait to hear
what the witnesses from Sicily say? Who has ever seen that temple who is
not a witness of your avarice, of your injustice, of your audacity? Who
has ever come from the statue of Vertumnus into the Circus Maximus, without
being reminded at every step of your avarice? for that road, the road of
the sacred cars and of such solemn processions, you have had repaired in
such a way that you yourself do not dare go by it. Can any one think that
when you were separated from Italy by the sea you spared the allies? You
who chose the temple of Castor to be the witness of your thefts which the
Roman people saw every day, and even the judges at the very moment that
they were giving their decision concerning you.
60. And he, even during his praetorship, exercised the office of judge in public cases. [The praetors appointed the judges, but had not themselves the right of sitting as judges in all criminal cases, only in a few special ones.] For even that must not be passed over. A fine was sought to be recovered from Quintus Opimius before him while praetor; who was brought to trial, as it was alleged, indeed, because while tribune of the people he had interposed his veto in a manner contrary to the Cornelian law [This law had been passed by Sulla to take away from the tribunes the power
of interposing their veto, but Pompeius restored it to them.], but, in reality, because while tribune of the people he had said something
which gave offense to some one of the nobles. And if I were to wish to
say anything of that decision, I should have to call in question and to
attack many people, which it is not necessary for me to do. I will only
say that a few arrogant men, to say the least of them, with his assistance,
ruined all the fortunes of Quintus Opimius in fun and joke.
Again; does he complain of me, because the first pleading of his cause
was brought to an end by me in nine days only; when before himself as judge.
Quintus Opimius, a senator of the Roman people, in three hours lost his
property, his position, and all his titles of honor? On account of the
scandalous nature of which decision, the question has often been mooted
in the senate of taking away the whole class of fines and sentences of
that sort. But what plunder he amassed in selling the property of Quintus
Opimius, and how openly, how scandalously he amassed it, it would take
too long to relate now. This I say,—unless I make it plain to you by the
account-books of most honorable men, believe that I have invented it all
for the present occasion. Now the man who profiting by the disaster of
a Roman senator, at whose trial he had presided while praetor, endeavored
to strip him of his spoils and carry them to his own house, has he a right
to deprecate any calamity to himself?
61. For as for the choosing of other judges by Junius [In the trial between Cluentius and Oppianicus, Junius was the presiding
judge. The imputation on him was, that he had used fraudulent tricks to
pack the tribunal, in selecting by lot the judges who were to act instead
of those who had been objected to by both parties.], of that I say nothing. For why should I? Should I venture to speak against
the lists which you produced? It is difficult to do so; for not only does
your own influence and that of the judges deter me, but also the golden
ring of your secretary. [The allusion is to the golden ring which Verres, when leaving Sicily, had publicly decreed to his secretary, as is mentioned also in the fourth oration against Verres, that "De Re Frumentaria."] I will not say that which it is difficult to prove; I will say this—which
I will prove,—that many men of the first consequence heard you say that
you ought to be pardoned for having produced a false list, for that, unless
you had guarded against it, you yourself would also have been ruined by
the same storm of unpopularity as that under which Caius Junius fell.
In this way has that fellow learnt to take care of himself and of his own safety, by entering both in his own private registers and in the public documents what had never happened; by effacing all mention of what had; and by continually taking away something, changing something (taking care that no erasure was visible), interpolating something. For he has come to such a pitch, that he cannot even find a defense for his crimes without committing other grimes. That most senseless man thought that such a substitution of his own judges also could be effected by the instrumentality of his comrade, Quintus Curtius, who was to be principal judge; and unless I had prevented that by the power of the people, and the outcries and reproaches of all men, the advantage of having judges taken from this decuria ["With the passing of special enactments for the punishment of particular
offenses was introduced the practice of forming a body of judices for the trial of such offenses as the enactments were directed against.
Thus it is said that the lex Calpurnia de pecuniis repetundis established the album
judicum, or the body out of which the judices were to be chosen. It
is not known what was the number of the judges so constituted, but it has been
conjectured that the number was three hundred and fifty, and that ten were
chosen from each tribe, and thus the origin of the phrase, decuriae
judicum is explained."—Smith, Dict. Ant. p. 531, v. Judex. ] of our body, whose influence it was desirable for me should be rendered as extensive an possible, while he was substituting others for them without any reason, and placing on the bench those whom Verres had approved.
[The rest of this oration is lost.]
Second pleading
Book 2
1. Many things, O judges, must be necessarily passed over by me, in order
that I may be able at last to speak in some manner of those matters which
have been entrusted to my good faith. For I have undertaken the cause of
Sicily; that is the province which has tempted me to this business. But
when I took upon myself this burden, and undertook the cause of Sicily,
in my mind I embraced a wider range, for I took upon myself also the cause
of my whole order—I took upon myself the cause of the Roman people; because
I thought that in that case alone could a just decision be come to, if
not only a wicked criminal was brought up, but if at the same time a diligent
and firm accuser came before the court. On which account I must the sooner
come to the cause of Sicily omitting all mention of his other thefts and
iniquities, in order that I may be able to handle it while my strength
is yet unimpaired, and that I may have time enough to dilate fully on the
business.
And before I begin to speak of the distresses of Sicily, it seems to me
that I ought to say a little of the dignity and antiquity of that province,
and of the advantage which it is to us. For as you ought to have a careful
regard for all the allies and provinces, so especially ought you to have
a regard for Sicily, O judges, for many, and those the greatest, reasons:—First,
because of all foreign nations Sicily was the first who joined herself
to the friendship and alliance of the Roman people. She was the first to
be called a province; and the provinces are a great ornament to the empire.
She was the first who taught our ancestors how glorious a thing it was
to rule over foreign nations. She alone has displayed such good faith and
such good will towards the Roman people, that the states of that island
which have once come into our alliance have never revolted afterwards,
but many of them, and those the most illustrious of them, have remained
firm to our friendship for ever. Therefore our ancestors made their first
strides to dominion over Africa from this province. Nor would the mighty
power of Carthage so soon have fallen, if Sicily had not been open to us,
both as a granary to supply us with corn, and as a harbor for our fleets.
2. Wherefore, Publius Africanus, when he had destroyed Carthage, adorned
the cities of the Sicilians with most beautiful statues and monuments,
in order to place the greatest number of monuments of his victory among
those whom he thought were especially delighted at the victory of the Roman
people. Afterwards that illustrious man, Marcus Marcellus himself, whose
valor in Sicily was felt by his enemies, his mercy by the conquered, and
his good faith by all the Sicilians, not only provided in that war for
the advantage of his allies, but spared even his conquered enemies. When
by valor and skill he had taken Syracuse, that most beautiful city, which
was not only strongly fortified by art, but was protected also by its natural
advantages—by the character of the ground about it, and by the sea—he not
only allowed it to remain without any diminution of its strength, but he
left it so highly adorned, as to be at the same time a monument of his
victory, of his clemency, and of his moderation; when men saw both what
he had subdued, and whom he had spared, and what he had left behind him.
He thought that Sicily was entitled to have so much honor paid to her,
that he did not think that he ought to destroy even an enemy's city in
an island of such allies. And therefore we have always so esteemed the
island of Sicily for every purpose, as to think that whatever she could
produce was not so much raised among the Sicilians as stored up in our
own homes. When did she not deliver the corn which she was bound to deliver,
by the proper day? When did she fail to promise us, of her own accord,
whatever she thought we stood in need of? When did she ever refuse anything
which was exacted of her? Therefore that illustrious Marcus Cato the wise
called Sicily a storehouse of provisions for our republic—the nurse of
the Roman people. But we experienced, in that long and difficult Italian
war which we encountered, that Sicily was not only a storehouse of provisions
to us, but was also an old and well-filled treasury left us by our ancestors;
for, supplying us with hides, with tunics, and with corn, it clothed, armed,
and fed our most numerous armies, without any expense at all to us.
3. What more need I say? How great are these services, O judges, which
perhaps we are hardly aware we are receiving,—that we have many wealthy
citizens, that they have a province with which they are connected, faithful
and productive to which they may easily make excursions, where they may
be welcome to engage in traffic; citizens, some of whom she dismisses with
gain and profit by supplying them with merchandise, some she retains, as
they take a fancy to turn farmers, or graziers, or traders in her land,
or even to pitch in it their habitations and their homes. And this is no
trifling advantage to the Roman people, that so vast a number of Roman
citizens should be detained so near home by such a respectable and profitable
business. And since our tributary nations and our provinces are, as it
were, farms belonging to the Roman people; just as one is most pleased
with those farms which are nearest to one, so too the suburban character
of this province is very acceptable to the Roman people. And as to the
inhabitants themselves, O judges, such is their patience their virtue,
and their frugality, that they appear to come very nearly up to the old-fashioned
manners of our country, and not to those which now prevail.
There is nothing then like the rest of the Greeks; no sloth, no luxury;
on the contrary there is the greatest diligence in all public and private
affairs, the greatest economy, and the greatest vigilance. Moreover, they
are so fond of our nation that they are the only people where neither a
publican nor a money-changer is unpopular. And they have born the injuries
of many of our magistrates with such a disposition, that they have never
till this time fled by any public resolution to the altar of our laws and
to your protection; although they endured the misery of that year which
so prostrated them that they could not have been preserved through it,
if Caius Marcellus had not come among them, by some special providence,
as it were, in order that the safety of Sicily might be twice secured by
the same family.
Afterwards, too, they experienced that terrible government of Marcus Antonius.
For they had had these principles handed down to them from their ancestors,
that the kindnesses of the Roman people to the Sicilians had been so great,
that they ought to think even the injustice of some of our men endurable.
The states have never before this man's time given any public evidence
against any one. And they would have borne even this man himself, if he
had sinned against them like a man, in any ordinary manner; or in short,
in any one single kind of tyranny. But as they were unable to endure luxury,
cruelty, avarice, and pride, when they had lost by the wickedness and lust
of one man all their own advantages, all their own rights, and all fruits
of the kindness of the senate and the Roman people, they determined either
to avenge themselves for the injuries they had suffered from that man by
your instrumentality or if they seemed to you unworthy of receiving aid
and assistance at your hands, then to leave their cities and their homes,
since they had already left their fields, having been driven out of them
by his injuries.
4. With this design all the deputations begged of Lucius Metellus that
he would come as his successor as early as possible; with these feelings,
they so often bewailed their miseries to their patrons; agitated by this
indignation, they addressed the consuls with demands, which seemed to be
not demands, but charges against that tyrant. They contrived also, by their
indignation and their tears, to draw me, whose good faith and moderation
they had experienced, almost from the employment of my life, in order to
become his accuser; an action with which both the settled plan of my life
and my inclination are utterly inconsistent (although in this business
I appear to have undertaken a cause which has more parts of defense than
of accusation in it). Lastly, the most noble men and the chief men of the
whole province have come forward both publicly and privately; every city
of the greatest authority—every city of the highest reputation—have come
forward with the greatest earnestness to prosecute its oppressor for its
injuries.
But how, O judges, have they come? It seems to me that I ought to speak before you now on behalf of the Sicilians with more freedom than perhaps they themselves wish. For I shall consult their safety rather than their inclination. Do you think that there was ever any criminal in any province defended in his absence against the inquiry into his conduct urged by his accuser, with such influence, and with such zeal? The quaestors of both provinces [Sicily had two quaestors, one for the western or Lilybaean district, one
for the Syracusan.], who were so while he was praetor, stood close to me with their forces.
Those also who succeeded them, very zealous for his interests, liberally
fed from his stores, were no less vehement against me. See how great was
his influence who had four quaestors in one province, most zealous defenders
and bulwarks of his cause; and the praetor and all his train so zealous
in his interest, that it was quite plain, that it was not Sicily, which
they had come upon when stripped bare, so much as Verres himself, who had
left it loaded, which they looked upon as their province. They began to
threaten the Sicilians, if they decreed any deputations to make statements
against him; to threaten any one who had gone on any such deputation, to
make most liberal promises to others, if they spoke well of him; to detain
by force and under guard the most damaging witnesses of his private transactions,
whom we had summoned by word of mouth to give evidence.
5. And though all this was done, yet know ye, that there was but one single
city, that, namely, of the Mamertines, which by public resolution sent
ambassadors to speak in his favor. But you heard the chief man of that
embassy, the most noble man of that state, Caius Eleius, speak on his oath,
and say, that Verres had had a transport of the largest size built at Messana,
the work being contracted for at the expense of the city. And that same
ambassador of the Mamertines, his panegyrist, said that he had not only
robbed him of his private property, but had also carried away his sacred
vessels, and the images of the Di Penates, which he had received from his
ancestors, out of his house. A noble panegyric; when the one business of
the ambassadors is discharged by two operations, praising the man and demanding
back what has been stolen by him. And on what account that very city is
friendly to him, shall be told in its proper place. For you will find that
those very things which are the causes of the Mamertines bearing him good-will,
are themselves sufficiently just causes for his condemnation. No other
city, O judges, praises him by public resolution.
The power of supreme authority has had so much influence with a very few
men, not in the cities, that either some most insignificant people of the
most miserable and deserted towns were found who would go to Rome without
the command of their people or their senate, or on the other hand, those
who had been voted as ambassadors against him, and who had received the
public evidence to deliver, and the public commission, were detained by
force or by fear. And I am not vexed at this having happened in a few instances,
in order that the rest of the cities, so numerous, so powerful, and so
wise,—that all Sicily, in short, should have all the more influence with
you when you see that they could be restrained by no force, could be hindered
by no danger, from making experiment whether the complaints of your oldest
and most faithful allies had any weight with you. For as to what some of
you may, perhaps, have heard, that he had a public encomium passed upon
him by the Syracusans, although in the former pleading you learnt from
the evidence of Heraclius the Syracusan what sort of encomium it was, still
it shall be proved to you in another place how the whole matter really
stands as far as that city is concerned For you shall see clearly that
no man has ever been so hated by any people as that man both is and has
been by the Syracusans.
6. But perhaps it is only the native Sicilians who are persecuting him:
the Roman citizens who are trading in Sicily defend him, love him, desire
his safety. First of all, if that were the case, still in this trial for
extortion, which has been established for the sake of the allies, according
to that law and forms of proceeding which the allies are entitled to, you
ought to listen to the complaints of the allies. But you were able to see
clearly in the former pleading, that many Roman citizens from Sicily, most
honorable men, gave evidence about most important transactions, both as
to injuries which they had received themselves, and injuries which they
knew had been inflicted on others. I, O judges, affirm in this way what
I know. I seem to myself to have done an action acceptable to the Sicilians
in seeking to avenge their injuries with my own labor, at my own peril,
and at the risk of incurring enmity in some quarters; and I am sure that
this which I am doing is not less acceptable to our own citizens, who think
that the safety of their rights, of their liberty, of their properties
and fortunes, consists in the condemnation of that man. On which account, while speaking of his Sicilian praetorship, I
will not object to your listening to me on this condition, that if he has been
approved of by any description of men whatever; whether of Sicilians or of our
own citizens; if he has been approved of by any class of men, whether
agriculturists, or graziers, or merchants; if he has not been the common enemy
and plunderer of all these men,—if, in short, he has ever spared any man in any
thing, then you, too, shall spare him.
Now, as soon as Sicily fell to him by lot as his province, immediately
at Rome, while he was yet in the city, before he departed, he began to
consider within himself and to deliberate with his friends, by what means
he might make the greatest sum of money in that province in one year. He
did not like to learn while he was acting, (though he was not entirely
ignorant and inexperienced in the oppression of a province,) but he wished
to arrive in Sicily with all his plans for plunder carefully thought of
and prepared. Oh how correct was the augury diffused by common report and
common conversation among the people in that province! when from his very
name men augured in a jesting way what he would do in the province. Indeed,
who could doubt, when they recollected his flight and robbery in his quaestorship—when
they considered his spoliation of temples and shrines in his lieutenancy—when
they saw in the forum the plunder of his praetorship—what sort of man he
was likely to prove in the fourth act of his villainy?
7. And that you may be aware that he inquired at Rome not only into the
different kinds of robbery which he might be able to execute, but into
the very names of his victims, listen to this most certain proof, by which
you will be able more easily to form an opinion of his unexampled impudence.
The very day on which he reached Sicily, (see now whether he was not come,
according to that omen bruited about the city,) prepared to sweep [This is another pun on the name of Verres, from its similarity in sound
to the word verro, I sweep.] the province pretty clean, he immediately sends letters from Messana to
Halesa, which I suppose he had written in Italy. For, as soon as he disembarked
from the ship, he gave orders that Dio of Halesa should come to him instantly;
saying that he wished to make inquiry about an inheritance which had come
to his son from a relation, Apollodorus Laphiro.
It was, O judges, a very large sum of money. This Dio, O judges, is now,
by the kindness of Quintus Metellus, become a Roman citizen; and in his
case it was proved to your satisfaction at the former pleading, by the
evidence of many men of the highest consideration, and by the account-books
of many men, that a million of sesterces had been paid in order that, after
Verres had inquired into the cause, in which there could no possible doubt
exist, he might have a decision in his favor;—that, besides that all herds
of the highest-bred mares were driven away, that all the plate and embroidered
robes which he had in his home were carried off; so that Quintus Dio lost
eleven hundred thousand sesterces because an inheritance had come to him,
and for no other reason. What are we to say? Who was praetor when this inheritance came to the son
of Dio? The same man who was so when hers came to Annia the daughter of
Publius Annius the senator,—the same who was so when his was left to Marcus
Ligur the senator, namely Caius Sacerdos. What are we to say? Had no one
been troublesome to Dio on the subject at the time? No more than they had
to Ligur, while Sacerdos was praetor. What then? Did any one make
any complaint to Verres? Nobody, unless perhaps you suppose that the informers
were ready for him at the strait.
8. When he was still at Rome, he heard that a very great inheritance had
come to a certain Sicilian named Dio; that the heir had been enjoined by
the terms of the will to erect statues in the forum; that, unless he erected
them, he was to be liable to forfeiture to Venus Erycina. Although they
had been erected in compliance with the will, still he; Verres, thought,
since the name of Venus was mentioned, that he could find some pretext
for making money of it. Therefore he sets up a man to claim that inheritance for Venus Erycina. For it was not (as would have been usual) the quaestor in whose province Mount Eryx was, who made the demand. A fellow of the name of Naevius Turpo is the claimant, a spy and emissary of Verres, the most infamous of all that band of informers of his, who had been condemned in the praetorship of Caius Sacerdos for many wickednesses. For the cause was such that the very praetor himself when he was seeking for an accuser, could not find one a little more respectable than this fellow. Verres acquits his man of any forfeiture to Venus, but condemns him to pay forfeit to himself. He preferred, forsooth, to have men do wrong rather than gods;—he preferred himself to extort from Dio what was contrary to law, rather than to let Venus take anything that was not due to her.
Why need I now in this place recite the evidence of Sextus Pompeius Chlorus, who pleaded Dio's cause? who was concerned in the whole business? A most honorable man, and, although he has long ago been made a Roman citizen in reward for his virtues, still the very chief man and the most noble of all the Sicilians. Why need I recite the evidence of Quintus Caecilius Dio himself, a most admirable and moderate man? Why need I recite that of Lucius Vetecilius Ligur, of Titus Manlius, of Lucius Calenus? by the evidence of all of whom this case about Dio's money was fully established. Marcus Lucullus said the same thing that he had long ago known all the facts of the tyranny practiced on Dio, through the connection of hospitality which existed between them. What? Did Lucullus, who was at that time in Macedonia, know all these things better than you, O Hortensius, who were at Rome? you to whom Dio fled for aid? you who expostulated with Verres by letter in very severe terms about the injuries done to Dio? Is an this new to you now, and unexpected? is this the first time your ears have heard of this crime?, Did you hear nothing of it from Dio, nothing from your own mother-in-law, that most admirable woman, Servilia, an ancient friend and connection of Dio's? Are not my witnesses ignorant of many circumstances which you are acquainted with? Is it not owing, not to the innocence of your client, but to the exception [It was forbidden by the Roman Law, as by our own, for the advocates to
give evidence against his clients of matters which had come to his knowledge
by confidential communication.] made by the law, that I am prevented from summoning you as a witness on
my side on this charge? [The evidence of Marcus Lucullus, of Chlorus, of
Dio is read.]
9. Does not this Venereal man, who went forth from the bosom of Chelidon
to his province, appear to you to have got a sufficiently large sum by
means of the name of Verres? Listen now to a no less shamelessly false
accusation in a case where a smaller sum was involved. Sosippus and Epicrates
were brothers of the town of Agyrium; their father died twenty-two years
ago, by whose will, if anything were done wrongly in any point, there was
to be a forfeiture of his property to Venus. In the twentieth year after
his death, though there had been in the interim so many praetors, so many
quaestors, and so many false accusers in the province, the inheritance
was claimed from the brothers in the name of Venus. Verres takes cognizance
of the cause; by the agency of Volcatius he receives money from the two
brothers, about four hundred thousand sesterces. You have heard the evidence
of many people already; the brothers of Agyrium gained their cause, but
on such terms that they left the court stripped and beggared.
10. Oh, but that money never came to Verres. What does that defense mean? is that asserted in this case, or only put out as a feeler? For to me it is quite a new light. Verres set up the accusers; Verres summoned the brother to appear before him; Verres heard the cause; Verres gave sentence. A vast sum was paid; they who paid it gained the cause; and you argue in defense “that money was not paid to Verres.” I can help you; my witnesses too say the same thing; they say they paid it to Volcatius. How did Volcatius acquire so much power as to get four hundred thousand sesterces from two men? Would any one have given Volcatius, if he had come on his own account, one half-farthing? Let him come now, let him try; no one will receive him in his house. But I say more; I accuse you of having received forty millions of sesterces contrary to law; and I deny that you have ever accounted for one farthing of that money; but when money was paid for your decrees, for your orders, for your decisions, the point to be inquired into was not into whose hand it was paid, but by whose oppression it was extorted.
Those chosen companions of yours were your hands; the prefects, the secretaries, the surgeons, the attendants the soothsayers, the criers, were your hands. The more each individual was connected with you by any relationship, or affinity, or intimacy, the more he was considered one of your bands. The whole of that retinue of yours, which caused more evil to Sicily than a hundred troops of fugitive slaves would have caused, was beyond all question your hand. Whatever was taken by any one of these men, that must be considered not only as having been given to you, but as having been paid into your own hand. For if you, O judges, admit this defense, “He did not receive it himself,” you will put an end to all judicial proceedings for extortion. For no criminal will be brought before you so guilty as not to be able to avail himself of that plea? Indeed, since Verres uses it, what criminal will ever henceforward be found so abandoned as not to be thought equal to Quintus Lucius in innocence by comparison with that man? And even now those who say this do not appear to me to be defending Verres so much as trying, in the instance of Verres, what license of defense will be admitted in other cases. And with reference to
this matter, you, O judges, ought to take great care what you do. It concerns
the chief interests of the republic, and the reputation of our order, and the
safety of the allies. For if we wish to be thought innocent, we must not only
show that we ourselves are moderate, but that our companions are so too.
11. First of all, we must take care to take those men with us who with
regard our credit and our safety. Secondly, if in the selection of men
our hopes have deceived us through friendship for the persons, we must
take care to punish them, to dismiss them. We must always live as if we
expected to have to give an account of what we have been doing. This is
what was said by Africanus, a most kind-hearted man, (but that kind-heartedness
alone is really admirable which is exercised without any risk to a man's
reputation, as it was by him,) when an old follower of his, who reckoned
himself one of his friends, could not prevail on him to take him with him
into Africa as his prefect, and was much annoyed at it.
“Do not marvel,” said he, “that you do not obtain this from me, for I have
been a long time begging a man to whom I believe my reputation to be dear,
to go with me as my prefect, and as yet I cannot prevail upon him.” And
in truth there is much more reason to beg men to go with us as our officers
into a province, if we wish to preserve our safety and our honor, than
to give men office as a favor to them; but as for you, when you were inviting
your friends into the province, as to a place for plunder, and were robbing
in company with them, and by means of them, and were presenting them in
the public assembly with golden rings, did it never occur to you that you
should have to give an account, not only of yourself, but of their actions
also? When he had acquired for himself these great and abundant gains from
these causes which he had determined to examine into himself with his council—that
is, with this retinue of his—then he invented an infinite number of expedients
for getting bold of a countless amount of money.
12. No one doubts that all the wealth of every man is placed in the power
of those men who allow [At Rome the praetor urbanus, in the provinces the propraetors and the proconsuls, decided whether there was reason for an action at law, and it they decided that there was, then they assigned judges to try the action.] trials to proceed, and of those who sit as judges at the trials, no one doubts that none of us can retain possession of his house, of his farm, or of his paternal property, if, when these are claimed by any one of you, a rascally praetor, whose judgments no one has the power of arresting, can assign any judge whom he chooses, and if the worthless and corrupt judge gives any sentence which the praetor bids him give. But if this also be added, that the
praetor assigns the trial to take place according to such a formula, that even
Lucius Octavius Balbus, if he were judge, (a man of the greatest experience in
all that belongs to the law and to the duties of a judge,) could not decide
otherwise: suppose it ran in this way:—“Let Lucius Octavius be the judge; if it
appears that the farm at Capena, which is in dispute, belongs, according to the
law of the Roman people, to Publius Servilius, that farm must be restored to
Quintus Catulus,” will not Lucius Octavius be bound, as judge, to compel Publius
Servilius to restore the farm to Quintus Catulus, or to condemn him whom he
ought not to condemn? The whole praetorian law was like that; the whole course
of judicial proceedings in Sicily was like that for three years, while Verres
was praetor. His decrees were like this:—“If he does not accept what you say
that you owe, accuse him; if he claims anything, take him to prison.”
He ordered Caius Fuficius, who claimed something, to be taken to prison;
so he did Lucius Suetius and Lucius Rucilius. His tribunals he formed in
this way:—those who were Roman citizens were to be judges, when Sicilians
ought to have been, according to their laws, those who were Sicilians were
to be judges, when Romans should have been. But that you may understand
his whole system of judicial proceedings, listen first to the laws of the
Sicilians in such uses, and then to the practices this man established.
13. The Sicilians have this law,—that if a citizen of any town has a dispute with a fellow-citizen, he is to decide it in his own town, according to the laws there existing; if a Sicilian has a dispute with a Sicilian of a different city, in that case the praetor is to assign judges of that dispute, according to the law of Publius Rupilius, which be enacted by the advice of ten commissioners appointed to consider the subject, and which the Sicilians call the Rupilian law. If an individual makes a claim in a community, or a community on an individual, the senate of some third city is assigned to furnish the judges, as the citizens of the cities interested in the litigation are rejected as judges in such a case. If a Roman citizen makes a claim on a Sicilian, a Sicilian judge is assigned; if a Sicilian makes a claim on a Roman citizen, a Roman citizen is assigned as judge: in all other matters judges are appointed selected from the body of Roman citizens dwelling in the place. In law-suits between the farmers and the tax collectors, trials are regulated by the law about corn, which they call Lex Hieronica.
All these rights were not only thrown into disorder while that man was
praetor, but indeed were openly taken away from both the Sicilians and
from the Roman citizens. First of all, their own laws with reference to
one another were disregarded. If a citizen had a dispute with another citizen,
he either assigned any one as judge whom it was convenient to himself to
assign, crier, soothsayer, or his own physician; or if a tribunal was established
by the laws, and the parties had come before one of their fellow-citizens
as the judge, that citizen was not allowed to decide without control. For,
listen to the edict issued by this man, by which edict he brought every
tribunal under his own authority: “If any one had given a wrong decision,
he would examine into the matter himself; when he had examined, he would
punish.” And when he did that, no one doubted that when the judge thought
that some one else was doing to sit in judgment on his decision, and that
he should be at the risk of his life in the matter, he would consider the
inclination of the man who he expected would presently be judging in a
matter affecting his down existence as a citizen.
Judges selected from the Roman settlers there were none; none even of the
traders in the cities were proposed as judges. The crowd of judges which
I am speaking of was the retinue, not of Quintus Scaevola, (who, however,
did not make practice of appointing judges from among his own followers,)
but of Caius Verres. And what sort of a retinue do you suppose it was when
such a man as he was its chief? You see announced in the edict, “If the
senate gives an erroneous decision....” I will prove that, if at any time
a bench of judges was taken from the senate, that also gave its decisions,
through compulsion, on his part, contrary to their own opinions. There
never was any selection of the judges by lot, according to the Rupilian
law, except when he had no interest whatever in the case. The tribunals
established in the case of many disputes by the Lex Hieronica were all
abolished by a single edict; no judges were appointed selected from the
settlers or from the traders. What great power he had you see; now learn
how he exercised it.
14. Heraclius is the son of Hiero, a Syracusan; a man among the very first
for nobility of family, and, before Verres came as praetor, one of the
most wealthy of the Syracusans; now a very poor man, owing to no other
calamity but the avarice and injustice of that man. An inheritance of at
least three millions of sesterces came to him by the will of his relation
Heraclius; the house was full of silver plate exquisitely carved, of abundance
of embroidered robes, and of most valuable slaves; things in which who
is ignorant of the insane cupidity of that man? The fact was a subject
of common conversation, that a great fortune had come to Heraclius that
Heraclius would not only be rich, but that he would be amply supplied with
furniture, plate, robes and slaves. Verres, too, hears this; and at first
he tries by the tricks and maneuvers which he is so fond of, to get him
to lend things to him to look at, which he means never to return.
Afterwards he takes counsel from some Syracusans; and they were relations
of his, whose wives too were not believed to be entirely strangers to him,
by name Cleomenes and Aeschrio. What influence they had with him, and on
what disgraceful reasons it was founded, you may understand from the rest
of the accusation. These men, as I say, give Verres advice. They tell him
that the property is a fine one, which in every sort of wealth; and that
Heraclius himself is a man advancing in years, and not very active; and
that he has no patron on whom he has any claim, or to whom he has any access
except the Marcelli; that a condition was contained in the will in which
he was mentioned as heir, that he was to erect some statues in the palaestra.
We will contrive to produce people from the palaestra to assert that they
have not been erected according to the terms of the will, and to claim
the inheritance, because they say that it is forfeited to the palaestra.
The idea pleased Verres. For he foresaw that, when such an inheritance
became disputed, and was claimed by process of law, it was quite impossible for
him not to get some plunder out of it before it was done with. He approves of
the plan; he advises them to begin to act as speedily as possible, and to attack
a man of that age, and disinclined to law-suits, with as much bluster as
possible.
15. An action is brought in due form against Heraclius. At first all marvel
at the roguery of the accusation. After a little, of those who knew Verres,
some suspected, and some clearly saw that he had cast his eyes on the inheritance.
In the mean time the day had arrived, on which he had announced in his
edict that, according to established usage, and to the Rupilian law, he
would assign judges at Syracuse. He had come prepared to assign judges
in this cause. Then Heraclius points out to him that he cannot assign judges
in his cause that day, because the Rupilian law said that they were not
to be assigned till thirty days after the action was commenced. The thirty
days had not yet elapsed; Heraclius hoped that, if he could avoid having
them appointed that day, Quintus Arrius, whom the province was eagerly
expecting, would arrive as successor to Verres before another appointment
could take place.
He postponed appointing
judges in all suits, and fixed the first day for appointing them that he legally
could after the thirty days claimed by Heraclius in his action had elapsed. When
the day arrived, he began to pretend that he was desirous to appoint the judges.
Heraclius comes with his advocates, and claims to be allowed to have the cause
between him and the men of the palaestra, that is to say, with the Syracusan
people, tried by strict law. His adversaries demand that judges be appointed to
decide on that matter of those cities which were in the habit of frequenting the
Syracusan courts. Judges were appointed, whomsoever Verres chose. Heraclius
demanded, on the other hand, that judges should be appointed according to the
provisions of the Rupilian law; and that no departure should be made from the
established usage of their ancestors, from the authority of the senate, and from
the rights of all the Sicilians.
16. Why need I demonstrate the licentious wickedness of that Verres, in the administration of justice? Who of you is not aware of it, from his administration in this city? Who ever, while he was praetor, could obtain anything by law against the will of Chelidon? The province did not corrupt that man, as it has corrupted some; he was the same man that he had been at Rome. When Heraclius said, what all men well knew, that there was an established form of law among the Sicilians by which causes between them were to be tried; that there was the Rupilian law, which Publius Rupilius, the consul, had enacted, with the advice of ten chosen commissioners; that every praetor and consul in Sicily had always observed this law. He said that he should not appoint judges according to the provisions of the Rupilian law. He appointed five judges who were most agreeable to himself.
What can you do with such a man as this? What punishment can you find worthy
of such licentiousness? Then it was prescribed to you by law, O most wicked
and most shameless man, in what way you were to appoint judges among the
Sicilians; when the authority of a general of the Roman people, when the
dignity of ten commissioners, men of the highest rank, when a positive
resolution of the senate was against you, in obedience to which resolution
Publius Rupilius had established laws in Sicily by the advice of ten commissioners;
when, before you came as praetor every one had most strictly observed the
Rupilian laws in all points, and especially in judicial matters; did you
dare to consider so many solemn circumstances as nothing in comparison
with your own plunder? Did you acknowledge no law? Had you no scruple?
no regard for your reputation? no fear of any judgment yourself? Has the
authority of no one of any weight with you? Was there no example which
you chose to follow? But, I was going to say, when these five judges had
been appointed, by no law, according to no use, with none of the proper
ceremonies, with no drawing of lots, according to his mere will, not to
examine into the cause, but to give whatever decision they were commanded,
on that day nothing more was done; the parties are ordered to appear on
the day following.
17. In the meantime Heraclius, as he sees that it is all a plot laid by
the praetor against his fortune, resolves, by the advice of his friends
and relations, not to appear before the court. Accordingly he flies from
Syracuse that night. Verres the next day, early in the morning,—for he
had got up much earlier than he ever did before,—orders the judges to be
summoned. When he finds that Heraclius does not appear, he begins to insist
on their condemning Heraclius in his absence. They expostulate with him,
and beg him, if he pleases, to adhere to the rule he had himself laid down,
and not to compel them to decide against the absent party in favor of the
party who was present, before the tenth hour. He agrees. 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 endeavors 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.
What was the meaning of that madness? Did you think that you would never
have to give an account of your actions? Did you think that such men as
these would never hear of these transactions? Is such an inheritance to
be claimed without the slightest grounds for such a claim, in order to
become the plunder of the praetor? is the name of the city to be introduced?
is the base character of a false accuser to be fixed upon an honorable
state? And not this only, but is the whole business to be conducted in
such a matter that there is to be not even the least appearance of justice
kept up? For, in the name of the immortal gods, what difference does it
make whether the praetor commands and by force compels any one to abandon
all his property, or passed a sentence by which, without any trial, he
must lose all his fortune?
18. In truth you cannot deny that you ought to have appointed judges according
to the provisions of the Rupilian law, especially when Heraclius demanded
it. If you say that you departed from the law with the consent of Heraclius,
you will entangle yourself, you will be hampered by the statement you make
in your own defense. For if that was the case, why, in the first place,
did he refuse to appear, when he might have had the judges chosen from
the proper body which he demanded? Secondly, why, after his flight, did
you appoint other judges by drawing lots, if you had appointed those who
had been before appointed, with the consent of each party? Thirdly, Marcus
Postumius, the quaestor, appointed as the other judges in the market-place;
you appointed the judges in this case alone. However, by these means, some
one will say, he gave that inheritance to the Syracusan people. In the
first place, even if I were disposed to grant that, still you must condemn
him; for it is not permitted to us with impunity to rob one man for the
purpose of giving to another.
But you will find that he despoiled that inheritance himself without making
much secret of his proceedings; that the Syracusan people, indeed, had
a great deal of the odium, a great deal of the infamy, but that another
had the profit; that a few Syracusans, those who now say that they have
come in obedience to the public command of their city, to bear testimony
in his favor, were then sharers in the plunder, and are come hither now,
not for the purpose of speaking in his favor, but to assist in the valuation
of the damages which they claim from him. After he was condemned in his
absence, possession is given to the palaestra of the Syracusans,—that is,
to the Syracusan people,—not only of that inheritance which was in question,
and which was of the value of three millions of sesterces, but also of
all Heraclius's own paternal property, which was of equal amount. What sort of a partnership in that of yours?
You take away a man's inheritance, which had come to him from a relation, had
come by will, had come in accordance with the laws; all which property, he, who
made the will, had made over to this Heraclius to have and to use as he would,
some time before he died,—of which inheritance, as he had died some time before
you became praetor, there had been no dispute, nor had any one made any mention
of it.
19. However, be it so; take away inheritances from relations, give them
to people at the palaestra; plunder other people's property in the name
of the state; overturn laws, wills, the wishes of the dead, the rights
of the living: had you any right to deprive Heraclius of his paternal property
also? And yet as soon as he fled, how shamelessly, how undisguisedly, how
cruelly, O ye immortal gods, was his property seized! How disastrous did
that business seem to Heraclius, how profitable to Verres, how disgraceful
to the Syracusans, how miserable to everybody! For the first measures which
are taken are to carry whatever chased plate there was among that property
to Verres: as for all Corinthian vessels, all embroidered robes, no one
doubted that they would be taken and seized, and carried inevitably to
his house, not only out of that house, but out of every house in the whole
province. He took away whatever slaves he pleased, others he distributed
to his friends: an auction was held, in which his invincible train was
supreme everywhere.
But this is remarkable. The Syracusans who presided over what was called
the collection of this property of Heraclius, but what was in reality the
division of it, gave in to the senate their accounts of the whole business;
they said that many pairs of goblets many silver water-ewers, much valuable
embroidered cloth, and many valuable slaves, had been presented to Verres;
they stated how much money had been given to each person by his order.
The Syracusans groaned, but still they bore it. Suddenly this item is read,—that
two hundred and fifty thousand sesterces were given to one person by command
of the praetor. A great outcry arises from every one, not only from every
virtuous man, nor from those to whom it had always seemed scandalous that
the goods of a private individual should be taken from him, by the greatest
injustice, under the name of being claimed by the people, but even the
very chief instigators of the wrong; and in some degree the partner in
the rapine and plunder, began to cry out that the man ought to have his
inheritance for himself. So great an uproar arise in the senate-house,
that the people ran to see what had happened.
20. The matter being known to the whole assembly, is soon reported at Verres's house. The man was in a rage with those who had read out the accounts,—an enemy to all who had raised the outcry; he was in fury with rage and passion. But he was at that moment unlike himself. You know the appearance of the man, you know his audacity; yet at that moment he was much disquieted by the reports circulated among the people, by their outcry, and by the impossibility of concealing the robbery of so large a sum of money. When he came to himself, he summoned the Syracusans to him, because he could not deny that money had been given him by them; he did not go to a distance to look for some one, (in which case he would not have been able to prove it,) but he took one of his nearest relations, a sort of second son [He was in fact his son-in-law elect.], and accused him of having stolen the money. He declared that he would
make him refund it; and he, after he heard that, had a proper regard for
his dignity, for his age, and for his noble birth. He addressed the senate
on the subject; he declared to them that he had nothing to do with the
business Of Verres he said what all saw to be true, and he said it plainly
enough.
Therefore, the Syracusans afterwards erected him a statue; and he himself,
as soon as he could, left Verres, and departed from the province. And yet
they say that this man complains sometimes of his misery in being weighed
down, not by his own offenses and crimes, but by those of his friends.
You had the province for three years; your son-in-law elect, a young man,
was with you one year. Your companions, gallant men, who were your lieutenants,
left you the first year. One lieutenant, Publius Tadius, who remained,
was not much with you; but if he had been always with you, he would with
the greatest care have spared your reputation, and still more would he
have spared his own. What presence have you for accusing others? What reason
have you for thinking that you can, I will not say, shift the blame of
your actions on another, but that you can divide it with another? That
two hundred and fifty thousand sesterces are refunded to the Syracusans,
and how they afterwards returned to him by the backdoor, I will make evident
to you, O judges, by documents and by witnesses.
21. And akin to this iniquity and rascality of that fellow, by which plunder, consisting of a part of that property, came to many of the Syracusans against the will of the people and senate of Syracuse, are those crimes which were committed by the instrumentality of Theomnastus, and Aeschrio, and Dionysodorus, and Cleomenes, utterly against the wish of the city; first of all in plundering the whole city, of which matter I have arranged to speak in another part of my accusation, so that, by the assistance of those men whom I have named, he carried off all the statues, all the works in ivory out of the sacred temples, all the paintings from every place, and even whatever images of the gods he fancied; secondly, that in the senate-house of the Syracusans, which they call bouleutêrion, a most honorable place, and of the highest reputation in the eyes of
the citizens, where there is a brazen statue of Marcus Marcellus himself,
(who preserved and restored that place to the Syracusans, though by the
laws of war and victory he might have taken it away,) those men erected
a gilt statue to him and another to his son; in order that, as long as
the recollection of that man remained, the Syracusan senate might never
be in the senate-house without lamentation and groaning.
By means of the same partners in his injuries, and thefts, and bribes, during his command the festival of Marcellus at Syracuse is abolished, to the great grief of the city;—a festival which they both gladly paid as due to the recent services done them by Caius Marcellus, and also most gladly gave to the family and name and race of the Marcelli. Mithridates in Asia, when he had occupied the whole of that province, did not abolish the festival of Mucius. [In honor of Quintus Mucius Scaevola, who had been praetor in that province, and had established a high character for lenity and incorruptibility.] An enemy, and he too an enemy in other respects, only too savage and barbarous,
still would not violate the honor of a name which had been consecrated
by holy ceremonies. You forbade the Syracusans to grant one day of festival
to the Marcelli, to whom they owed the being able to celebrate other days
of festival.
Oh, but you gave them a splendid day instead of it; you allowed them to
celebrate a festival in honor of Verres, and issued contracts for providing
all that would be necessary for sacrifices and banquets on that day for
many years. But in such an enormous superfluity of impudence as that man's,
it seems better to pass over some things, that we may not appear to strain
every point,—that we may not appear to have no feelings but those of indignation.
For time, voice, lungs, would fail me, if I wished now to cry out how miserable
and scandalous it is, that there should be a festive day in his name among
those people, who think themselves utterly ruined by that man's conduct.
O splendid Verrine festival! whither have you gone that you have not brought
the people cause to remember that day? In truth, what house, what city,
what temple even have you ever approached without leaving it emptied and
ruined. Let the festival, then, be fitly called Verrine [There is a recurrence here to the pun on the word verres, a boar.], and appear to be established, not from recollection of your name, but
of your covetousness and your natural disposition.
22. See, O judges, how easily injustice, and the habit of doing wrong creeps
on; see how difficult it is to check. There is a town called Bidis, an
insignificant one indeed, not far from Syracuse. By far the first man of
that city is a man of the name of Epicrates. An inheritance of five hundred
thousand sesterces had come to him from some woman who was a relation of
his, and so near a relation, that even if she had died intestate, Epicrates
must have been her heir according to the laws of Bidis. The transaction
at Syracuse which I have just mentioned was fresh in men's memories,—the
affair I mean of Heraclius the Syracusan, who would not have lost his property
if an inheritance had not come to him. To this Epicrates too an inheritance
had come, as I have said. His enemies began to consider that he too might
be easily turned out of his property by the same praetor as Heraclius had
been stripped of his by; they plan the affair secretly; they suggest it
to Verres by his emissaries.
The cause is arranged, so that the people belonging to the palaestra at
Bidis are to claim his inheritance from Epicrates, just as the men of the
Syracusan palaestra had claimed his from Heraclius. You never saw a praetor
so devoted to the interests of the palaestra. But he defended the men of
the palaestra in such a way that he himself came off with his wheels all
the better greased. In this instance Verres, as soon as he foresaw what
would happen, ordered eighty thousand sesterces to be paid to one of his
friends. The matter could not be kept entirely secret. Epicrates is informed
of it by one of those who were concerned in it. At first he began to disregard
and despise it, because the claim made against him had actually nothing
in it about which a doubt could be raised. Afterwards when he thought of
Heraclius, and recollected the licentiousness of Verres, he thought it
better to depart secretly from the province. He did so; he went to Rhegium.
23. And when this was known, they began to fret who had paid the money. They thought that nothing could be done in the absence of Epicrates. For Heraclius indeed had been present when the judges were appointed; but in the case of this man, who had departed before any steps had been taken in the action, before indeed there had been any open mention made of the dispute, they thought that nothing could be done. The men go to Rhegium; they go to Epicrates; they point out to him, what indeed he knew, that they had paid eighty thousand sesterces; they beg him to make up to them the money they themselves were out of pocket; they tell him he may take any security from them that he likes, that none of them will go to law with Epicrates about that inheritance. Epicrates reproaches the men at great length and with great severity, and dismisses them. They return from Rhegium to Syracuse; they complain to many people, as men in such a case are apt to do, that they have paid eighty thousand sesterces for nothing. The affair got abroad; it began to be the topic of every one's conversation. Verres repeats his old Syracusan trick. He says he wants to examine into that affair of the eighty thousand sesterces.
He summons many people before him. The men of Bidis say that they gave
it to Volcatius; they do not add that they had done so by his command.
He summons Volcatius; he orders the money to be refunded. Volcatius with
great equanimity brings the money, like a man who was sure to lose nothing
by it; he returns it to them in the sight of many people; the men of Bidis
carry the money away. Some one will say, “What fault then do you find with
Verres in this, who not only is not a thief himself, but who did not even
allow any one else to be one?” Listen a moment. Now you shall see that
this money which was just now seen to leave his house by the main road
returned back again by a by-path. What came next? Ought not the praetor,
having inquired into the case with the bench of judges, when he had found
out that a companion of his own, with the object of corruptly swaying the
law, the sentence, and the bench, (a matter in which the reputation of
the praetor and even his condition as a free citizen were at stake,) had
received money, and that the men of Bidis had given it, doing injury to
the fair fame and fortune of the praetor,—ought he not, I say, to have
punished both him who had taken the money, and those who had given it?
You who had determined to punish those who had given an erroneous decision,
which is often done out of ignorance, do you permit men to escape with
impunity who thought that money might be received or be paid for the purpose
of influencing your decree, your judicial decision? And yet that same Volcatius
remained with you, although he was a Roman knight, after he had such disgrace
put upon him.
24. For what is more disgraceful for a well-born man—what more unworthy
of a free man, than to be compelled by the magistrate before a numerous
assembly to restore what has been stolen; and if he had been of the disposition
of which not only a Roman knight, but every free man ought to be, he would
not have been able after that to look you in the face. He would have been
a foe, an enemy, after he had been subjected to such an insult; unless,
indeed, it had been done through collusion with you, and he had been serving
your reputation rather than his own. And how great a friend he not only
was to you then as long as he was with you in the province, but how great
a friend he is even now, when you have long since been deserted by all
the rest, you know yourself, and we can conceive. But is this the only
argument that nothing was done without his knowledge, that Volcatius was
not offended with him? that he punished neither Volcatius nor the men of
Bidis?
It is a great proof, but this is the greatest proof of all, that to those
very men of Bidis, with whom he ought to have been angry, as being the
men by whom he found out that his decree had been attempted to be influenced
by bribes, because they could do nothing against Epicrates according to
law, even if he were present,—to these very men, I say, he not only gave
that inheritance which had come to Epicrates, but, as in the case of Heraclius
of Syracuse, so too in this case, (which was even rather more atrocious
than the other, because Epicrates had actually never had any action brought
against him at all,) he gave them all his paternal property and fortune.
For he showed that if any one made a demand of any thing from an absent
person, he would hear the cause, though without any precedent for so doing.
The men of Bidis appear—they claim the inheritance. The agents of Epicrates
demand that he would either refer them to their own laws, or else appoint
judges, in accordance with the provisions of the Rupilian law. The adversaries
did not dare to say anything against this; no escape from it could be devised.
They accuse the man of having fled for the purpose of cheating them. They
demand to be allowed to take possession of his property. Epicrates did
not owe a farthing to any one. His friends said that, if any one claimed
anything from him, they would stand the trial themselves, and that they
would give security to satisfy the judgment.
25. When the whole business was getting cool, by Verres's instigation they
began to accuse Epicrates of having tampered with the public documents;
a suspicion from which he was far removed. They demand a trial on that
charge. His friends began to object that no new proceeding, that no trial
affecting his rank and reputation, ought to be instituted while he was
absent; and at the same time they did not cease to reiterate their demands
that Verres should refer them to their own laws. He, having now got ample room for false accusation, when he sees that there
is any point on which his friends refused to appear for Epicrates in his
absence, declares that he will appoint a trial on that charge before any
other. When all saw plainly that not only that money which had (to make
a presence) been sent from his house, had returned back to it, but that
he had afterwards received much more money, the friends of Epicrates ceased
to argue in his defense. Verres ordered the men of Bidis to take possession
of all his property, and to keep it for themselves.
Besides the five hundred thousand sesterces which the inheritance amounted to, his own previous fortune amounted to fifteen hundred thousand. Was the affair planned out in this way from the beginning? Was it completed in this way? Is it a very trifling sum of money? Is Verres such a man as to be likely to have done all this which I have related for nothing? Now, O judges, hear a little about the misery of the
Sicilians. Both Heraclius the Syracusan, and Epicrates of Bidis, being stripped
of all their property, came to Rome. They lived at Rome nearly two years in
mourning attire, with unshaven beard and hair. When Lucius Metellus went to the
province, then they also go back with Metellus, bearing with them letters of
high recommendation. As soon as Metellus came to Syracuse he rescinded both the
sentences—the sentence in the case of Epicrates, and that against Heraclius. In
the property of both of them there was nothing which could be restored, except
what was not able to be moved from its place.
26. Metellus had acted admirably on his first arrival, in rescinding and
making of no effect all the unjust acts of that man which he could rescind.
He had ordered Heraclius to be restored to his property; he was not restored.
Every Syracusan senator who was accused by Heraclius he ordered to be imprisoned.
And on this ground many were imprisoned. Epicrates was restored at once.
Other sentences which had been pronounced at Lilybaeum, at Agrigentum,
and at Panormus, were reviewed and reformed. Metellus showed that he did
not mean to attend to the returns which had been made while Verres was
praetor. The tithes which he had sold in a manner contrary to the Lex Hieronica,
he said that he would sell according to that law. All the actions of Metellus
went to the same point, so that he seemed to be remodeling the whole of
Verres's praetorship. As soon as I arrived in Sicily, he changed his conduct.
A man of the name of Letilius had come to him two days before, a man not
unversed in literature, so he constantly used him as his secretary. He
had brought him many letters, and, among them, one from home which had
changed the whole man. On a sudden he began to say that he wished to do
everything to please Verres; that he was connected with him by the ties
of both friendship and relationship. All men wondered that this should
now at last have occurred to him, after he had injured him by so many actions
and so many decisions. Some thought that Letilius had come as an ambassador
from Verres, to put him in mind of their mutual interests, their friendship,
and their relationship. From that time he began to solicit the cities for
testimony in favor of Verres, and not only to try to deter the witnesses
against him by threats, but even to detain them by force. And if I had
not by my arrival checked his endeavors in some degree, and striven among
the Sicilians, by the help of Glabrio's letters and of the law, I should
not have been able to bring so many witnesses into this court.
27. But, as I began to say, remark the miseries of the Sicilians. Heraclius,
whom I have mentioned, and Epicrates came forward a great distance to meet
me, with all their friends. When I came to Syracuse, they thanked me with
tears; they wished to leave Syracuse, and go to Rome in my company: because
I had many other towns left which I wanted to go to, I arranged with the
men on what day they were to meet me at Messana. They sent a messenger
to me there, that they were detained by the praetor. And though I summoned
them formally to attend and give evidence,—though I gave in their names
to Metellus,—though they were very eager to come, having been treated with
the most enormous injustice, they have not arrived yet. These are the rights
which the allies enjoy now, not to be allowed even to complain of their
distresses.
You have already heard the evidence of Heraclius of Centuripa, a most virtuous and noble young man, from whom a hundred thousand sesterces were claimed by a fraudulent and false accusation. Verres, by means of penalties and securities [The compromissum was money deposited by both parties as a security for
their obeying the decision of the judge, “though the same term was also employed
to express the engagement by which parties agreed to settle their differences by
arbitration, without the intervention of the praetor.”—Smith, Dict. Ant. p. 530,
v. Judex.] exacted, contrived to extort three hundred thousand; and the sentence which had been given in favor of Heraclius, in the affairs about which security had been given) he set aside, because a citizen of Centuripa had acted as judge between two of his fellow-citizens, and he said that he had given a false decision; he forbade him to appear in the senate, and deprived him by an interdict of all the privileges of citizens and of access to all public places. If any one struck him, he announced that he would take no cognizance of the injury; that if any claim were made on him, he would appoint a judge from his own retinue, but that he would not allow him an action on any ground whatever. And his authority in the province had just this weight, that no one did strike him, though the praetor in his province gave every one leave by word, and in reality incited them to do so; nor did any one claim anything of him, though he had given licence to false accusation by his authority; yet that heavy mark of ignominy was attached to the man as long as Verres remained in the province.
After this fear had been impressed on the judges, in a manner unexampled
and wholly without precedent, do you suppose that any matter was decided
in Sicily except according to his will and pleasure? Does this appear to
have been the only effect of it, (which effect, however, it had,) to take
his money from Heraclius? or was not this also the object, as the means
by which the greatest plunder was to be got,—to bring, under presence of
judicial decision, the property and fortune of every one into the power
of that one man?
28. But why should I seek out every separate transaction and cause in the
trials which took place on capital charges? Out of many, which are all
nearly alike, I will select those which seem to go beyond all the others
in rascality. There was a man of Halicya, named Sopater, among the first
men of his state for riches and high character. He, having been accused
by his enemies before Caius Sacerdos the praetor, on a capital charge,
was easily acquitted. The same enemies again accused this same Sopater
on the same charge before Caius Verres when he had come as successor to
Sacerdos. The matter appeared trifling to Sopater, both because he was
innocent, and because he thought that Verres would never dare to overturn
the decision of Sacerdos. The defendant is cited to appear. The cause is
heard at Syracuse. Those changes are brought forward by the accusers which
had been already previously extinguished, not only by the defense, but
also by the decision. Quintus Minucius, a Roman knight, among the first for a high and honorable
reputation, and not unknown to you, O judges, defended the cause of Sopater.
There was nothing in the cause which seemed possible to be feared, or even
to be doubted about at all. In the meantime that same Timarchides, that
fellow's attendant and freedman, who is, as you have learnt by many witnesses
at the former hearing, his agent and manager in all affairs of this sort,
comes to Sopater, and advised him not to trust too much to the decision
of Sacerdos and the justice of his cause; he tells him that his accusers
and enemies have thoughts of giving money to the praetor, but that the
praetor would rather take it to acquit; and at the same time, that he had
rather, if it were possible, not rescind a decision of his predecessor.
Sopater, as this happened to him quite suddenly and unexpectedly, was greatly
perplexed, and had no answer ready to make to Timarchides, except that
he would consider what he had best do in such a case; and at the same time
he told him that he was in great difficulties respecting money matters.
Afterwards he consulted with his friends; and as they advised him to purchase
an acquittal, he came to Timarchides. Having explained his difficulties
to him, he brings the man down to eighty thousand sesterces, and pays him
that money.
29. When the cause came to be heard, all who were defending Sopater were
without any fear or any anxiety. No crime had been committed; the matter
had been decided; Verres had received the money. Who could doubt how it
would turn out? The matter is not summed up that day; the court breaks
up; Timarchides comes a second time to Sopater. He says that his accusers
were promising a much larger sum to the praetor than what he had given,
and that if he were wise he would consider what he had best do. The man,
though he was a Sicilian, and a defendant—that is to say, though he had
little chance of obtaining justice—and was in an unfortunate position,
still would not bear with or listen to Timarchides any longer. Do, said
he, whatever you please; I will not give any more And this, too, was the
advice of his friends and defenders; and so much the more, because Verres,
however he might conduct himself on the trial, still had with him on the
bench some honorable men of the Syracusan community, who had also been
on the bench with Sacerdos when this same Sopater had been acquitted.
They considered that it was absolutely impossible for the same men, who
had formerly acquitted Sopater, to condemn him now on the same charge,
supported by the same witnesses. And so with this one hope they came before
the court. And when they came thither, when the same men came in numbers on the bench
who were used to sit there, and when the whole defense of Sopater rested
on this hope, namely, on the number and dignity of the bench of judges,
and on the fact of their being, as I have said before, the same men who
had before acquitted Sopater of the same charge, mark the open rascality
and audacity of the man, not attempted to be disguised, I will not say
under any reason, but with even the least dissimulation. He orders Marcus
Petilius, a Roman knight, whom he had with him on the bench, to attend
to a private cause in which he was judge. Petilius refused, because Verres
himself was detaining his friends whom he had wished to have with him on
the bench. He, liberal man, said that he did not wish to detain any of
the men who preferred being with Petilius. And so they all go; for the
rest also prevail upon him not to detain them, saying that they wished
to appear in favor of one or other of the parties who were concerned in
that trial. And so he is left alone with his most worthless retinue.
Minucius, who was defending Sopater, did not doubt that Verres, since he
had dismissed the whole bench, would not proceed with the investigation
of his cause that day; when all of a sudden he is ordered to state his
case. He answers, “To whom?” “To me,” says Verres, “if I appear to you
of sufficient dignity to try the cause of a Sicilian, a Greek.” “Certainly,”
says he, “you are of sufficient dignity, but I wish for the presence of
those men who were present before, and were acquainted with the case.”
“State your case,” says he; “they cannot be present.” “For in truth,” says
Quintus Minucius, “Petilius begged me also to be with him on the bench;”
and at the same time he began to leave his seat as counsel. Verres, in
a rage, attacks him with pretty violent language, and even began to threaten
him severely, for bringing such a charge, and trying to excite such odium
against him.
30. Minucius, who lived as a merchant at Syracuse, in such a way as always to bear in mind his rights and his dignity and who knew that it became him not to increase his property in the province at the expense of any portion of his liberty, gave the man such answer as seemed good to him, and as the occasion and the cause required. He said that he would not speak in defense of his client when the bench of judges was sent away and dismissed. And so he left the bar. And all the other friends and advocates of Sopater, except the Sicilians, did the same. Verres, though he is a man of incredible effrontery and audacity, yet when he was thus suddenly left alone got frightened and agitated.
He did not know what to do, or which way to turn. If he adjourned the investigation at that time, he knew that when those men were present, whom he had got rid of for the time, Sopater would be acquitted; but if he condemned an unfortunate and innocent man, (while he himself, the praetor, was without any colleagues, and the defendant without any counsel or patron,) and rescinded the decision of Caius Sacerdos, he thought that he should not be able to withstand the unpopularity of such an act. So he was quite in a fever with perplexity. He turned himself every way, not only as to his mind, but also as to his body; so that all who were present could plainly see that fear and covetousness were contending together in his heart.
There was a great crowd of people present, there was profound silence,
and eager expectation which way his covetousness was going to find vent.
His attendant Timarchides was constantly stooping down to his ear. Then
at last he said, “Come, state your case.” Sopater began to implore him
by the good faith of gods and man, to hear the cause in company with the
rest of the bench. He orders the witnesses to be summoned instantly. One
or two of them give their evidence briefly. No questions are asked. The
crier proclaims that the case is closed. Verres, as if he were afraid that
Petilius, having either finished or adjourned the private cause on which
he was engaged, might return to the bench with the rest, jumps down in
haste from his seat; he condemned an innocent man, one who had been acquitted
by Caius Sacerdos, without hearing him in his defense, by the joint sentence
of a secretary, a physician, and a soothsayer.
31. Keep, pray keep that man in the city, O judges. Spare him and preserve him, that you may have a man to assist you in judging causes; to declare his opinion in the senate on questions of war and peace, without any covetous desires. Although, indeed, we and the Roman people have less cause to be anxious as to what his opinion in the senate is likely to be: for what will be his authority? When will he have either the daring or the power to deliver his opinion? When will a man of such luxury and such indolence ever attempt to mount up to the senate-house except in the month of February? [In the month of February, as has been said before, the senate gave audience
to the deputies from foreign nations, and these deputies were accustomed
to bring rich presents to the senators who favored their respective nations.] However, let him come; let him vote war against the Cretans, liberty to
the Byzantines; let him call Ptolemy king; let him say and think everything
which Hortensius wishes him. These things do not so immediately concern
us—have not such immediate reference to the risk of our lives, or to the
peril of our fortunes.
What really is of vital importance, what is formidable, what is to be dreaded by every virtuous man, is, that if through any influence this man escapes from this trial, he must be among the judges; he must give his decision on the lives of Roman citizens; he must be standard-bearer in the army of that man [Hortensius] who wishes to possess undisputed sway over our courts of justice. This
the Roman people refuses; this it will never endure; the whole people raises
an outcry, and gives you leave, if you are delighted with these men, if
you wish from such a set to add splendor to your order, and an ornament
to the senate-house, to have that fellow among you as a senator, to have
him even as a judge in your own cases, if you choose; but men who are not
of your body, men to whom the admirable Cornelian laws do not give the
power of objecting to more than three judges, do not choose that this man,
so cruel, so wicked, so infamous should sit as judge in matters in which
they are concerned.
32. In truth, if that is a wicked action, (which appears to me to be of
all actions the most base, and the most wicked,) to take money to influence
a decision in a court of law, to put up one's good faith and religion to
auction; how much love wicked, flagitious, and scandalous is it, to condemn
a man from whom you have taken money to acquit him?—so that the praetor
does not even act up to the customs of robbers, for there is honor among
thieves. It is a sin to take money from a defendant; how much more to take
it from an accuser! how much more wicked still to take it from both parties!
When you had put up your good faith to auction in the province, he had
the most weight with you who gave you the most money.—That was natural:
perhaps some time or other some one else may have done something of the
same sort. But when you had already disposed of your good faith and of
your scruples to the one party, and had received the money, and had afterwards
sold the very same articles to his adversary for a still higher price,
are you going to cheat both, and to decide as you please? and not even
to give back the money to the party whom you have deceived?
What is the use of speaking to me of Bulbus, of Stalenus? [Bulbus and Stalenus had been judges in the action between Cluentius and Oppianicus, which had been already mentioned, and had been convicted of corruption in that trial.] What monster of this sort, what prodigy of wickedness have we ever heard of or seen, who would first sell his decision to the defendant, and afterwards decide in favor of the accuser? who would get rid of, and dismiss from the bench honorable men who were acquainted with the cause; would by himself alone condemn a defendant, who had been acquitted once from whom he had taken money, and would not restore: him his money?—Shall we have this man on the list of judges Shall he be named as judge in the second senatorial decury? Shall he be the Judge of the lives of free men? Shall a judicial tablet be entrusted to him, which he will mark not only with wax, but with blood too if it be made worth his while?
33. For what of all these things does he deny having done? That, perhaps,
which he must deny or else be silent,—the having taken the money? Why should
he not deny it? But the Roman knight who defended Sopater, who was present
at all his deliberations and at every transaction, Quintus Minucius, says
on his oath that the money was paid; he says on his oath that Timarchides
said that a greater sum was being offered by the accusers. All the Sicilians
will say the same; all the citizens of Halicya will say the same; even
the young son of Sopater will say the same, who by that most cruel man
has been deprived of his innocent father and of his father's property.
But if I
cannot make the case plain, as far as the money is concerned, by evidence, can
you deny this, or will you now deny, that after you had dismissed the rest of
the judges, after those excellent men who had sat on the bench with Caius
Sacerdos, and who were used to sit there with you, had been got rid of, you by
yourself decided a matter which had been decided before?—that the man, whom
Caius Sacerdos, assisted by a bench of colleagues, after an investigation of the
case, acquitted, you, without any bench of colleagues, without investigating the
case, condemned? When you have confessed this, which was done openly in the
forum at Syracuse, before the eyes of the whole province; then deny, if you
like, that you received money. You will be very likely to find a man, when he
sees these things which were done openly, to ask what you did secretly; or to
doubt whether he had better believe my witnesses or your defenders.
I have already said, O judges, that I shall not enumerate all that
fellow's actions which are of this sort; but that I shall select those which are
the most remarkable.
34. Listen now to another remarkable exploit of his, one that has already
been mentioned in many places, and one of such a sort that every possible
crime seems to be comprehended in that one. Listen carefully, for you will
find that this deed had its origin in covetousness, its growth in lust,
its consummation and completeness in cruelty. Sthenius, the man who is
sitting by us, is a citizen of Thermae, long since known to many by his
eminent virtue and his illustrious birth, and now known to all men by his
own misfortune and the unexampled injuries he has received from that man.
Verres having often enjoyed his hospitality, and having not only stayed
often with him at Thermae, but having almost dwelt with him there, took
away from him out of his house everything which could in any uncommon degree
delight the mind or eyes of any one.
In truth, Sthenius from his youth had collected such things as these with
more than ordinary diligence; elegant furniture of brass, made at Delos
and at Corinth, paintings, and even a good deal of elegantly wrought silver,
as far as the wealth of a citizen of Thermae could afford. And these things,
when he was in Asia as a young man, he had collected diligently, as I said,
not so much for any pleasure to himself, as for ornaments against the visits
of Roman citizens, his own friends and connections, whenever he invited
them. But after Verres got them all, some by begging for then, some by
demanding them, and some by boldly taking them, Sthenius bore it as well
as he could, but he was affected with unavoidable indignation in his mind,
at that fellow having rendered his house, which had been so beautifully
furnished and decorated, naked and empty; still he told his indignation
to no one. He thought he must bear the injuries of the praetor in silence—those
of his guest with calmness.
Meantime that man, with that covetousness of his which was now
notorious and the common talk of every one, as he took a violent fancy to some
exceedingly beautiful and very ancient statues at Thermae placed in the public
place, began to beg of Sthenius to promise him his countenance and to aid him in
taking them away. But Sthenius not only refused, but declared to him that it was
utterly impossible that most ancient statues, memorials of Publius Africanus,
should ever be taken away out of the town of the Thermitani, as long as that
city and the empire of the Roman people remained uninjured.
35. Indeed, (that you may learn at the same time both the humanity and
the justice of Publius Africanus,) the Carthaginians had formerly taken
the town of Himera, one of the first towns in Sicily for renown and for
beauty. Scipio as he thought it a thing worthy of the Roman people, that,
after the war was over, our allies should recover their property in consequence
of our victory, took care, after Carthage had been taken, that everything
which he could manage should be restored to all the Sicilians. As Himera
had been destroyed, those citizens whom the disasters of the war had spared
had settled at Thermae, on the border of the same district, and not far
from their ancient town. They thought that they were recovering the fortune
and dignity of their fathers, when those ornaments of their ancestors were
being placed in the town of Thermae.
There were many statues of brass; among them a statue
of Himera herself, of marvellous beauty, made in the shape and dress of a woman,
after the name of the town and of the river. There was also a statue of the poet
Stesichorus, aged, stooping,—made, as men think, with the most exceeding
skill,—who was, indeed, a citizen of Himera, but who both was and is in the
highest renown and estimation over all Greece for his genius. These things he
coveted to a degree of madness. There is also, which I had almost passed over, a
certain she-goat made, as even we who are skilled in these matters can judge,
with wonderful skill and beauty. These, and other works of art, Scipio had not
thrown away like a fool, in order that an intelligent man like Verres might have
an opportunity of carrying them away, but he had restored them to the people of
Thermae; not that he himself had not gardens, or a suburban villa, or some place
or other where he could put them; but, if he had taken them home, they would not
long have been called Scipio's, but theirs to whom they had come by his death.
Now they are placed in such places that it seems to me they will always seem to
be Scipio's, and so they are called.
36. When that fellow claimed those things, and the subject was mooted in
the senate, Sthenius resisted his claim most earnestly, and urged many
arguments, for he is among the first men in all Sicily for fluency of speech.
He said that it was more honorable for the men of Thermae to abandon their
city than to allow the memorials of their ancestors, the spoils of their
enemies, the gifts of a most illustrious man, the proofs of the alliance
and friendship with the Roman people, to be taken away out of their city.
The minds of all were moved. No one was found who did not agree that it
was better to die. And so Verres found this town almost the only one in
the whole world from which he could not carry off anything of that sort
belonging to the community, either by violence, or by stealth, or by his
own absolute power, or by his interest, or by bribery. But, however, all
this covetousness of his I will expose another time; at present I must
return to Sthenius.
Verres being furiously enraged against Sthenius, renounces the connection
of hospitality with him, leaves his house, and departs [The Latin is, “domo ejus emigrat, atque adeo exit, nam jam ante
migrarat.” Emigrat has only a simple meaning; exit is said of him who “goes forth without any baggage.”—Garaton.]; for, indeed, he had moved his quarters before. The greatest enemies of
Sthenius immediately invite him to their houses, in order to inflame his
mind against Sthenius by inventing lies and accusing him. And these enemies
were, Agathinus, a man of noble birth, and Dorotheus, who had married Callidama,
the daughter of that same Agathinus, of whom Verres had heard. So he preferred
migrating to the son-in-law of Agathinus. Only one night elapsed before
he became so intimate with Dorotheus, that, as one might say, they had
everything in common. He paid as great attention to Agathinus as if he
had been some connection or relation of his own. He appeared even to despise
that statue of Himera, because the figure and features of his hostess delighted
him much more.
37. Therefore he began to instigate the men to create some danger for Sthenius,
and to invent some accusation against him. They said they had nothing to
allege against him. On this he openly declared to them, and promised to
them that they might prove whatever they pleased against Sthenius if they
only laid the information before him. So they do not delay. They immediately
bring Sthenius before him; they say that the public documents have been
tampered with by him. Sthenius demands, that as his own fellow-citizens
are prosecuting him on a charge of tampering with the public documents,
and as there is a right of action on such a charge according to the laws
of the Thermitani since the senate and people of Rome had restored to the
Thermitani their city, and their territory and their laws, because they
had always remained faithful and friendly; and since Publius Rupilius had
afterwards, in obedience to a degree of the senate, given laws to the Sicilinus,
acting with the advice of ten commissioners, according to which the citizens
were to use their own laws in their actions with one another; and singe
Verres himself had the same regulation contained in his edict;—on all these
accounts, I say, he claims of Verres to refer the matter to their own laws.
That man, the justest of all
men, and the most remote from covetousness, declares that he will investigate
the affair himself, and bids him come prepared to plead his cause at the eighth
hour. It was not difficult to see what that dishonest and wicked man was
designing. And, indeed, he did not himself very much disguise it, and the woman
could not hold her tongue. It was understood that his intention was, that, after
he, without any pleading taking place, and without any witnesses being called,
had condemned Sthenius, then, infamous that he was, he should cause the man, a
man of noble birth, of mature age, and his own host, to be cruelly punished by
scourging. And as this was notorious, by the advice of his friends and
connections, Sthenius fled from there to Rome. He preferred trusting himself to
the winter and to the waves, rather than not escape that common tempest and
calamity of all the Sicilians.
38. That punctual and diligent man is ready at the eighth hour. He orders
Sthenius to be summoned; and, when he sees that he does not appear, he
begins to burn with indignation, and to go mad with rage; to dispatch [The Latin word is Venereus: the officers who attended on the Roman magistrate in Sicily were so called
from Venus Erycina, who was the patron goddess of all the west of Sicily.] officers to his house; to send horsemen in every direction about his farms and country houses,—and as he kept waiting there till some certain news could be brought to him, he did not leave the court till the third hour of the night. The next day he came down again the first thing in the morning; he calls Agathinus, he bids him make his statement about the public documents against Sthenius in his absence. It was a cause of such a character, that, even though he had no adversary in court, and a judge unfriendly to the defendant, still he could not find anything to say. So that he confined himself to the mere statement that, when Sacerdos was
praetor, Sthenius had tampered with the public documents. He had scarcely
said this when Verres gives sentence “that Sthenius seems to have tampered
with the public documents,” and, moreover, this man so devoted to Venus,
added this besides, with no precedent for, no example of, such an addition,
“For that action he should adjudge five hundred thousand sesterces to Venus
Erycina out of the property of Sthenius.” And immediately he began to sell
his property; and he would have sold it, if there had been ever so little
delay in paying him the money.
After it was paid, he was not
content with this iniquity; he gave notice openly from the seat of justice, and
from the tribunal, “That if any one wished to accuse Sthenius in his absence of
a capital charge, he was ready to take the charge.” And immediately he began to
instigate Agathinus, his new relation and host, to apply himself to such a
cause, and to accuse him. But he said loudly, in the hearing of every one, that
he would not do so, and that he was not so far an enemy to Sthenius as to say
that he was implicated in any capital crime. Just at this moment a man of the
name of Pacilius, a needy and worthless man, arrives on a sudden. He says, that
he is willing to accuse the man in his absence if he may. And Verres tells him
that he may, that it is a thing often done, and that he will receive the
accusation. So the charge is made. Verres immediately issues an edict that
Sthenius is to appear at Syracuse on the first of December. He, when he had reached Rome, and had a sufficiently prosperous voyage for so unfavorable a time of year, and had found everything more just and gentle than the disposition of the praetor, his own guest, related the whole matter to his friends, and it appeared to them all cruel and scandalous, as indeed it was.
39. Therefore Cnaeus Lentulus and Lucius Gellius the consuls immediately
propose in the senate that it be established as a law, if it so seem good
to the conscript fathers, “That men be not proceeded against on capital
charges in the provinces while they are absent.” They relate to the senate
the whole case of Sthenius, and the cruelty and injustice of Verres. Verres,
the father of the praetor, was present in the senate, and with tears begged
all the senators to spare his son, but he had not much success. For the
inclination of the senate for the proposal of the consuls was extreme.
Therefore opinions were delivered to this effect; “that as Sthenius had
been proceeded against in his absence, it seemed good to the senate that
no trial should take place in the case of an absent man; and if anything
had been done, it seemed good that it should not be ratified.”
On that day nothing could be done, because it was so late, and because
his father had found men to waste the time in speaking. Afterwards the
elder Verres goes to all the defenders and connections of Sthenius; he
begs and entreats them not to attack his son, not to be anxious about Sthenius;
he assures them that he will take care that he suffers no injury by means
of his son; that with that object he will send trustworthy men into Sicily
both by sea and land. And it wanted now about thirty days of the first
of December, on which day he had ordered Sthenius to appear at Syracuse.
The friends of Sthenius are moved; they hope that by the letters and messengers
of the father the son may be called off from his insane attempt. The cause
is not agitated any more in the senate. Family messengers come to Verres,
and bring him letters from his father before the first of December, before
any steps whatever had been taken by him in Sthenius's affair; and at the
same time many letters about the same business are brought to him from
many of his friends and intimates.
40. On this he, who had never any regard either for his duty or his danger,
or for affection, or for humanity, when put in competition with his covetousness,
did not think, as far as he was advised, that the authority of his father,
nor, as far as he was entreated, that his inclination was to be preferred
to the gratification of his own evil passions. On the morning of the first
of December, according to his edict, he orders Sthenius to be summoned.
If your father, at the request of any friend, whether influenced by kindness or wishing to curry favor with him, had made that petition to you, still the inclination of your father ought to have had the greatest weight with you; but when he begged it of you for the sake of your own safety from a capital charge, and when he had sent trustworthy men from home, and when they had come to you at a time when the whole affair was still intact, could not even then a regard, if not for affection, at least for your own safety, bring you back to duty and to common sense?
He summons the defendant. He does not answer. He summons the accuser. (Mark, I pray you, O judges; see how greatly fortune herself opposed that man's insanity, and see at the same time what chance aided the cause of Sthenius;) the accuser, Marcus Pacilius, being summoned, (I know not how it came about,) did not answer, did not appear. If Sthenius had been accused while
present, if he had been detected in a manifest crime, still, as his accuser did
not appear, Sthenius ought not to have been condemned. In truth, if a defendant
could be condemned though his accuser did not appear, I should not have come
from Vibo to Velia in a little boat through the weapons of fugitive slaves, and
pirates, and through yours, at a time when all that haste of mine at the peril
of my life was to prevent your being taken out of the list of defendants if I
did not appear on the appointed day. If then in this trial of yours that was the
most desirable thing by you,—namely, for me not to appear when I was summoned,
why did you not think that it ought also to serve Sthenius that his accuser had
not appeared? He so managed the matter that the end entirely corresponded to the
beginning; the same man against whom he had received an accusation while he was
absent, he condemns now when the accuser is absent.
41. At the very outset news was brought to him that the matter had been
agitated in the senate, (which his father also had written him word of
at great length,) that also in the public assembly Marcus Palicanus, a
tribune of the people, had made a complaint to their of the treatment of
Sthenius; lastly, that I myself had pleaded the cause of Sthenius before
this college of the tribunes of the people, as by their edict no one was
allowed to remain in Rome who had been condemned on a capital [A “capital charge” at Rome does not necessarily mean one affecting the
life of the prisoner, but his status as a free citizen. A charge which
involved infamia, disfranchisement, was res capitalis.] charge; and that when I had explained the business as I have now done to you, and had proved that this had no right to be considered a condemnation, the tribunes of the people passed this resolution, and that it was unanimously decreed by them, “That Sthenius did not appear to be prohibited by their edict from remaining in Rome.”
When this news was brought to him, he for a while was alarmed and agitated; he turned the blunt end of his pen [To turn the pen was to erase what had been written. “At one end the stilus
was sharpened to a point for scratching the characters on the wax, while
the other end, being fat and circular served to render the surface of the
tablets smooth again, and so to obliterate what had been written.”—Smith,
Dict. Ant. in v. Stilus.] on to his tablets, and by so doing he overturned the whole of his cause. For he left himself nothing which could be defended by any means whatever. For if he were to urge in his defense, “It is lawful to take a charge against an absent man, no law forbids this being done in a province,” he would seem to be putting forth a faulty and worthless defense, but still it would be some sort of a defense. Lastly, he might employ that most desperate refuge, of saying, that he had acted ignorantly; that he had thought that it was lawful. And although this is the worst defense of all, still he would seem to have said something. He erases that from his tablets which he had put down, and enters “that the charge was brought against Sthenius while he was present.”
42. Here consider in how many toils he involved himself; from which he
could never disentangle himself. In the first place, he had often and openly
declared himself in Sicily from his tribunal, and had asserted to many
people in private conversation, that it was lawful to take a charge against
an absent man; that he, for example, had done so himself—which he had.
That he was in the habit of constantly saying this, was stated at the former
pleading by Sextus Pompeius Chlorus, a man of whose virtue I have before
spoken highly; and by Cnaeus Pompeius Theodorus, a man approved of by the
judgment of that most illustrious man Cnaeus Pompeius in many most important
affairs, and, by universal consent, a most accomplished person; and by
Posides Matro of Solentum, a man of the highest rank, of the greatest reputation
and virtue. And as many as you please will tell you the same thing at this
present trial, both men who have heard it from his own mouth,—some of the
leading men of our order,—and others too who were present when the accusation
was taken against Sthenius in his absence. Moreover at Rome, when the matter
was discussed in the senate, all his friends, and among them his own father,
defended him on the ground of its being lawful so to act;—of its having
been done constantly;—of his having done what he had done according to
the example and established precedent of others.
Besides, all Sicily gives evidence of the fact which in the common petitions
of all the states has prescribed this request to the consuls, “to beg and
entreat of the conscript fathers, not to allow charges to be received against
the absent.” Concerning which matter you heard Cnaeus Lentulus, the advocate
of Sicily, and a most admirable young man, say, that the Sicilians, when
they were instructing him in their case, and pointing out to him what matters
were to be urged in their behalf before the senate, complained much of
this misfortune of Sthenius, and on account of this injustice which had
been done to Sthenius, resolved to make this demand which I have mentioned.
And as this is the ease, were you endued with such insanity and audacity,
as, in a matter so clear, so thoroughly proved,—made so notorious even
by you yourself, to dare to corrupt the public records? But how did you
corrupt them? Did you not do it in such a way that, even if we all kept
silence, still your own handwriting would be sufficient to condemn you?
Give me, it you please, the document.
Take it round to the judges; show it to them. Do you not see that the whole
of this entry, where he states that the charge was made against Sthenius
in his presence, is a correction? What was written there before? What blunder
did he correct when he made that erasure? Why, O judges, do you wait for
proofs of this charge from us? We say nothing; the books are before you,
which cry out themselves that they have been tampered with and amended.
Do you think you can possibly escape out of this business, when we are
following you up, not by any uncertain opinion, but by your own traces,
which you have left deeply printed and fresh in the public documents? Has
he decided, (I should like to know,) without hearing the cause, that Sthenius
has tampered with the public documents, who cannot possibly defend himself
from the charge of having tampered with the public documents in the case
of that very Sthenius?
43. See now another instance of madness; see how, in trying to acquit himself;
he entangles himself still more. He assigns an advocate to Sthenius.—Whom?
Any relation or intimate friend? No.—Any citizen, any honorable and noble
man of Florence? Not even that.—At least it was some Sicilian, in whom
there was some credit and dignity? Far from it.—Whom then did he assign
to him? A Roman citizen. Who can approve of this? When Sthenius was the
man of the highest rank in his city, a man of most extensive connections,
with numberless friends; when, besides, he was of the greatest influence
all over Sicily, by his own personal character and popularity; could he
find no Sicilian who was willing to be appointed his advocate? Will you
approve of this? Did he himself prefer a Roman citizen? Tell me what Sicilian,
when he was defendant in any action, ever had a Roman citizen assigned
to him as his advocate? Produce the records of all the praetors who preceded
Verres; open them.
If you find one such instance, I will then admit to you that this was done
as you have entered it in your public documents. Oh but, I suppose, Sthenius
thought it honorable to himself for Verres to choose a man for his advocate
out of the number of Roman citizens who were his own friends and connections!
Whom did he choose? Whose name is written in the records? Caius Claudius,
the son of Caius, of the Palatine tribe. I do not ask who this Claudius
is; how illustrious, how honorable, how well suited to the business, and
deserving that, because of his influence and dignity, Sthenius should abandon
the custom of all the Sicilians, and have a Roman citizen for his advocate.
I do not ask any of these questions;—for perhaps Sthenius was influenced
not by the high position of the man, but by his intimacy with him.—What?
What shall we say if there was in the whole world a greater enemy to Sthenius
than this very Caius Claudius, both constantly in old times, and especially
at this time and in this affair?—if he appeared against him on the charge
of tampering with the public documents?—if he opposed him by every means
in his power? Which shall we believe,—that an enemy of Sthenius was actually
appointed his advocate, or that you, at a time of the greatest danger to
Sthenius, made free with the name of his enemy, to ensure his ruin?
44. And that no one may have any doubt as to the real nature of the whole
transaction, although I feel sure that by this time that man's rascality
is pretty evident to you all, still listen yet a little longer. Do you
see that man with curly hair, of a dark complexion, who is looking at us
with such a countenance as shows that he seems to himself a very clever
fellow? him, I mean, who has the papers in his hand—who is writing—who
is prompting him—who is next to him. That is Caius Claudius, who in Sicily
was considered Verres's agent and interpreter, the manager of all his dirty
work, a sort of colleague to Timarchides. Now he is promoted so high that
he scarcely seems to yield to Apronius in intimacy with him; indeed he
called himself the colleague and ally not of Timarchides, but of Verres
himself.
Now doubt, if you can, that he chose that man of all the world to impose
the worthless character of a false advocate on, whom he knew to be most
hostile to Sthenius, and most friendly to himself. And will you hesitate
in this case, O judges, to punish such enormous audacity and cruelty and
injustice as that of this man? Will you hesitate to follow the example
of those judges, who, when they had condemned Cnaeus Dolabella, rescinded
the condemnation of Philodamus of Opus, because a charge had been received
against him not in his absence, which is of all things the most unjust
and the most intolerable, but after a commission had been given him by
his fellow-citizens to proceed to Rome as their ambassador? That precedent
which the judges, in obedience to the principles of equity, established
in a less important cause, will you hesitate to adopt in a cause of the
greatest consequence, especially now that it has been established by the
authority of others?
45. But who was it, O Verres, whom you treated with such great, with such
unexampled injustice? Against whom did you receive a charge in his absence?
Whom did you condemn in his absence; not only without any crime, and without
any witness, but even without any accuser? Who was it? O ye immortal gods!
I will not say your own friend,—that which is the dearest title among men.
I will not say your host,—which is the most holy name. There is nothing
in Sthenius's case which I speak of less willingly. The only thing which
I find it possible to blame him in is,—that he, a most moderate and upright
man, invited you, a man full of adultery, and crime, and wickedness, to
his house; that he, who had been and was connected by ties of hospitality
with Caius Marius, with Cnaeus Pompeius, with Caius Marcellus, with Lucius
Sisenna, your defender, and with other excellent citizens, added your name
also to that of those unimpeachable men.
On which account I make no complaint of violated hospitality, and of your
abominable wickedness in violating it; I say this not to those who know
Sthenius,—that is to say, not to any one of those who have been in Sicily;
(for no one who has is ignorant in how great authority he lived in his
own city, in what great honor and consideration among all the Sicilians;)
but I say it that those, too, who have not been in the province, may be
able to understand who he was in whose case you established such a precedent,
that both on account of the iniquity of the deed, as well as on account
of the rank of the man, it appeared scandalous and intolerable to every
one.
46. Is not Sthenius the man, he who when he had very easily obtained all the honorable offices in his city, executed them with the greatest splendor, and magnificence?—who decorated a town, not itself of the first rank, with most spacious places of public resort, and most splendid monuments, at his own expense?—on account of whose good services towards the state of Thermae, and towards all the Sicilians, a brazen tablet was set up in the senate-house at Thermae; in which mention was made of his services, and engraved at the public expense?—which tablet was torn down under your government, and is now brought hither by me, that all may know the honor in which he was held among his countrymen, and his preeminent dignity. Is this the man, who when he was accused before that most illustrious man, Cnaeus Pompeius, and when his enemies and accusers charged him, in terms calculated to excite odium against him, rather than true, of having been ill affected to the republic on account of his intimacy and his connections of hospitality with Caius Marius, was acquitted by Cnaeus Pompeius with such language as showed that, from what had come out at that very trial, Cnaeus Pompeius judged him most worthy of his own intimacy? and moreover was defended and extolled by all the Sicilians in such a manner, that Pompeius thought that by his acquittal he had earned, not only the gratitude of the man himself, but that of the whole province?
Lastly, is not he the man who had such affection towards the republic, and also such great authority among his fellow-citizens, that he alone in all Sicily, while you were praetor, did what not only no other Sicilian, but what all Sicily even could not do,—namely, prevented you from taking away any statue, any ornament, any sacred vessel, or any public property from Thermae; and that too when there were many remarkable beautiful things there, and though you coveted everything? See now, what a difference there is between you, in whose name days of
festival are kept among the Sicilians, and those splendid Verrean games,
are celebrated; to whom gilt statues are erected at Rome, presented by
the commonwealth of Sicily, as we see inscribed upon them;—see, I say,
what a difference there is between you and this Sicilian, who was condemned
by you, the patron of Sicily. Him very many cities of Sicily praise by
public resolutions in his favor, by their own evidence, by deputations
went hither with that object. You, the patron of all the Sicilians, the
solitary state of the Mamertini, the partner of your thefts and crimes,
praises publicly; and yet in such a way that, by a new process, the deputies
themselves injure your cause, though the deputation praises you. These
other states all publicly accuse you, complain of you, impeach you by letters,
by deputations, by evidence; and, if you are acquitted, think themselves
utterly ruined.
47. It is in the case of this man and of his property that you have erected
a monument of your crimes and cruelty even on Mount Eryx itself; on which
is inscribed the name Sthenius of Thermae. I saw a Cupid made of silver,
with a torch. What object had you,—what reason was there for employing
the plunder of Sthenius on that subject rather than on any other? Did you
wish it to be a token of your own cupidity, or a trophy of your friendship
and connection of hospitality with him, or a proof of your love towards
him? Men, who in their excelling wickedness are pleased not only with their
lust and pleasure itself, but also with the fame of their wickedness, do
wish to leave in many places the marks and traces of their crimes. He was burning with love of that
hostess for whose sake he had violated the laws of hospitality. He wished that
not only to be known, but also to be recorded for ever. And therefore, out of
the proceeds of that very action which he had performed, Agathinus being the
accuser, he thought that a reward was especially due to Venus, who had caused
the prosecution and the whole proceeding. I should think you grateful to the
Gods if you had given this gift to Venus, not out of the property of Sthenius,
but out of your own, as you ought to have done, especially as an inheritance had
come to you from Chelidon that very same year.
On these grounds now, even if I had not undertaken this cause at the request of all the Sicilians; if the whole province had not requested this favor of me; if my affection and love for the republic, and the injury done to the credit of our order and of the courts of justice, had not compelled me to do so; and if this had been my only reason, that you had so cruelly, and wickedly, and abominably treated my friend and connection [I have in some instances translated hospes “friend,” and oftener still “connection”] Sthenius, to whom I had formed an extraordinary attachment in my quaestorship,
of whom I had the highest possible opinion, whom while I was in the province
I knew to be most zealous and earnest for my reputation,—I should still
think I had plenty of reason to incur the enmity of a most worthless man,
in order to defend the safety and fortunes of my friend. Many men have
done the same in the times of our ancestors. Lately, too, that most eminent
man Cnaeus Domitius did so, who accused Marcus Silanus, a man of consular
rank, on account of the injuries done by him to Egritomarus of the Transalpine
country, his friend. I should think it became me to follow the example
of their good feeling and regard for their duty; and I should hold out
hope to my friends and connections to think that they would live a safer
life owing to my protection. But when the cause of Sthenius draws along
with it the common calamity of the whole province, and when many of my
friends and connections are being defended by me at the same time, both
in their public and private interests, I ought not in truth to fear that
any one can suppose that I have done what I have in undertaking this cause
under the pressure and compulsion of any motive except that of the strictest
duty.
48. And that we may at last give up speaking of the investigations made,
and the judicial proceedings conducted, and of the decisions given by that
man; and as his exploits of that class are countless, let us put some bounds
and limits to our speech and accusation. We will take a few cases of another
sort.
You have heard Quintus Varius say, that his agents paid that man a hundred and thirty thousand sesterces for a decision in his cause. You recollect that the evidence of Quintus Varius was corroborated, and that this whole affair was proved by the testimony of Caius Sacerdos, a most excellent man. You know that Cnaeus Sertius and Marcus Modius, Roman knights, and that six hundred Roman citizens besides, and many Sicilians, said that they had given that money for decisions in their causes. And why need I dilate upon this accusation when the whole matter is set plainly forth in the evidence? Why should I argue about what no one can doubt? Or will any man in the world doubt that he set up his judicial decisions for sale in Sicily, when at Rome he sold his very edict and all his decrees? and that he received money from the Sicilians in issuing extraordinary decrees, when he actually made a demand on Marcus Octavius Ligur for giving a decision on his cause? For what method of extorting money did he ever omit? What method did he fail to devise, even if it had escaped the notice of every one else? Was anything in the Sicilian states ever sought to be obtained in which there is any honor, any power, or any authority, that you did not make it a source of your own gain, and sell it to the best bidder?
49. At the former pleading evidence was given of both a public and a private
nature; deputies from Centuripa, from Halesa, from Catina, and from Panormus,
and from many other cities gave evidence; but now, also, a great many private
individuals have been examined, by whose testimony you have ascertained
that no one in all Sicily for the space of three years was ever made senator
in any city for nothing,—no one by vote, as their laws prescribe,—no one
except by his command, or by his letters; and that in the appointment of
all these senators, not only were no votes given, but there was not even
any consideration of those families from which it was lawful to select
men for that body, nor of their income, nor of their age; nor were any
other of the Sicilian laws of the slightest influence. Whoever wished to
be made a senator, though he was a boy, though he was unworthy, though
he was of a class from which it was not lawful to take senators; still,
if he paid money enough to appear in his eyes a fit man to gain his object,
so it always was. Not only the laws of the Sicilians had no influence in
this matter, but even those which had been given to them by the senate
and people of Rome had none either. For the laws which he makes who has
the supreme command given to him by the Roman people, and authority to
make laws conferred on him by the senate, ought to be considered the laws
of the senate and people of Rome.
The citizens of Halesa, who were till lately in the enjoyment of their own laws, in return for the numerous and great services and good deeds done both by themselves and by their ancestors to our republic, lately in the consulship of Lucius Licinius and Quintus Mucius, requested laws from our senate, as they had disputes among themselves about the elections into their senate. The senate, by a very honorable decree, voted that Caius Claudius Pulcher, the son of Appius the praetor, should give them laws to regulate their elections into their senate. Caius Claudius, taking as his counselors all the Marcelli who were then alive, with their advice gave laws to the men of Halesa in which he laid down many rules about the age of the men who might be elected; that no one might be under thirty years of age; about trade,—that no one engaged in it might be elected; about their income, and about all other matters; all which regulations prevailed till that man became praetor by the authority of our magistrates, and with the cordial good-will of the men of Halesa. But from him even a crier who was desirous of it, bought that rank for a sum of money, and boys sixteen and seventeen years old purchased the title of senator; and that which the men of Halesa, our most ancient and faithful allies and friends, had petitioned, and that successfully, at Rome, to have put on such a footing that it might not be lawful for men to be elected even by vote, he now made easy to be obtained by bribery.
50. The people of Agrigentum have old laws about appointing their senate,
given them by Scipio, in which the same principles are laid down, and this
one besides,—as there are two classes of Agrigentines, one of the old inhabitants,
and the other of the new,—settlers whom Titus Manlius, when praetor, had
led from other towns of the Sicilians to Agrigentum, in obedience to a
resolution of the senate;—it was provided in the laws of Scipio, that there
should not be a greater number of members of the senate taken from the
class of settlers than from the old inhabitants of Agrigentum. That man,
who had levelled all laws by bribery, and who had taken away all distinction
between things for money, not only disturbed all those regulations which
related to age, rank, and traffic, but even with respect to these two classes
of old and new inhabitants, he disturbed the proportion of their selection.
For when a senator died of the old inhabitants, and when the remaining
number of each class was equal, it was necessary, according to the laws,
that one of the original inhabitants should be elected in order that there
might be the larger number. And though this was the case, still, not only
some of the original inhabitants, but also some of the new settlers, came
to him to purchase the rank of senator.
The result is, that through bribery, one of the new men carries the day,
and gets letters of appointment from the praetor. The Agrigentines send
deputies to him to inform him of their laws, and to explain to him the
invariable usage of past years, in order that he might be aware that he
had sold that rank to one with whom he had no right even to treat on the
subject. By whose speech, as he had already received the money, he was
not in the least influenced. He did the same thing at Heraclea. For thither
also Publius Rupilius led settlers and gave them similar laws about the
appointment of the senate, and about the number of the old and new senators.
There he did not only receive money, as he did in the other cities, but
he even confused the class of the original inhabitants and of the new settlers.
51. Do not wait for me to go through all the cities of Sicily in my speech.
In this one statement I comprehend everything,—that no one could be made
a senator while he was praetor except those who had given him money. And
I carry on the same charge to all magistracies, agencies, and priesthoods;
by which acts he has not only trampled on the laws of men, but on all the
religious reverence due to the immortal gods. There is at Syracuse a law
respecting their religion, which enjoins a priest of Jupiter to be taken
by lot every year; and that priesthood is considered among the Syracusans
as the most honorable. When three men have been selected by vote out of
the three classes of citizens, the matter is decided by lot. He by his
absolute command had contrived to have his intimate friend Theomnastus
returned among the three by vote. When it came to the decision by lot,
which he could not command, men were waiting to see what he would do.
The fellow at first forbade them to elect by lot, as that seemed the easiest
way, and ordered Theomnastus to be appointed without casting lots. The
Syracusans say that cannot possibly be done, according to the reverence
due to their sacred laws; they say it would be impious. He orders the law
to be read to him. It is read. In it was written, “that as many lots were
to be thrown into the urn as there were names returned; that he whose name
was drawn was to have the priesthood.” He then, ingenious and clever man!
said, “Capital! it is written, ‘As many lots as there are names returned;’
how many names then were returned?” It is answered, “Three.” “Is there
then anything necessary except that three lots should be put in, and one
drawn out?” “Nothing.” He orders three lots to be put in, on all of which
was written the name of Theomnastus. A great outcry arises as it seemed
to every one a scandalous and infamous proceeding. And so by these means
that most honorable priesthood is given to Theomnastus.
52. At Cephalaedium there is a regular month, in which the pontifex is bound to be appointed. A man of the name of Artemo, surnamed Climachias, was desirous of that honor a man of sufficient riches to be sure, and of noble family; but he could not possibly have been appointed if a man of the name of Herodotus had been present. For that place and rank was thought to be so decidedly due to him for that year, that even Climachias could say nothing against him. The matter is referred to Verres, and is decided according to his usual fashion. Some beautiful and valuable specimens of carving are removed from Artemo's. Herodotus was at Rome; he thought that he should arrive in time enough for the comitia if he came the day before. Verres, in order that the comitia might not be held in any other month than the regular one, and that the honor might not be refused to Herodotus when he was present, (a thing which he was not anxious for, and which Climachias was very eager to avoid,) contrives, (I have said before, there is no one cleverer, and never was, in his way,)—he contrives, I say, how the comitia may be held in the regular month for them, and yet Herodotus may not be able to be present.
It is a custom of the Sicilians, and of the rest of the Greeks, because they wish their days and months to agree with the calculations as to the sun and moon, if there be any difference sometimes to take out a day, or, at most, two days from a month, which they call exairesimoi. And so also they sometimes make a month longer by a day or by two days. And when he heard of that, he, this new astronomer, who was thinking not so much of the heavens as of the heavy plate [The original puns on the resemblance between caelum, “heaven,” and
caelatum, “carved” or “chased.”], he orders (not a day to be taken out of the month, but) a month and a
half to be taken out of the year; so that the day which, as one may say,
ought to have been the thirteenth of January, became the first of March.
And that is done in spite of the remonstrances and indignation of every
one. That was the legitimate day for holding the comitia. On that day Climachias
is declared to have been elected priest. When Herodotus returns from Rome, fifteen days, as he
supposed, before the comitia, he comes on the month of the comitia, when the
comitia have been held thirty days before. Then the people of Cephalaedium voted
an intercalary month of forty-five days, in order that the rest of the months
might fall again into their proper season. If these things could be done at
Rome, no doubt he would somehow or other have contrived to have the forty-five
days between the two sets of games taken away, during which days alone this
trial could take place.
53. But now it is worth while to see how the censors were appointed in Sicily while that man was praetor. For that is the magistracy among the Sicilians, the appointments to which are made by the people with the greatest care, because all the Sicilians pay a yearly tax in proportion to their incomes; and, in making the census, the power is entrusted to the censor of making every sort of valuation, and of determining the total amount of every man's contribution. Therefore the people choose with the greatest care the man in whom they can place the greatest confidence in a matter affecting their own property; and on account of the greatness of the power, this magistracy is an object of the greatest ambition.
In such a matter, Verres did not choose to do any thing obscurely, nor
to play tricks in the drawing of lots, nor to take days out of the calendar.
He did not choose to do anything in an underhand manner, or by means of
artifice; but in order to take away the fondness and desire for honors
and ambition out of every city, feelings which usually tend to the ruin
of a state, he declared that he should appoint the censors in every city.
When the praetor announced so vast a scene of bargaining and trafficking
as that, people came to Syracuse to see him, from all quarters. The whole
of the praetor's house was on fire with the eagerness and cupidity of men;
and no wonder, when all the comitia of so many cities were packed together
into one house, and when all the ambition of an entire province was confined
in one chamber. Bribes being openly asked for, and biddings being openly
made, Timarchides appointed two censors for every city. He, by his own
labor, and by his own visits to every one, by all the trouble which he
took in this employment, achieved this, that all the money came to Verres
without his having any anxiety on his part. How much money this Timarchides
made, you cannot as yet know; for a certainty; but in what a variety of
manners, and how shamefully, he plundered people, you heard at the former
pleading, by the evidence of many witnesses.
54. But that you may not wonder how that freedman obtained so much influence
with him, I will tell you briefly what the man is; so that you may both
see the worthlessness of the man who kept such a fellow about him, especially
in that employment and position, and that you may also see the misery of
the province. In the seduction of women, and in all licentiousness and
wickedness of that character, I found this Timarchides wonderfully fitted
by nature to be subservient to his infamous lusts, and unexampled profligacy.
In finding out who people were, in calling on them, in addressing them,
in bribing them, in doing anything in matters of that sort, however cunningly,
however audaciously, however shamelessly it might be necessary to go to
work, I heard that this man could contrive admirable schemes for ensuring
success. For, as for Verres himself, he was only a man of a covetousness
ever open-mouthed, and ever threatening, but he had no ingenuity, no resources;
so that, in whatever he did of his own accord, (just as you know was the
case with him at Rome,) he seemed to rob openly rather than to cheat. But the other fellow's skill and artifice were marvellous, so that he could
hunt out and scent out with the greatest acuteness, all over the province,
whatever had happened to any one, whatever any one stood in need of. He
was able to find out, to converse with, to tamper with every one's foes,
and every one's enemies; to know the circumstances of every trial on both
sides; to ascertain men's inclinations, and power, and resources; where
it was necessary to strike terror; where it was desirable to hold out hope.
Every accuser, every informer, he had in his power, if he wished to cause trouble to any one, he did it without any difficulty. All Verres's decrees, and commands, and letters, he sold in the most skillful and cunning manner. And he was not only the minister of Verres's pleasures, he also took equally good care of himself. He not only picked up whatever money had slipped through his principal's fingers, by which he amassed great riches, but he also picked up the relics of his pleasures and of his profligacy. Therefore do not fancy that Athenio [Athenio was a Cilician slave who had headed a revolt of slaves in Sicily, A.U.C. 650. He was at last defeated and slain by the consul Aquilius, A.U.C. 651.] reigned in Sicily, for he took no city; but know ye that the runaway slave Timarchides reigned in every city of Sicily for three years; that the children, the matrons, the property, and all the fortunes of the most ancient and most devoted allies of the Roman people were all that time in the power of Timarchides. He therefore, as I say, he, Timarchides, sent censors into every city, having taken bribes for their appointment. Comitia for the election of censors, while Verres was praetor, were never held not even for the purpose of making a presence of legality.
55. This was the most shameless business of all. Three hundred denarii
were openly exacted (for this, forsooth, was permitted by the laws) from
each censor, to be paid down for the praetors statue. There were appointed
a hundred and thirty censors. They gave one sum of money for the censorship
contrary to the law; these thirty-nine thousand denarii they openly paid
down for the statue, in compliance with the laws. First of all, what was
all that money for? Secondly, why did the censors pay it to you for your
statue? I suppose there is a regular order of censors, a college of them.
They are a distinct class of men! Why, it is either cities in their capacity
of communities, that confer these honors, or men according to their classes,
as cultivators, as merchants, as ship-owners. But why to censors rather
than to aediles? Is it for any service that they have done?
Therefore, will you confess that these things were begged of you,—for you
will not dare to say they were purchased of you;—that you granted those
magistracies to men out of favor, and not with a new to the interests of
the republic? And when you confess this, will any one doubt that you incurred
that unpopularity held hatred among the different tribes of that province,
not out of ambition, nor for the sake of doing a kindness to any one, but
with the object of procuring money? Therefore those censors did the same thing that those do in our
republic, who have got offices by bribery; they took care to use their power so
as to fill up again that gap in their property. The census was so taken, when
you were praetor, that the affairs of no state whatever could be administered
according to such a census. For they made a low return of the incomes of all the
richest men, and exaggerated that of each poor man. And so in levying the taxes
so heavy a burden was laid upon the common people, that even if the men
themselves said nothing, the facts alone would discredit that census, as may
easily be understood from the circumstances themselves.
56. For Lucius Metellus who, after I came into Sicily for the sake of prosecuting
my injuries, became on a sudden after the arrival of Letilius not only
the friend of Verres, but even his relative; because he saw that that census
could not possibly stand, ordered that former one to be attended to which
had been when that most gallant and upright man, Sextus Peducaeus, was
praetor. For at that time there were censors made according to the laws,
elected by their cities, in whose case, if they did anything wrong, punishments
were appointed by the law. But when you were praetor, how could the censor
either fear the law, by which he was not bound, since he had not been created
by the law; or fear your reproof for having sold what he had bought of
you? Let Metellus now detain my witnesses—let him compel others to praise
him, as he has attempted in many instances; only let him do what he is
doing. For whoever was treated by any one with such insult, with so much
ignominy?
Every fifth year a census is taken of all Sicily. A census was taken when
Peducaeus was praetor. When the five years had elapsed in your praetorship,
a census was taken again. The next year Lucius Metellus forbids any mention
to be made of your census; he says that censors must be created afresh;
and in the meantime he orders the census of Peducaeus to be attended to.
If an enemy of yours had done this to you, although the province would
have borne it with great equanimity, still it would have seemed the severe
decision of an enemy. A new friend, a voluntary relation did it. For he
could not do otherwise, if he wished to retain the province in its allegiance,
if he wished to live himself in safety in the province.
57. Are you waiting to see what these men also will decide? If he had deprived
you of your office, he would have treated you with less insult, than when
he abrogated and annulled the things which you had done in your office.
Nor did he behave in this way in that matter alone, but he had done the
same in many other matters of the greatest importance, before I arrived
in Sicily. For he ordered your friends, the palaestra people, to restore
his property to Heraclius the Syracusan, and the people of Bidis to restore
his property to Epicrates, and Appius Claudius his to his ward at Drepanum;
and, if Letilius had not arrived in Sicily with letters a little too soon,
in less than thirty days Metellus would have annulled your whole three
years' praetorship.
And, since I have spoken of that money which the censors paid
to you for your statue, it seems to me that I ought not to pass over that method
of raising money, which you exacted from the cities on presence of erecting
statues. For I see that the sum total of that money is very large, amounting to
a hundred and twenty thousand sesterces. This much is proved by the evidence and
letters of the cities. And he admits that, and indeed he cannot say otherwise.
What sort of conduct then are we to think that which he denies, when these
actions which he confesses are so infamous? For what do you wish to be believed?
That all that money was spent in statues?—Suppose it was. Still this is by no
means to be endured, that the allies should be robbed of so much money, in order
that statues of a most infamous robber may be placed in every alley, where it
appears scarcely possible to pass in safety.
58. But where in the world, or on what statues, was that enormous sum of
money spent? It will be spent, you will say. Let us, forsooth, wait for
the recurrence of that regular five years. If in this interval he has not
spent it then at last we will impeach him for embezzlement in the article
of statues. He is brought before the court as a criminal on many most important
charges. We see that a hundred and twenty thousand sesterces have been
taken on this one account. If you are condemned, you will not, I presume,
trouble yourself about having that money spent on statues within five years.
If you are acquitted, who will be so insane as to attack you in five years'
time on the subject of the statues, after you have escaped from so many
and such grave charges? If, therefore, this money has not been spent as
yet, and if it is evident that it will not be spent, we may understand
that a plan has been found out by which he may take and appropriate to
himself a hundred and twenty thousand sesterces at one swoop, and by which
others too, if this is sanctioned by you, may take as large sums as ever
they please on similar grounds; so that we shall appear not to deter men
from taking money, but, as we approve of some methods of taking money,
we shall seem rather to be giving decent names to the basest actions.
In truth, suppose, for example, that Caius Verres had demanded a hundred
and twenty thousand sesterces from the people of Centuripa, and had taken
this money from them; there would have been no doubt, I conceive, that,
if that were proved, he must have been condemned.—What then? Suppose he
demanded three hundred thousand sesterces of the same people; and compelled
them to give them, and carried them off? Shall he be acquitted because
it was entered in the accounts that that money was given for statues? I
think not; unless, indeed, our object is to create, not an unwillingness
to take money on the part of our magistrates, but a cause for giving it
on the part of our allies. But if statues are a great delight to any one,
and if any one is greatly attracted by the honor and glory of having them
raised to him, still he must lay down these rules; first of all, that he
must not take to his own house the money given for those purposes; secondly,
that there must be some limit to those statues; and lastly, that at all
events they must not be exacted from unwilling people.
59. And concerning the embezzlement of the money, I ask of you whether
the cities themselves were accustomed to let out contracts for erecting
statues to the man who would take the contract on the best terms, or to
appoint some surveyor to superintend the erection of the statues, or to
pay the money to you, or to any one whom you appointed? For the statues
were erected under the superintendence of those men by whom that honor
was paid to you—I am glad to hear it; but, if that money was paid to Timarchides,
cease I beg of you, to pretend that you were desirous of glory and of monuments
when you are detected is so evident a robbery. What then? Is there to be
no limit to statues? But there must be.
Indeed, consider the matter in this way. The city of Syracuse (to speak
of that city in preference to others) gave him a statue;—it is an honor:
and gave his father one;—a pretty and profitable picture of affection:
and gave his son one;—this may be endured, for they did not hate the boy:
still how often, and for how many individuals will you take statues from
the Syracusans? You accepted one to be placed in the forum. You compelled
them to place one in the senate-house. You ordered them to contribute money
for those statues which were to be erected at Rome. You ordered that the
same men should also contribute as agriculturists, they did so. You ordered
the same men also to pay their contribution to the common revenue of Sicily;
even that they did also. When one city contributed money on so many different
presences, and when the other cities did the same, does not the fact itself
warn you to think that some bounds must be put to this covetousness?
But if no city did this of its own accord; if all of them only paid you
this money for statues because they were induced to do so by your command,
by fear, by force, by injury; then, O ye immortal gods, can it be doubtful
to any one, that, even if any one were to establish a law, that it was
allowable to accept money for statues, still he would also establish one,
that at all events it was not allowable to extort it? First, therefore,
I will cite the whole of Sicily as a witness on this point; and Sicily
declares to me with one voice that an immense sum of money was extorted
from her by force under the name of providing statues. For the deputations
of all the cities, in their common petitions—nearly all of which have arisen
from your injuries,—have inserted this demand also; “that they might not
for the future promise statues to any one till he had left the province.”
60. There have been many praetors in Sicily. Often, in the times of our
ancestors, the Sicilians have approached the senate; often in the memory
of the present generation; but it is your praetorship that has introduced
and originated a new kind of petition. For what else is so strange, not
only in the matter but in the very form of the petition? For other points
which occur in the same petitions with reference to your injuries, are
indeed novel, but still they are not urged in a novel manner. The Sicilians
beg and entreat of the conscript fathers that our magistrates may henceforth
sell the tenths according to the law of Hiero. You were the first who had
sold them in a way contrary to that law.—That they may not put a money
value on the corn which is ordered for the public granary.
This, too, is now requested for the first time on account of your three
denarii: but that kind of petition is not unprecedented.—That a charge
be not taken against any one in his absence. This has arisen from the misfortune
of Sthenius, and your tyranny.—I will not enumerate the other points. All
the demands of the Sicilians are of such a nature that they look like charges
collected against you alone as a criminal. Still all these, though they
refer to new injuries, preserve the ordinary form of requests. But this
request about the statues must seem ridiculous to the man who is not acquainted
with the facts and with the meaning of it; for they entreat that they may
not be compelled to erect statues;—what then? That they may not be allowed
to do so;—what does this mean? Do you request of me not to be allowed to
do what it depends on yourself to do or not? Ask rather that no one may
compel you to promise a statue, or to erect one against your will. I shall
do no good, says he; for they will all deny that they compelled me to do
so: if you wish for my preservation, put this violence on me,—that it may
be utterly illegal for me to make such a promise. It is from your praetorship
that such a request as this has taken its rise; and those who employ it,
intimate and openly declare that they, entirely against their will, contributed
money for your statues, being compelled by fear and violence. Even suppose
they did not say this, still, would it not be impossible for you to avoid
confessing it? See and consider what defense you are going to adopt; for
then you will understand that you must confess this about the statues.
61. For I am informed that your cause is planned out in this way by your advocates, men of great ingenuity, and that you are instructed and trained by them in this way; that, as each influential and honorable man from the province of Sicily gives an energetic testimony against you, as many of the lending Sicilians have already done to a great extent, you are immediately to say to your defenders, “That man is an enemy of mine because he is an agriculturist. And so, I suppose, you have it in your mind to set aside the class of agriculturists, saving that they have come with a hostile and inimical disposition towards Verres because he was a little strict in collecting the tenths. The agriculturists, then, are all your enemies, all your adversaries. There is not one of them who does not wish you dead. Altogether you are admirably well off, when that order and class of men which is the most virtuous and honorable, by which both the republic in general, and most especially that province upheld, as fixedly hostile to you.
However, be it so; another time we will consider of the disposition of the agriculturists and of their injuries. For the present I assume, what you grant me, that they are most hostile to you. You say, forsooth, on account of the tenths. I grant that; I do not inquire whether they are enemies with or without reason. What then is the meaning of those gilt equestrian statues which greatly offend the feelings and eyes of the Roman people, near the temple of Vulcan? For I see an inscription on them stating that the agriculturists had presented one of them. If they gave this statue to do you honor, they are not your enemies. Let us believe the witnesses; for then they were consulting your honor, now they are regarding their own consciences. But if they presented the statues under the compulsion of fear, you must confess that you exacted money in the province on account of statues by violence and fear. Choose whichever alternative you like.
62. In truth I would willingly now abandon this charge about the statues, to have you admit to me, what would be most honorable to you, that the agriculturists contributed this money for a statue to do you honor, of their own free will. Grant me this. In a moment you cut from under your feet the principal part of your defense. For then you will not be able to say that the agriculturists were angry with and enemies to you. O singular cause; O miserable and ruinous defense; for the defendant, and he too a defendant who has been praetor in Sicily, to be unwilling to receive an admission from his accuser that the agriculturists erected him a statue of their own free will, that they have a good opinion of him, that they are his friends, that they desire his safety! He is afraid of your believing this, for he is overwhelmed with the evidence given against him by the agriculturists.
I will avail myself of what is granted to me; at all events you must judge
that those men, who, as he himself wishes it to be believed, are most hostile
to him, did not contribute money for his honor and for his monuments of
their own free will. And that this may be most easily understood, ask any
one you please of the witnesses whom I shall produce, who are witnesses
from Sicily, whether a Roman citizen or a Sicilian, and one too who appears
most hostile to you, who says that he has been plundered by you, whether
he contributed anything in his own name to the statue? You will not find
one man to deny it In truth they all contributed. Do you think then that
any one will doubt that he who ought to be most hostile to you, who has
received the severest injuries from you, paid money on account of a statue
to you because he was compelled by violence and authoritative command,
not out of kindness and by his own free will? And I have neither counted
up, nor been able to count, O judges, the amount of this money, which is
very large, and which has been most shamelessly extorted from unwilling
men, so as to estimate how much was extorted from agriculturists, how much
from traders who trade at Syracuse, at Agrigentum, at Panormus, at Lilybaeum;
since you see by even his own confession that it was extorted from most
unwilling contributors.
63. I come now to the cities of Sicily, in which case it is exceedingly
easy to form an opinion of their inclination. Did the Sicilians also contribute
against their will? It is not probable. In truth it is evident that Caius
Verres so conducted himself during his praetorship in Sicily, that, as
he could not satisfy both parties, both the Sicilians and the Romans, he
considered rather his duty to our allies, than his ambition, which might
have prompted him to gratify the citizens. And therefore I saw him called
in an inscription at Syracuse, not only the patron of that island, but
also the savior of it. What a great expression is this! so great that it
cannot be expressed by any single Latin word. He in truth is a savior,
who has given salvation. In his name days of festival are kept—that fine
Verrean festival—not as if it was the festival of Marcellus, but instead
of the Marcellean festival, which they abolished at his command. His triumphal
arch is in the forum at Syracuse, on which his son stands, naked; and he
himself from horseback looks down on the province which has been stripped
bare by himself. His statues are in every place; which seem to show this,
that he very nearly erected as many statues at Syracuse as he had taken
away from it. And even at Rome we see an inscription in his honor carved
at the foot of the statues, in letters of the largest size, “that that
were given by the community of Sicily.” Why were they given? How can any
one be induced to believe that such great honors were paid to him by people
against their will?
64. Here, too, you must deliberate and consider even much more than you
did in the case of the agriculturists, what you intend. It is an important
matter. Do you wish the Sicilians, both in their public and private capacity,
to be considered friends to you, or enemies? If enemies, what is to become
of you? Whither will you free for refuge? On what will you depend? Just
now you repudiated the greater part of the agriculturists, most honorable
and wealthy men, both Sicilians and Roman citizens. Now, what will you
do about the Sicilian cities? Will you say that the Sicilians are friendly
to you? How can you say so? They who (though they have never done such
a thing in the instance of any one else before, as to give public evidence
against him, even though many men who have been praetors in that province
have been condemned, and only two, who have been prosecuted, have been
acquitted)—they, I say, who now come with letters, with commissions, with
public testimonies against you, while, if they were to utter a panegyric
on you in behalf of their state, they would appear to do so according to
their usual custom, rather than because of your deserts. When these men
make a public complaint of your actions, do they not show this that your
injuries have been so great that they preferred to depart from their ancient
habit, rather than not speak of your habits?
You must, therefore, inevitably confess that the Sicilians are hostile
to you; since they have addressed to the consuls petitions of the gravest
moment directed against you, and have entreated me to undertake this cause,
and the advocacy of their safety; since, though they were forbidden to
come by the praetor, and hindered by four quaestors, they still have thought
every one's threats and every danger insignificant, in comparison with
their safety; since at the former pleading they gave their evidence so
earnestly and so bitterly, that Hortensius said that Artemo, the deputy
of Centuripa, end the witness authorized by the public council there, was
an accuser, not a witness. In truth he, together with Andron, a most honorable
and trustworthy man, both on account of his virtue and integrity, and also
on account of his eloquence, was appointed by his fellow-citizens as their
deputy in order that he might be able to explain in the most intelligible
and clear manner the numerous and various injuries which they have sustained
from Verres.
65. The people of Halesa, of Catana, of Tyndaris, of Enna, of Herbita,
of Agyrium, of Netum, of Segesta, gave evidence also. It is needless to
enumerate them all. You know how many gave evidence, and how many things
they proved at the former pleading. Now both they and the rest shall give
their evidence. Every one, in short, shall be made aware of this fact in
this cause,—that the feelings of the Sicilians are such, that if that man
be not punished, they think that they must leave their habitations and
their homes and depart from Sicily, and flee to some distant land. Will
you persuade us that these men contributed large sums of money to confer
honor and dignity on you of their own free will? I suppose, forsooth, they
who did not like you to remain in safety in your own city, wished to have
memorials of your person and name in their own cities! The facts show that
they wished it. For I have been for some time thinking that I was handling
the argument about the inclination of the Sicilians towards you too tenderly,
as to whether they were desirous to erect statues to you, or were compelled
to do so. What man ever lived of whom such a thing was heard as has happened to you, that his statues in his province, erected in the public places, and some of them even in the holy temples, were thrown down by force by the whole population?
There have been many guilty magistrates in Asia, many in Africa, many in Spain, in Gaul, in Sardinia, many in Sicily itself, but did we ever hear such a thing as this of any of them? It is an unexampled thing, O judges, a sort of prodigy amazing the Sicilians, and among all the Greeks. I would not have believed that story about the statues, if I had not seen them myself uprooted and lying on the ground; because it is a custom among all the Greeks to think that honors paid to men by monuments of that sort, are, to some extent, consecrated, and under the protection of the gods. Therefore, when the Rhodians, almost
single-handed, carried on the first war against Mithridates, and withstood all
his power and his most vigorous attacks on their walls, and shores, and
fleets,—when they, beyond all other nations, were enemies to the king; still,
even then, at the time of imminent danger to their city, they did not touch his
statue which was among them in the most frequented place in their city. Perhaps
there might seem some inconsistency in preserving the effigy and image of the
man, when they were striving to overthrow the man himself: but still I saw, when
I was among them, that they had a religious feeling in those matters handed down
to them from their ancestors, and that they argued in this way;—that as to the
statue, they regarded the period when it had been erected; but as to the man,
they regarded the fact of his waging war against them, and being an enemy.
66. You see, therefore, that the custom and religious feeling of the Greeks,
which is accustomed to defend the monuments of enemies, even at a time
of actual war, could not, even in a time of profound peace, protect the
statues of a praetor of the Roman people. The men of Tauromenium which
is a city in alliance [The foederatae civitates were those states which were connected with Rome
by a treaty, foedus.] with us, most quiet men, who were formerly as far removed as possible
from the injuries of our magistrates, owing to the protection the treaty
was to them; yet even they did not hesitate to overturn that man's statue.
But when that was removed, they allowed the pedestal to remain in the forum,
because they thought it would tell more strongly against him, if men knew
that his statue had been thrown down by the Tauromenians, than if they
thought that none had ever been erected.
The men of Tyndarus threw down his statue in the forum; and for the same
reason left the horse without a rider. At Leontini, even in that miserable
and desolate city, his statue in the gymnasium was thrown down. For why
should I speak of the Syracusans, when that act was not a private act of
the Syracusans, but was done by them in common with all their neighboring
allies, and withal most the whole province? How great a multitude, how
vast a concourse of men is said to have been present when his statues were
pulled down and overturned! But where was this done? In the most frequented
and sacred place of the whole city; before Serapis himself, in the very
entrance and vestibule of the temple. And if Metellus had not acted with
great vigor, and by his authority, and by a positive edict forbidden it,
there would not have been a trace of a statue of that man left in all Sicily.
And I am not afraid of any of these things seeming to have been done in consequence of my arrival, much less in consequence of my instigation. All those things were done, not only before I arrived in Sicily, but before he reached Italy. While I was in Sicily, no statue was thrown down. Hear now what was done after I departed from thence.
67. The senate of Centuripa decreed, and the people ordered, that the quaestors should issue a contract for taking down whatever statues there were of Caius Verres himself, of his father, and of his son; and that while such demolition was being executed, there should be not less than thirty senators present. Remark the soberness and dignity of that city. They neither chose that those statues should remain in their city which they themselves had given against their will, under the pressure of authority and violence; nor the statues of that man, against whom they themselves (a thing which they never did before) had sent by a public vote commissions and deputies, with the most weighty testimony, to Rome. And they thought that it would be a more important thing if it seemed to have been done by public authority, than by the violence of the multitude.
When, in pursuance of this design, the people of Centuripa had
publicly destroyed his statues, Metellus hears of it. He is very indignant; he
summons before him the magistrates of Centuripa and the ten principal citizens.
He threatens them with measures of great severity, if they do not replace the
statues. They report the matter to the senate. The statues, which could do no
good to his cause, are replaced; the decrees of the people of Centuripa, which
had been passed concerning the statues, are not taken away. Here I can excuse
some of the actors. I cannot at all excuse Metellus, a wise man, if he acts
foolishly. What? did he think it would look like a crime in Verres, if his
statues were thrown down, a thing which is often done by the wind, or by some
accident? There could be in such a fact as that no charge against the man, no
reproof of him Whence, then, does the charge and accusation arise? From the
intention and will of the people by whom it was caused.
68. I, if Metellus had not compelled the men of Centuripa to replace the
statues, should say, “See, O judges, what exceeding and bitter indignation
the injuries of that man have implanted in the minds of our allies and
friends; when that most friendly and faithful city of Centuripa, which
is, connected with the Roman people by so many reciprocal good offices,
that it has not only always loved our republic, but has also shown its
attachment to the very name of Roman in the person of every private individual,
has decided by public resolution and by the public authority that the statues
of Caius Verres ought not to exist in it.” I should recite the decrees
of the people of Centuripa; I should extol that city, as with the greatest
truth I might; I should relate that ten thousand of those citizens, the
bravest and most faithful of our allies,—that every one of the whole people
resolved, that there ought to be no monument of that man in their city.
I should say this if Metellus had not replaced the statues.
I should now wish to ask of Metellus
himself, whether by his power and authority he has at all weakened my speech? I
think the very same language is still appropriate. For, even if the statues were
ever so much thrown down, I could not show them to you on the ground. This only
statement could I use, that so wise a city had decided that the statues of Caius
Verres ought to be demolished. And this argument Metellus has not taken from me.
He has even given me this additional one; he has enabled me to complain, if I
thought fit, that authority is exercised over our friends and allies with so
much injustice, that, even in the services they do people, they are not allowed
to use their own unbiased judgment; he has enabled me to entreat you to form
your conjectures, how you suppose Lucius Metellus behaved to me in those matters
in which he was able to injure me, when he behaved with such palpable partiality
in this one in which he could be no hindrance to me. But I am not angry with
Metellus, nor do I wish to rob him of his excuse which he puts forth to every
one, that he did nothing spitefully nor with any especial design.
69. Now, therefore, it is so evident that you cannot deny it, that no statue
was given to you with the good will of any one; no money on account of
statues, that was not squeezed out and extorted by force. And, in making
that charge, I do not wish that alone to be understood, that you get money
to the amount of a hundred and twenty thousand sesterces; but much more
do I wish to have this point seen clearly, which was proved at the same
time, namely, how great both is and was the hatred borne to you by the
agriculturists, and by all the Sicilians. And as to this point, what your
defense is to be I cannot guess.— “Yes, the Sicilians hate me, because I did a great deal for the sake of
the Roman citizens.” But they too are most bitter against you, and most
hostile. “I have the Roman citizens for my enemies, because I defended
the interests and rights of the allies.” But the allies complain that they
were considered and treated by you as enemies.
“The agriculturists are hostile to me on account of the tenths.” Well;
they who cultivate land untaxed and free from this impost; why do they
hate you? why do the men of Halesa, of Centuripa, of Segesta, of Halicya
hate you? What race of men, what number of men, what rank of men can you
name that does not hate you, whether they be Roman citizens or Sicilians?
So that even if I could not give a reason for their hating you, still I
should think that the fact ought to be mentioned and that you also O judges,
ought to hate the man whom all men hate. Will you dare to say, either that
the agriculturists, that all the Sicilians, in short, think well of you,
or that it has nothing to do with the subject what they think? You will
not dare to say this, nor if you were to wish to do so would you be allowed.
For those equestrian statues erected by the Sicilians, whom you affect
to despise, and by the agriculturists, deprive you of the power of saying
that; the statues, I mean, which a little while before you came to the
city you ordered to be erected and to have inscriptions put upon them,
to serve as a check to the inclinations of all your enemies and accusers.
For who would be troublesome to you, or who would dare to bring an action
against you, when he saw statues erected to you by traders, by agriculturists,
by the common voice of all Sicily? What other class of men is there in
that province?—None. Therefore he is not only loved, but even honored by
the whole province, and also by each separate portion of it, according
to their class. Who will dare to touch this man? Can you then say that
the evidence of agriculturists, of traders, and of all the Sicilians against
you, ought to be no objection to you, when you hoped to be able to extinguish
all your unpopularity and infamy by placing their names in an inscription
on your statues? Or, if you attempted to add honor to your statues by their
authority, shall I not be able to corroborate my argument by the dignity
of those same men? Unless, perchance, in that matter, some little hope
still consoles you, because you were popular among the farmers of the revenues:
but I have taken care, through my diligence, that that popularity should
not serve,—you have contrived, by your own wisdom, to show that it ought
to be, an injury to you. Listen, O judges, to the whole affair in a few
words.
70. In the collecting the tax on pasture lands in Sicily there is a sub-collector
of the name of Lucius Carpinatius, who both for the sake of his own profit,
and perhaps because he thought it for the interest of his partners, cultivated
the favor of Verres to the neglect of everything else. He, while he was
attending the praetor about all the markets, and never leaving him, had
got into such familiarity with, and aptitude at the practice of selling
Verres's decrees and decisions, and managing his other concerns, that he
was considered almost a second Timarchides. He was in one respect still
more important; because he also lent money at usury to those who were purchasing
anything of the praetor. And this usury, O judges, was such that even the
profit from the other transactions was inferior to the gain obtained by
it. For the money which he entered as paid to those with whom he was dealing,
he entered also under the name of Verres's secretary, or of Timarchides,
or even under Verres's own name, as received from them. And besides that,
he lent other large sums belonging to Verres, of which he made no entry
at all, in his own name.
Originally this Carpinatius, before he had become so intimate with Verres, had often written letters to the shareholders about his unjust actions. But Canuleius, who had an agency at Syracuse, in the harbor, had also written accounts to his shareholders of many of Verres's robberies, giving instances, especially, concerning things which had been exported from Syracuse without paying the harbor dues. But the same company was farming both the harbor dues and the taxes on pasture land. And thus it happened that there were many things which we could state and produce against Verres from the letters of that company. But it happened that Carpinatius, who had by this time become connected with him by the greatest intimacy, and also by community of interests, afterwards sent frequent letters to his partners, speaking of his exceeding kindness, and of his services to their common property. And in truth, as he was used to do and to decree everything which Carpinatius requested him, Carpinatius also began to write still more flaming accounts to his shareholders, in order, if possible, utterly to efface the recollection of all that he had written before.
But at last, when Verres was departing, he sent letters to them, to beg them to go out in crowds to meet him and to give him thanks; and to promise zealously that they would do whatever he desired them. And the shareholders did so, according to the old custom of farmers; not because they thought him deserving of any honor, but because they thought it was for their own interest to be thought to remember kindness, and to be grateful for it. They expressed their thanks to him, and said that Carpinatius had often sent letters to them mentioning his good offices.
71. When he had made answer that he had done those things gladly, and had
greatly extolled the services of Carpinatius, he charges a friend of his,
who at that time was the chief collector of that company, to take care
diligently, and to make sure that there was nothing in any of the letters
of any of the partners which could tell against his safety and reputation.
Accordingly he, having got rid of the main body of the shareholders, summons
the collectors of the tenths, and communicates the business to them. They
resolve and determine that those letters in which any attack was made on
the character of Caius Verres shall be removed, and that care he taken
that that business shall not by any possibility be any injury to Caius
Verres.
If I prove that the collectors of the truths passed this resolution,—if
I make it evident that, according to this decree, the letters were removed,
what more would you wait for? Can I produce to you any affair more absolutely
decided? Can I bring before your tribunal any criminal more fully condemned?
But condemned by whose judgment? By that, forsooth, of those men whom they
who wish for severe tribunals think ought to decide on causes, by the judgment of the farmers, whom the people is now demanding to have
for judges, and concerning whom, that we may have them for judges, we at
this moment see a law proposed, not by a man of our body, not by a man
born of the equestrian order, not by a man of the noblest birth: the collectors of the tenths, that is to say, the chiefs, and, as it were, the senators of the farmers, voted that these letters should be removed out of sight.
I have men, who were present, whom I can produce, to whom I will entrust this proof, most honorable and wealthy men, the very chief of the equestrian order, on whose high credit the very speech and cause of the man who has proposed this law mainly relies. They shall come before you; they shall say what they deter mined. Indeed, if I know the men properly, they will not speak falsely For they were able, indeed, to put letters to their community out of sight; they have not been able to put out of sight their own good faith and conscientiousness. Therefore the Roman knights, who condemned you by their judgment, have not been willing to be condemned in the judgment of those judges. Do you now consider whether you prefer to follow their decision or their inclination.
72. But see now, how far the zeal of your friends, your own devices, and
the inclination of those partners aid you. I will speak a little more openly;
for I am not afraid of any one thinking that I am saying this in the spirit
of an accuser rather than with proper freedom. If the collectors had not
removed those letters according to the resolution of the farmers of the
tenths, I could only say against you what I had found in those letters;
but now that the resolution has been passed, and the letters have been
removed, I may say whatever I can, and the judge may suspect whatever he
chooses. I say that you exported from Syracuse an immense weight of gold,
of silver, of ivory, of purple; much cloth from Melita, much embroidered
stuff, much furniture of Delos, many Corinthian vessels, a great quantity
of corn, an immense load of honey; and that on account of these things,
because no port dues were paid on them, Lucius Canuleius, who was the agent
in the harbor, sent letters to his partners.
Does this appear a sufficiently grave charge? None, I think, can be graver.
What will Hortensius say in defense? Will he demand that I produce the
letters of Canuleius? Will he say that a charge of this sort is worthless
unless it be supported by letters? I shall cry out that the letters have
been put out of the way; that by a resolution of the shareholders the proofs
and evidences of his thefts have been taken from me. He must either contend
that this has not been done, or he must bear the brunt of all my weapons.
Do you deny that this was done? I am glad to hear that defense. I descend
into the arena; for equal terms and an equal contest are before us. I will
produce witnesses, and I will produce many at the same time; since they
were together when this took place, they shall be together now also. When
they are examined, let them be bound not only by the obligation of their
oath and regard for their character, but also by a common consciousness
of the truth. If it be proved that this did take place as I say it did, will you be able to say, O Hortensius, that there was nothing in those letters to hurt Verres? You not only will not say so, but you will not even be able to say this, that there was not as much in them as I say there was. This
then is what you have brought about by your wisdom and by your interest; that,
as I said a little while ago, you have given me the greatest licence for
accusing, and he judges the most ample liberty to believe anything.
73. But though this be the case, still I will invent nothing. I will recollect
that I have not taken a criminal to accuse, but that I have received clients
to defend; and that you ought to hear the cause not as it might be produced
by me, but as it has been brought to me; that I shall satisfy the Sicilians,
if I diligently set forth what I have known myself in Sicily, and what
I have heard from them; that I shall satisfy the Roman people, if I fear
neither the violence nor the influence of any one; that I shall satisfy
you, if by my good faith and diligence I give you an opportunity of deciding
correctly and honestly; that I shall satisfy myself, if I do not depart
a hair's breadth from that course of life which I have proposed to myself.
Wherefore, you have no ground to fear that I will invent anything against
you. You have cause even to be glad; for I shall pass over many things
which I know to have been done by you, because they are either too infamous,
or scarcely credible. I will only discuss this whole affair of this society.
That you may now hear the truth, I will ask, Was such a resolution passed? When I have ascertained that, I will ask, Have the letters been removed? When that too, is proved, you will understand the matter, even if I say nothing. If they who passed this resolution for his sake namely, the Roman
knights were now also judges in his case, they would beyond all question condemn
that man, concerning whom they knew that letters which laid bare his robberies
had been sent to themselves, and had been removed by their own resolution.
He, therefore, who must have been condemned by those Roman knights who
desire everything to turn out for his interest, and who have been most
kindly treated by him, can he, O judges, by any possible means or contrivance
be acquitted by you? And that you may not suppose that those things which
have been removed out of the way, and taken from you, were all so carefully
hidden, and kept so secretly, that with all the diligence which I am aware
is universally expected of me nothing concerning them has been able to
be arrived at or discovered, I must tell you that, whatever could by any
means or contrivance be found out, has been found out, O judges. You shall
see in a moment the man detected in the very act; for as I have spent a
great part of my life in attending to the causes of farmers, and have paid
great attention to that body, I think that I am sufficiently acquainted
with their customs by experience and by intercourse with them.
74. Therefore, when I ascertained that the letters of the company were
removed out of the way, I made a calculation of the years that that man
had been in Sicily; then I inquired (what was exceedingly easy to discover)
who during those years had been the collectors of that company, in whose care the records had been. For I was aware that it was the custom of the collectors who kept the records, when they gave them up to the new collector, to retain copies of the documents themselves. And therefore I went in the first place to Lucius Vibius, a Roman knight, a man of the highest consideration, who, I ascertained, had been collector that very year about which I particularly had to inquire. I came upon the man unexpectedly when he was thinking of other things.
I investigated what I could, and inquired into everything. I found only
two small books, which had been sent by Lucius Canuleius to the shareholders
from the harbor at Syracuse; in which there was entered an account of many
months, and of things exported in Verres's name without having paid harbor
dues. These I sealed up immediately. These were documents of that sort
which of all the papers of the company I was most anxious to find; but
still I only found enough, O judges, to produce to you as a sample, as
it were. But still, whatever is in these books, however unimportant it
may seem to be, will at all events be undeniable; and by this you will
be able to form your conjectures as to the rest. Read for me, I beg, this
first book, and then the other. [The books of Canuleius are read.] I do
not ask now whence you got those four hundred jars of honey, or such quantities
of Maltese cloth, or fifty cushions for sofas or so many candelabra; I do not, I say, inquire
at present where you got these things; but, how you could want such a quantity
of them, that I do ask. I say nothing about the honey; but what could you want
with so many Maltese garments? as if you were going to dress all your friends'
wives; or with so many sofa cushions? as if you were going to
furnish all their villas.
75. As in these little books there are only the accounts of a few months, conjecture in your minds what they must have been for the whole three years. This is what I contend for. From these small books found in the house of one collector of the company, you can form some conjecture how great a robber that man was in that province; what a number of desires, what different ones, what countless ones he indulged; what immense sums he made not only in money, but invested also in articles of this sort; which shall be detailed to you more fully another time.
At present listen to this. By these exportations, of which the list was
read to you, he writes that the shareholders had lost sixty thousand sesterces
by the five per cent due on them as harbor dues at Syracuse. In a few months,
therefore, as these little insignificant books show, things were stolen
by the praetor and exported from one single town of the value of twelve
hundred thousand sesterces. Think now, as the island is one which is accessible
by sea on all sides, what you can suppose was exported from other places?
from Agrigentum, from Lilybaeum, from Panormus, from Thermae, from Halesa,
from Catina, from the other towns? And what from Messana? the place which
he thought safe for his purpose above all others, where he
was always easy and comfortable in his mind, because he had selected the
Mamertines as men to whom he could send everything which was either to be
preserved carefully, or exported secretly. After these books had been found, the
rest were removed and concealed more carefully; but we, that all men may see
that we are acting without any ulterior motive, are content with these books
which we have produced.
76. Now we will return to the accounts of the society of money received
and paid, which they could not possibly remove honestly, and to your friend
Carpinatius. We inspected at Syracuse accounts of the company made up by
Carpinatius, which showed by many items that many of the men who had paid
money to Verres, had borrowed it of Carpinatius. That will be clearer than
daylight to you, O judges, when I produce the very men who paid the money;
for you will see that the times at which, as they were in danger, they
bought themselves off, agree with the records of the company not only as
to the years, but even as to the months.
While we were examining this matter thoroughly, and holding the
documents actually in our hands, we see on a sudden erasures of such a sort as
to appear to be fresh wounds inflicted on papers. Immediately, having a
suspicion of something wrong, we bent our eyes and attention on the names
themselves. Money was entered as having been received from Caius Verrutius the
son of Caius, in such a way that the letters had been let stand down to the
second R, all the rest was an erasure. A second, a third, a
fourth there were a great many names in the same state. As the matter was plain,
so also was the abominable and scandalous worthlessness of the accounts.
We began to inquire of Carpinatius who that Verrutius was, with whom he
had such extensive pecuniary dealings. The man began to hesitate, to look
away, to color. Because there is a provision made by law with respect to
the accounts of the farmers, forbidding their being taken to Rome; in order
that the matter might be as clear and as completely proved as possible,
I summon Carpinatius before the tribunal of Metellus and produce the accounts
of the company in the forum. There is a great rush of people to the place;
and as the partnership existing between Carpinatius and that praetor, and
his usury, were well known, all people were watching with the most eager
expectation to see what was contained in the accounts.
77. I bring the matter before Metellus; I state to him that I have seen
the accounts of the shareholders, that in these there is a long account
of one Caius Verrutius made up of many items, and that I saw, by a computation
of the years and months, that this Verrutius had had no account at all
with Carpinatius, either before the arrival of Caius Verres, or after his
departure. I demand that Carpinatius shall give me an answer who that Verrutius
is; whether he is a merchant, or a broker, or an agriculturist, or a grazier;
whether he is in Sicily, or whether he has now left it. All who were in
the court cried out at once that there had never been any one in Sicily
of the name of Verrutius. I began to press the man to answer me who he
was, where he was, whence he came; why the servant of the company who made
up the accounts always made a blunder in the name of Verrutius at the same
place? And I made this demand, not because I thought it of any consequence
that he should be compelled to answer me these things against his will,
but that the robberies of one, the dishonesty of the other, and the audacity
of both might be made evident to all the world. And so I leave him in the
court, dumb from fear and the consciousness of his crimes, terrified out
of his wits, and almost frightened to death; I take a copy of the accounts
in the forum, with a great crowd of men standing round me; the most eminent
men in the assembly are employed in making the copy; the letters and the
erasures are faithfully copied and imitated, and transferred from the accounts
into books.
The copy was examined and compared with the original with the greatest
care and diligence, and then sealed up by most honorable men. If Carpinatius
would not answer me then, do you, O Verres, answer me now, who you imagine
this Verrutius, who must almost be one of your own family, to be. It is
quite impossible that you should not have known a man in your own province,
who, I see, was in Sicily while you were praetor, and who, I perceive from
the accounts themselves, was a very wealthy man. And now, that this may
not be longer in obscurity, advance into the middle [This is said of the officers of the court who have the account in their keeping during the trial.], open the volume, the copy of the accounts, so that every one may be able
to see now, not the traces only of that man's avarice, but the very bed
in which it lay.
78. You see the word Verrutius? You see the first letters untouched? you
see the last part of the name, the tail of Verres, smothered in the erasure,
as in the mud. The original accounts, O judges, are in exactly the same
state as this copy. What are you waiting for? What more do you want? You, Verres, why are you
sitting there? Why do you delay? for either you must show us Verrutius,
or confess that you yourself are Verrutius. The ancient orators are extolled,
the Crassi and Antonii, because they had the skill to efface the impression
made by an accusation with great clearness, and to defend the causes of
accused persons with eloquence. It was not, forsooth, in ability only that
they surpassed those who are now employed here as counsel, but also in
good fortune. No one, in those times, committed such crimes as to leave
no room for any defense; no one lived in such a manner that no part of
his life was free from the most extreme infamy; no one was detected in
such manifest guilt, that, shameless as he had been in the action, he seemed
still more shameless if he denied it.
But now what can Hortensius do? Can he argue against the charges of avarice
by panegyrics on his client's economy? He is defending a man thoroughly
profligate, thoroughly licentious, thoroughly wicked. Can he lead your
attention away from this infamy and profligacy of his, and turn them into
some other direction by a mention of his bravery? But a man more inactive,
more lazy, one who is more a man among women, a debauched woman among men,
cannot be found. But his manners are affable. Who is more obstinate more
rude? more arrogant? But still all this is without any injury to
any one. Who has ever been more furious, more treacherous, and more cruel? With
such a defendant and such a cause, what could all the Crassus's and Antonius's
in the world do? This is all they would do, as I think, O Hortensius; they would
have nothing to do with the cause at all, lest by contact with the impudence of
another they might lose their own characters for virtue. For they come to plead
causes free and unshackled, so as not, if they did not choose to act shamelessly
in defending people, to be thought ungrateful for abandoning them.
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