I. That which was above all things to be desired, O judges,
and
which above all things was calculated to have the greatest influence
towards allaying the unpopularity of your order, and putting an end to
the discredit into which your judicial decisions have fallen, appears
to have been thrown in your way, and given to you not by any human
contrivance, but almost by the interposition of the gods, at a most
important crisis of the republic. For an opinion has now become
established, pernicious to us, and pernicious to the republic, which
has been the common talk of every one, not only at Rome,
but among foreign nations also,--that in the courts of law as they
exist at present, no wealthy man, however guilty he may be, can
possibly be convicted.
[2] Now at
this
time of peril to your order and to your tribunals, when men are ready
to attempt by harangues, and by the proposal of new laws, to increase
the existing unpopularity of the senate, Caius Verres
is brought to trial as a criminal, a man condemned in the opinion of
every one by his life and actions, but acquitted by the enormousness of
his wealth according to his own hope and boast. I, O judges, have
undertaken this cause as prosecutor with the greatest good wishes and
expectation on the part of the Roman
people, not in order to increase the unpopularity of the senate, but to
relieve it from the discredit which I share with it. For I have brought
before you a man, by acting justly in whose case you have an
opportunity of retrieving the lost credit of your judicial proceedings,
of regaining your credit with the Roman people, and of giving
satisfaction to foreign
nations; a man, the embezzler of the public funds, the petty tyrant of
Asia and Pamphylia, the robber who deprived the city of its
rights, the disgrace and ruin of the province of Sicily.
[3]
And if you come to a decision about this man with severity and a due
regard to your oaths, that authority which ought to remain in you will
cling to you still; but if that man's vast riches shall break down the
sanctity and honesty of the courts of justice, at least I shall achieve
this, that it shall be plain that it was rather honest judgment that
was wanting to the republic, than a criminal to the judges, or an
accuser to the criminal.
II. I, indeed, that I may confess to you the truth about
myself, O judges, though many snares were laid for me by CaiusVerres,
both by land and sea, which I partly avoided by my own vigilance, and
partly warded off by the zeal and kindness of my friends, yet I never
seemed to be incurring so much danger, and I never was in such a state
of great apprehension, as I am now in this very court of law.
[4]
Nor does the expectation which people have formed of my conduct of this
prosecution, nor this concourse of so vast a multitude as is here
assembled, influence me (though indeed I am greatly agitated by these
circumstances) so much as his nefarious plots which he is endeavouring
to lay at one and the same time against me, against you, against Marcus
Gabrio the praetor, and against the allies, against foreign nations,
against the senate, and even against the very name of senator; whose
favourite saying it is that they have got to fear who have stolen only
as much as is enough for themselves, but that he has stolen so much
that it may easily be plenty for many; that nothing is so holy that it
cannot be corrupted, or so strongly fortified that it cannot be stormed
by money.
[5] But if he were as
secret in
acting as he is audacious in attempting, perhaps in some particular he
might some time or other have escaped our notice. But it happens very
fortunately that to his incredible audacity there is joined a most
unexampled folly. For as he was unconcealed in committing his robberies
of money, so in his hope of corrupting the judges he has made his
intentions and endeavours visible to every one. He says that once only
in his life has he felt fear: at the time when he was first impeached
as a criminal by me; because he was only lately arrived from his
province, and was branded with unpopularity and infamy, not modern but
ancient and of long standing; and, besides that, the time was unlucky,
being very ill-suited for corrupting the judges.
[6]
Therefore, when I had demanded a very short time to prosecute my
inquiries in Sicily, he found a man to ask for two days less to make
investigations in Achaia; not with any real intention of doing the same
with his diligence and
industry, that I have accomplished by my labour, and daily and nightly
investigations. For the Achaean inquisitor never even arrived at
Brundusium. I in fifty days so traveled over the whole of Sicily
that I examined into the records and injuries of all the tribes and of
all private individuals, so that it was easily visible to every one,
that he had been seeking out a man not really for the purpose of
bringing the defendant whom he accused to trial, but merely to occupy
the time which ought to belong to me.
III.[7] Now that most audacious and most senseless man
thinks
this. He is aware that I am come into court so thoroughly prepared and
armed, that I shall fix all his thefts and crimes not only in your
ears, but in the very eyes of all men. He sees that many senators are
witnesses of his audacity, he sees that many Roman
knights are so too, and many citizens, and many of the allies besides
to whom he has done unmistakable injuries. He sees also that very
numerous and very important deputations have come here at the same time
from most friendly cities, armed with the public authority and evidence
collected by their states.
[8] And
though
this is the case, still he thinks so ill of all virtuous men, to such
an extent does he believe the decisions of the senators to be corrupt
and profligate, that he makes a custom of openly boasting that it was
not without reason that he was greedy of money, since he now finds that
there is such protection in money, and that he has bought (what was the
hardest thing of all) the very time of his trial, in order to be able
to buy everything else more easily; so that, as he could not by any
possibility shirk the force of the accusations altogether, he might
avoid the most violent gusts of the storm.
[9]
But if he had placed any hope at all, not only in his cause, but in any
honourable defence, or in the eloquence or in the influence of any one,
he would not be so eager in collecting and catching at all these
things; he would not scorn and despise the senatorial body to such a
degree, as to procure a man to be selected out of the senate at his
will to be made a criminal of, who should plead his cause before him,
while he in the meantime was
preparing whatever he had need of.
[10]
And what the circumstances are on which he founds his hopes, and what
hopes he builds on them, and what he is fixing his mind on. I see
clearly. But how he can have the confidence to think that he can effect
anything with the present praetor, and the present bench of Judges, I
cannot conceive. This one thing I know, which the Roman people
perceived too when he rejected the judges, that his hopes were of that
nature that he placed all his
expectations of safety in his money; and that if this protection were
taken from him, he thought nothing would be any help to him.
IV. In truth, what genius is there so powerful, what
faculty of
speaking, what eloquence so mighty, as to be in any particular able to
defend the life of that man, convicted as it is of so many vices and
crimes, and long since condemned by the inclinations and private
sentiments of every one?
[11]
And, to say nothing of the stains and disgraces of his youth, what
other remarkable event is there in his quaestorship, that first step to
honour, except that Cnaeus Carbo
was robbed by his quaestor of the public money? that the consul was
plundered and betrayed? his army deserted? his province abandoned? the
holy nature and obligations imposed on him by lot violated?--whose
lieutenancy was the
ruin of all Asia and Pamphylia,
in which provinces he plundered many houses, very many cities, all the
shrines and temples; when he renewed and repeated against Cnaeus
Dolabella
his ancient wicked tricks when he had been quaestor, and did not only
in his danger desert, but even attack and betray the man to whom he had
been lieutenant, and proquaestor, and whom he had brought into odium by
his crimes;
[12] --whose
only praetorship was the destruction of the sacred temples and the
public works, and, as to his legal decisions, was the adjudging and
awarding of property contrary to all established rules and precedents.
But now he has established great and numerous monuments and proofs of
all his vices in the province of Sicily,
which he for three years so harassed and ruined that it can by no
possibility be restored to its former condition, and appears scarcely
able to be at all recovered after a long series of years, and a long
succession of virtuous praetors.
[13]
While this man was praetor the Sicilians enjoyed neither their own
laws, nor the degrees of our senate, nor the common rights of every
nation. Every one in Sicily
has only so much left as either escaped the notice or was disregarded
by the satiety of that most avaricious and licentious man.
V. No legal decision for three years was given on any
other
ground but his will; no property was so secure to any man, even if it
had descended to him from his father and grandfather, but he was
deprived of it at his command; enormous sums of money were exacted from
the property of the cultivators of the soil by a new and nefarious
system. The most faithful of the allies were classed in the number of
enemies. Roman
citizens were tortured and put to death like slaves; the greatest
criminals were acquitted in the courts of justice through bribery; the
most upright and honourable men, being prosecuted while absent, were
condemned and banished without being heard in their own defence; the
most fortified harbours, the greatest and strongest cities, were laid
open to pirates and robbers; the sailors and soldiers of the Sicilians,
our own allies and friends,
died of hunger; the best built fleets on the most important stations
were lost and destroyed, to the great disgrace of the Roman people.
[14]
This same man while praetor plundered and stripped those most ancient
monuments, some erected by wealthy monarchs and intended by them as
ornaments for their cities; some, too, the work of our own generals,
which they either gave or restored as conquerors to the different
states in Sicily.
And he did this not only in the case of public statues and ornaments,
but he also plundered all the temples consecrated in the deepest
religious feelings of the people. He did not leave, in short, one god
to the Sicilians which appeared to him to be made in a tolerably
workmanlike manner, and with any of the skill of the ancients. I am
prevented by actual shame from speaking of his nefarious licentiousness
as shown in rapes and other such enormities; and I am unwilling also to
increase the distress of those men who have been unable to preserve
their children and their wives unpolluted by his wanton lust.
[15]
But, you will say, these things were done by him in such a manner as
not to be notorious to all men. I think there is no man who has heard
his name who cannot also relate wicked actions of his; so that I ought
rather to be afraid of being thought to omit many of his crimes, than
to invent any charges against him. And indeed I do not think that this
multitude which has collected to listen to me wishes so much to learn
of me what the facts of the case are, as to go over it with me,
refreshing its recollection of what it knows already.
VI. And as this is the case, that senseless and profligate
man
attempts to combat me in another manner. He does not seek to oppose the
eloquence of any one also to me, he does not rely on the popularity, or
influence, or authority of any one. He pretends that he trusts to these
things; but I see what he is really aiming at; (and indeed he is not
acting with any concealment.) He sets before me empty titles of
nobility, that is to say the names of arrogant men, who do not hinder
me so much by being noble, as assist me by being notorious,--he
pretends to rely on their protection; when he has in reality been
contriving something else this long time.
[16]
What hope he now has, and what he is endeavouring to do, I will now
briefly explain to you, O judges. But first of all, remark, I beg you,
how the matter has been arranged by him from the beginning. When he
first returned from the province, he endeavoured to get rid of this
prosecution by corrupting the judges at a great expense; and this
object he continued to keep in view till the conclusion of the
appointment of the judges. After the judges were appointed--because in
drawing lots for them the fortune of the Roman
people had defeated his hopes, and because in rejecting some, my
diligence had defeated his impudence--the whole attempt at bribery was
abandoned.
[17] The affair was
going on
admirably; lists of your names and of the whole tribunal were in every
one's hands. It did not seem possible to mark the votes of these men
with any distinguishing mark or colour or spot of dirt;
and that fellow, from having been brisk and in high spirits, became on
a sudden so downcast and humbled, that he seemed to be condemned not
only by the Roman people but even by himself. But lo! all of a
sudden, within these few days, since the consular comitia have taken
place, he has gone back to his original plan with more
money, and the same plots are now laid against your reputation and
against the fortunes of every one, by the instrumentality of the same
people; which fact at first, O judges, was pointed out to me by a very
slight hint and indication; but afterwards, when my suspicions were
once aroused, I arrived at the knowledge of all the most secret
counsels of that party without any mistake.
VII.[18] For as Hortensius the consul elect was being
attended home again
from the Campus by a great concourse and multitude of people, Caius
Curio
fell in with that multitude by chance,--a man whom I wish to name by
way of honour rather than of disparagement. I will tell you what, if he
had been unwilling to have it mentioned, he would not have spoken of in
so large an assembly so openly and undisguisedly; which, however, shall
be mentioned by me deliberately and cautiously, that it may be seen
that I pay due regard to our friendship and to his dignity.
[19] He sees Verres in the crowd by the
arch of Fabius; he speaks to the man, and with a loud
voice congratulates him on his victory. He does not say a word to
Hortensius
himself, who had been made consul, or to his friends and relations who
were present attending on him; but he stops to speak to this man,
embraces him, and bids him cast off all anxiety. “I give you notice,”
said he, “that you have been acquitted by this day's comitia.” And as
many most honourable men heard this, it is immediately reported to me;
indeed, every one who saw me mentioned it to me the first thing. To
some it appeared scandalous, to others ridiculous; ridiculous to those
who thought that this cause depended on the credibility of the
witnesses, on the importance of the charges, and on the power of the
judges, and not on the consular comitia; scandalous to those who looked
deeper, and who thought that this congratulation had reference to the
corruption of the judge.
[20] In
truth,
they argued in this manner--the most honourable men spoke to one
another and to me in this manner--that there were now manifestly and
undeniably no courts of justice at all. The very criminal who the day
before thought that he was already condemned, is acquitted now that his
defender has been made consul. What are we to think then? Will it avail
nothing that all Sicily, all the Sicilians, that all the merchants who
have business in that country, that all public and private documents
are now at Rome?
Nothing, if the consul elect wills it otherwise. What! will not the
judges be influenced by the accusation, by the evidence, by the
universal opinion of the Roman people? No. Everything will be governed
by the
power and authority of one man.
VIII. I will speak the
truth, O judges. This thing agitated me
greatly; for every good man was speaking in this way--“That fellow will
be taken out of your hands; but we shall not preserve our judicial
authority much longer; for who, when Verres is acquitted, will be able
to make any objection to transferring it from us?”
[21]
It was a grievous thing to every one, and the sudden elation of that
profligate man did not weigh with them as much as that fresh
congratulation of a very honourable one. I wished to dissemble my own
vexation at it; I wished to conceal my own grief of mind under a
cheerful countenance, and to bury it in silence. But lo! on the very
days when the praetors elected were dividing their duties by lot, and
when it fell to the share of Marcus Metellus
to hold trials concerning extortion, information is given me that that
fellow was receiving such congratulations, that he also sent men home
to announce it to his wife.
[22]
And this
too in truth displeased me; and yet I was not quite aware what I had so
much to fear from this allotment of the praetor's duties. But I
ascertained this one thing from trustworthy men from whom I received
all my intelligence; that many chests full of Sicilian money had been
sent by some senator to a Roman
knight, and that of these about ten chests had been left at that
senator's house, with the statement that they were left to be used in
the comitia when I expected to be elected aedile, and that men to
distribute this money among all the tribes had been summoned to attend
him by night.
[23] Of whom one,
who
thought himself under the greatest obligations to me, came to me that
same night; reports to me the speech which that fellow had addressed to
them; that he had reminded them how liberally he had treated them
formerly when he was candidate for the praetorship, and at the last
consular and praetorian comitia; and in the second place that he had
promised them immediately whatever money they required, if they could
procure my rejection from the aedileship. That on this some of them
said that they did not dare attempt it; that others answered that they
did not think it could be managed; but that one bold friend was found,
a man of the same family as himself, QuintusVerres, of the Romilian
tribe, of the most perfect school of bribers, the pupil and friend of
Verres' father, who promised that, if five hundred thousand
sesterces
were provided, he would manage it; and that there were some others who
said that they would cooperate with him. And as this was the case, he
warned me beforehand with a friendly disposition, to take great care.
IX.[24] I was disquieted about many most important matters
at
one and the same moment, and with very little time to deliberate. The
comitia were at hand; and at them I was to be opposed at immense
expenditure of money. This trial was at hand; the Sicilian treasurers
menaced that matter also. I was afraid, from apprehension about the
comitia, to conduct the matters relating to the trial with freedom; and
because of the trial, I was unable to attend with all my heart to my
canvass. Threatening the agents of bribery was out of the question,
because I saw that they were aware that I was hampered and fettered by
this trial.
[25] And at this same
moment I hear that notice has been given to the Sicilians by Hortensius
to come to speak to him at his house; that the Sicilians behaved in
that matter with a proper sense of their own liberty, and, when they
understood on what account they were sent for, they would not go. In
the meantime my comitia began to be held; of which that fellow thought
himself the master, as he had been of all the other comitia this year.
He began to run about, that influential man, with his son, a youth of
engaging and popular manners, among the tribes. The son began to
address and to call on all the friends of his father, that is to say,
all his agents for bribery; and when this was noticed and perceived,
the Roman
people took care with the most earnest goodwill that I should not be
deprived of my honour through the money of that man, whose riches had
not been able to make me violate my good faith.
[26]
After that I was released from that great anxiety about my canvass, I
began, with a mind much more unoccupied and much more at ease, to think
of nothing and to do nothing except what related to this trial. I find,
O judges, these plans formed and begun to be put in execution by them,
to protract the matter, whatever steps it might be necessary to take in
order to do so, so that the cause might be pleaded before Marcus
Metellus as praetor. That by doing so they would have these advantages;
firstly, that Marcus Metellus was most friendly to them; secondly, that
not only would Hortensius be consul, but Quintus Metellus
also: and listen while I show you how great a friend he is to them. For
he gave him a token of his goodwill of such a sort, that he seemed to
be giving it as a return for the suffrages of the tribes which he had
scoured to him.
[27]
Did you think that I would say nothing of such serious matters as
these? and that, at a crisis of such danger to the republic and my own
character, I would consult anything rather than my duty and my dignity?
The other consul elect sent for the Sicilians; some came, because
Lucius Metellus was praetor in Sicily. To them he speaks in this
manner: that he is the consul; that one of his brothers has Sicily
for his province; that the other is to be judge in all prosecutions for
extortion; and that care had been taken in many ways that there should
be no possibility of Verres being injured.
X.[28] I ask you, Metellus,
what is corrupting the course of justice, if this is not,--to seek to
frighten witnesses, and especially Sicilians, timid and oppressed men,
not only by your own private influence, but by their fear of the
consul, and by the power of two praetors? What would you do for an
innocent man or for a relation, when for the sake of a most guilty man,
entirely unconnected with you, you depart from your duty and your
dignity, and allow what he is constantly saying to appear true to any
one who is not acquainted with you?
[29]
For they said that Verres
said, that you had not been made consul by destiny, as the rest of your
family had been, but by his assistance. Two consuls, therefore, and the
judge are to be such because of his will. We shall not only, says he,
avoid having a man too scrupulous in investigating, too subservient to
the opinion of the people, Marcus Glabrio, but we shall have this
advantage also:--Marcus
Caesonius is the judge, the colleague of our accuser a man of tried and
proved experience in the decision of actions. It will never do for us
to have such a man as that on the bench, which we are endeavouring to
corrupt by some means or other; for before, when he was one of the
Judges on the tribunal of which Junius was president, he was not only
very indignant at that shameful
transaction, but he even betrayed and denounced it. After the first of
January we shall not have this man for our judge,--
[30] we shall not have Quintus Manlius and Quintus
Cornificius, two most severe and upright judges, for judges, because
they will then be tribunes of the people. PubliusSulpicius, a solemn
and upright judge, must enter on his magistracy on the fifth of
November. Marcus Crepereius, of that renowned equestrian family and of
that incorruptible character; Lucius Cassius, of a family renowned for
its severity in all things, and especially as judges; Cnaeus
Tremellius,
a man of the greatest scrupulousness and diligence;--these three men of
ancient strictness of principle are all military tribunes elect. After
the first of January they will not be able to act as judges. And
besides this, we elect by lot a successor in the room of Marcus
Metellus, since he is to preside over this very trial. And so after the
first of January,
the praetor, and almost the whole bench of judges being changed, we
shall elude the terrible threats of the prosecutor, and the great
expectations entertained of this trial, and manage it according to our
own will and pleasure.
[31] Today
is the
fifth of August. You began to assemble at the ninth hour. This day they
do not even count. There are ten days between this and the votive games
which Cnaeus Pompeius is going to celebrate. These games will take up
fifteen days; then immediately the Roman
games will follow. And so, when nearly forty days have intervened, then
at length they think they shall have to answer what has been said by
us; and they think that, what with speeches, and what with excuses,
they will easily be able to protract the cause till the period of the
games of Victory. With these the plebeian games are connected, after
which there will be either no day at all, or very few for pleading in.
And so, when the accusation has got stale and cold, the matter will
come all fresh before Marcus Metellus as praetor. And if I had
distrusted his good faith, I should not have retained him as a judge.
[32]
But now I have such an opinion of him, that I would rather this matter
was brought to a close while he is judge than while he is praetor; and
I would rather entrust to him his own tablet while he is on his oath,
than the tablets of others when he is restrained by no such obligation.
XI. Now, O judges, I consult you as to what you think I
ought to
do. For you will, in truth, without speaking, give me that advice which
I understand that I must inevitably adopt. If I occupy the time which I
legitimately might in speaking, I shall reap the fruit of my labour,
industry, and diligence; and by this prosecution I shall make it
manifest that no one in the memory of man appears ever to have come
before a court of justice better prepared, more vigilant, or with his
cause better got up. But while I am getting this credit for my
industry, there is great danger lest the criminal may escape. What,
then, is there which can be done? I think it is neither obscure nor
hidden.
[33] I
will
reserve for another time that fruit of praise which may be derived from
a long uninterrupted speech. At present I must support this accusation
by documentary evidence, by witnesses, by letters of private
individuals and of public bodies, and by various other kinds of proof.
The whole of this contest is between you and me, O Hortensius.
I will speak openly. If I thought that you were contending with me in
the matter of speaking, and of getting rid of the charges I bring
against your client in this cause, I, too, would devote much pains to
mounting an elaborate accusation, and to dilating on my charges. Now,
since you have determined to contend against me with artifice, not so
much in obedience to the promptings of your own nature, as from
consulting his occasions and his cause, it is necessary for me to
oppose conduct of that sort with prudence.
[34]
Your plan is, to begin to answer me after two sets of games have been
celebrated; mine is to have the adjournment over before the first
series. And the result will be, that that plan of
yours will be thought crafty, but this determination of mine necessary.
XII. But as for what I had begun to say,--namely, that the
contest is between you and me, this is it,--I, when I had undertaken
this cause at the request of the Sicilians, and had thought it a very
honourable and glorious thing for me that they were willing to make
experiment of my integrity and diligence, who already knew by
experience my innocence and temperance: then, when I had undertaken
this business, I proposed to myself some greater action also by which
the Roman people should be able to see my goodwill towards the
republic.
[35]
For that seemed to me to be by no means worthy of my industry and
efforts, for that man to be brought to trial by me who had been already
condemned by the judgment of all men, unless that intolerable influence
of yours, and that grasping nature which you have displayed for some
years in many trials, was interposed also in the case of that desperate
man. But no, since all this dominion and sovereignty of yours over the
courts of justice delights you so much, and since there are some men
who are neither ashamed of their licentiousness and their infamy, nor
weary of it, and who, as if on purpose, seem to wish to encounter
hatred and unpopularity from the Roman
people, I profess that I have undertaken this,--a great burden perhaps,
and one dangerous to myself, but still worthy of my applying myself to
it with all the vigour of my age, and all diligence.
[36]
And since the whole order of the senate is weighed down by the
discredit brought on it by the wickedness and audacity of a few, and is
overwhelmed by the infamy of the tribunals, I profess myself an enemy
to this race of men, an accuser worthy of their hatred, a persevering,
a bitter adversary. I arrogate this to myself, I claim this for myself,
and I will carry out this enmity in my magistracy, and from that post
in which the Roman people has willed that from the next first of
January I shall act in concert with it in matters concerning the
republic, and concerning wicked men. I promise the Roman
people that this shall be the most honourable and the fairest
employment of my aedileship. I warn, I forewarn, I give notice
beforehand to those men who are wont either to put money down, to
undertake for others, to receive money, or to promise money, or to act
as agents in bribery, or as go-betweens in corrupting the seat of
judgment, and who have promised their influence or their impudence in
aid of such a business, in this trial to keep their hands and
inclinations from this nefarious wickedness.
XIII.[37] Hortensius
will then be consul with the chief command and authority, but I shall
be aedile--that is, I shall be a little more than a private individual;
and yet this business, which I promise that I am going to advocate, is
of such a nature, so pleasing and agreeable to the Roman
people, that the consul himself will appear in this cause, if that be
possible, even less than a private individual in comparison of me. All
those things shall not only be mentioned, but even, where certain
matters have been explained, shall be fully discussed, which for the
last ten years, ever since the office of the judge has been transferred
to the senate, has been nefariously and wickedly done in the decision
of judicial matters.
[38] The Roman
people shall know from me why it is that when the equestrian body
supplied the judges for nearly fifty years together, not even the
slightest suspicion ever arose of bribes having been accepted for the
purpose of influencing a decision; why it is, I say, when the judicial
authority was transferred to the senatorial body, and the power of the
Roman people over every one of us was taken away, Quintus Calidius,
when he was condemned, said that a man of praetorian rank could not
honestly be condemned at a less price than three hundred thousand
sesterces;
why it is that when Publius Septimius, a senator, was condemned for
extortion, when Quintus Hortensius
was praetor, damages were assessed against him, including money which
he had received as judge to decide causes which came before him;
[39] why it is, that in the case of
Caius Herennius, and in that of CaiusPopillius, senators, both of whom
were convicted of peculation--why it is, that in the case of Marcus
Atilius,
who was convicted of treason--this was made plain,--that they had all
received money for the purpose of influencing their judicial decisions;
why it is, that senators have been found who, when Caius Verres,
as praetor of the city, gave out the lots, voted against the criminal
whom they were condemning without having inquired into his case; why it
is, that a senator was found who, when he was judge, took money in one
and the same trial both from the defendant to distribute among the
judges, and from the accuser to condemn the defendant.
[40]
But how shall I adequately complain of that stain, that disgrace, that
calamity of the whole senatorial order,--that this thing actually
happened in the city while the senatorial order furnished the judges,
that the votes of men on their oaths were marked by coloured tablets? I
pledge myself that I will urge all these things with diligence and with
strictness.
XIV. And what do you suppose will be my thoughts, if I
find in
this very trial any violation of the laws committed in any similar
manner? especially when I can prove by many witnesses that Caius Verres
often said in Sicily,
in the hearing of many persons, “that he had a powerful friend, in
confidence in whom he was plundering the province; and that he was not
seeking money for himself alone, but that he had so distributed the
three years of his Sicilian praetorship, that he should say he did
exceedingly well, if he appropriated the gains of one year to the
augmentation of his own property, those of the second year to his
patrons and defenders, and reserved the whole of the third year, the
most productive and gainful of all, for the judges.”
[41] From which it came into my mind to
say that which, when I had said lately before Marcus Glabrio at the
time of striking the list of judges, I perceived the Roman people
greatly moved by; that I thought that foreign nations would send
ambassadors to the Roman
people to procure the abrogation of the law, and of all trials, about
extortion; for if there were no trials, they think that each man would
only plunder them of as much as he would think sufficient for himself
and his children; but now, because there are trials of that sort, every
one carries off as much as it will take to satisfy himself, his
patrons, his advocates, the praetor, and the judges; and that this is
an enormous sum; that they may be able to satisfy the cupidity of one
most avaricious man, but are quite unable to incur the expense of his
most guilty victory over the laws.
[42]
O trials worthy of being recorded! O splendid reputation of our order!
when the allies of the Roman
people are unwilling that trials for extortion should take place, which
were instituted by our ancestors for the sake of the allies. Would that
man ever have had a favourable hope of his own safety, if he had not
conceived in his mind a bad opinion of you? on which account, he ought,
if possible, to be still more hated by you than he is by the Roman
people, because he considers you like himself in avarice and wickedness
and perjury.
XV.[43] And I beg you, in the name of the immortal gods, O
judges, think of and guard against this; I warn you, I give notice to
you, of what I am well assured, that this most seasonable opportunity
has been given to you by the favour of the gods, for the purpose of
delivering your whole order from hatred, from unpopularity, from
infamy, and from disgrace. There is no severity believed to exist ill
the tribunals, nor any scruples with regard to religion; in short,
there are not believed to be any tribunals at all. Therefore we are
despised and scorned by the Roman people; we are branded with a heavy
and now a long standing infamy.
[44]
Nor, in fact, is there any other reason for which the Roman
people has with so much earnestness sought the restoration of the
tribunician power: but when it was demanding that in words, it seemed
to be asking for that, but in reality it was asking for tribunes which
it could trust. And this did not escape the notice of Quintus Catulus,
a most sagacious and honourable man, who, when Cnaeus Pompeius,
a most gallant and illustrious man, made a motion about the tribunitian
power, and when he was asked his opinion, begin his speech in this
manner, speaking with the greatest authority, “that the conscript
fathers presided over the courts of justice badly and wickedly; but if
in deciding judicial trials they had been willing to satisfy the
expectations of the Roman people, men would not so greatly regret the
tribunitian power?”
[45] Lastly,
when Cnaeus Pompeius
himself, when first he delivered an address to the people as consul
elect, mentioned (what seemed above all things to be watched for) that
he would restore the power of the tribunes, a great shout was raised at
his words, and a grateful murmur pervaded the assembly. And when he had
said also in the same assembly “that the provinces were depopulated and
tyrannised over, that the courts of justice were become base and
wicked, and that he desired to provide for and to remedy that evil,”
the Roman people then signified their good will, not with a shout, but
with a universal uproar.
XVI.[46] But now men are on the watch towers; they observe
how
every one of you behaves himself in respecting religion and in
preserving the laws. They see that, ever since the passing of the law
for restoring the power of the tribunes, only one senator, and he too a
very insignificant one, has been condemned. And though they do nor
blame this, yet they have
nothing which they can very much commend. For there is no credit in
being upright in a case where there is no one who is either able or who
endeavours to corrupt one.
[47]
This is a trial in which you will be deciding about the defendant, the
Roman
people about you;--by the example of what happens to this man it will
be determined whether, when senators are the judges, a very guilty and
a very rich man can be condemned. Moreover, he is a criminal of such a
sort, that there is absolutely nothing whatever in him except the
greatest crimes, and excessive riches; so that if he be acquitted, no
other opinion can be formed of the matter except that which is the most
discreditable possible. Such numerous and enormous vices as his will
not be considered to have been canceled by influence, by family
connection, by some things which may have been done well, or even by
the minor vices of flattery and subservience.
[48]
In short, I will conduct the cause in this manner; I will bring forward
things of such a sort, so well known, so proved by evidence, so
important, and so undeniable, that no one shall venture to use his
influence to obtain from you the acquittal of that man; for I have a
sure path and method by which I can investigate and become acquainted
with all their endeavours. The matter will be so managed by me that not
only the ears but even the eyes of the Roman people shall seem to be
present at all their counsels.
[49]
You have in your power to remove and to eradicate the disgrace and
infamy which has now for many years attached to your order. It is
evident to all men, that since these tribunals have been established
which we now have, there has never been a bench of judges of the same
splendour and dignity as this.
If anything is done wrongly in this case, all men will think not that
other more capable judges should be appointed of the same order of men,
which is not possible; but that another order must be sought for, from
which to select the judges for the future.
XVII.[50] On which account, in the first place, I beg this
of
the immortal gods, which I seem to myself to have hopes of too, that in
this trial no one may be found to be wicked except him who has long
since been found to be such; secondly, if there are many wicked men, I
promise this to you, O judges, I promise this to the Roman people, that
my life shall fail rather than my vigour and perseverance in
prosecuting their iniquity.
[51]
But that iniquity, which, if it should be committed, I promise to
prosecute severely, with however much trouble and danger to myself, and
whatever enmities I may bring on myself by so doing, you, O Marcus
Glabrio,
can guard against ever taking place by your wisdom, and authority, and
diligence. Do you undertake the cause of the tribunals. Do you
undertake the cause of impartiality, of integrity, of good faith and of
religion. Do you undertake the cause of the senate; that, being proved
worthy by its conduct in this trial, it may come into favour and
popularity with the Roman people. Think who you are, and in what a
situation you are placed; what you ought to give to the Roman people,
what you ought to repay to your ancestors. Let the recollection of the
Acilian law passed by your father occur to your mind, owing to which
law the Roman people has had this advantage of most admirable decisions
and very strict judges in cases of extortion.
[52]
High authorities surround you which will not suffer you to forget your
family credit; which will remind you day and night that your father was
a most brave man, your grandfather a most wise one, and your
father-in-law a most worthy man. Wherefore, if you have inherited the
vigour and energy of your father Glabrio in resisting audacious men; if
you have inherited the prudence of your grandfather Scaevola
in foreseeing intrigues which are prepared against your fame and that
of your fellow-judges; if you have any share of the constancy of your
father-in-law Scaurus, so that no one can move you from your genuine
and deliberate opinion, the Roman
people will understand that with an upright and honourable praetor, and
a carefully selected bench of judges, abundance of wealth has more
influence in bringing a criminal into suspicion, than in contributing
to his safety.
XVIII.[53] I am resolved not to permit the praetor or the
judges
to be hanged in this cause. I will not permit the matter to be delayed
till the lictors of the consuls can go and summon the Sicilians, whom
the servants of the consuls elect did not influence before, when by an
unprecedented course of proceeding they sent for them all; I will not
permit those miserable men, formerly the allies and friends of the
Roman
people, now their slaves and suppliants, to lose not only their rights
and fortunes by their tyranny, but to be deprived of even the power of
bewailing their condition;
[54] I
will
not, I say, when the cause has been summed up by me, permit them after
a delay of forty days has intervened, then at last to reply to me when
my accusation has already fallen into oblivion through lapse of time; I
will not permit the decision to be given when this crowd collected from
all Italy has departed from Rome,
which has assembled from all quarters at the same time on account of
the comitia, of the games, and of the census. The reward of the credit
gained by your decision, or the danger arising from the unpopularity
which will accrue to you if you decide unjustly, I think ought to
belong to you; the labour and anxiety to me; the knowledge of what is
done and the recollection of what has been said by every one, to all.
[55]
I will adopt this course, not an unprecedented one, but one that has
been adopted before, by those who are now the chief men of our
state,--the course, I mean, of at once producing the witnesses. What
you will find novel, O judges, is this, that I will so marshal my
witnesses as to unfold the whole of my accusation; that when I have
established it by examining my witnesses, by arguments, and by my
speech, then I shall show the agreement of the evidence with my
accusation: so that there shall be no difference between the
established mode of prosecuting, and this new one, except that,
according to the established mode, when everything has been said which
is to be said, then the witnesses are produced; here they shall be
produced as each count is brought forward; so that the other side shall
have the same opportunity of examining them, of arguing and making
speeches or their evidence. If there be any one who prefers an
uninterrupted speech and the old mode of conducting a prosecution
without any break, he shall have it in some other trial. But for this
time let him understand that what we do is done by us on compulsion,
(for we only do it with the design of opposing the artifice of the
opposite party by our prudence.)
[56]
This will be the first part of the prosecution. We say that Caius
Verres has not only done many licentious acts, many cruel ones, towards
Roman
citizens, and towards some of the allies, many wicked acts against both
gods and men; but especially that he has taken away four hundred
thousand
sesterces out of Sicily
contrary to the laws. We will make this so plain to you by witnesses,
by private documents, and by public records that you shall decide that,
even if we had abundant space and leisure days for making a long speech
without any inconvenience, still there was no need at all of a long
speech in this matter.