The Speech on the Punishments.
The Argument.
This speech is divided into three divisions. First of all Cicero speaks
of the conduct of Verres with respect to the war of the runaway slaves,
which arose out
of the relics of the war of Spartacus, which was brought to a termination
just before the end of Verres's praetorship. In the second place he speaks
of his
conduct with respect to the pirates and banditti, who at that time infested
the sea and the coasts of Sicily. And in the third place he impeaches him
on account
of the punishments he had inflicted on Roman citizens. But this last topic
takes up, comparatively speaking, but a small part of the oration, though
it has
given the title to the whole oration. In the first two divisions of the
speech Cicero is mainly occupied in replying to Hortensius, who had highly
extolled
Verres's military conduct and valour.
I. I see, O judges, that it is not doubtful to any one of you that Caius
Verres most openly plundered everything in Sicily, whether sacred or profane,
whether
private or public property; and that, not only without the slightest scruple,
but without even the very least disguise, he practiced every possible description
of
robbery and plunder. But a very heightened and pompous defence of him is
put forward in reply to me, which I must consider very carefully beforehand,
O
judges, how I am to resist. For his cause is stated in this way; that by
his valour, and by his singular vigilance exerted at a critical and perilous
time, the
province of Sicily was preserved in safety from fugitive slaves, and from
the dangers of war. [2] What am I to do, O judges? In what way am
I to shape my
accusation? which way am I to turn? For to all my attacks the appellation
of a gallant general is opposed, as a wall of defence. I am acquainted
with the
topic;--I see how Hortensius is going to boast himself. He will dilate
upon the dangers of the war, the critical time of the republic, the scarcity
of able
generals; and that he will entreat of you, he will even claim as a right
belonging to himself, that you do not suffer so great a general to be taken
from the
Roman people through the evidence of the Sicilians; that you do not allow
his glory as a general to be overclouded by accusations of avarice. [3]
I cannot
dissemble my alarm, O judges; I am afraid that Caius Verres, on account
of this amazing warlike valour of his, may escape with impunity from the
consequences of all his actions. For it occurs to me, what great influence,
what exceeding authority, the oration of Marcus Antonius was supposed to
have
had at the trial of Marcus Aquillius; who, as he was not only skillful
as an orator, but bold also, when he had nearly finished his speech, took
hold of Marcus
Aquillius and placed him in the sight of every one, and tore his robe away
from his chest, in order that the Roman people and the judges might see
his scars,
all received in front; and at the same time he enlarged a good deal on
that wound which he had received on his head from the general of the enemy;
and
worked up the men who were to judge in the cause to such a pitch, that
they were greatly afraid lest the man whom fortune had saved from the weapons
of
the enemy, and who had not spared himself, should appear to have been saved
not to receive praise from the Roman people, but to endure the cruelty
of the
judges. Now again this same plan and method of defence is to be tried by
the opposite party. [4] The same object is aimed at. He may be a
thief, he may be
a robber of temples, he may he the very chief man in every sort of vice
and criminality; but he is a gallant general and a fortunate one, and he
must be
preserved for the critical emergencies of the republic.
II. I will not plead against you according to strict law; I will not urge
that point, which perhaps I ought to carry if I did, that as this trial
is appointed to take
place according to a particular formula, the point that required to be
proved by you, is not what gallant exploits you may have performed in war,
but how you
have kept your hands from other people's money,--I will not, I say, urge
this; but I will ask, as I perceive you are desirous that I should, what
has been your
conduct and what have been your great exploits in war.
[5] What will you say? That in the war of the runaway slaves Sicily was
delivered by your valour? It is a great praise; a very honourable boast.
But in what
war? For we have understood that after that war which Marcus Aquillius
finished, there has been no war of fugitive slaves in Sicily. Oh! but there
was in
Italy. I admit that; a great and formidable war. Do you then attempt to
claim for yourself any part of the credit arising from that war? Do you
think that you
are to share any of the glory of that victory with Marcus Crassus or Cnaeus
Pompeius? I do not suppose that even this will be too great a stretch for
your
impudence, to venture to say something of that sort. You, forsooth, hindered
any part of the forces of these slaves from passing over from Italy into
Sicily?
Where? When? From what part of Italy, as they never attempted to approach
Sicily in any ships or vessels of any sort? For we never heard anything
whatever of such an attempt; but we have heard that care was taken, by
the courage and prudence of Marcus Crassus, that most valiant man, that
the
runaways should not make boats so as to be able to cross the strait to
Messana; an attempt from which it would not have been so important to have
cut them
off, if there were supposed to have been any forces in Sicily able to oppose
their invasion. [6] But though there was war in Italy so close to
Sicily, still it
never came into Sicily. Where is the wonder? for when it existed in Sicily,
at exactly the same distance from Italy, no part of it reached Italy.
III. What has the proximity of the countries to do with either side of
the argument in discussing this topic? Will you say that access was very
easy to the
enemy, or that the contagion and temptation of imitating that war was a
dangerous one? Every access to the island was not only difficult to, but
was entirely
cut off from men who had no ships; so that it was more easy for those men,
to whom you say that Sicily was so near, to go to the shore of the ocean
than to
Cape Pelorus. [7] But as for the contagious nature to that servile
war, why is it spoken of by you more than by all the rest of the officers
who were
governors of the other provinces? Is it because before that time there
had been wars of runaway slaves in Sicily? But that is the very cause why
that province
is now and has been in the least danger. For ever since Marcus Aquillius
left it all the regulations and edicts of the praetors have been to this
effect, that no
slave should ever be seen with a weapon. What I am going to mention is
an old story, and one, probably, owing to the severity of the example,
not unknown
to any one of you. They tell a story that Lucius Domitius was praetor in
Sicily, and that an immense boar was brought to him; that he, marveling
at the size
of the beast, asked who had killed it. When he was told that it was such-an-one's
shepherd, he ordered him to be summoned before him; that the shepherd
came eagerly to the praetor, expecting praise and reward; that Domitius
asked him how he had slain so huge a beast; that he answered ’ÄúWith a
hunting
spear;’Äù and that he was instantly crucified by order of the praetor.
This may, perhaps, appear harsh: I say nothing either way; all that I understand
from the
story is, that Domitius preferred to appear cruel in punishing, to seeming
negligent in overlooking offences.
IV.[8] Therefore, while these were the established regulations of the province,
Caius Norbanus, a man neither very active nor very valiant, was at perfect
ease,
at the very moment that all Italy was raging with the servile war. For
at that time Sicily easily took care of itself, so that no war could possibly
arise there. In
truth, as no two things are so closely united as the traders are with the
Sicilians, by habit, by interest, by reason, and by community of sentiment;
and as the
Sicilians have all their affairs in such a state that it is most desirable
for them to be at peace; and as they are so attached to the sway of the
Roman people that
they would be very sorry that its power should be diminished or altered;
and as ever since the servile war all such dangers as these have been provided
for,
both by the regulations of the praetors, and by the discipline of the masters;
there is no conceivable domestic evil which can arise out of the province
itself.
[9] What then do you say? Were there no disturbances of slaves in
Sicily while Verres was praetor? Are no conspiracies said to have taken
place? None at
all that have ever come to the knowledge of the senate and people of Rome;
none which that man has thought worth writing public despatches to Rome
about; and yet I do suspect that the body of slaves had begun to be less
orderly in some parts of Sicily; and I infer that, not so much from any
overt act, as
from the actions and decrees of Verres. And see with how little of a hostile
feeling I am going to conduct this case. I myself will mention and bring
forward
the things which he wishes to have mentioned, and which as yet you have
never heard of. [10] In the district of Triocala, a place which the
fugitive slaves
had occupied before, the family of a certain Sicilian called Leonidas was
implicated in suspicion of a conspiracy. Information of the matter was
laid before
Verres. Immediately, as was natural, by his command, the men who had been
named were arrested and taken to Lilybaeum. Their master was summoned to
appear, and after the case had been heard they were condemned.
V. What happened afterwards? What do you suppose? Perhaps you expect to
hear of some robbery or plunder;--do not look on all occasions for the
same
things--when a man is in fear of war, what room is there for petty thefts?
However, even if there was any opportunity for such a thing in this matter,
it was
overlooked. Perhaps he could have got some money out of Leonidas when he
summoned him to appear. There was besides room for bargaining, (and that
was an opportunity that he was not new to,) to get the cause adjourned;
and a second chance, to get the slaves acquitted. But when the slaves had
been
condemned, what opportunity of plundering could there be? They must be
brought up for punishment. For there were the witnesses who were sitting
on the
bench; the public records were witnesses; that most splendid city of Lilybaeum
was a witness; that most honourable and numerous assembly of Roman
citizens was a witness. Nothing can be done; they must be brought up. Accordingly,
they are brought up, and fastened to the stake. [11] Even now, O
judges, you seem to me to be waiting to see what happened next; because
that man never did anything without some gain and some booty. What could
be
done in such a case? What is profitable? Expect then to hear of some crime
as infamous as you please; but I will outdo all your expectation. The men
who
had been convicted of wickedness and conspiracy, who had been delivered
up for punishment, who had been bound to the stake, on a sudden, in the
sight of
many thousands of men, are unbound and restored to Leonidas their master.
What can you say on this topic, O most insane of men? except, indeed, that
which I do not ask you; what, in short, in so nefarious a business, although
there can be no doubt about it, still, even if there were a doubt, ought
not to be
asked; namely, what or how much money you took to release them, and how
you managed it. I give up the whole of this to you; and I release you from
this
anxiety; for I am not afraid of any one believing that you, without any
payment, undertook an action which no man in the world except you could
have been
induced to undertake by any sum of money whatever. But about that system
of thieving and plundering of yours I say nothing;--what I am now discussing
is your renown as a general.
VI.[12] What do you say, O you admirable guardian and defender of the province?
Did you dare to snatch from the very jaws of death and to release slaves
whom you had decided were eager to take arms and to make war in Sicily,
and whom in accordance with the opinion of your colleagues on the bench
you
had sentenced, after they had been already delivered up to punishment after
the manner of our ancestors and had been bound to the stake, in order to
reserve
for Roman citizens the cross which you had erected for condemned slaves?
Ruined cities, when their affairs are all desperate, are often accustomed
to these
disastrous scenes, to have those who have been condemned restored to their
original position; those who have been bound, released; those who have
been
banished, restored; decisions which have been given, rescinded. And when
such events take place, there is no one who is not aware that that state
is hastening
to its fall. When such things take place, there is no one who thinks that
there is any hope of safety left. [13] And whenever these things
do take place, their
effect has been to cause popular or high-born men to be relieved from punishment
or exile; still, not by the very men who have passed the sentences; still,
not instantly; still, not if they have been convicted of those crimes which
affected the lives and property of all the citizens. Still this is an utterly
unprecedented step, and of such a character as to appear credible rather
from consideration of who the criminal is, than from consideration of the
case itself
That a man should have released slaves; that that very man who had sentenced
them should release them; that he should release them, in a moment, out
of the
very jaws of death, that he should release slaves convicted of a crime
which affected the life and existence of every free man-- [14] O
splendid general, not
to be compared now to Marcus Aquillius, a most valiant man, but to the
Paulli, the Scipios, and the Marii! That a man should have had such foresight
at a
time of such alarm and danger to the province! As he saw that the minds
of all the slaves in Sicily were in an unsettled state on account of the
war of the
runaway slaves in Italy, what was the great terror he struck into them
to prevent any one's daring to stir? He ordered them to be arrested--who
would not he
alarmed? He ordered their masters to plead their cause--what could be so
terrible to slaves? He pronounced ’ÄúThat they appeared to have done....’Äù
He seems
to have extinguished the rising flame by the pain and death of a few. What
follows next? Scourgings, and burnings, and all those extreme agonies which
are
part of the punishment of condemned criminals, and which strike terror
into the rest, torture and the cross? From all these punishments they are
released.
Who can doubt that he must have overwhelmed the minds of the slaves with
the most abject fear, when they saw a praetor so good-natured as to allow
the
lives of men condemned of wickedness and conspiracy to be redeemed from
punishment, the very executioner acting as the go-between to negotiate
the
terms?
VII.[15] What more? Did you not act in the same manner in the case of Aristodemus
of Apollonia, and in that of Leon of Megara? What more? Did that
unquiet state of the slaves, and that sudden suspicion of war, inspire
you with any additional diligence in guarding the province, or with a new
plan for
acquiring most scandalous gain? When at your instigation the steward of
Eumenides of Halicya, a highborn and honourable man of great wealth, was
accused of some crime, you got sixty thousand sesterces from his master,
and he lately explained to us, as a witness on his oath, how you managed
it. From
Caius Matrinius, a Roman knight, you took in his absence, while he was
at Rome, a hundred thousand sesterces, because you said that his stewards
and
shepherds had fallen under suspicion. Lucius Flavius, the agent of Caius
Matrinius, who paid you that money, deposed to this fact; Caius Matrinius
himself
made the same statement, and that most illustrious man, Cnaeus Lentulus
the censor, who quite recently has both sent letters to you himself, and
has
procured others to be sent to you for the purpose of doing honour to Caius
Matrinius, will prove the same thing. [16] What more? Is it possible
to pass
over the case of Apollonius, the son of Diocles, a Panormitan, whose surname
is Geminus? Can anything be mentioned which is more notorious in the
whole of Sicily? anything which is more scandalous? anything which is more
fully proved? This man Verres, as soon as he came to Panormus, ordered
to be
summoned before him, and to be cited before his tribunal, in the presence
of a great number of the Roman settlers in that city. Men immediately began
to
talk; to wonder how it was that Apollonius, a wealthy man, had so long
remained free from his attacks. ’ÄúHe has devised some plan; he has brought
some
charge against him; a rich man is not summoned in a hurry by Verres without
some object.’Äù All are in the greatest state of anxiety to see what is
to happen,
when on a sudden Apollonius himself runs up, out of breath, with his young
son; for his father, a very old man, had been for some time confined to
his bed.
[17] Verres names one of his slaves, who he said was the manager
of his flocks; says that he has formed a conspiracy, and excited slaves
in other
households. He had actually no such slave in his family at all. He orders
him to be produced instantly. Apollonius asserts that he has no slave whatever
of
that name. Verres orders the man to be hurried from the tribunal, and to
be cast into prison. He began to cry out, while he was being hurried off,
that the,
unhappy man that he was, had done nothing; had committed no offence; that
his money was all out at loan, that ready money he had none. While he kept
making these declarations in a very numerous assembly of people, so that
every one could understand that he was treated with this bitter injustice
and
violence because he had not given Verres money,--while, I say, he kept
making these statements about his money at the top of his voice, he was
thrown into
prison.
VIII.[18] See now the consistency of the praetor, and of that praetor who,
now being on his trial, is not defended as a tolerable praetor, but is
extolled as an
admirable general. While a war of slaves was dreaded, he released condemned
slaves from the same punishment which he inflicted on their masters who
were not condemned. He threw into prison, under pretence of a servile war,
without a trial, Apollonius, a most wealthy man, who if the runaway slaves
had
kindled a war in Sicily would have lost a most magnificent fortune: the
slaves whom he himself, with the agreement of his assessors, decided had
conspired
together for the purpose of war, those, without the consent of his assessors,
of his own accord, he released from all punishment. [19] What more
shall I
say? If anything was done by Apollonius to justify his being punished,
shall we conduct this affair in such a manner as to impute it as a crime
to the
defendant, as to seek to excite ill-feeling against him, if he has judged
a man rather too harshly? I will not act in so bitter a spirit. I will
not adopt the usual
method of accusers, so as to disparage anything which may have been done
mercifully, as having been so done out of indifference; or, if anything
has been
punished with severity, so as to pervert that into a charge of cruelty--I
will not act on that system. I will follow your decisions; I will defend
your authority as
long as you choose; when you yourself begin to rescind your own decrees,
then cease to be angry with me, for I will contend, as I have a right to
do, that he
who has been condemned by his own decision ought to be condemned by the
decisions of judges on their oaths. [20] I will not defend the cause
of
Apollonius, my own friend and connection, lest I should seem to be rescinding,
our decision; I will say nothing of the economy, of the virtue, of the
industry
of the man; I will even pass over that which I have mentioned before, that
his fortune was invested in such a manner, in slaves, in cattle, in country
houses, in
money out at loan, that there was no man to whom it would be more injurious
for there to be any disturbance or war in Sicily; I will not even say this,
that if
Apollonius were ever so much in fault, still an honourable man of a most
honourable city ought not to have been so severely punished without a trial.
[21] I
will not seek to excite any odium against you, not even out of the circumstances
that, while such a man was lying in prison, in darkness, in dirt and filth,
all
permission to visit him was refuted by your tyrannical prohibition to his
aged father, and to his youthful son. I will even pass over this, that
every time that
you came to Panormus during that eighteen months, (for all that time was
Apollonius kept in prison,) the senate of Panormus came to you as suppliants,
with the public magistrates and priests, praying and entreating you to
release some time or other that miserable and innocent man from that cruel
treatment. I
will omit all these statements; though, were I to choose to follow them
up, I could easily show by your cruelty towards others, that every channel
of mercy
from the judges to yourself has been long since blocked up.
IX.[22] All those topics I will abandon, I will spare you them. For I know
beforehand what Hortensius will say in your defence. He will confess that
with
Verres neither the old age of Apollonius's father, nor the youth of his
son, nor the tears of both, had more influence than the advantage and safety
of the
republic. He will say that the affairs of the republic cannot be administered
without terror and severity; he will ask why the fasces are borne before
the
praetors, why the axes are given to them, why prisons have been built,
why so many punishments have been established against the wicked by the
usage of
our ancestors. And when he has said all this with becoming gravity and
sternness, I will ask him why Verres all of a sudden ordered this same
Apollonius to
be released from prison, without any fresh circumstances having been brought
to light, without any defence having been made, or any trial having taken
place? And I will affirm that there is so much suspicion attached to this
charge, that, without any arguments of mine, I will allow the judges to
form their own
opinion as to what a system of plundering this was, how infamous, how scandalous,
and what an immense and boundless field it opens for inordinate gain.
[23] For first of all consider for a moment how many and how grievous
were the evils which that man inflicted on Apollonius; and then calculate
them and
estimate them by money. You will find that they were all so continued in
the case of this one wealthy man, as by their example to cause a fear of
similar
suffering and danger to all others. In the first place, there was a sudden
accusation of a capital and detestable crime; judge what you think this
worth, and
how many have bought themselves off from such charges. In the next place,
there is an accusation without an accuser, a sentence without any bench
of
judges, a condemnation without any defence having been made. Estimate the
money to be got by all these transactions, and then suppose that Apollonius
alone was an actual victim to these atrocities, but that all the rest,
as many as they were, delivered themselves from these sufferings by money.
Lastly, there
were darkness, chains, imprisonment, punishment within the prison, seclusion
from the sight of his parents and of his children, a denial of the free
air and
common light of heaven; but these things, which a man might freely give
his life to escape, I am unable to estimate by the standard of money. [24]
From all
these things did Apollonius after a long time ransom himself, when he was
worn out with suffering and misery; but still he taught the rest to meet
that man's
wickedness and avarice beforehand. Unless you think that a wealthy man
was selected for so incredible an accusation without any object of gain;
or that,
again, he was on a sudden released from prison without any corresponding
reason; or that this method of plundering was used and tried in the case
of that
man alone, and that terror was not, by means of his example, held out to
and struck into every rich man in Sicily.
X.[25] I wish, O judges, to be prompted by him, since I am speaking of
his military renown, if by accident I pass over anything. For I seem to
myself to
have spoken of all his exploits which are connected with his suspicion
of a servile war; at all events I have not omitted anything intentionally.
You are in
possession of the man's wisdom, and diligence, and vigilance; and of his
guardianship and defence of the province. The main thing is, as there are
many
classes of generals, for you to know to what class he belongs. But that,
in the present dearth of brave men, you may not be ignorant of such a commander
as
he is, know,--I beg you, O judges, to be aware, that his is not the wisdom
of Quintus Maximus, nor the promptness of action belonging to that great
man the
elder Africanus, nor the singular prudence of the Africanus of later times,
nor the method and discipline of Paulus Aemilius, nor the vigour and courage
of
Caius Marcus; but that he is to be esteemed and taken care of as belonging
to quite a different class of generals. [26] In the first place,
see how easy and
pleasant to himself Verres by his own ingenuity and wisdom made the labour
of marches, which is a labour of the greatest importance in all military
affairs,
and most especially necessary in Sicily. First, in the winter season he
devises for himself this admirable remedy against the severity of the cold
and the
violence of storms and floods; he selected the city of Syracuse, the situation
of which and the nature of its soil and atmosphere are said to be such
that there
never yet was a day of such violent and turbulent storms, that men could
not see the sun at some time or other in the day. Here that gallant general
was
quartered in the winter months, so securely that it was not easy to see
him, I will not say out of the house, but even out of bed. So the shortness
of the day
was consumed in banquets, the length of the night in adulteries and debaucheries.
[27] But when it began to be spring, the beginning of which he was
not
used to date from the west wind, or from any star, but he thought that
spring was beginning when he had seen the rose, then he devoted himself
to labour
and to marches; and in these he proved himself so patient and active that
no one ever once saw him sitting on a horse.
XI. For, as was the custom of the kings of Bithynia, he was borne on a
litter carried by eight men, in which was a cushion, very beautiful, of
Melitan
manufacture, stuffed with roses. And he himself had one chaplet on his
head, another on his neck, and kept putting a network bag to his nose,
made of the
finest thread, with minute interstices, full of roses. Having performed
his march in this manner, when he came to any town he was carried in the
same litter
up to his chamber. Thither came the magistrates of the Sicilians, thither
came the Roman knights, as you have heard many of them state on their oaths;
there
disputes were secretly communicated to him; and from thence, a little while
afterwards, decrees were openly brought down. Then, when for a while he
had
dispensed the laws for bribery, and not out of considerations of justice,
he thought that now the rest of his time was due to Venus and to Bacchus.
[28] And
when speaking of this, I must not omit the admirable and singular diligence
of this great general. For know that there is no town in all Sicily of
those in
which the praetors are accustomed to stay and hold their court, in which
there was not some woman selected for him out of some respectable family,
to
gratify his lust. Some of them were even openly present at his banquets.
If there were some a little modest, they used to come at the proper time,
and avoided
the light of day, and the crowd. And these banquets were celebrated, not
with the orderly silence of the banquets of praetors and generals of the
Roman
people, nor with that modesty which is usually found at the entertainments
of magistrates, but with the most excessive noise and licence of conversation
sometimes even affairs proceeded to blows and fighting. For that strict
and diligent praetor, who had never obeyed the laws of the Roman people,
observed
most carefully those rules which are laid down for drinking parties. And
accordingly the ends of these banquets were such that men were often carried
out
from the feast as from a battle; others were left on the ground as dead;
numbers lay prostrate without sense or feeling, so that any one who beheld
the scene
would have supposed that he was looking not on a banquet of a praetor,
but on the battle of Cannae.
XII.[29] But when the middle of summer began to be felt, the time that
all the praetors in Sicily have been accustomed to devote to their journeys,
because
they think that the best time for travelling over the province where the
corn is on the threshing-floor, because at that time all the members of
a household are
collected together, and the number of a person's slaves is seen, and the
work that is done is most easily observed; the abundance of the harvest
invites travel
and the season of the year is no obstacle to it; then, I say, when all
other praetors are used to travel about, that general of a new sort pitched
himself a
permanent camp in the most beautiful spot in Syracuse. [30] For at
the very entrance and mouth of the harbour, where first the bay begins
to curve from the
shore of the open sea towards the city, he pitched tents of fine linen
curtains; thither he migrated from the praetorian palace which had belonged
to king
Hiero, and lived here so that during the whole summer no one ever saw him
out of his tent. And to that tent no one had access unless he was either
a boon
companion, or a minister of his lust. Hither came all the women with whom
he had any intrigue, and of these it is incredible how great a number there
was at
Syracuse. Hither came men worthy of that man's friendship, worthy associates
in that course of life also those banquets. Among such men and such women
as these, his son, now grown up, spent his time; in order that if nature
removed him at all from the likeness to his father, still use and constant
training might
make him resemble him. [31] That Tertia whom I have spoken of before,
having been tempted by trick and artifice to leave her Rhodian flute-player
and to
come hither, is reported to have caused great disturbance in that camp;
as the wife of Cleomenes the Syracusan, a woman of noble birth, and the
wife of
Aeschrio, a woman of very respectable patronage, were very indignant that
the daughter of Isidorus the buffoon should be admitted into their company.
But
that Hannibal, who thought that in his army there ought to be no rivalry
of birth, but only of merit, was so much in love with this Tertia, that
he carried her
with him out of the province.
XIII. And all that time, while that man, clad in a purple cloak and a tunic
reaching to his ankles, was reveling in banquets with women, men were not
offended, nor in the least vexed that the magistrate was absent from the
forum that the laws were not administered, that the courts of justice were
not held;
that all that shore resounded with women's vices, and music and songs.
They were not, I say, at all vexed at there being a total silence in the
forum, no
pleading, and no law. For it was not law or the court of justice that seemed
to be absent from the forum, but violence and cruelty, and the bitter and
shameful
robbery of good men. [32] Do you then, O Hortensius, defend this
man on the ground of his having been a general? Do you endeavour to conceal
his
thefts, his rapine, his cupidity, his cruelty, his pride, his wickedness,
his audacity, by dwelling on the greatness of his exploits and his renown
as a
commander? No doubt I have cause to fear here, that at the end of your
defence you may have recourse to the old conduct of Antonius, and to his
mode of
ending a speech; that Verres may be brought forward, his breast bared,
that the Roman people may see his scars, inflicted by the bites of women,
traces of
lust and profligacy. [33] May the gods grant that you may venture
to make mention of military affairs and of war. For all his ancient military
service shall
be made known, in order that you may be aware, not only what he has been
as a commander, but also how he behaved as a soldier in his campaigns.
That
first campaign of his shall be brought up again, in which he was, as he
says himself, subservient to others, not their master. The camp of that
gambler of
Placentia shall be brought: up again, where, though he were assiduous in
his attendance, he still lost his pay. Many of his losses in his campaigns
shall be
recounted, which were made up for and retrieved by the most infamous expedients.
[34] But afterwards, when he had become hardened by a long course
of
such infamy,--when he had sated others, not himself,--why need I relate
what sort of man he turned out? what carefully guarded defences of modesty
and
chastity he broke down by violence and audacity? or why should I connect
the disgrace of an, one else with his profligacy? I will not do so, O judges.
I will
pass over all old stories; I will only mention two recent achievements
of his, without fixing infamy on any one else; and by those you will be
able to
conjecture the rest. One of them is, that it was so notorious to every
one, that during the consulship of Lucius Lucullus and Marcus Cotta, no
one ever came
up from any municipal town to Rome on any law business, who was so ill-informed
of what was going on as not to know that all the laws of the Roman
people were regulated by the will and pleasure of Chelidon the prostitute.
The other is that, after he had left the city in the robe of war,--after
he had
pronounced the solemn vows for the success of his administration, and for
the common welfare of the republic, he was accustomed, for the sake of
committing adultery, to be brought back into the city, at night, in a litter,
to a woman who, though the wife of one man, was common to all men, contrary
to
law, contrary to what was required by the auspices, contrary to everything
which is held sacred among gods and men.
XIV.[35] O ye immortal gods! what a difference is there between the minds
and ideas of men! So may your good opinion and that of the Roman people
approve of my intentions, and sanction my hopes for the rest of my life,
as I have received those offices with which the Roman people has as yet
entrusted
me with the feeling that I was bound to a conscientious discharge of every
possible duty. I was appointed quaestor with the feeling that that honour
was not
given to me so much as lent and entrusted to me. I obtained the quaestorship
in the province of Sicily, and considered that every man's eyes were turned
upon me alone. So that I thought that I and my quaestorship were being
exhibited on some theatre open to the whole world; so that I denied myself
all those
things which seem to be indulgences, not merely to those irregular passions,
but even those which are coveted by nature itself and by necessity. [36]
Now I
am aedile elect, I consider what it is that I have received from the Roman
people; I consider that I am bound to celebrate holy games with the most
solemn
ceremonies to Ceres, to Bacchus, and to Libera; that I am bound to render
Flora propitious to the Roman nation and people by the splendour of her
games;
that it is my office to celebrate those most ancient games, which were
the first that were ever called Roman games, with the greatest dignity
and with all
possible religious observance, in honour of Juno, Jupiter, and Minerva;
that the charge of protecting all the sacred buildings and the whole city
is entrusted
to me; that as a recompense for all that labour and anxiety these honours
are granted to me,--an honourable precedence in delivering my opinion in
the
senate; a toga praetexta; a curule chair; a right of transmitting my image
to the recollection of my posterity. [37] I wish, O judges, that
all the gods may be
propitious to me, as I do not receive by any means so much pleasure from
all these things, (though the honours conferred on me by the people are
most
acceptable to me,) as I feel anxiety, and as I will take pains, that this
aedileship may not seem to have been given to some one of the candidates,
because it
could not be helped, but to have been conferred on me because it was proper
that it should be, and to have been conferred by the deliberate judgment
of the
people.
XV.[38] You, when you were appointed praetor, by whatever means it was
brought about,--for I leave out and pass over everything that was done
at that
time,--but when you were appointed, as I have said, were you not roused
by the very voice of the crier, who made such frequent announcements that
you had
been invested with that honour by the centimes of the seniors and juniors,
to think that some part of the republic had been entrusted to you? that
for that one
year you must do without the house of a prostitute? When it fell to you
by lot to preside in the court of justice, did you never consider what
an important
affair, what a burden you had imposed on you? Did it never once occur to
you, if by any chance you were able to awaken yourself, that that province,
which
it was difficult for a man to administer properly even if endowed with
the greatest wisdom and the greatest integrity, had fallen to the lot of
the greatest
stupidity and worthlessness? Therefore, you were not only unwilling to
drive Chelidon from your house during your praetorship, but you even transported
your whole praetorship to Chelidon's house. [39] The province followed;
in which it never occurred to you that the fasces and axes, and such absolute
authority, and such dignity, and every sort of decoration, was not given
to you in order, by the power and authority derived from these things,
to break down
all the barriers of law and modesty and duty, and to consider every man's
property as your own booty; so that no man's estate could be safe, no man's
house
closed; no man's life protected, no woman's chastity fortified, against
your cupidity and audacity; in which you behaved yourself in such a way
that, being
detected in everything, you take refuge in an imaginary war of runaway
slaves; by which you now perceive, that not only no defence is procured
for you, but
that an immense body of accusations is raised up against you; unless, indeed,
you are going to speak of the relics of the war in Italy, and the disaster
of
Temsa. 1 But when your fortune recently conducted you to that place, at
a most seasonable time, if you had any courage, or any energy, you were
found to
be the same man that you had ever been.
XVI.[40] When the men of Valentia had come to you, and when a noble and
an eloquent man, Marcus Marius, was addressing you on their behalf, begging
you to undertake the business, and, as the power and the name of praetor
belonged to you, to act as their chief and leader in extinguishing that
small band
that was at Temsa, you not only shunned that task, but at that very time,
while you were on the shore, that dear Tertia of yours, whom you were carrying
with
you, was there in the sight of all men. And to the deputies from Valentia,
such an illustrious and noble municipality, you gave no answer at all in
matters of
such moment, while you were still in your dark-coloured tunic and cloak.
What can you, O judges, suppose that this man did while on his journey?
what can
you suppose he did in the province itself who, when he was on his way from
his province, not to celebrate a triumph, but to be put on his trial, did
not avoid a
scandal which could not have been accompanied by any pleasure. [41]
Oh! the noble murmur of the crowd in the temple of Bellona! You recollect,
O
judges, when it was getting towards evening, and when mention had been
made a short time before of this disaster at Temsa, when no one was found
who
could be sent into those districts with a military command, that some one
said that Verres was not far from Temsa. You recollect how universally
every one
murmured; how openly the chief men repudiated the suggestion. And does
the man who has been convicted of so many accusations by so many witnesses,
now place any hope in the votes of those judges, who have already openly
condemned him, even before his cause was heard?
XVII.[42] Be it so. He has gained no credit either from any war of the
runaway slaves, or from the suspicion of such a war; because there has
neither been
any such war, nor danger of any such war in Sicily; nor were any precautions
taken by him to prevent such a war. But, at all events, against any war
of
pirates he had a fleet well equipped, and he exhibited extraordinary energy
in that matter. And therefore, while he was praetor, the province was admirably
defended. I will speak of the war with the pirates, and of the Sicilian
fleet, when I have first of all solemnly stated, that with respect to this
matter alone, he
committed all his most enormous crimes,--crimes of avarice, of treason,
of insanity, of lust and of cruelty. I beg of you to give your most diligent
attention,
as you have hitherto given it, while I briefly detail the events that took
place.
[43] In the first place, I say, that the naval affairs were managed, not
with the view of defending the province, but of acquiring money under presence
of
providing a fleet. Though this had been the custom of former praetors,
to impose a contribution of ships and of a fixed number of sailors and
soldiers on
each city, yet you imposed no contribution on the very important and wealthy
city of the Mamertines. What money the Mamertines gave you secretly for
that indulgence, will be seen hereafter; we will ascertain that from their
own letters and witnesses. [44] But I assert, that a merchant vessel
of the largest size,
like a trireme, very beautiful, and highly ornamented, was openly built
at the public expense, with the knowledge of all Sicily, and given and
presented to you
by the magistrates and senate of the Mamertines. This ship, laden with
Sicilian booty, itself being also a part of that booty, put into Velia,
at the same time
that he himself left the province laden with many articles, and especially
with such as he did not like to send to Rome along with the rest of the
fruits of his
robberies before he arrived himself, because they were the most valuable,
and those which he was most fond of. I myself have lately seen that vessel
at Velia,
O judges, and many other men have seen it too; a very beautiful and highly
ornamented ship, which, indeed, seemed to all who beheld her, to be now
looking
for the banishment, and to be waiting for the departure of her owner.
XVIII.[45] What answer will you make to me now? Unless, perhaps, you say
what, although it cannot possibly be admitted as an excuse, yet must be
urged
in a trial for extortion, that that ship was built with your own money.
Dare, at least, to say this which is necessary. Do not be afraid, O Hortensius,
of my
asking how it became lawful for a senator to build a ship? Those are old
and dead laws, as you are accustomed to call them, which forbid it. There
was such
a republic here, once, O judges; there was such strictness in the tribunals,
that an accuser would have thought such a transaction worthy to be classed
among
the most serious crimes. For what did you want of a ship? when, if you
were going anywhere on account of the state, ships were provided for you
at the
public expense, both to convey you, and to guard you? But it is not possible
for you to go anywhere on your own private account, nor to send for articles
across the sea from those countries in which it is not lawful for you to
have any possessions, or any dealings. [46] Then, why have you prepared
anything
contrary to the laws? This charge would have had weight in the ancient
severity and dignity of the republic. Now, I not only do not accuse you
on account of
this offence, but I do not even reprove you with an ordinary reprimand.
Lastly, did you never think that this would be discreditable to you? did
you never
think it would be ground for an accusation, or cause for unpopularity,
to have a transport openly built for you, in a most frequented place in
that province in
which you had the supreme command? What did you suppose that they said
who saw it? What did you suppose that they thought who heard of it? Did
they
think that you were going to take that vessel to Italy, empty? that you
were going to let it out as a sailing boat, when you got to Rome? No one
would even
believe that you had in Italy any farm on the coast, and that you were
preparing a merchant vessel for the purpose of moving your crops. Did you
wish every
man's conversation to be such as for men to say openly that you were preparing
that ship to carry all your plunder from Sicily, and to go to and fro for
the
booty which you had left behind? [47] But, however, I give up and
grant the whole of this, if you say that the vessel was built with your
money. But, O most
demented of men, are you not aware that this ground was cut from under
your feet by those very friends of yours, the Mamertines themselves, in
the
previous pleading? For Heius, the chief man of the city,--the chief man
of that deputation which was sent to utter a panegyric on you, said that
the ship had
been built for you by the public labour of the Mamertines, and that a Mamertine
Senator had been appointed by public authority to superintend the building
of it. The only thing that remains is the materials. And this you yourself
compelled the Rhegians to furnish at the public expense, as they say themselves
(not that you can deny it), because the Mamertines have no proper materials.
XIX. If both the materials of which the vessel is built, and if those who
built it, were provided by your authority, not at your expense, what, then,
is the secret
thing which you say was paid for with your money? Oh! but the Mamertines
have no enemies respecting it in their public accounts. [48] In the
first place, I
can understand that it may be possible that they did not disburse any money
out of the treasury. In fact, even the Capitol, as it was built in the
time of our
ancestors, was able to be built and completed by public authority, but
without any public payment, workmen being pressed into the service, and
a fair quota
of work being exacted from each person respectively. In the next place,
I see this also, (which I will prove when I produce my witnesses, from
the accounts
of the Mamertines themselves,) that a great deal of money was spent by
that man which was entered as paid for imaginary contracts for works that
never
existed. For it is not at all strange that the Mamertines should in their
accounts have shown a regard for that man's safety, from whom they had
received the
greatest benefits, and whom they had known to be much more friendly to
them than he was to the Roman people. But if it is any argument that the
Mamertines did not give you money, because they have not got it down in
their accounts, let it be an argument also that the ship cost you nothing,
because
you have no entry to produce of having bought it, or having made a contract
with any one to build it for you.
[49] Oh! but you did not command the Mamertines to furnish a ship,
because they are one of the confederate cities. Thank God, we have a man
trained by
the hands of the Fetiales; 2 a man above all others pious and careful in
all that belongs to public religion. Let all the men who have been praetors
before you
be given up to the Mamertines, because they have commanded them to furnish
ships contrary to the provisions of the treaty. But still you, O you pious
and
scrupulous man, how was it that you commanded the people of Tauromenium,
which is also a confederate city, to furnish a ship? Will you make any
one
believe that, while the case of both the states was exactly the same, the
law that you administered, and the condition in which you left each, was
so different,
without money being the cause of the difference? [50] What, if I
prove, O judges, that these two treaties with the two states were of such
a nature, that in the
case of the people of Tauromenium it was expressly provided for and guarded
against in the treaty, ’Äúthat they were not bound to furnish a vessel;’Äù
but that
in the case of the Mamertines it was set down and written in the treaty
itself, ’Äúthat they were bound to furnish a vessel;’Äù but that Verres,
in opposition to
both treaties, compelled the Tauromenians to furnish one, and excused the
Mamertines? Can it, then, be doubtful to any one that, while Verres was
praetor,
that merchant-vessel was a greater assistance to the Mamertines than the
treaty was to the Tauromenians? Let the treaties be read. [The treaties
of the
Mamertines and the Tauromenians with the Roman people are read.]
XX. By that act therefore, of kindness, as you call it--of corruption and
dishonesty, as the case itself proves,--you detracted from the majesty
of the republic,
you diminished the reinforcements of the Roman people--you diminished their
resources, acquired by the valour and wisdom of their ancestors; you
destroyed their imperial rights, and the terms on which the allies became
such, and all recollection of the treaty. They who by the express words
of the treaty
were bound to send at their own expense and risk a ship properly armed
and equipped with everything necessary, even as far as the ocean if we
ordered
them to do so, those men bought from you for money a release from the terms
of the treaty, and a release from the lights of sovereignty which we had
over
them, so as to be excused from even sailing in that narrow sea before their
own houses and homes, from defending their own walls and harbours. [51]
How
much labour, and trouble, and money, do you suppose the Mamertines at the
time of making this treaty would willingly have devoted to the object of
preventing this bireme from being mentioned in it, if they could by any
possibility have obtained such a favour from our ancestors? For when this
heavy
burden was imposed on the city, there was contained somehow or other in
that treaty of alliance some badge, as it were, of slavery. That which
then, when
their services were recent, before the matter was finally determined, when
the Roman people were in no difficulties, they could not obtain by treaty
from our
ancestors; that now, when they have done us no new service, after so many
years,--now that it has been enforced every year by our right of sovereignty,
and
has been invariably observed--now, I say, when we are in great want of
vessels, they have obtained from Caius Verres by bribery.
Oh! but this is all that they have gained, exemption from furnishing a
ship! Have the Mamertines for the last three years furnished one sailor,
one soldier, to
serve either in fleet or in garrison, all the time you have been praetor?
XXI.[52] Lastly, when according to the resolution of the senate, and also
according to the Terentian and Cassian law, corn was to be bought in equal
proportions from all the cities of Sicily, from that light burden also,
which they shared too with all the other cities, you relieved the Mamertines.--You
will
say that the Mamertines do not owe corn. How do not owe corn? Do you mean
to say they were not bound to sell us corn? For this corn was not a
contribution to be exacted, but a supply to be purchased. By your permission,
then, by your interpretation of the treaty, the Mamertines were not bound
to
assist the Roman people, even by supplying their markets, and furnishing
them with provisions. [53] And what city, then, was bound to supply
these things?
As for those who cultivate the public domains, it is settled what they
are bound to furnish by the Censorian Law. Why did you exact from them
anything
besides that in another class of contribution? What? Do those who are liable
to the payment of tenths owe anything more than a single tenth, according
to
the Law of Hiero? Why have you fixed in their case also how much corn they
were to be bound to sell to us, that being another description of contribution?
Those who are exempt undoubtedly owe nothing. But you not only exacted
this from them, but even by way of making them give more than they possibly
could, you added to their burden those sixty thousand modii from which
you excused the Mamertines. And this is not what I say, that this was not
rightly
exacted from the others; what I say is, that it was a scandalous thing
to excuse the Mamertines, whose case was exactly the same, and from whom
all
previous praetors had exacted the same contribution that they did from
the rest, and had paid them for it according to the resolution of the senate,
and the
law. And in order to drive in this indulgence with a big nail, as one may
say, he takes cognisance of the cause of the Mamertines while sitting on
the bench
with his assessors, and pronounces judgment, that he, according to the
decision of the bench, does not demand any corn from the Mamertines. [54]
Listen
to the decree of the mercenary praetor from his own note-book; and take
notice how great his gravity is in framing a degree, how great his dignity
is in
pronouncing it. Read the next memorandum of his decrees. [The decree, extracted
from Verres's note-book, is read.]
He says, ’Äúwhat he does this willingly,’Äù and therefore he makes the
entry in his book. What then? suppose you had not used this word ’Äúwillingly,’Äù
should
we, forsooth, have supposed that you made this profit unwillingly? ’ÄúAnd
by the advice of the bench;’Äù you have heard a fair list of the assessors
read to you,
O judges Did it seem to you, when you heard their names, that a list of
assessors to a praetor was being read, or a roll of the troop and company
of a most
infamous bandit? [55] Here are interpreters of treaties, settlers
of the terms of alliances, authorities as to religious obligations! Corn
was never bought in
Sicily by public order, without the Mamertines being ordered to furnish
their just proportion, till that fellow appointed this select and admirable
bench of his,
in order to get money from them, and to act up to his invariable character.
Therefore, that decree had just the weight that the authority of that man
ought to
have, who sold a decree to those men from whom it had been his duty to
buy corn. For Lucius Metellus, the moment he arrived as his successor,
required
corn of the Mamertines, according to the regulations and appointment of
Caius Sacerdos and Sextus Peducaeus.
XXII.[56] Then the Mamertines perceived that they could not longer retain
the privilege which they had bought from its unprincipled author. Come
now,
you, who were desirous to be thought such a scrupulous interpreter of treaties,
tell us why you compelled the Tauromenians and the Netians to furnish corn;
for both of those are confederate cities. And the Netians were not wanting
to themselves, for as soon as you pronounced your decision that you willingly
excused the Mamertines, they came before you, and proved to you that their
case under the treaty was exactly the same. You could not make a different
decree in a case which was identical with the other. You pronounce that
the Netians are not bound to furnish corn, and still you exact it from
them. Give me
the papers of this same praetor referring to his decrees, and to the corn
that was ordered to be supplied, and to the wheat that was bought. [The
papers of the
praetor referring to the decrees, to the corn ordered to be supplied, and
to the wheat purchased, are read.]
In a case of such enormous and shameful inconsistency, what can we suspect,
O judges, rather than that which is inevitable; either that money was not
given
to him by the Netians when he demanded it, or else that the Mamertines
were given to understand that they had disposed of all their bribes and
presents very
advantageously, when others, whose case was identical with theirs, could
not obtain the same privileges?
[57] Will he here again venture to make mention to me of the panegyric
of the Mamertines? for who is there of you, O judges, who is not aware
how many
weapons that furnishes against him? In the first place, as in courts of
justice it is more respectable for a man who cannot produce ten witnesses
to speak to
his character, to produce none at all, than not to complete the number
made as it were legitimate by usage; so there are a great many cities in
Sicily over
which you were governor for three years; almost all the rest accuse you;
a few insignificant ones, kept back by fear, say nothing; one speaks in
your favour.
What does all this show except that you are aware how advantageous genuine
evidence to a person's character is; but that, nevertheless, your administration
of the province was such that you are forced of necessity to do without
that advantage?
[58] In the next place, as I said before on another occasion, what sort
of a panegyric is that, when the chief men of the deputation commissioned
to utter it,
stated, both that a ship had been built for you at the public expense,
and also that they themselves had been plundered and pillaged by you in
respect of their
private property? Lastly, what else is it that these people do, when they
are the only people in all Sicily who praise you, beyond proving to us
that you gave
them everything of which you robbed our republic? What colony is there
in Italy in possession of such privileges, what municipality is there enjoying
such
immunities, as to have had for all these years such a profitable exemption
from all burdens, as the city of the Mamertines has had for three years?
They
alone have not given what they were bound to give according to the treaties;
they alone, as long as that man was praetor, enjoyed immunity from all
burdens;
they alone under that man's authority lived in such a condition that they
gave nothing to the Roman people, and refused nothing to Verres.
XXIII.[59] But to return to the fleet, from which topic I have been digressing;
you accepted a ship from the Mamertines contrary to the laws; you granted
them relaxation contrary to the treaties; so that you behaved like a rogue
twice in the case of one city, as you both granted indulgences which you
had no
right to grant, and accepted what it was not lawful for you to accept.
You ought to have exacted a ship from them fit to sail against robbers,
not to carry off
the produce of your robberies; one which might have defended the province
from being despoiled, not one that was to bear away the fresh spoils of
the
province. The Mamertines gave you both a city to which you might carry
all the plunder you amassed from all quarters, and also a ship, in which
you might
take it away. That town was a receptacle for your plunder, those men were
the witnesses to and guardians of your plunder; they supplied to you both
a
repository for your thefts, and a conveyance for them. In consequence,
even when you had lost a fleet by your own avarice and worthlessness, you
did not
venture to require a ship of the Mamertines, at a time when our want of
ships was so excessive, and the distress of the province so great, that,
even if it had
been necessary to beg as supplicants for a ship, they would have granted
it. But all your power either of commanding a vessel to be furnished, or
of begging
for one, was crippled, not by the bireme supplied to the Roman people,
but by that splendid merchant vessel given to the praetor. That was the
price of your
authority, of the reinforcement they were bound to supply, of exemption
from the requirements of law, and usage, and of the treaty.
[60] You have now the case of the trusty assistance of one city lost to us and sold. Now listen to a new system of robbery first invented by Verres.
XXIV. Each city was always accustomed to give to its admiral the money
necessary for the expense of the fleet, for provisions, for pay, and for
all such
things. The admiral did not dare to give the sailors any ground for accusing
him, and was, besides, bound to render an account of the money to his
fellow-citizens. In the whole business all the trouble and all the risk
was his. This, I say, was the regular course not only in Sicily, but in
every province, even
in the case of the pay and expense of the Latin allies, at the time when
we were accustomed to employ their assistance. Verres was the first man,
ever since
our dominion was established, who ordered that all that money should be
paid to him by the cities, in order that whoever he chose to appoint might
have the
handling of that money. [61] Who can doubt why you were the first
man to change the ancient custom of all your predecessors, to disregard
the great
advantage of having the money pass through the hands of others, and to
undertake a work of such difficulty, so liable to accusation,--a task of
such delicacy,
inseparable from suspicion? After that, other sources of gain are established
arising from this one article of the navy; just listen to their number,
O
judges;--he receives money from the cities to excuse them from furnishing
sailors; the sailors that are furnished he releases for a bribe; he makes
a profit of
the whole of thee pay of those who are thus released; he does not pay the
rest all that he ought to pay. All this you shall have proved to you by
the evidence
of the cities. Read the evidence of the cities. [The evidence of the cities
is read.]
XXV.[62] Did you ever hear of such a man? Did you ever hear, O judges,
of such impudence? of such audacity? to impose on the cities the payment
of a
sum of money in proportion to the number of soldiers, and to fix a regular
price, six hundred sesterces, for the discharge of each sailor! and as
those who
paid that sum were released from service for the whole summer, Verres pocketed
all that he received both for their pay and for their maintenance. And
by
this means he made a double profit of the discharge of one person. And
this most insane of men, at a time of frequent invasion of pirates, and
of imminent
danger to the province, did this so openly, that the pirates themselves
were aware of it, and the whole province was a witness to it.
[63] When, owing to this man's inordinate avarice, there was a fleet
indeed in name in Sicily, but in reality empty ships, fit only to carry
plunder for the
praetor, not to strike terror into pirates; nevertheless, while Publius
Caesetius and Publius Tadius were sailing about with these ten half-manned
ships, they, I
will not say took, but led away with them one ship, laden with the spoils
of the pirates, evidently overwhelmed and sinking with the burden of its
freight. That
vessel was full of a number of most beautiful quilts, full of quantities
of well-wrought plate, and of coined money; full of embroidered robes.
This one vessel
was not taken by our fleet, but was found at Megaris, a place not far from
Syracuse. And when the news was brought to him, although he was lying in
his
tent on the shore, with a lot of women, drunk, still he roused himself,
and immediately sent to the quaestor and to his own lieutenant many men
to act as
guards, in order that everything might be brought to him to see in an uninjured
state, as soon as possible. [64] The vessel is brought to Syracuse.
All expect
that the pirates will be punished. He, as if it was not a case of pirates
being taken, but of a booty being brought to him, considers all the prisoners
who were
old or ugly as enemies; those who had any beauty, or youth, or skill in
anything, he takes away: some he distributed among his clerks, his retinue,
and his
son; six skillful musicians he sends to Rome as a present to some friend
of his. All that night he spent in unloading the ship. No one sees the
captain of the
pirate vessel, who ought to have been executed. And to this very day every
one believes, (how much truth there is in the belief, you also may be able
to
conjecture,) that Verres secretly took money of the pirates for the release
of the captain of the pirates.
XXVI.[65] It is only a conjecture; but no one can be a good judge who is
not influenced by such certain grounds of suspicion. You know the man,
you
know the custom of all men,--how gladly any one who has taken a chief of
pirates or of the enemy, allows him to be seen openly by all men. But of
all the
body of citizens and settlers at Syracuse, I never saw one man, O judges,
who said that he had seen that captain of the pirates who had been taken;
though all
men, as is the regular custom, flocked to the prison, asked for him, and
were anxious to see him. What happened to make that man be kept so carefully
out
of sight, that no one was ever able to get a glimpse of him, even by accident?
Though all the seafaring men at Syracuse, who had often heard of the name
of
that captain, who had often been alarmed by him, wished to feed their eyes
on, and to gratify their minds with his torture and execution, yet no one
was
allowed even to see him. [66] One man, Publius Servilius, took more
captains of pirates alive than all our commanders put together had done
before. Was
any one at any time denied the enjoyment of being allowed to see a captive
pirate? On the contrary: wherever Servilius went he afforded every one
that most
delightful spectacle, of pirates taken prisoners and in chains. Therefore,
people everywhere ran to meet him, so that the, assembled not only in the
towns
through which the pirates were led, but from all neighbouring towns also,
for the purpose of seeing them. And why was it that that triumph was of
all
triumphs the most acceptable and the most delightful to the Roman people?
Because nothing is sweeter than victory. But there is no more certain evidence
of
victory than to set those whom you have often been afraid of, led in chains
to execution. [67] Why did you not act in this manner? Why was that
pirate so
concealed as if it were impiety to behold him? Why did you not execute
him? For what object did you reserve him? Have you ever heard of any captain
of
pirates having been taken prisoner before, who was not executed? Tell me
one original whose conduct you imitated; tell me one precedent. You kept
the
captain of the pirates alive in order, I suppose, to lead him in your triumph
in front of your chariot. For, indeed, there was nothing wanting but for
the naval
triumph to be decreed to you on the occasion of a most beautiful fleet
of the Roman people having been lost, and the province plundered.
XXVII.[68] Come now--you thought it better that the captain of the pirates
should be kept in custody, according to a novel practice, than that he
should be
put to death according to universal precedent. What then is that custody?
Among what people? Where is he kept? You have all heard of the Syracusan
stone-quarries. Many of you are acquainted with them. It is a vast work
and splendid; the work of the old kings and tyrants. The whole of it is
cut out of
rock excavated to a marvellous depth, and carved out by the labour of great
multitudes of men. Nothing can either be made or imagined so closed against
all
escape, so hedged in on all sides, so safe for keeping prisoners in. Into
these quarries men are commanded to be brought even from other cities in
Sicily, if
they are commanded by the public authorities to be kept in custody. [69]
Because he had imprisoned there many Roman citizens who were his prisoners,
and because he ordered the other pirates to be put there too, he was aware
that if he committed this counterfeit captain of the pirates to the same
custody, a
great many men in those quarries would inquire for the real captain. And
therefore he does not venture to commit the man to this best of all and
safest of all
places of confinement. In fact he is afraid of the whole of Syracuse. He
sends the man away. Where to? Perhaps to Lilybaeum. I see; he was not then
so
entirely afraid of the seafaring men? By no means, O judges. To Panormus
then? I understand; although indeed, since he was taken within the Syracusan
district, he ought, at all events, to have been kept in prison at Syracuse,
if he was not to be executed there. [70] Not at Panormus even. What
then? where do
you suppose it was? He sends him away to men the furthest removed from
all fear or suspicion of pirates, as unconnected as possible with, all
navigation or
maritime affairs--to the Centuripans, a thoroughly inland people, complete
farmers, who would never have been alarmed at the name of a naval pirate,
but
who, while you were praetor, had lived in dread of that chief of all land
pirates, Apronius. And, that every one might easily see that Verres's object
was, that
that counterfeit might easily and cheerfully pretend to be what he was
not, he enjoins the Centuripans to take case that he is supplied as comfortably
and
liberally as possible with food and with all things.
XXVIII.[71] In the meantime, the Syracusans, acute and humane men, who
were capable not only of seeing what was evident, but also of conjecturing
what
was hidden, kept an account every day of the pirates who were put to death;
how many there ought to be they calculated from the size of the vessel
itself
which had been taken, and from the number of oars. He, because he had removed
and taken away all who had any skill in anything, or any beauty, suspected
that there would be an outcry if he had all the pirates fastened to the
stake at once, as is the usual custom, because so many more had been taken
away than
were left: although on this account he had determined to bring them out
in different parties, at different times, still in the whole city there
was no one who did
not keep a strict account and list of them; and they did not only wish
to see the rest, but they openly demanded and claimed it. [72] As
there was a great
number wanting, that most infamous man began to substitute, in the room
of those of the pirates whom he had taken into his own house, the Roman
citizens
whom he had previously thrown into prison; some of whom he accused of having
been soldiers of Sertorius, and said that they had been driven on shore
in
Sicily, while flying from Spain; others, who had been taken by pirates,
while they were engaged in commerce, or else sailing with some other object,
he
accused of having been with the pirates of their own free will: and therefore
some Roman citizens, with their heads muffled up; that they might not be
recognised, were taken from prison to the fatal stake and to execution;
others, though they were recognised by many Roman citizens, and though
all
attempted to defend them, were put to death. But of their most shameful
death did most cruel tortures I will speak when I begin to discuss this
topic; and I
will speak with such feelings, that, if in the course of that complaint
which I shall make of that man's cruelty, and of the most scandalous execution
of
Roman citizens, not only my strength, but even my life should fail me,
I should think it delightful and honourable. [73] These then are
his exploits, this is
his splendid victory; a piratical galley was captured, the captain was
released, the musicians were sent to Rome; those with any good looks, any
youth, or ally
skill, were taken home by him; Roman citizens were tortured and executed
in their room, and to make up their number; all the store of robes was
taken away,
all the silver and gold was taken by him and appropriated to his own use.
XXIX. But how did he defend himself at the former pleading? He who had
been silent for so many days, on a sudden sprang up at the evidence of
Marcus
Annius, a most illustrious man, when he said that a Roman citizen had been
executed, and that the captain of the pirates had not. Being roused by
the
consciousness of his wickedness, and by the frenzy which was inspired by
his crimes, he said that, because be knew that he should be accused of
having
taken money, and of not having executed the real captain of the pirates,
he had on that account not executed him, and he said that two captains
of pirates were
now in confinement in his house. [74] See the clemency, or rather
the marvellous and unexampled patience of the Roman people! Annius, a Roman
knight,
says that a Roman citizen was put to death by the hand of the executioner.
You say nothing. He says that the captain of the pirates was not executed.
You
admit it. At that a groan and outcry arises from all the assembly; though
nevertheless the Roman people checked themselves, and forbore to inflict
present
punishment on you, and left you in safety for the present, being reserved
for the severity of the judges. You, who knew that you should be accused,
how did
you know it? how came you ever to suspect it? You had no enemy. Even if
you had, still you had not lived in such a way as to have any fear of a
court of
justice before yourselves. Did conscience, as often happens, make you timid
and suspicious? Can you, then, who, when you were in command, were even
then in fear of tribunals and accusations, now that you are on your trial
as a criminal, and that the case is proved against you by so many witnesses,
can you,
I say, doubt of your condemnation? [75] But if you were afraid of
this accusation,--that some one might say that you had substituted some
one else, whom
you had caused to be executed for the captain of the pirates, did you think
that it would be a stronger argument in your defence, to produce among
strangers
a long time after, (because I required and compelled you to do so,) a man
who you said was the captain of the pirates; or to execute him, while the
affair was
still of recent date, at Syracuse, among people who knew him well, in the
sight of almost all Sicily? See how great a difference it makes which was
done. In
the one case there could have been no blame attached to you; in the other
you have no defence. And accordingly, all men have always done the one
thing; but
I can find no one before you yourself, who has ever done the other. You
detained the pirate alive. Till when? As long as you were in command. Why
did you
do so? On what account? According to what precedent? Why did you detain
him so long? Why, I say, while the Roman citizens who were taken in the
pirate's company were immediately put to death, did you give the pirates
themselves so long a lease of life? [76] However, so be it. Let your
conduct be
responsible all the time that you were praetor. Did you still, when you
became a private man, and when you became defendant--yes, and when you
were all
but condemned,--did you still, I say, detain the captain of our enemies
in your private house? One month, a second month, almost a year, in fact,
after they
were taken, were the pirates in your house; where they would be still,
if it had not been for me, that is to say, if it had not been for Marcus
Acilius Glabrio,
the praetor, who, at my demand, ordered them to be brought up and to be
committed to prison.
XXX. What is the law in such a case? What is the general custom? What are
the precedents? Can any private man in the whole world detain within the
walls
of his own house the most bitter and unceasing enemy of the Roman people
or, I should rather say, the common enemy of every race and nation? [77]
What more shall I say? What would you say, if the very day before you were
compelled by me to confess that, though you had put Roman citizens to death,
the pirate captain was alive and in your house--if, I say, the very day
before, he had escaped from your house, and had been able to collect an
army against
the Roman people? Would you say, ’ÄúHe dwelt with me, he was in my house;
in order the more easily to refute the accusations of my enemies, I reserved
this man alive and in safety for my trial?’Äù Is it so? Will you defend
yourself from danger, at the risk of the whole community? Will you regulate
the time of
the punishments which are due to conquered enemies, by what is convenient
for yourself, not by what is expedient for the Roman people? Shall an enemy
of
the Roman people be kept in private custody? But even those who have triumphs,
and who on that account keep the generals of the enemy alive a longer
time, in order that, while they are led in triumph, the Roman people may
enjoy an ennobling spectacle, and a splendid fruit of victory; nevertheless,
when they
begin to turn their chariot from the forum towards the Capitol, order them
to be taken back to prison, and the same day brings to the conquerors the
end of
their authority, and to the conquered the end of their lives. [78]
And now, can I suppose that any one doubts that you would never have allowed
(especially
as you made sure, as you say, that a prosecution would be instituted against
you) that pirate to escape execution, and to live to increase your danger
which
was ever before your eyes? For indeed, suppose he had died, whom could
you (who say that you were afraid of a prosecution) have convinced of it?
When it
was notorious that the captain of the pirates had been seen by no one at
Syracuse, and that all desired to see him; when no one had any doubt that
he had
been released by you for a sum of money; when it was a common topic of
conversation that some one had been substituted in his place, who you wished
to
make believe was the man; when you yourself had confessed that you had,
for so long a time before, been afraid of that accusation; if you had said
that he
had died, who would have believed you? [79] Now, when you produce
this man of yours, whoever he may be, still you see that you are laughed
at. What
would you have done if he had escaped? if he had broken his bonds, as Nico,
that most celebrated pirate did, who was afterwards retaken by Publius
Servilius, with the same good fortune as he had originally taken him with;
what would you have said then? But the case was this.--If once that real
captain of
the pirates was put to death, you would not get that money. If this counterfeit
one had died or had escaped, it would not have been difficult to substitute
another in the room of one who was himself only a substitute. I have said
more than I intended of that pirate captain; and yet I have passed over
those things
which are the most certain proofs of this crime. For I wish the whole of
this accusation to remain untouched for the present. There is a certain
place for its
discussion, a certain law to be mentioned in connection with it, a certain
tribunal for whose judgment it is reserved.
XXXI.[80] Though enriched with all this booty, with these slaves, with
this silver plate, and these robes, he was still no more diligent than
before in
equipping the fleet, in recalling and provisioning the troops; though that
would not only have tended to the safety of the province, but might have
been even
profitable to himself. For in the height of summer, when all other praetors
have been accustomed to visit all the province, and to travel about, or
to sail
about,--at a time when there was such fear of and such danger from the
pirates; at that time he was not content, for the purpose of his luxury
and lust, with
his own kingly palace which had belonged to king Hiero, and which the praetors
are in the habit of using. He ordered, as I have stated already, tents,
such as
he was wont to use at the summer season, erected of fine linen curtains,
to be pitched on the seashore; on that part of the shore which is within
the island of
Syracuse, behind the fountain of Arethusa; close to the entrance and mouth
of the harbour, in a very pleasant situation, and one far enough removed
from
overlookers. [81] Here the praetor of the Roman people, the guardian
and defender of the province, lived for sixty days of the summer in such
a style that
he had banquets of women every day, while no man was admitted except himself
and his youthful son. Although, indeed, I might have made no exception,
but might have said that there was no man there at all, as there were only
these two. Sometimes also his freedman Timarchides was admitted. But the
women
were all wives of citizens, of noble birth, except one the daughter of
an actor named Isidorus, whom he, out of love, had seduced away from a
Rhodian flute
player. There was a woman called Pippa, the wife of Aeschrio the Syracusan,
concerning which woman many verses, which were made on Verres's fondness
for her, are quoted over all Sicily. [82] There was a woman too,
called Nice, with a very beautiful face, as it is said, the wife of Cleomenes
the Syracusan.
Cleomenes, her husband, was greatly attached to her, but still he had neither
the power nor the courage to oppose the lust of the praetor; and at the
same time
he was bound to him by many presents and many good offices. But at that
time Verres, though you well know how great his impudence is, still could
not, as
her husband was at Syracuse, be quite easy in his mind at keeping her with
him so many days on the seashore. Accordingly, he contrives a very singular
plan. He gives the command of the fleet, which his lieutenant had had,
to Cleomenes. He orders Cleomenes, a Syracusan, to command a fleet of the
Roman
people. He does this, in order that he might not only be absent from home
all the time that he was at sea, but that he might be so willingly, being
placed in a
post of great honour and profit; and that he himself in the meantime, the
husband being sent away to a distance, might have her with him,--I will
not say
more easily than before, for who ever opposed his lust? but with a rather
more tranquil mind, as he had got rid of him, not as a husband but as a
rival.--Cleomenes, a Syracusan, takes the command of a fleet of our allies
and friends.
XXXII.[83] What topic of accusation or complaint shall I urge first, O
judges? That the power, and honour, and authority of a lieutenant, of a
quaestor, yes,
even of a praetor, was given to a Sicilian? If you were so occupied with
feasts and women as to be prevented from taking the command yourself, where
were
your quaestors? where were your lieutenants? where was the corn valued
at three denarii? where were the mules? where were the tents? where were
all the
numerous and splendid badges of honour conferred and bestowed by the senate
and people of Rome on their magistrates and lieutenants? Lastly, where
were your prefects and tribunes? If there was no Roman citizen worthy of
that employment, what had become of the cities which had always remained
true
to the alliance and friendship of the Roman people? What had become of
the city of Segesta? of the city of Centuripa? which both by old services,
by good
faith, by antiquity of alliance, and even by relationship, are connected
with the name of the Roman people. [84] O ye immortal gods! What
shall we say,
when Cleomenes, a Syracusan, is ordered to command the soldiers, and the
ships, and the officers of these very cities? Has not Verres by such an
action
taken away all the honour due to worth, to justice, and to old services?
Have we ever once waged war in Sicily, that we have not had the Centuripans
for our
friends, and the Syracusans for our enemies? And I am speaking now only
by way of recollection of past time, not as meaning insult to that city.
And
therefore that most illustrious man and consummate general, Marcus Marcellus,
by whose valour Syracuse was taken, by whose clemency it was preserved,
forbade any Syracusan to dwell in that part of the city which is called
the Island. To this day, I say, it is contrary to law for any Syracusan
to dwell in that
part of the city. For it is a place which even a very few men can defend.
And therefore he would not entrust it to any but the most faithful men;
and he had
another reason too, because in that part of the city there is access to
ships from the open sea. Therefore he did not think fit to entrust the
keys of the place to
those who had often excluded our armies. [85] See now how great is
the difference between your lust and the authority of our ancestors; between
your love
and frenzy, and their wisdom and prudence. They took away from the Syracusans
all access to the shore; you have given them the command of the sea.
They would not allow a Syracusans to dwell in that part of the city which
ships could approach; you appointed a Syracusan to command the fleet and
the
ships. You gave those men a part of our sovereignty, from whom they took
a part of their own city; and you ordered those allies of ours to be obedient
to the
Syracusans, to whose aid it is owing that the Syracusans are obedient to
us.
XXXIII.[86] Cleomenes leaves the harbour in a Centuripan trireme. A Segestan
vessel comes next; then a Tyndaritan ship; then one from Herbita, one from
Heraclia, one from Apollonia, one from Haluntium; a fine fleet to look
at, but helpless and useless because of the discharge of its fighting men,
and of its
rowers. That diligent praetor surveyed the fleet under his orders, as long
as it was passing by his scene of profligate revelry. And he too, who for
many days
had not been seen, then for a short time afforded the sailors a sight of
himself. The praetor of the Roman people stood in his slippers, clad in
a purple cloak,
and a tunic reaching down to his ankles, leaning on a prostitute on the
shore. And since that time, many Sicilians and Roman citizens have often
seen him in
this very dress. [87] After the fleet had proceeded a little way,
and had arrived, after five days' sailing, at Pachynum, the sailors, being
compelled by hunger,
gather the roots of the wild palm, of which there was a great quantity
in that neighbourhood, as there is in most parts of Sicily, and support
themselves in a
miserable and wretched way on these. But Cleomenes, who considered himself
another Verres, not only in luxury and worthlessness, but in power also,
spent, like him, all his days in drinking in a tent which he had pitched
on the seashore.
XXXIV. But all of a sudden, while Cleomenes was drunk, and all his crews
famishing, news is brought that a fleet of pirates is in the harbour of
Odyssea;
for that is the name of the place. But our fleet was in the harbour of
Pachynum. But Cleomenes, because there was a garrison of troops (in name,
if not in
reality) in that place, fancied that, with the soldiers he drew from thence,
he might make up his proper complement of sailors and rowers. The same
system
was found to nave been put in practice by that most covetous man with respect
to the troops, that had been adopted towards the fleet, for only a few
remained, and the rest had been discharged. [88] Cleomenes, as commander-in-chief,
in a Centuripan quadrireme ordered the mast to be erected, the sails to
be set, the anchor to be weighed, and made signal for the rest of the ships
to follow him. This Centuripan vessel was an extraordinarily fast sailer;
for, while
Verres was praetor, no one had any opportunity of knowing what each ship
could do with oars; although in order to do honour and to show favour to
Cleomenes, there was a much smaller deficiency of rowers and soldiers in
that quadrireme. The quadrireme, almost flying, had already got out of
sight, while
the other ships were still hard at work in their original station. [89]
However those who were left behind displayed a good deal of courage. Although
they
were few in numbers, still they cried out, that whatever might be the event,
they were willing to fight; and they preferred losing by the sword the
little life and
strength that hunger had left them. And if Cleomenes had not run away so
long before, there would have been some means of making resistance, for
that
ship was the only one with a deck, and was large enough to have been a
bulwark to the rest, and if it had been engaged in battle with the pirates,
it would have
looked like a city among those piratical galleys; but at that time the
sailors being helpless, and deserted by their commander and prefect of
the fleet, began of
necessity to hold the same course that he had held. [90] Accordingly
they all sailed towards Elorum, as Cleomenes had done; but they indeed
were not so
much flying from the attack of the pirates as following their commander.
Then as each was last in flight, he was first in danger, for the pirates
came upon the
last ships first, and so the Haluntian vessel is taken first, which was
commanded by an Haluntian of noble birth, Philarchus by name, whom the
Locrians
afterwards ransomed at the public expense from those pirates, and from
whom, on his oath, you at the former pleading learnt the whole of the circumstances
and their cause. The Apollonian vessel is taken next, and Anthropinus,
its captain, is slain.
XXXV.[91] While all this was going on, in the meantime Cleomenes had already
arrived at Elorum, already he had hastened on land from the ship, and had
left the quadrireme tossing about in the surf. The rest of the captains
of ships, when the commander-in-chief had landed, as they had no possible
means
either of resisting or of escaping by sea, ran their ships ashore at Elorum,
and followed Cleomenes. Then Heracleo, the captain of the pirates, being
suddenly
victorious, beyond all his hopes, not through any valour of his own, but
owing to the avarice and worthlessness of Verres, as soon as evening came
on,
ordered a most beautiful fleet belonging to the Roman people, having been
driven on shore and abandoned, to be set fire to and burnt. [92]
O what a
miserable and bitter time for the province of Sicily! O what an event,
calamitous and fatal to many innocent people! O what unexampled worthlessness
and
infamy of that man! On one and the same night, the praetor was burning
with the flame of the most disgraceful love, a fleet of the Roman people
with the fire
of pirates. It was a stormy night when the news of this terrible disaster
was brought to Syracuse--men run to the praetor's house, to which his women
had
conducted him back a little while before from his splendid banquet, with
songs and music. Cleomenes, although it was night, still does not dare
to show
himself in public. He shuts himself up in his house, but his wife was not
there to console her husband in his misfortunes. [93] But the discipline
of this
noble commander-in-chief was so strict in his own house, that though the
event was so important, the news so serious, still no one could be admitted;
no one
dared either to wake him if asleep, or to address him if awake. But now,
when the affair had become known to everybody, a vast multitude was collecting
in
every part of the city; for the arrival of the pirates was not given notice
of, as had formerly been the custom, by a fire raised on a watchtower,
or a hill, but
both the disaster that had already been sustained, and the danger that
was impending, were notified by the conflagration of the fleet itself.
XXXVI. When the praetor was inquired for, and when it was plain that no
one had told him the news, a rush of people towards his house takes place
with
great impetuosity and loud cries. [94] Then, he himself, being roused,
comes forth; he hears the whole news from Timarchides; he takes his military
cloak.
It was now nearly dawn. He comes forth into the middle of the crowd, bewildered
with wine, and sleep, and debauchery. He is received by all with such a
shout that it seemed to bring before his eyes a resemblance to the dangers
of Lampsacus. 3 But this present appeared greater than that, because, though
both
the mobs hated him equally, the numbers here were much greater. People
began to talk to one another of his tent on the shore, of his flagitious
banquets; the
names of his women were called out by the crowd; men asked him openly where
he had been, and what he had been doing for so many days together,
during which no one had seen him. Then they demanded Cleomenes, who had
been appointed commander-in-chief by him; and nothing was ever nearer
happening than the transference of the precedent of Utica in the case of
Hadrian 4 to Syracuse; so that two graves of two most infamous governors
would
have been contained in two provinces. However, regard was had by the multitude
to the time, regard was had to the impending danger, regard was had, too,
to
their common dignity and character, because the body of settlers of Roman
citizens at Syracuse is such as to be considered the most dignified body,
not
only in that province, but even in this republic. [95] They all encourage
one another, while he is still half asleep and stupefied; they take arms;
they fill the
whole forum and the island, which is a considerable portion of the whole
city. The pirates having remained at Elorum that single night, left our
ships still
smoking, and began to sail to Syracuse; for as they, forsooth, had often
heard that nothing could be finer than the fortifications and harbour of
Syracuse,
they had made up their minds that if they did not see them while Verres
was praetor, they should never see them at all.
XXXVII.[96] And first of all they came to those summer quarters of the
praetor, landing at that very part of the shore where he, having pitched
his tents, had
set up his camp of luxury while all this was going on. But when they found
the place empty, and understood that the praetor had removed his quarters
from
that place, they immediately, without any fear, began to penetrate to the
harbour itself. When I say into the harbour, O judges, (for I must explain
myself
carefully for the sake of those who are unacquainted with the place,) I
mean that the pirates came into the city, and into the most central parts
of the city; for
that town is not closed in by the harbour, but the harbour itself is surrounded
and closed in by the town; so that it is not only the innermost walls that
are
washed by the sea, but the harbour, if I may so say, flows into the very
bosom of the city. [97] Here, while you were praetor, Heracleo, the
captain of the
pirates, with four small galleys, sailed about at his pleasure. O ye immortal
gods! a piratical galley, while the representative of the Roman people,
its name
and its forces were all in Syracuse, came up to the very forum, and to
all the quays of the city. Those most glorious fleets of the Carthaginians,
when they
were at the very height of their naval power, though they often made the
attempt in many wars, were never able to advance so far. Even the naval
glory of the
Roman people, invincible as it was till your praetorship, in all the Punic
and Sicilian wars never penetrated so far. The situation of the place is
such that the
Syracusans usually saw their enemies armed and victorious within their
walls, in the city, and in the forum, before they saw any enemy's ship
in their
harbour. [98] Here, while you were praetor, galleys of pirates sailed
about, where previously the only fleet that had ever entered in the history
of the world,
was the Athenian fleet of three hundred ships, which forced its way in
by its weight and its numbers; and that fleet was in that very harbour
defeated and
destroyed, owing to the natural character of the place and harbour. Here
first was the power of that splendid city defeated, weakened, and impaired.
In this
harbour, shipwreck was made of the nobleness and dominion and glory of
Athens. 5
XXXVIII. Did a pirate penetrate to that part of the city which he could
not approach without leaving a great part of the city not only on his flanks
but in his
rear? He passed by the whole island, which is at Syracuse a very considerable
part of the city, having its own distinct name, and separate walls; in
which part,
as I said before, our ancestors forbade any Syracusan to dwell, because
they knew that the harbour would be in the power of whatever people were
occupying that district of the city. [99] And how did he wander through
it? He threw down around him the roots of the wild palms which he had found
in
our ships, in order that all men might become acquainted with the dishonesty
of Verres, and the disaster of Sicily. O that Sicilian soldiers, children
of those
cultivators of the soil whose fathers produced such crops of corn by their
labour that they were able to supply the Roman people and the whole of
Italy,--that
they, born in the island of Ceres, where corn is said to have been first
discovered, should have been driven to use such food as their ancestors,
by the
discovery of corn, had delivered all other nations from! While you were
praetor the Sicilian soldiers were fed on the roots of wild palms, pirates
on Sicilian
corn. [100] O miserable and bitter spectacle! that the glory of the
city and the name of the Roman people should be a laughingstock; that in
the face of all
that body of inhabitants and all that multitude of people, a pirate in
a piratical galley should celebrate a triumph in the harbour of Syracuse
over a fleet of the
Roman people, while the oars of the pirates were actually besprinkling
the eyes of that most worthless and cowardly praetor.
After the pirates had left the harbour, not because of any alarm, but because
they were weary of staying there, these men began to inquire the cause
of so
great a disaster. All began to say, and to argue openly, that it was by
no means strange, that when the soldiers and the crews had been dismissed,
and the rest
had been destroyed by want and famine, while the praetor was spending all
his time in drinking with his women, such a disgrace and calamity should
have
fallen upon them. [101] And all the reproaches which they heaped
upon him, all the infamy that they attributed to him, was confirmed by
the statements of
those men who had been appointed by their own cities to command their ships;
the rest of whom had fled to Syracuse after the loss of the fleet. Each
of
them stated how many men they knew had been discharged out of their respective
ships. The matter was clear, and his avarice was proved not only by
arguments, but also by undeniable witnesses.
XXXIX. The man is informed that nothing is done in the forum and in the
assembly all that day, except putting questions to the naval captains how
the fleet
was lost. That they made answer, and informed every one that it was owing
to the discharge of the rowers, the want of food of the rest, the cowardice
and
desertion of Cleomenes. And when he heard this, he began to form this design.
He had long since made up his mind that a prosecution would be instituted
against him, long before this happened, as you have heard him say himself
at the former pleading. He saw that if those naval captains were produced
as
witnesses against him, he should not be able to stand against so serious
an accusation. He forms at first a plan, foolish indeed, but still merciful.
[102] He
orders Cleomenes and the naval captains to be summoned before him. They
come. He accuses them of having held this language about himself; he begs
them to cease from holding it; and begs every one there to say that he
had had in his ship as large a crew as he ought to have had, and that none
had been
discharged. They promise him to do whatever he wished. He does not delay.
He immediately summons his friends. He then asks of all the captains
separately how many sailors each had had on board his ship. Each of them
answers as he had been enjoined to. He makes an entry of their answers
in his
journal. He seals it up, prudent man that he is, with the seals of his
friends; in order forsooth, to use this evidence against this charge, if
ever it should be
necessary. [103] I imagine that senseless man must have been laughed
at by his own counselors, and warned that these documents would do him
no good;
that if the charge were made, there would be even more suspicion owing
to these extraordinary precautions of the praetor. He had already behaved
with such
folly in many cases, as even publicly to order whatever he pleased to be
expunged out of, or entered in the records of different cities. All which
things he
now finds out are of no use to him, since he is convicted by documents,
and witnesses, and authorities which are all undeniable.
XL. When he sees that their confession, and all the evidence which he has
manufactured, and his journals, will be of no use to him, he then adopts
the
design, not of a worthless praetor, (for even that might have been endured,)
but an inhuman and senseless tyrant. He determines, that if he wishes to
palliate
that accusation, (for he did not suppose that he could get rid of it altogether,)
all the naval captains, the witnesses of his wickedness, must be put to
death.
[104] The next consideration was,--’ÄúWhat am I to do with Cleomenes?
Can I put those men to death whom I placed under his command, and spare
him
whom I placed in command and authority over them? Can I punish those men
who followed Cleomenes, and pardon Cleomenes who bade them fly with
him, and follow him? Can I be severe to those men who had vessels not only
devoid of crews, but devoid of decks, and be merciful to him who was the
only
man who had a decked ship, and whose ship, too, was not stripped bare like
those of the others?’Äù Cleomenes must die too. What signify his promises?
what
do the curses that he will heap on him? what do the pledges of friendship
and mutual embraces? what does that comradeship in the service, of a woman
on
that most luxurious sea-shore signify? It was utterly impossible that Cleomenes
could be spared. He summons Cleomenes. [105] He tells him that he
has
made up his mind to execute all the naval captains; that considerations
of his own personal danger required such a step. ’ÄúI will spare you alone,
and I will
endure the blame of all that disaster myself, and all possible reproaches
for my inconsistency, rather than act cruelly to you on the one hand, or,
on the other
hand, leave so many and such important witnesses against me in safety and
in life.’Äù Cleomenes thanks him: approves of his intention; and says that
that is
what must be done. But he reminds him, of what he had forgotten, that it
will not he possible for him to put Phalargus the Centuripan, one of the
naval
captains, to death, because he had been with him himself in the Centuripan
quadrireme. What, then, is he to do? Shall that man, of such a city as
that, a most
noble youth, be left to be a witness? At present, says Cleomenes, for it
must be so; but afterwards we will take care that it shall be put out of
his power to
injure us.
XLI.[106] After all this was settled and determined, Verres immediately
advances from his praetorian house, inflamed with wickedness, frenzy, and
cruelty.
He comes into the forum. He orders the naval captains to be summoned. They
immediately come with all speed, as men who were afraid of nothing, and
suspected nothing. He orders those unhappy and innocent men to be loaded
with chains. They began to invoke the good faith of the praetor, and to
ask why
he did so? Then he says that this is the reason,--because they had betrayed
the fleet to the pirates. There is a great outcry, and great astonishment
on the part
of the people, that there should be so much impudence and audacity in the
man as to attribute to others the origin of a calamity which had happened
entirely
owing to his own avarice; or to bring against others a charge of treason,
when he himself was thought to be a partner of the pirates; and lastly,
they marveled
at this charge not being originated till fifteen days after the fleet had
been lost. [107] While these things were happening, inquiry was made
where
Cleomenes was: not that any one thought him, such as he was, worthy of
any punishment for that disaster; for what could Cleomenes have done, (for
it is
not in my nature to accuse any one falsely,)--what, I say, could Cleomenes
have done of any consequence, when his ships had been dismantled by the
avarice of Verres? And they see him sitting by the side of the praetor,
and whispering familiarly in his ear, as he was accustomed to do. But then
it did seem
a most scandalous thing to every one, that most honourable men, chosen
by their own cities, should be put in chains and in prison, but that Cleomenes,
on
account of his partnership with him in debauchery and infamy, should be
the praetor's most familiar friend. [108] However, an accuser is
produced against
them, a certain Naevius Turpio, who, when Caius Sacerdos was praetor, had
been convicted of an assault; a very suitable tool for the audacity of
Verres; a
man whom he had frequently employed in matters connected with the tenths,
in capital prosecutions, and in every sort of false accusation, as a scout
and
emissary.
XLII. The parents and relations of these unfortunate young men came to
Syracuse, being aroused by the sudden news of this misfortune. They see
their
children loaded with chains, bearing on their necks and shoulders the punishment
due to the avarice of Verres. They come forward, they defend them, they
raise an outcry; they implore your good faith which at no time and no place
had ever any existence. The father of one came forward, Dexis the Tyndaritan;
a
man of the noblest family, connected by ties of hospitality with you yourself,
at whose house you had been, whom you had called your friend. When you
saw him, a man of such high rank in such distress could not his tears,
could not his old age could not the claims of hospitality and the name
of friend recall
you back from your wickedness to some degree of humanity? [109] But
why do I speak of the claims of hospitality with reference to so inhuman
a
monster? He who entered Sthenius of Thermae, his own connection, whose
house, while received in it in hospitality, he had plundered and stripped,
in the
list of criminals in his defence, and who, without allowing him to make
any defence, condemned him to death; are we now to expect the claims and
duties of
hospitality from him? Are we dealing with a cruel man or with a savage
and inhuman monster? Could not the tears of a father for the danger of
his innocent
son move you? As you had left your father at home, and kept your son with
you, did neither your son who was present remind you of the affection of
children, nor your father who was absent call to your recollection the
indulgence of a father? [110] Your friend Aristeus, the son of Dexion,
was in chains.
Why was this? He had betrayed the fleet. For what bribe? He had deserted
the army. What had Cleomenes done? He had done nothing at all. Yet you
had
presented him with a golden crown for his valour. He had discharged the
sailors. But you had received from them all the price of their discharge.
Another
father, from another district, was Eubulida of Herlita: a man of great
reputation in his city, and of high birth; who, because he had injured
Cleomenes in
defending his son, had been left nearly destitute. But what was there which
any one could say or allege in his defence? They are not allowed to name
Cleomenes. But the cause compels them to do so. You shall die if you do
name him, (for he never threatened any one with trifling punishment.) But
there
were no rowers. What! are you accusing the praetor? Break his neck. If
one is not allowed to name either the praetor, or the rival of the praetor,
when the
whole case turns on the conduct of these two men, what is to be done?
XLIII.[111] Heraclius of Segesta also pleads his cause; a man of the very
noblest descent in his own city. Listen, O judges, as your humanity requires
of
you, for you will hear of great cruelties and injuries inflicted on the
allies. Know then that the case of Heraclius was this:--that on account
of a severe
complaint in his eyes he had not gone to sea at all; but by his order who
had the command, he had remained in his quarters at Syracuse. He certainly
never
betrayed the fleet; he did not run away in a fright; he did not desert
the army; if he had, he might have been punished when the fleet was setting
out from
Syracuse. But he was in just the same condition as if he had been detected
in some manifest crime; though no charge at all could be brought against
him, not
ever so falsely. [112] Among these naval captains was a citizen of
Heraclia, of the name of Junius, (for they have some Latin names of that
sort,) a man, as
long as he lived, illustrious in his own city, and after his death celebrated
over all Sicily. In that man there was courage enough, not only to attack
Verres, for
that indeed, as he saw that he was sure to die, he was aware that he could
do without any danger; but when his death was settled, while his mother
was sitting
in his prison, night and day weeping, he wrote out the defence which his
cause required; and now there is no one in all Sicily who is not in possession
of
that defence, who does not read it, who is not constantly reminded by that
oration, of your wickedness and cruelty. In it he states how many sailors
he
received from his city; how many Verres discharged, and for how much he
discharged each of them; how many he had left. He makes similar statements
with respect to the other ships and when he uttered these statements before
you, he was scourged on the eyes. But when death was staring him in the
face, he
could easily endure pain of body; he cried out, what he has left also in
writing, ’ÄúThat it was an infamous thing that the tears of an unchaste
woman on behalf
of the safety of Cleomenes should have more influence with you, than those
of his mother for his life.’Äù [113] Afterwards I see that this also
is stated,
which, if the Roman people has formed a correct estimate of your characters,
O judges, he, at the very hour of death, truly prophesied of you,--’ÄúThat
it was
not possible for Verres to efface his own crimes by murdering the witnesses;
that he, in the shades below, should be a still more serious witness against
him,
in the opinion of sensible judges, than if he were produced alive in a
court of justice; for that then, if he were alive he would only be a witness
to prove his
avarice; but now, when he had been, put to death, he should be a witness
of his wickedness, and audacity, and cruelty.’Äù What follows is very fine,--’ÄúThat,
when your cause came to be tried, it would not be only the bands of witnesses,
but the punishments inflicted on the innocent, and the furies that haunt
the
wicked, that would attend your trial; that he thought his own misfortune
the lighter, because he had seen before now the edge of your axes, and
the
countenance and hand of Sextus your executioner, when in an assembly of
Roman citizens, Roman citizens were publicly executed by your command.’Äù
[114] Not to dwell too long on this, Junius used most freely that
liberty which you have given the allies, even at the moment of bitter punishment,
such as
was only fit for slaves.
XLIV. He condemns them all, with the approval of his assessors. And yet,
in so important an affair, in a cause in which so many men and so many
citizens
were concerned, he neither sent for Publius Vettius, his quaestor, to take
his advice; nor for Publius Cervius, an admirable man, his lieutenant,
who, because
he had been lieutenant in Sicily, while he was praetor was the first man
rejected by him as a judge; but he condemns them all in conformity with
the opinion
expressed by a lot of robbers, that is, by his own retinue. [115]
On this all the Sicilians, our most faithful and most ancient allies, who
have had the greatest
kindnesses conferred on them by our ancestors, were greatly agitated, and
alarmed at their own danger, and at the peril of all their fortunes. That
that noted
clemency and mildness of our dominion should have been changed into such
cruelty and inhumanity! That so many men should be condemned at one time
for no crime! That that infamous praetor should seek for a defence for
his own robberies by the most shameful murder of innocent men! Nothing,
O judges,
appears possible to be added to such wickedness, insanity, and barbarity--and
it is true that nothing can; for if it be compared with the iniquity of
other men
it will greatly surpass it all. [116] But he is his own rival; his
object is always to outdo his last crime by some new wickedness. I had
said that Phalargus the
Centuripan was made an exception by Cleomenes, because he had sailed in
his quadrireme. Still because that young man was alarmed, as he saw that
his
case was identical with that of those men who had been put to death, though
perfectly innocent; Timarchides came to him, and tells him that he is in
no
danger at all of being put to death, but warns him to take care lest he
should be sentenced to be scourged. To make my story short, you heard the
young man
himself say, that because of his fear of being scourged he paid money to
Timarchides. [117] These are but light crimes in such a criminal
as this. A naval
captain of a most noble city ransoms himself from the danger of being scourged
with a bribe--it was a human weakness. Another gave money to save
himself from being condemned--it is a common thing. The Roman people does
not wish Verres to be prosecuted on obsolete accusations; it demands new
charges against him; it requires something which it has not heard before;
it thinks that it is not a praetor of Sicily, but some most cruel tyrant
that is being
brought before the court.
XLV. The condemned men are consigned to prison. They are sentenced to execution.
Even the wretched parents of the naval captains are punished; they are
prevented from visiting their sons; they are prevented from supplying their
down children with food and raiment. [118] These very fathers, whom
you see
here, lay on the threshold, and the wretched mothers spent their nights
at the door of the prison, denied the parting embrace of their children,
though they
prayed for nothing but to be allowed to receive their son's dying breath.
The porter of the prison, the executioner of the praetor, was there; the
death and
terror of both allies and citizens; the lictor Sextius, to whom every groan
and every agony of every one was a certain gain--’ÄúTo visit him, you must
give so
much; to be allowed to take him food into the prison, so much.’Äù No one
refused. ’ÄúWhat now, what will you give me to put your son to death at
one blow of
my axe? to save him from longer torture? to spare him repeated blows? to
take care that he shall give up the ghost without any sense of pain or
torture?’Äù
Even for this object money was given to the lictor. [119] Oh great
and intolerable agony! oh terrible and bitter ill-fortune! Parents were
compelled to
purchase, not the life of their children, but a swiftness of execution
for them. And the young men themselves also negotiated with Sextius about
the same
execution, and about that one blow; and at last, children entreated their
parents to give money to the lictor for the sake of shortening their sufferings.
Many
and terrible sufferings have been invented for parents and relations; many--still
death is the last of all. It shall not be. Is there any further advance
that cruelty
can make? One stall be found--for, when their children have been executed
and slain, their bodies shall be exposed to wild beasts. If this is a miserable
thing
for a parent to endure, let him pay money for leave to bury him. You heard
Onasus the Segestan, a man of noble birth, say that he had paid money to
Timarchides for leave to bury the naval captain, Heraclius. And this (that
you may not be able to say, ’ÄúYes, the fathers come, angry at the loss
of their
sons,’Äù) is stated by a man of the highest consideration, a man of the
noblest birth; and he does not state it with respect to any son of his
own. And as to this,
who was there at Syracuse at that time, who did not hear, and who does
not know that these bargains for permission to bury were made with Timarchides
by
the living relations of those who had been put to death? Did they not speak
openly with Timarchides? Were not all the relations of all the men present?
Were
not the funerals of living men openly bargained for? And then, when all
those matters were settled and arranged, the men are brought out of prison
and tied
to the stake.
XLVI.[121] Who at that time was so cruel and hard-hearted, who was so inhuman,
except you alone, as not to be moved by their youth, their high birth,
and
their misfortunes? Who was there who did not weep? who did not feel their
calamity, as if he thought that it weep; not the fortune of others alone,
but the
common safety of all that was at stake? They are executed. You rejoice
and triumph at the universal misery; you are delighted that the witnesses
of your
avarice are put out of the way: you were mistaken, O Verres, you were greatly
mistaken, when you thought that you could wash out the stains of your thefts
and iniquities in the blood of our innocent allies. You were borne on headlong
in your frenzy, when you thought that you could heal the wounds of your
avarice by applying remedies of inhumanity. In truth, although those who
were the witnesses of your wickedness are dead, yet their relations are
wanting
neither to you nor to them; yet, out of this very body of naval captains
some are alive, and are present here; whom, as it seems to me, fortune
saved out of that
punishment of innocent men. [122] For this trial Philarchus the Haluntian
is present, who, because be did not flee with Cleomenes, was overwhelmed
by the
pirates, and taken prisoner; whose misfortune was his safety, who, if he
had not been taken prisoner by the pirates, would have fallen into to power
of this
partner of pirates. He will give his evidence, concerning the discharge
of the sailors, the want of provisions, and the flight of Cleomenes. Phalargus
the
Centuripan is present, born in a most honourable city, and in a most honourable
rank. He tells you the same thing; he differs from the other in no particular.
[123] In the name of the immortal gods, O judges, with what feelings are
you sitting them? or with what feelings are you hearing these things? Am
I out of
my mind, and now I grieving more than I ought amid such disasters and distresses
of our allies? or does this most bitter torture and agony of innocent man
affect you also with an equal sense of pain? For when I say that a Herbitan,
that a Heraclean was put to death, I see before my eyes all the indignity
of that
misfortune.
XLVII. That the citizens of those states, that the population of those
lands, by whom and by whose care and labour an immense quantity of corn
is procured
every year for the Roman people, who were brought up and educated by their
parents in the hope of our paternal rule, and of justice, should have been
reserved for the nefarious inhumanity of Caius Verres, and for his fatal
axe! [124] When the thought of that unhappy Tyndaritan, and of that
Segestan,
comes across me, then I consider at the same time the rights of the cities,
and their duties. Those cities which Publius Africanus thought fit to be
adorned
with the spoils of the enemy, those Caius Verres has stripped, not only
of those ornaments, but even of their noblest citizens, by the most abominable
wickedness. See what the people of Tyndaris will willingly state. ’ÄúWe
were not among the seventeen tribes of Sicily. We, in all the Punic and
Sicilian wars,
always adhered to the friendship and alliance of the Roman people; all
possible aid in war, all attention and service in peace, has been at all
times rendered by
us to the Roman people.’Äù Much, however, did their rights avail them,
under that man's authority and government! [125] Scipio once led
your sailors against
Carthage; but now Cleomenes leads ships that are almost dismantled against
pirates. ’ÄúAfricanus,’Äù says he, ’Äúshared with you the spoils of the
enemy, and
the reward of glory; but now, you, having been plundered by me, having
had your vessel taken away by the pirates, are considered in the number
and class of
enemies.’Äù What more shall I say? what advantages did that relationship
of the Segestans to us, not only stated in old papers, and commemorated
by words,
but adopted and proved by many good offices of theirs towards us, bring
to them under the government of that man? Just this much, O judges, that
a young
man of the highest rank was torn from his father's bosom, an innocent son
from his mother's embrace, and given to that man's executioner, Sextius.
That city
to which our ancestors gave most extensive and valuable lands, which they
exempted from tribute; the city, with all the weight of its relationship
to us, of its
loyalty, and of its ancient alliance with us, could not obtain even this
privilege, of being allowed to avert by its prayers the death and execution
of one most
honourable and most innocent citizen.
XLVIII.[126] Whither shall the allies flee for refuge? Whose help shall
they implore? by what hope shall they still be retained in the desire to
live, if you
abandon them? Shall they come to the senate and beg them to punish Verres?
That is not a usual course; it is not in accordance with the duty of the
senate.
Shall they betake themselves to the Roman people? The people will easily
find all excuse; for they will say that they have established a law for
the sake of
the allies, and that they have appointed you as guardians and vindicators
of that law. This then is the only place to which they can flee; this is
the harbour,
this is the citadel, this is the altar of the allies; to which indeed they
do not at present betake themselves with the same views as they formerly
used to
entertain in seeking to recover their property. They are not seeking to
recover silver, nor gold, nor robes, nor slaves, nor ornaments which have
been carried
off from their cities and their temples;--they fear, like ignorant men,
that the Roman people now allows such things and permits them to be done.
For we
have now for many years been suffering; and we are silent when we see that
all the money of all the nations has come into the hands of a few men;
which we
seem to tolerate and to permit with the more equanimity, because none of
these robbers conceals what he is doing; none of them take the least trouble
to
keep their covetousness in any obscurity. [127] In our most beautiful
and highly decorated city what statue, or what painting is there, which
has not been
taken and brought away from conquered enemies? But the villas of those
men are adorned and filled with numerous and most beautiful spoils of our
most
faithful allies. Where do you think is the wealth of foreign nations, which
they are all now deprived of, when you see Athens, Pergamos, Cyzicus, Miletus,
Chios, Samos, all Asia in short, and Achaia, and Greece, and Sicily, now
all contained in a few villas? But all these things, as I was saying, your
allies
abandon and are indifferent to now. They took care by their own services
and loyalty not to be deprived of their property by the public authority
of the
Roman people; though they were unable to resist the covetousness of a few
individuals, yet they could in some degree satiate it; but now not only
as all their
power of resisting taken away, but also all their means also of supplying
such demands. Therefore they do not care about their property; they do
not seek to
recover their money, though that is nominally the subject of this prosecution;
that they abandon and are indifferent to;--in this dress in which you see
them
they now fly to you.
XLIX.[128] Behold, behold, O judges, the miserable and squalid condition
of our allies. Sthenius, the Thermitan, whom you see here, with this uncombed
hair and mourning robe, though his whole house has been stripped of everything,
makes no mention of your robberies, O Verres; he claims to recover his
own safety from you, nothing more. For you, by your lust and wickedness,
have removed him entirely from his country, in which he flourished as a
leading
man, illustrious for his many virtues and distinguished services. This
man Dexio, whom you see now present, demands of you, not the public treasures
of
which you stripped Tyndaris, nor the wealth of which you robbed him as
a private individual, but, wretched that he is, he demands of you his most
virtuous,
his most innocent, his only son. He does not want to carry back home a
sum of money obtained from you as damages, but he seeks out of your calamity
some consolation for the ashes and bones of his son. This other man here,
the aged Eubulida, has not, at the close of life, undertaken such fatigue
and so
long a journey, to recover any of his property, but to see you condemned
with the same eyes that beheld the bleeding neck of his own son. [129]
If it had
not been for Lucius Metellus, O judges, the mothers of those men, their
wives and sisters, were on their way hither; and one of them, when I arrived
at
Heraclea late at night, came to meet me with all the matrons of that city,
and with many torches; and so, styling me her saviour, calling you her
executioner,
uttering in an imploring manner the name of her son, she fell down, wretched
as she was, at my feet, as if I were able to raise her son from the shades
below.
In the other cities also the aged mothers, and even the little children
of those miserable men did the same thing; while the helpless age of each
class appeared
especially to stand in need of my labour and diligence, of your good faith
and pity. [130] Therefore, O judges, this complaint was brought to
me by Sicily
most especially and beyond all other complaints. I have undertaken this
task, induced by the tears of others, not by any desire of my own for glory;
in order
that false condemnation, and imprisonment, and chains, and axes, and the
torture of our allies, and the execution of innocent men, and last of all,
that the
bodies of the lifeless dead, and the agony of living parents and relations,
may not he a source of profit to our magistrates. If, by that man's condemnation
obtained through your good faith and strict justice, O judges, I remove
this fear from Sicily, I shall think enough has been done in discharge
of my duty, and
enough to satisfy their wishes who have entreated this assistance from
me.
L.[131] Wherefore, if by any chance you find one who attempts to defend
him from this accusation in the matter of the fleet, let him defend him
thus; let
him leave out those common topics which have nothing to do with the business--that
I am attributing to him blame which belongs to fortune; that I am
imputing to him disaster as a crime; that I am accusing him of the loss
of a fleet, when, in the uncertain risks of war which are common to both
sides, many
gallant men have often met with disasters both by land and sea. I am imputing
to you nothing in which fortune was concerned; you have no pretext for
bringing up the disasters of others; you have nothing to do with collecting
instances of the misfortunes of many others. I say the ships were dismantled;
I
say the rowers and sailors were discharged; I say the rest had been living
on the roots of wild palms; that a Sicilian was appointed to command a
fleet of the
Roman people; a Syracusan to command our allies and friends; I say that,
all that time, and for many preceding days, you were spending your time
in
drunken revels on the sea-shore with your concubines; and I produce my
informants and witnesses, who prove all these charges. [132] Do I
seem to be
insulting you in your calamity; to be cutting you off from your legitimate
excuse of blaming fortune? Do I appear to be attacking and reproaching
you for
the ordinary chances of war? Although the men who are indeed accustomed
to object to the results of fortune being made a charge against them, are
those
who have committed themselves to her, and have encountered her perils and
vicissitudes. But in that disaster of yours, fortune had no share at all.
For men
are accustomed to try the fortune of war, and to encounter danger in battles,
not in banquets. But in that disaster of yours we cannot say that Mars
had any
share; we may say that Venus had. But if it is not right that the disasters
of fortune should be imputed to you, why did you not allow her some weight
in
furnishing excuses and defence for those innocent men? [133] You
must also deprive yourself of the argument, that you are now accused and
held up to
odium by me, for having punished and executed men according to the custom
of our ancestors by accusation does not turn on any one's punishment. I
do
not say that no one ought to have been put to death; I do not say that
all fear is to be removed from military service, severity from command,
or punishment
from guilt. I confess that there are many precedents for severe and terrible
punishments inflicted not only on our allies, but even on our citizens
and soldiers.
LI. You may therefore omit all such topics as these. I prove that the fault
was not in the naval captains, but in you. I accuse you of having discharged
the
soldiers and rowers for a bribe. The rest of the naval captains say the
came. The confederate city of the Netians bears public testimony to the
truth of this
charge. The cities of Herbita, of Amestras, of Enna, of Agyrium, of Tyndaris,
and the Ionians, all give their public testimony to the same effect. Last
of all,
your own witness, your own commander, your own host, Cleomenes, says this,--that
he had landed on the coast in order to collect soldiers from Pachynum,
where there was a garrison of troops, in order to put them on board the
fleet; which he certainly would not have done if the ships had had their
complement.
For the system of ships when fully equipped and fully manned is such that
you have no room, I will not say for many more, but for even one single
man
more. [134] I say, moreover, that those very sailors who were left,
were worn out and disabled by famine, and by a want of every necessary.
I say, that either
all were free from blame, or that if blame must be attributable to some
one, the greatest blame must be due to him who had the best ship, the largest
crew, and
the chief command; or, that if all were to blame, Cleomenes ought not to
have been a spectator of the death and torture of those men. I say, besides,
that in
those executions, to allow of that traffic in tears, of that bargaining
for an effective wound and a deadly blow, of that bargaining for the funeral
and sepulture
of the victims, was impiety. [135] Wherefore, if you will make me
any answer at all, say this,--that the fleet was properly equipped and
fully manned; that no
fighting-men were absent, that no bench was without its rower; that ample
corn was supplied to the rowers; that the naval captains are liars; that
all those
honourable cities are liars; that all Sicily is a liar;--that you were
betrayed by Cleomenes, when he said that he had landed on the coast to
get soldiers from
Pachynum; that it was courage, and not troops that he needed;--that Cleomenes,
while fighting most gallantly, was abandoned and deserted by these men,
and that no money was paid to any one for leave to bury the dead.--If you
say this, you shall be convicted of falsehood; if you say anything else,
you will
not be refuting what has been stated by me.
LII.[136] Here will you dare to say also, ’ÄúAmong my judges that one is
my intimate friend, that one is a friend of my father?’Äù Is it not the
case that the
more acquainted or connected with you any one is, the more he is ashamed
at the charges brought against you? He is your father's friend--If your
father
himself were your judge, what, in the name of the immortal gods, could
you do when he said this to you? ldquo;You, being in a province as praetor
of the
Roman people, when you had to carry on a naval war, three years excused
the Mamertines from supplying the ship, which by treaty they were bound
to
supply; by those same Mamertines a transport of the largest size was built
for you at the public expense; you exacted money from the cities on the
pretest of
the fleet; you discharged the rowers for a bribe; when a pirate vessel
had been taken by your quaestor, and by your lieutenant, you removed the
captain of the
pirates from every one's sight; you ventured to put to death men who were
called Roman citizens, who were recognised as such by many; you dared to
take
to your own house pirates, and to bring the captain of the pirates into
the court of justice from your own house. [137] You, in that splendid
province, in the
sight of our most faithful allies, and of most honourable Roman citizens,
lay for many days together on the sea-shore in revelry and debauchery,
and that at a
time of the greatest alarm and danger to the province. All those days no
one could find you at your own house, no one could see you in the forum;
you
entertained the mothers of families of our allies and friends at those
banquets; among women of that sort you placed your youthful son, my grandson,
in
order that his father's life might furnish examples of iniquity to a time
of life which is particularly unsteady and open to temptation; you, while
praetor in
your province, were seen in a tunic and purple cloak; you, to gratify your
passion and lust, took away the command of the fleet from a lieutenant
of the
Roman people, and gave it to a Syracusan; your soldiers in the province
of Sicily were in want of provisions and of corn; owing to your luxury
and avarice, a
fleet belonging to the Roman people was taken and burnt by pirates; [138]
in your praetorship, for the first time since Syracuse was a city, did
pirates sail
about in that harbour, which no enemy had ever entered; moreover, you did
not seek to cover these numerous and terrible disgraces of yours by any
concealment on your part, nor did you seek to make men forget them by keeping
silence respecting them, but you even without any cause tore the captains
of the ships from the embrace of their parents, who were your own friends
and connections, and hurried them to death and torture; nor, in witnessing
the
grief and tears of those parents, did any recollection of my name soften
your heart; the blood of innocent men was not only a pleasure but also
a profit to
you.’Äù
LIII. If your own father were to say this to you, could you entreat pardon
from him? could you dare to beg even him to forgive you? [139] Enough
has
been done by me, O judges, to satisfy the Sicilians, enough to discharge
my duty and obligation to them, enough to acquit me of my promise and of
the
labour which I have undertaken. The remainder of the accusation, O judges,
is one which I have not received from any one, but which is, if I may so
say,
innate in me; it is one which has not been brought to me, but which is
deeply fixed and implanted in all my feelings; it is one which concerns
not the safety
of the allies, but the life and existence of Roman citizens, that is to
say, of every one of us. And in urging this, do not, O judges, expect to
hear any
arguments from me, as if the matter were doubtful. Everything which I am
going to say about the punishment of Roman citizens, will be so evident
and
notorious, that I could produce all Sicily as witnesses to prove it. For
some insanity, the frequent companion of wickedness and audacity, urged
on that
man's unrestrained ferocity of disposition and inhuman nature to such frenzy,
that he never hesitated, openly, in the presence of the whole body of citizens
and settlers, to employ against Roman citizens those punishments which
have been instituted only for slaves convicted of crime. [140] Why
need I tell you
how many men he has scourged? I will only say that, most briefly, O judges,
while that man was praetor there was no discrimination whatever in the
infliction of that sort of punishment; and, accordingly, the hands of the
lictor were habitually laid on the persons of the Roman citizens, even
without any
actual order from Verres.
LIV. Can you deny this, O Verres, that in the forum, at Lilybaeum, in the
presence of a numerous body of inhabitants, Caius Servilius, a Roman citizen,
an
old trader of the body of settlers at Panormus, was beaten to the ground
by rods and scourges before your tribunal, before your very feet? Dare
first to deny
this, if you can. No one was at Lilybaeum who did not see it. No one was
in Sicily who did not hear of it. I assert that a Roman citizen fell down
before your
eyes, exhausted by the scourging of your lictors. [141] For what
reason? O ye immortal gods!--though in asking that I am doing injury to
the common
cause of all the citizens, and to the privilege of citizenship, for I am
asking what reason there was in the case of Servilius for this treatment,
as if there could
be any reason for its being legally inflicted on any Roman citizen. Pardon
me this one error, O judges, for I will not in the rest of the cases ask
for any
reason. He had spoken rather freely of the dishonesty and worthlessness
of Verres. And as soon as he was informed of this, he orders the man to
Lilybaeum to give security in a prosecution instituted against him by one
of the slaves of Verres. He gives security. He comes to Lilybaeum. Verres
begins
to compel him, though no one proceeded with any action against him, though
no one made any claim on him, to be bound over in the sum of two thousand
sesterces, to appear to a charge brought against him by his own lictor,
in the formula,--’ÄúIf he had made any profit by robbery.’Äù--He says that
he will
appoint judges out of his own retinue. Servilius demurs, and entreats that
he may not be proceeded against by a capital prosecution before unjust
judges, and
where there is no prosecutor. [142] While he is urging this with
a loud voice, six of the most vigorous lictors surround him, men in full
practice in beating
and scourging men; they beat him most furiously with rods; then the lictor
who was nearest to him, the man whom I have already often mentioned, Sextus,
turning his stick round, began to beat the wretched man violently on the
eyes. Therefore, when blood had filled his mouth and eyes, he fell down,
and they,
nevertheless, continued to beat him on the sides while lying on the ground,
till he said at last he would give security. He, having been treated in
this manner,
was taken away from the place as dead, and, in a short time afterwards,
he died. But that devoted servant of Venus, that man so rich in wit and
politeness,
erected a silver Cupid out of his property in the temple of Venus. And
in this way he misused the fortunes of men to fulfil the nightly vows made
by him for
the accomplishment of his desires.
LV.[143] For why should I speak separately of all the other punishments
inflicted on Roman citizens, rather than generally, and in the lump? That
prison
which was built at Syracuse, by that most cruel tyrant Dionysius, which
is called the stone-quarries, was, under his government, the home of Roman
citizens.
As any one of them offended his eyes or his mind, he was instantly thrown
into the stone-quarries. I see that this appears a scandalous thing to
you, O
judges; and I had observed that, at the former pleading, when the witnesses
stated these things; for you thought that the privileges of freedom ought
to be
maintained, not only here, where there are tribunes of the people, where
there are other magistrates, where there is a forum with many courts of
justice, where
there is the authority of the senate, where there is the opinion of the
Roman people to hold a man in check, where the Roman people itself is present
in great
numbers; but, in whatever country or nation the privileges of Roman citizens
are violated, you, O judges, decide that that violation concerns the common
cause of freedom, and of your dignity. [144] Did you, O Verres, dare
to confine such a number of Roman citizens in a prison built for foreigners,
for
wicked men, for pirates, and for enemies? Did no thoughts of this tribunal,
or of the public assembly, or of this numerous multitude which I see around
me,
and which is now regarding you with a most hostile and inimical disposition,
occur to your mind? Did not the dignity of the Roman people, though absent,
did not the appearance of such a concourse as this ever present itself
to your eyes or to your thoughts? Did you never think that you should have
to return
home to the sight of these men, that you should have to come into the forum
of the Roman people, that you should have to submit yourself to the power
of
the laws and courts of justice?
LVI.[145] But what, O Verres, was that passion of yours for practicing
cruelty? what was your reason for undertaking so many wicked actions? It
was
nothing, O judges, except a new and unprecedented system of plundering.
For like those men whose histories we have learnt from the poets, who are
said to
have occupied some bays on the sea-coast, or some promontories, or some
precipitous rocks, in order to be able to murder those who had been driven
to
such places in their vessels, this man also looked down as an enemy over
every sea, from every part of Sicily. Every ship that came from Asia, from
Syria,
from Tyre, from Alexandria, was immediately seized by informers and guards
that he could rely upon; their crews were all thrown into the stone-quarries;
their freights and merchandise carried up into the praetor's house. After
a long interval there was seen to range through Sicily, not another Dionysius,
not
another Phalaris, (for their island has at one time or another produced
many inhuman tyrants,) but a new sort of monster, endowed with all the
ancient savage
barbarity which is said to have formerly existed in those same districts;
[146] for I do not think that either Scylla or Charybdis was such
an enemy to
sailors, as that man has been in the same waters. And in one respect he
is far more to be dreaded than they, because he is girdled with more numerous
and
more powerful hounds than they were. He is a second Cyclops, far more savage
than the first; for Verres had possession of the whole island; Polyphemus
is
said to have occupied only Aetna and that part of Sicily. But what pretext
was alleged at the time by that man for this outrageous cruelty? The same
which is
now going to be stated in his defence. He used to say whenever any one
came to Sicily a little better off than usual, that they were soldiers
of Sertorius, and
that they were flying from Dianium. 6 They brought him presents to gain
his protection from danger; some brought him Tyrian purple, others brought
frankincense, perfumes, and linen robes; others gave jewels and pearls;
some offered great bribes and Asiatic slaves, so that it was seen by their
very goods
from what place they came. They were not aware that those very things which
they thought that they were employing as aids to ensure their safety, were
the
causes of their danger. For he would say that they had acquired those things
by partnership with pirates, he would order the men themselves to be led
away
to the stone-quarries, he would see that their ships and their freights
were diligently taken care of.
LVII.[147] When by these practices his prison had become full of merchants,
then those scenes took place which you have heard related by Lucius Suetius,
a Roman knight, and a most virtuous man, and by others. The necks of Roman
citizens were broken in a most infamous manner in the prison; so that very
expression and form of entreaty, ’ÄúI am a Roman citizen,’Äù which has
often brought to many, in the most distant countries, succour and assistance,
even
among the barbarians, only brought to these men a more bitter death and
a more immediate execution. What is this, O Verres? What reply are you
thinking
of making to this? That I am telling lies? that I am inventing things?
that I am exaggerating this accusation? Will you dare to say any one of
these things to
those men who are defending you? Give me, I pray you, the documents of
the Syracusans taken from his own bosom, which, methinks, were drawn up
according to his will; give me the register of the prison, which is most
carefully made up, stating in what day each individual was committed to
prison, when
he died, how he was executed. [The documents of the Syracusans are read.]
[148] You see that Roman citizens were thrown in crowds into the
stone
quarries; you see a multitude of your fellow-citizens heaped together in
a most unworthy place. Look now for all the traces of their departure from
that place,
which are to be seen. There are none. Are they all dead of disease? If
he were able to urge this in his defence, still such a defence would find
credit with no
one. But there is a word written in those documents, which that ignorant
and profligate man never noticed, and would not have understood if he had.
Ekdikaiˆ¥thˆsan, it says that is, according to the Sicilian language,
they were punished and put to death.
LVIII.[149] If any king, if any city among foreign nations, in any nation
had done anything of this sort to a Roman citizen, should we not avenge
that act by
a public resolution? should we not prosecute our revenge by war? Could
we leave such injury and insult offered the Roman name unavenged and
unpunished? How many wars, and what serious ones do you think that our
ancestors undertook, because Roman citizens were said to have been ill-treated,
or Roman vessels detained, or Roman merchants plundered? But I am not complaining
that men have been detained; I think one might endure their having
been plundered; I am impeaching Verres because after their ships, their
slaves, and their merchandise had been taken from them, the merchants themselves
were thrown into prison--because Roman citizens were imprisoned and executed.
[150] If I were saying this among Scythians, not before such a multitude
of Roman citizens, not before the most select senators of the city, not
in the forum of the Roman people,--if I were relating such numerous and
bitter
punishments inflicted on Roman citizens, I should move the pity of even
those barbarous men. For so great is the dignity of this empire, so great
is the
honour in which the Roman name is held among all nations, that the exercise
of such cruelty towards our citizens seems to be permitted to no one. Can
I
think that there is any safety or any refuge for you, when I see you hemmed
in by the severity of the judges, and entangled as it were in the meshes
of a net
by the concourse of the Roman people here present? [151] If, indeed,
(though I have no idea that that is possible,) you were to escape from
these toils, and
effect your escape by any way or any method, you will then fall into that
still greater net, in which you must be caught and destroyed by me from
the
elevation in which I stand. For even if I were to grant to him all that
he urges in his defence, yet that very defence must turn out not less injurious
to him than
my true accusation.
For what does he urge in his defence? He says that he arrested men flying
from Spain, and put them to death. Who gave you leave to do so? By what
right
did you do so? Who else did the same thing? How was it lawful for you to
do so? [152] We see the forum and the porticoes full of those men,
and we are
contented to see them there. For the end of civil dissensions, and of the
(shall I say) insanity, or destiny, or calamity in which they take their
rise, is not so
grievous as to make it unlawful for us to preserve the rest of our citizens
in safety. That Verres there, that ancient betrayer of his consul, that
transferrer 7 of
the quaestorship, that embezzler of the public money, has taken upon himself
so much authority in the republic, that he would have inflicted a bitter
and cruel
death on all those men whom the senate, and the Roman people, and the magistrates
allowed to remain in the forum, in the exercise of their rights as voters'
in the city and in the republic, if fortune had brought them to any part
of Sicily. [153] After Perperna was slain, many of the number of
Sertorius's soldiers
fled to Cnaeus Pompeius, that most illustrious and gallant man. Was there
one of them whom he did not preserve safe and unhurt with the greatest
kindness? was there one suppliant citizen to whom that invincible right
hand was not stretched out as a pledge of his faith, and as a sure token
of safety?
Was it then so? Was death and torture appointed by you, who had never done
one important service to the republic, for those who found a harbour of
refuge
in that man against whom they had borne arms? See what an admirable defence
you have imagined for yourself.
LIX. I had rather, I had rather in truth, that the truth of this defence
of yours were proved to these judges and to the Roman people, than the
truth of my
accusation. I had rather, I say, that you were thought a foe and an enemy
to that class of men than to merchants and seafaring men. For the accusation
I
bring against you impeaches you of excessive avarice: the defence that
you make for yourself accuses you of a sort of frenzy, of savage ferocity,
of
unheard-of cruelty, and of almost a new proscription. [154] But I
may not avail myself of such an advantage as that, O judges; I may not;
for all Puteoli is
here; merchants in crowds have come to this trial, wealthy and honourable
men, who will tell you, some that their partners, some that their freedmen
were
plundered by that man, were thrown into prison, that some were privately
murdered in prison, some publicly executed. See now how impartially I will
behave
to you. When I produce Publius Granius as a witness to state that his freedmen
were publicly executed by you, to demand back his ship and his
merchandise from you, refute him if you can; I will abandon my own witness
and will take your part; I will assist you, I say, prove that those men
have been
with Sertorius, and that, when flying from Dianium, they were driven to
Sicily. There is nothing which I would rather have you prove. For no crime
can be
imagined or produced against you which is worthy of a greater punishment.
[155] I will call back the Roman knight, Lucius Flavius, if you wish;
since at
the previous pleading, being influenced, as your advocates are in the habit
of saying, by some unusual prudence, but, (as all men are aware,) being
overpowered by your own conscience, and by the authority of my witnesses,
you did not put a question to any single witness. Let Flavius be asked,
if you
like, who Lucius Herennius was, the man who, he says, was a money-changer
at Leptis; who, though he had more than a hundred Roman citizens in the
body of settlers at Syracuse, who not only knew him, but defended him with
their tears and with entreaties to you, was still publicly executed by
you in the
sight of all the Syracusans. I am very willing that this witness of mine
should also be refuted, and that it should be demonstrated end proved by
you that that
Herennius had been one of Sertorius's soldiers.
LX.[156] What shall we say of that multitude of those men who were produced
with veiled heads among the pirates and prisoners in order to be executed?
What was that new diligence of yours, and on what account was it put in
operation? Did the loud outcries of Lucius Flavius and the rest about Lucius
Herennius influence you? Had the excessive influence of Marcus Annius,
a most influential and most honourable man, made you a little more careful
and
more fearful? who lately stated in his evidence that it was not some stranger,
no one knows who, nor any foreigner, but a Roman citizen who was well known
to the whole body of inhabitants, who had been born at Syracuse, who had
been publicly executed by you. [157] After this loud statement of
theirs,--after
this had become known by the common conversation and common complaints
of all men, he began to be, I will not say more merciful in his punishments,
but mere careful. He established the rule of bringing out Roman citizens
for punishment with their heads muffled up, whom, however, he put to death
in the
sight of all men, because the citizens (as we have said before) were calculating
the number of pirates with too much accuracy. Was this the condition that
was established for the Roman people while you were praetor? were these
the hopes under which they were to transact their business? was this the
danger in
which their lives and condition as freemen were placed? are there not risks
enough at the hands of fortune to be encountered of necessity by merchants,
unless they are threatened also with these terrors by our magistrates,
and in our provinces? Was this the state to which it was decent to reduce
that suburban
and loyal province of Sicily, full of most valued allies, and of most honourable
Roman citizens, which has at all times received with the greatest willingness
all Roman citizens within its territories, that those who were sailing
from the most distant parts of Syria or Egypt, who had been held in some
honour, even
among barbarians, on account of their name as Roman citizens, who had escaped
from the ambushes of pirates, from the dangers of tempests, should be
publicly executed in Sicily when they thought that they had now reached
their home?
LXI.[158] For why should I speak of Publius Gavius, a citizen of the municipality
of Cosa, O judges? or with what vigour of language, with what gravity of
expression, with what grief of mind shall I mention him? But, indeed, that
indignation fails me. I must take more care than usual that what I am going
to say
be worthy of my subject,--worthy of the indignation which I feel. For the
charge is of such a nature, that when I was first informed of it I thought
I should
not avail myself of it. For although I knew that it was entirely true,
still I thought that it would not appear credible. Being compelled by the
tears of all the
Roman citizens who are living as traders in Sicily, being influenced by
the testimonies of the men of Valentia, most honourable men, and by those
of all the
Rhegians, and of many Roman knights who happened at that time to be at
Messana, I produced at the previous pleading only just that amount of evidence
which might prevent the matter from appearing doubtful to any one. [159]
What shall I do now? When I have been speaking for so many hours of one
class of offences, and of that man's nefarious cruelty,--when I have now
expended nearly all my treasures of words of such a sort as are worthy
of that man's
wickedness on other matters, and have omitted to take precautions to keep
your attention on the stretch by diversifying my accusations, how am I
to deal
with an affair of the importance that this is? There is, I think, but one
method, but one line open to me. I will place the matter plainly before
you, which is of
itself of such importance that there is no need of my eloquence and eloquence,
indeed, I have none, but there is no need of any one's eloquence to excite
your
feelings. [160] This Gavius whom I am speaking of, a citizens of
Cosa, when he (among that vast number of Roman citizens who had been treated
in the
same way) had been thrown by Verres into prison, and somehow or other had
escaped secretly out of the stone-quarries, and had come to Messana, being
now almost within sight of Italy and of the walls of Rhegium, and being
revived, after that fear of death and that darkness, by the light, as it
were, of liberty
and of the fragrance of the laws, began to talk at Messana, and to complain
that he, a Roman citizen, had been thrown into prison. He said that he
was now
going straight to Rome, and that he would meet Verres on his arrival there.
LXII. The miserable man was not aware that it made no difference e whether
he said this at Messana, or before the man's face in his own praetorian
palace.
For, as I have shown you before, that man had selected this city as the
assistant in his crimes, the receiver of his thefts, the partner in all
his wickedness.
Accordingly, Gavius is at once brought before the Mamertine magistrates;
and, as it happened, Verres came on that very day to Messana. The matter
is
brought before him. He is told that the man was a Roman citizen, who was
complaining that at Syracuse he had been confined in the stone-quarries,
and
who, when he was actually embarking on board ship, and uttering violent
threats against Verres, had been brought back by them, and reserved in
order that
he himself might decide what should be done with him. [161] He thanks
the men and praises their good-will and diligence in his behalf. He himself,
inflamed with wickedness and frenzy, comes into the forum. His eyes glared;
cruelty was visible in his whole countenance. All men waited to see what
does
he was going to take,--what he was going to do; when all of a sudden he
orders the man to be seized, and to be stripped and bound in the middle
of the
forum, and the rods to be got ready. The miserable man cried out that he
was a Roman citizen, a citizen, also, of the municipal town of Cosa,--that
he had
served with Lucius Pretius a most illustrious Roman knight, who was living
as a trader at Panormus, and from whom Verres might know that he was
speaking the truth. Then Verres says that he has ascertained that he had
been sent into Sicily by the leaders of the runaway slaves, in order to
act as a spy; a
matter as to which there was no witness, no trace, nor even the slightest
suspicion in the mind of any one. [162] Then he orders the man to
be most violently
scourged on all sides. In the middle of the forum of Messana a Roman citizen,
O judges, was beaten with rods; while in the mean time no groan was heard,
no other expression was heard from that wretched man, amid all his pain,
and between the sound of the blows, except these words, ’ÄúI am a citizen
of
Rome.’Äù He fancied that by this one statement of his citizenship he could
ward off all blows, and remove all torture from his person. He not only
did not
succeed in averting by his entreaties the violence of the rods, but as
he kept on repeating his entreaties and the assertion of his citizenship,
a cross--a cross I
say--was got ready for that miserable man, who had never witnessed such
a stretch of power.
LXIII.[163] O the sweet name of liberty! O the admirable privileges of
our citizenship! O Porcian law! O Sempronian laws! O power of the tribunes,
bitterly regretted by, and at last restored to the Roman people! Have all
our rights fallen so far, that in a province of the Roman people,--in a
town of our
confederate allies,--a Roman citizen should be bound in the forum, and
beaten with rods by a man who only had the fasces and the axes through
the
kindness of the Roman people? What shall I say? When fire, and red-hot
plates and other instruments of torture were employed? It the bitter entreaties
and
the miserable cries of that man had no power to restrain you, were you
not moved even by the weeping and loud groans of the Roman citizens who
were
present at that time? Did you dare to drag any one to the cross who said
that he was a Roman citizen? I was unwilling, O judges, to press this point
so
strongly at the former pleading; I was unwilling to do so. For you saw
how the feelings of the multitude were excited against him with indignation,
and
hatred, and fear of their common danger. I, at that time, fixed a limit
to my oration, and checked the eagerness of Caius Numitorius a Roman knight,
a man
of the highest character, one of my witnesses. And I rejoiced that Glabrio
had acted (and he had acted most wisely) as he did in dismissing that witness
immediately, in the middle of the discussion. In fact he was afraid that
the Roman people might seem to have inflicted that punishment on Verres
by
tumultuary violence, which he was anxious he should only suffer according
to the laws and by your judicial sentence. [164] Now since it is
made clear
beyond a doubt to every one, in what state your case is, and what will
become of you, I will deal thus with you: I will prove that that Gavius
whom you all of
a sudden assert to have been a spy, had been confined by you in the stone-quarries
at Syracuse; and I will prove that, not only by the registers of the
Syracusans,--lest you should be able to say that, because there is a man
named Gavius mentioned in those documents, I have invented this charge,
and
picked out this name so as to be able to say that this is the man,--but
in accordance with your own choice I will produce witnesses, who will state
that that
identical man was thrown by you into the stone-quarries at Syracuse. I
will produce, also, citizens of Cosa, his fellow citizens and relations,,
who shall teach
you, though it is too late, and who shall also teach the judges, (for it
is not too late for them to know them,) that that Publius Gavius whom you
crucified was
a Roman citizen, and a citizen of the municipality of Cosa, not a spy of
runaway slaves.
LXIV.[165] When I have made all these points, which I undertake to prove,
abundantly plain to your most intimate friends, then I will also turn my
attention
to that which is granted me by you. I will say that I am content with that.
For what--what, I say--did you yourself lately say, when in an agitated
state you
escaped from the outcry and violence of the Roman people? Why, that he
had only cried out that he was a Roman citizen because he was seeking some
respite, but that he was a spy. My witnesses are unimpeachable. For what
else does Caius Numitorius say? what else do Marcus and Publius Cottius
say,
most noble men of the district of Tauromenium? what else does Marcus Lucceius
say, who had a great business as a money-changer at Rhegium? what else
do all the others ray? For as yet witnesses have only been produced by
me of this class, not men who say that they were acquainted with Gavius,
but men
who say that they saw him at the time that he was being dragged to the
cross, while crying out that he was a Roman citizen. And you, O Verres,
say the same
thing. You confess that he did cry out that he was a Roman citizen; but
that the name of citizenship did not avail with you even as much as to
cause the least
hesitation in your mind, or even any brief respite from a most cruel and
ignominious punishment. [166] This is the point I press, this is
what I dwell upon,
O judges; with this single fact I am content. I give up, I am indifferent
to all the rest. By his own confession he must be entangled and destroyed.
You did
not know who he was; you suspected that he was a spy. I do not ask you
what were your grounds for that suspicion, I impeach you by your own words.
He
said that he was a Roman citizen. If you, O Verres, being taken among the
Persians or in the remotest parts of India, were being led to execution,
what else
would you cry out but that you were a Roman citizen? And if that name of
your city, honoured and renowned as it is among all men, would have availed
you,
a stranger among strangers, among barbarians, among men placed in the most
remote and distant corners of the earth, ought not he, whoever he was,
whom
you were hurrying to the cross, who was a stranger to you, to have been
able, when he said that he was a Roman citizen, to obtain from you, the
praetor, if
not an escape, at least a respite from death by his mention of and claims
to citizenship?
LXV.[167] Men of no importance, born in an obscure rank, go to sea; they
go to places which they have never seen before; where they can neither
be known
to the men among whom they have arrived, nor always find people to vouch
for them. But still, owing to this confidence in the mere fact of their
citizenship,
they think that they shall be safe, not only among our own magistrates,
who are restrained by fear of the laws and of public opinion, nor among
our fellow
citizens only, who are limited with them by community of language, of rights,
and of many other things; but wherever they come they think that this will
be a
protection to them. [168] Take away this hope, take away this protection
from Roman citizens, establish the fact that there is no assistance to
be found in the
words ’ÄúI am a Roman citizen;’Äù that a praetor, or any other officer,
may with impunity order any punishment he pleases to be inflicted on a
man who says
that he is a Roman citizen, though no one knows that it is not true; and
at one blow, by admitting that defence; you cut off from the Roman citizens
all the
provinces, all the kingdoms, all free cities, and indeed the whole world,
which has hitherto been open most especially to our countrymen. But what
shall be
said if he named Lucius Pretius, a Roman knight, who was at that time living
in Sicily as a trader, as a man who would vouch for him? Was it a very
great
undertaking to send letters to Panormus? to keep the man? to detain him
in prison, confined in the custody of your dear friends the Mamertines,
till Pretius
came from Panormus? Did he know the man? Then you might remit some part
of the extreme punishment. Did he not know him? Then, if you thought fit,
you might establish this law for all people, that whoever was not known
to you, and could not produce a rich man to vouch for him, even though
he were a
Roman citizen, was still to be crucified.
LXVI.[169] But why need I say more about Gavius? as if you were hostile
to Gavius, and not rather an enemy to the name and class of citizens, and
to all
their rights. You were not, I say, an enemy to the individual, but to the
common cause of liberty. For what was your object in ordering the Mamertines,
when,
according to their regular custom and usage, they had erected the cross
behind the city in the Pompeian road, to place it where it looked towards
the strait;
and in adding, what you can by no means deny, what you said openly in the
hearing of every one, that you chose that place in order that the man who
said
that he was a Roman citizen, might be able from his cross to behold Italy
and to look towards his own home? And accordingly, O judges, that cross,
for the
first time since the foundation of Messana, was erected in that place.
A spot commanding a view of Italy was picked out by that man, for the express
purpose
that the wretched man who was dying in agony and torture might see that
the rights of liberty and of slavery were only separated by a very narrow
strait, and
that Italy might behold her son murdered by the most miserable and most
painful punishment appropriate to slaves alone.
[170] It is a crime to bind a Roman citizen; to scourge him is a wickedness;
to put him to death is almost parricide. What shall I say of crucifying
him? So
guilty an action cannot by any possibility be adequately expressed by any
name bad enough for it. Yet with all this that man was not content. ’ÄúLet
him
behold his country,’Äù said he; ’Äúlet him die within sight of laws and
liberty.’Äù It was not Gavius, it was not one individual, I know not whom,--it
was not one
Roman citizen,--it was the common cause of freedom and citizenship that
you exposed to that torture and nailed on that cross. But now consider
the audacity
of the man. Do not you think that he was indignant that be could not erect
that cross for Roman citizens in the forum, in the comitium, in the very
rostra? For
the place in his province which was the most like those places in celebrity,
and the nearest to them in point of distance, he did select. He chose that
monument of his wickedness and audacity to be in the sight of Italy, in
the very vestibule of Sicily, within sight of all passers-by as they sailed
to and fro.
LXVII.[171] If I were to choose to make these complaints and to utter these
lamentations, not to Roman citizens, not to any friends of our city, not
to men
who had heard of the name of the Roman people,--if I uttered them not to
men, but to beasts,--or even, to go further, if I uttered them in some
most desolate
wilderness to the stones and rocks, still all things, mute and inanimate
as they might be, would be moved by such excessive, by such scandalous
atrocity of
conduct. But now, when I am speaking before senators of the Roman people,
the authors of the laws, of the courts of justice, and of all right, I
ought not to
fear that that man will not be judged to be the only Roman citizen deserving
of that cross of his, and that all others will not be judged most undeserving
of
such a danger. [172] A little while ago, O judges, we did not restrain
our tears at the miserable and most unworthy death of the naval captains;
and it was
right for us to be moved at the misery of our innocent allies; what now
ought we to do when the lives of our relations are concerned? For the blood
of all
Roman citizens ought to be accounted kindred blood; since the consideration
of the common safety, and truth requires it. All the Roman citizens in
this
place, both those who are present, and those who are absent in distant
lands, require your severity, implore the aid of your good faith, look
anxiously for
your assistance. They think that all their privileges, all their advantages,
all their defences, in short their whole liberty, depends on your sentence.
[173] From
me, although they have already had aid enough, still, if the affair should
turn out ill, they will perhaps have more than the venture to ask for.
For even though
any violence should snatch that man from your severity, which I do not
fear, a judges, nor do I think it by any means possible; still, if my expectations
should in this deceive me, the Sicilians will complain that their cause
is lost, and they will be as indignant as I shall myself; yet the Roman
people, in a short
time, since it has given me the power of pleading before them, shall through
my exertions recover its rights by its own votes before the beginning of
February. And if you have any anxiety, O judges, for my honour and for
my renown, it is not unfavourable for my interests, that that man, having
been saved
from me at this trial, should be reserved for that decision of the Roman
people. The cause is a splendid one, one easily to be proved by me, very
acceptable
and agreeable to the Roman people. Lastly, if I see where to have wished
to rise at the expense of that one man, which I have not wished,--if he
should be
acquitted, (a thing which cannot happen without the wickedness of many
men,) I shall be enabled to rise at the expense of many.
LXVIII. But in truth, for your sake, O judges, and for the sake of the
republic, I should grieve that such a crime was committed by this select
bench of
judges. I should grieve that those judges, whom I have myself approved
of and joined in selecting, should walk about in this city branded with
such disgrace
by that man being acquitted, as to seem smeared not with wax, 8 but with
mud. [174] Wherefore, from this place I warn you also, O Hortensius,
if there is
any room for giving a warning, to take care again and again, and to consider
what you are doing, and whither you are proceeding; what man it is whom
you
are defending, and by what means you are doing so. Nor in this manner do
I seek at all to limit you, so as to prevent your contending against me
with all
your genius, and all your ability in speaking. As to other things, if you
think that you can secretly manage, out of court, some of the things which
belong to
this judicial trial; if you think that you can effect anything by artifice,
by cunning, by influence, by your own popularity, by that man's wealth;
then I am
strongly of opinion you had better abandon that idea. And I warn you rather
to put down, I warn you not to suffer to proceed any further the attempts
which
have already been commenced by that man, but which have been thoroughly
detected by, and are thoroughly known to me. It will be at a great risk
to
yourself that any error is committed in this trial; at a greater risk than
you think. [175] For as for your thinking yourself now relieved from
all fear for your
reputation, and at the summit of all honour as consul elect, believe me,
it is no less laborious a task to preserve those honours and kindnesses,
conferred on
you by the Roman people, than to acquire them. This city has borne as long
as it could, as long as there was no help for it, that kingly sort of sway
of yours
which you have exercised in the courts of justice, and in every part of
the republic. It has borne it, I say. But on the day when the tribunes
of the people were
restored to the Roman people, all those privileges (if you are not yourself
already aware of it) were taken away from you. At this very time the eyes
of all
men are directed on each individual among us, to see with what good faith
I prosecute him, with what scrupulous justice these men judge him, in what
manner you defend him. [176] And in the case of all of us, if any
one of us turns aside ever so little from the right path, there will follow,
not that silent
opinion of men which you were formerly accustomed to despise, but a severe
and fearless judgment of the Roman people. You have, O Quintus, no
relationship, no connection with that man. In the case of this man you
can have none of those excuses with which you formerly used to defend your
excessive zeal in any trial. You are bound to take care above all things,
that the things which that fellow used to say in the province, when he
said that he did
all that he was doing out of his confidence in you, shall not be thought
to be true.
LXIX.[177] I feel sure now that I have discharged my duty to the satisfaction
of all those who are most unfavourable to me. For I convicted him, in the
few
hours which the first pleading occupied, in the opinion of every man. The
remainder of the trial is not now about my good faith, which has been amply
proved, nor about that fellow's way of life, which has bean fully condemned;
but it is the judges, and if I am to tell the truth, it is yourself, who
will now be
passed sentence on. But when will that sentence be passed? For that is
a point that must be much looked to, since in all things, and especially
in state affairs,
the consideration of time and circumstance is of the greatest importance.
Why, at that time when the Roman people shall demand another class of men,
another order of citizens to act as judges. Sentence will be pronounced
in deciding on that law about new judges and fresh tribunals which has
been
proposed in reality not by the man whose name you see on the back of it,
but by this defendant. Verres, I say, has contrived to have this law drawn
up and
proposed from the hope and opinion which he entertains of you. [178]
Therefore, when this cause was first commenced, that law had not been proposed;
when Verres, alarmed at your impartiality, had given many indications that
he was not likely to make any reply at all, still no mention was made of
that law;
when he seemed to pick up a little courage and to fortify himself with
some little hope, immediately this law was proposed. And as your dignity
is
exceedingly inconsistent with this law, so his false hopes and preeminent
impudence are strongly in favour of it. In this case, if anything blameworthy
be
done by any of you, either the Roman people itself will judge that man
whom it has already pronounced unworthy of any trial at all; or else those
men will
judge, who, because of the unpopularity of the existing tribunals, will
be appointed as new judges by a new law made respecting the old judges.
LXX.[179] For myself, even though I were not to say it myself, who is there
who is not aware how far it is necessary for me to proceed? Will it be
possible
for me to be silent, O Hortensius? Will it be possible for me to dissemble,
when the republic has received so severe a wound, that, though I pleaded
the
cause, our provinces will appear to have been pillaged, our allies oppressed,
the immortal gods plundered, Roman citizens tortured and murdered with
impunity? Will it be possible for me either to lay this burden on the shoulders
of this tribunal, or any longer to endure it in silence? Must not the matter
be
agitated? must it not be brought publicly forward? Must not the good faith
of the Roman people be implored? Must not all who have implicated themselves
in such wickedness as to allow their good faith to be tampered with, or
to give a corrupt decision, be summoned before the court, and made to encounter
a
public trial? [180] Perhaps some one will ask, Are you then going
to take upon yourself such a labour, and such violent enmity from so many
quarters?
Not, of a truth, from any desire of mine, or of my own free will. But I
have not the same liberty allowed me that they have who are born of noble
family; on
whom even when they are asleep all the honours of the Roman people are
showered. I must live in this city on far other terms and other conditions.
For the
case of Marcus Cato, a most wise and active man, occurs to me; who, as
he thought that it was better to be recommended to the Roman people by
virtue than
by high birth, and as he wished that the foundation of his race and name
should be hid and extended by himself, voluntarily encountered the enmity
of most
influential men, and lived in the discharge of the greatest labours to
an extreme old age with great credit. [181] After that, did not Quintus
Pompeius, a man
born in a low and obscure rank of life, gain the very highest honours by
encountering the enmity of many, and great personal danger, and by undertaking
great labour? And lately we have seen Caius Fimbria, Caius Marcius, and
Caius Caelius, striving with no slight toil, and in spite of no insignificant
opposition, to arrive at those honours which you nobles arrive at while
devoted to amusement or absorbed in indifference. This is the system, this
is the path
for our adoption. These are the men whose conduct and principles we follow.
LXXI. We see how unpopular with, and how hateful to some men of noble birth,
is the virtue and industry of new men; that, if we only turn our eyes away
for a moment, snares are laid for us; that, if we give the least room for
suspicion or for accusation, an attack is immediately made on us; that
we must be
always vigilant, always labouring. Are there any enmities?--let them be
encountered; any toils?--Let them be undertaken. [182] In truth,
silent and secret
enmities are more to be dreaded than war openly declared and waged against
us. There's scarcely one man of noble birth who looks favourably on our
industry; there are no services of ours by which we can secure their good-will;
they differ from us in disposition and inclination, as if they were of
a
different race and a different nature. What danger then is there to us
in their enmity, when their dispositions are already averse and inimical
to us before we
have at all provoked their enmity? [183] Wherefore, O judges, I earnestly
wish that I may appear for the last time in the character of an accuser,
in the case
of this criminal, when I shall have given satisfaction to the Roman people,
and discharged the duty due to the Sicilians my client, and which I have
voluntarily
undertaken. But it is my deliberate resolution, if the event should deceive
the expectation which I cherish of you, to prosecute not only those who
are
particularly implicated in the guilt of corrupting the tribunal, but those
also who have in any way been accomplices in it. Moreover, if there be
any persons,
who in the case of the criminal have any inclination to show themselves
powerful, or audacious, or ingenious in corrupting the tribunal, let them
hold
themselves ready, seeing that they will have to fight a battle with us,
while the Roman people will be the judges of the contest. And if they know
that, in the
case of this criminal, whom the Sicilian nation has given me for my enemy,
I have been sufficiently energetic, sufficiently persevering, and sufficiently
vigilant, they may conceive that I shall be a much more formidable and
active enemy to those men whose enmity I have encountered of my own accord,
for
the sake of the Roman people.
LXXII.[184] Now, O good and great Jupiter, you, whose royal present, worthy
of your most splendid temple, worthy of the Capitol and of that citadel
of all
nations, worthy of being the gift of a king, made for you by a king, dedicated
and promised to you, that man by his nefarious wickedness wrested from
the
hands of a monarch; you whose most holy and most beautiful image he carried
away from Syracuse;--And you, O royal Juno, whose two temples, situated
in two islands of our allies--at Melita and Samos--temples of the greatest
sanctity and the greatest antiquity, that same man, with similar wickedness,
stripped
of all their presents and ornaments;--And you, O Minerva, whom he also
pillaged in two of your most renowned and most venerated temples--at Athens,
when he took away a great quantity of gold, and at Syracuse, when he took
away everything except the roof and walls;-- [185] And you, O Latona,
O
Apollo, O Diana, whose (I will not say temples, but, as the universal opinion
and religious belief agrees,) ancient birthplace and divine home at Delos
he
plundered by a nocturnal robbery and attack;--You, also, O Apollo, whose
image he carried away from Chios;--You, again and again, O Diana, whom
he
plundered at Perga; whose most holy image at Segesta, where it had been
twice consecrated--once by their own religious gift, and a second time
by the
victory of Publius Africanus--he dared to take away and remove;--And you,
O Mercury, whom Verres had placed in his villa, and in some private palaestra,
but whom Publius Africanus had placed in a city of the allies. and in the
gymnasium of the Tyndaritans, as a guardian and protector of the youth
of the
city;-- [186] And you, O Hercules, whom that man endeavoured, on
a stormy night, with a band of slaves properly equipped and armed, to tear
down from
your situation, and to carry off;--And you, O most holy mother Cybele,
whom he left among the Enguini, in your most august and venerated temple,
plundered to such an extent, that the name only of Africanus, and some
traces of your worship thus violated, remain, but the monuments of victory
and all
the ornaments of the temple are no longer visible,--You, also, O you judges
and witnesses of all forensic matters, and of the most important tribunals,
and of
the laws, and of the courts of justice,--you, placed in the most frequented
place belonging to the Roman people, O Castor and Pollux, from whose temple
that
man, in a most wicked manner, procured gain to himself, and enormous booty;--And,
O all ye gods, who, borne on sacred cars, visit the solemn assemblies
of our games, whose road that fellow contrived should be adapted, not to
the dignity of your religious ceremonies, but to his own profit; [187]
--And you, O
Ceres and Libera, whose sacred worship, as the opinions and religious belief
of all men agree, is contained in the most important and most abstruse
mysteries; you, by whom the principles of life and food, the examples of
laws, customs, humanity, and refinement are said to have been given and
distributed
to nations and to cities; you, whose sacred rites the Roman people has
received from the Greeks and adopted, and now preserves with such religious
awe,
both publicly and privately, that they seem not to have been introduced
from other nations, but rather to nave been transmitted from hence to other
nations,
but which nave been polluted and violated by that man alone, in such a
manner, that he had one image of Ceres (which it was impious for a man
not only to
touch, but even to look upon) pulled down from its place in the temple
at Catina, and taken away; and another image of whom he carried away from
its
proper seat and home at Enna; which was a work of such beauty, that men,
when they saw it, thought either that they saw Ceres herself, or an image
of Ceres
not wrought by human hand, but one that had fallen from heaven;-- [188]
You, again and again I implore and appeal to, most holy goddesses, who
dwell
around those lakes and groves of Enna, and who preside over all Sicily,
which is entrusted to me to be defended; you whose invention and gift of
corn,
which you have distributed over the whole earth, inspires all nations and
all races of men with reverence for your divine power;--And all the other
gods, and
all the goddesses, do I implore and entreat, against whose temples and
religious worship that man, inspired by some wicked frenzy and audacity,
has always
waged a sacrilegious and impious war, that, if in dealing with this criminal
and this cause my counsels have always tended to the safety of the allies,
the
dignity of the Roman people, and the maintenance of my own character for
good faith; if all my cares, and vigilance, and thoughts have been directed
to
nothing but the discharge of my duty, and the establishment of truth, I
implore them, O judges, so to influence you, that the thoughts which were
mine when
I undertook this cause, the good faith which has been mine in pleading
it, may be yours also in deciding it. [189] Lastly, that, if all
the actions of Caius
Verres are unexampled and unheard of instances of wickedness, of audacity,
of perfidy, of lust, of avarice, and of cruelty, an end worthy of such
a life and
such actions may, by your sentence, overtake him; and that the republic,
and my own duty to it, may be content with my undertaking this one prosecution,
and that I may be allowed for the future to defend the good, instead of
being compelled to prosecute the infamous.
1 Temsa is a town of the Bruttii, whither some of the relics of Spartacus's
army had fled. Verres had passed through it, or close to it, on his return
from
Sicily.
2 The Fetiales were a college of Roman priests, who acted as the guardians
of the public faith; it was their province to determine the circumstances
under
which satisfaction was to be demanded from, or hostilities declared against
any foreign state. They were the especial arbiters of peace, of war, and
of treaties.
Their number was probably twenty. They were selected from the most noble
families, and their office was held for life. The name is of uncertain
derivation--See Smith, Dict. Ant. p. 416, in voce.
3 See the first book of this second pleading, c. 26.
4 See the 27th chapter of the first book of the second pleading against Verres.
5 See the seventh book of Thucydides.
6 Dianium was a town in Spain which had been occupied by Sertorius.
7 See the first book of this second pleading against Verres, c. 37.
8 This refers to the tablets on which the judges signified their decision, which, as has been said before, were covered with wax.