CONCERNING HIS MANNER OF DECIDING CAUSES AS JUDGE WHILE IN SICILY.
The Argument.
Cicero divides his accusation of Verres, on account of his conduct in Sicily,
under four heads, of which the first is judicial corruption and extortion.
And in
this branch of the accusation he does not attend to the chronological order
of his offences, but takes the instances according to the different classes
under
which they seem to fall, and according to their importance.
I. 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. [2] 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. [3] 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 harbour for our fleets.
II. 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.
[4]
Afterwards that illustrious man, Marcus Marcellus himself, whose valour
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 valour 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
honour paid to her, that he did not think that he ought to destroy even
an enemy's
city in an island of such allies. [5] 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.
III.[6] 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. [7] 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. [8] 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. [9] 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.
IV.[10] 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 defence than of accusation in it). [11] 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, 1
who were so
while he was praetor, stood close to me with their forces. [12] 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.
V.[13] 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 favour. 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.
[14] 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. [15] 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.
VI. 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. [16] But you were able to see clearly in
the former pleading,
that many Roman citizens from Sicily, most honourable 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 labour, 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 tho condemnation of that man. [17] 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. [18] 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?
VII. 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. [19]
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 2 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. [20] 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 favour;--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. [21] 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.
VIII. 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. [22]
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. [23] 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 honourable 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 practised on Dio, through the connection of hospitality which existed
between them. [24] 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
3
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.]
IX. 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? [25] 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 cognisance 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.
X.[26] Oh, but that money never came to Verres. What does that defence
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 defence 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. [27] 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 defence, 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 defence
will
be admitted in other cases. [28] 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.
XI. 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,) [29] 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
honour, than to give men office as a favour 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? [30] 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.
XII. No one doubts that all the wealth of every man is placed in the power
of those men who allow 4 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. [31] 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 5 should have been. [32] 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.
XIII. 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. [33] 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. [34] 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.
XIV.[35] 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.
[36]
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. [37] 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.
XV. 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. [38] 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.
XVI.[39] 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. [40] 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? [41] 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.
XVII. 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 favour of the party who was present, before the tenth hour.
He agrees. [42] In the meantime both Verres himself began to be uneasy,
and his
friends and counselors began also to be a good deal vexed at Heraclius'
having fled. They thought that the condemnation of an absent man, especially
in a
matter involving so large a sum of money, would be a far more odious measure
than if he had appeared in court, and had there been condemned. To this
consideration was added the fact, that because the judges had not been
appointed in accordance with the provisions of the Rupilian law, they saw
that the
affair would appear much more base and more iniquitous. And so, while he
endeavours to correct this error, his covetousness and dishonesty are made
more
evident. For he declares that he will not use those five judges; he orders
(as ought to have been done at first, according to the Rupilian law) Heraclius
to be
summoned, and those who had brought the action against him; he says that
he is going to appoint the judges by lot, according to the Rupilian law.
That
which Heraclius the day before could not obtain from him, though he begged
and entreated it of him with many tears, occurred to him the next day of
his
own accord, and he recollected that he ought to appoint judges according
to the Rupilian law. He draws the names of three out of the urn: he commands
them to condemn Heraclius in his absence. So they condemn him. [43]
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 honourable 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?
XVIII.[44] 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 defence. 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. [45] 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 favour, were then
sharers in the plunder, and are come hither now, not for the purpose of
speaking in
his favour, 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. [46] 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.
XIX. 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. [47] 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.
XX.[48] 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,
6 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. [49] And yet
they say that this
man complains sometimes of his misery in being weighed down, not by his
own offences 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? [50] 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.
XXI. 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 bouleutrion, a most honourable 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. [51] 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. 7 An enemy, and he too an enemy
in other respects, only too savage and barbarous, still would not violate
the honour
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. [52] Oh, but you
gave them a splendid day instead of it; you allowed them to celebrate a
festival in honour 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, 8 and appear to be established, not from recollection of
your name, but of
your covetousness and your natural disposition.
XXII.[53] 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. [54] 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. [55] 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.
XXIII. 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. [56] 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. [57] 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.
XXIV.[58] 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? [59] 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. [60]
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.
XXV. 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. [61] 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 defence. 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? [62] 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.
XXVI.[63] 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. [64] 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
favour 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 endeavours 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.
XXVII.[65] 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.
[66] 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 9 exacted, contrived to extort three hundred thousand; and
the
sentence which had been given in favour 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 cognisance
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. [67] 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?
XXVIII.[68] 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 defence, but also by the decision. [69] Quintus Minucius,
a Roman knight, among the first for a high and honourable 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.
XXIX.[70] 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 honourable 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. [71] 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 defence 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 favour of
one or other of the parties who were concerned in that trial. And so he
is left alone with his most worthless retinue. [72] 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. [73] 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.
XXX. 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 defence
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. [74] 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. [75] 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 defence, by the joint sentence of
a
secretary, a physician, and a soothsayer.
XXXI.[76] 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? 10 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.
[77] 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 11
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 splendour 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.
XXXII.[78] 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 honour 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? [79] What is the use of speaking to me of Bulbus, of Stalenus?
12
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 favour of the accuser? who would get rid of, and dismiss from
the bench honourable 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?
XXXIII.[80] 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. [81]
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. [82]
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.
XXXIV. 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. [83] 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.
[84]
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.
[85] 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.
XXXV.[86] 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. [87] 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.
XXXVI.[88] 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 honourable 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. [89] Verres being furiously
enraged against Sthenius, renounces the connection of hospitality with
him, leaves his
house, and departs; 13 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.
XXXVII.[90] 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. [91] 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.
XXXVIII.[92] 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 despatch
14 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. [93] 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. [94] 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.
[95] He, when he had reached Rome, and had a sufficiently prosperous
voyage for
so unfavourable 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.
XXXIX. 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. [96] 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. [97] The
friends of Sthenius are moved; they hope that by the letters and messengers
of the
father the Bon 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.
XL. 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. [98]
If your
father, at the request of any friend, whether influenced by kindness or
wishing to curry favour 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. [99] 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.
XLI.[100] 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 15 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. [101] When
this news was brought to him, he for a while was alarmed and agitated;
he turned the
blunt end of his pen 16 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 defence, 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 defence, but still
it would be some sort of a defence. 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 defence 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.
XLII.[102] 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. [103] 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.
[104] 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. [105] 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?
XLIII.[106] 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
honourable 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. [107] Oh
but, I suppose, Sthenius thought it honourable 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 honourable, 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?
XLIV.[108] 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. [109]
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?
XLV.[110] 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. [111] 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 honour 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.
XLVI.[112] Is not Sthenius the man, he who when he had very easily obtained
all the honourable 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 honour
in which he was held among his countrymen, and his preeminent dignity.
[113]
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? [114] 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 favour, 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.
XLVII.[115] 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. [116]
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.
[117] 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 favour 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 17 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. [118] 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.
XLVIII. 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.
[119] 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? [120] 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 honour, any power,
or any
authority, that you did not make it a source of your own gain, and sell
it to the best bidder?
XLIX. 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. [121] 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. [122] 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
honourable 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.
L.[123] 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. [124] 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. [125] 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.
LI. 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. [126]
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
honourable. [127] 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 honourable priesthood is given to Theomnastus.
LII.[128] 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 honour 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 honour 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. [129]
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, 18 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. [130] 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.
LIII.[131] 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. [132] 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 honours 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. [133] 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 labour, 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.
LIV.[134] 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. [135] 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.
[136] 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 19 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.
LV.[137] 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 honours, or men according to their classes, as cultivators, as merchants,
as
shipowners. 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 favour, 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? [138] 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.
LVI. 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. [139] 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
LVII.[140] 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.
[141] 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.
LVIII.[142] 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. [143] 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 honour 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.
LIX.[144] 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 honour 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.
[145] The city
of Syracuse (to speak of that city in preference to others) gave him a
statue;--it is an honour: 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? [146] 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.
LX. 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. [147] 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: 20 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. [148]
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. [149] Even suppose they did not say this, still,
would it not be impossible for you to avoid confessing it? See and consider
what
defence you are going to adopt; for then you will understand that you must
confess this about the statues.
LXI. 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 honourable 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 honourable, by which
both
the republic in general, and most especially that province upheld, as fixedly
hostile to you. [150] 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 honour, they
are not your enemies. Let us believe the witnesses; for then they were
consulting
your honour, 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.
LXII.[151] In truth I would willingly now abandon this charge about the
statues, to have you admit to me, what would be most honourable to you,
that the
agriculturists contributed this money for a statue to do you honour, of
their own free will. Grant me this. In a moment you cut from under your
feet the
principal part of your defence. 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 defence; 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. [152] 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 honour
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. [153]
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.
LXIII.[154] 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 saviour 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 saviour, 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 honour 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 honours were paid to him by people against their
will?
LXIV.[155] 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 honourable
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?
[156]
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 honourable 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.
LXV. 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.
[157] 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 honour 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. [158] 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 honours paid
to men by
monuments of that sort, are, to some extent, consecrated, and under the
protection of the gods. [159] 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.
LXVI. 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. [160] The men of Tauromenium which
is a city
in alliance 21 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 neighbouring 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 vigour, 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.
[161] 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.
LXVII. 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.
[162] 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.
LXVIII.[163] 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.
[164] 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.
LXIX.[165] 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 defence is to
be I cannot
guess.-- [166] 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. [167]
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. [168] 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 honour
to your statues by their authority, shall I not be able to corroborate
my argument
by the dignity of those same men? [169] 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.
LXX. 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 favour 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. [170] 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. [171]
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 harbour, 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
harbour dues. But the same company was farming both the harbour 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. [172] 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 honour, 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.
LXXI.[173] 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. [174] 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: [175] 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 honourable 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.
LXXII.[176] 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 harbour, sent letters to his
partners.
Does this appear a sufficiently grave charge? [177] None, I think,
can be graver. What will Hortensius say in defence? 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 defence. 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. [178] 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.
LXXIII.[179] 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. [180] 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? [181] 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.
LXXIV.[182] 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 harbour at Syracuse; in which there was entered an account of
many months, and of things exported in Verres's name without having paid
harbour
dues. These I sealed up immediately. [183] 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.
LXXV.[184] 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. [185]
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 harbour
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.
LXXVI.[186] 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.
[187] 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 colour.
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
LXXVII.[188] 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? [189] 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.
[190] The copy was examined and compared with the original with the greatest
care and diligence, and then sealed up by most honourable 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, 22 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.
LXXVIII.[191] 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 defence; 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.
[192] 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.
1 Sicily had two quaestors, one for the western or Lilybaean district, one for the Syracusan.
2 This is another pun on the name of Verres, from its similarity in sound to the word verro, I sweep.
3 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.
4 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.
5 The text here is very much disputed, and is probably wholly corrupt.
I have endeavoured to give what is certainly the general sense intended
to be
conveyed, though it can scarcely be extracted from the Latin Graevius reads,...Si
Siculi essent, tum si eorum legibus... printing it all in large letters,
as if
they were the words of a decree of Verres.
6 He was in fact his son-in-law elect.
7 In honour of Quintus Mucius Scaevola, who had been praetor in that province, and had established a high character for lenity and incorruptibility.
8 There is a recurrence here to the pun on the word verres, a boar.
9 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.
10 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 favoured their respective nations.
11 Hortensius is meant here.
12 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.
13 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; he then appeared migrasse when he plundered
Sthenius of all his furniture and plate, and removed it to his own house.
--Garaton.
14 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.
15 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; though as it is impossible
to render caput when used in this sense so as to give its accurate meaning,
I have
been forced occasionally to render it life.
16 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. Thus vertere
stilum
means to erase, and hence to correct--Smith, Dict. Ant. in v. ...
17 I have in some instances translated hospes friend, and oftener
still connection, though either word is far from representing adequately
the idea of
the Latin hospes, because, as modern manners are unacquainted with the
usage, modern languages have no word to express it.
18 The original puns on the resemblance between caelum, heaven, and caelatum, carved or chased.
19 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.
20 See the note on the next oration, De Re Frumentaria, for an explanation
of this; and on points connected with the topic of corn, and the societas
of
the publicani, see the Argument of the next oration.
21 The foederatae civitates were those states which were connected with
Rome by a treaty, foedus. The name did not include Roman colonies, or Latin
colonies, or any place which had obtained the Roman civitas. They were
independent states, yet under a general liability to furnish a contingent
for the
Roman army; they were nearly all confined within the limits of Italy, though
Gades, Saguntum and Massilia were exceptions, as well as Tauromenium. Vide
Smith, Dict. Ant. p. 427.
22 This is said of the officers of the court who have the account in their keeping during the trial.