I. Many things, O judges, must be necessarily
passed over by me,
in order that I may be able at last to speak in some manner of those
matters which have been entrusted to my good faith. For I have
undertaken the cause of Sicily;
that is the province which has tempted me to this business. But when I
took upon myself this burden, and undertook the cause of Sicily,
in my mind I embraced a wider range, for I took upon myself also the
cause of my whole order--I took upon myself the cause of the Roman
people; because I thought that in that case alone could a just decision
be come to, if not only a wicked criminal was brought up, but if at the
same time a diligent and firm accuser came before the court.
[2] On which account I must the sooner
come to the cause of Sicily
omitting all mention of his other thefts and iniquities, in order that
I may be able to handle it while my strength is yet unimpaired, and
that I may have time enough to dilate fully on the business. And before
I begin to speak of the distresses of Sicily,
it seems to me that I ought to say a little of the dignity and
antiquity of that province, and of the advantage which it is to us. For
as you ought to have a careful regard for all the allies and provinces,
so especially ought you to have a regard for Sicily, O judges, for
many, and those the greatest, reasons:--First, because of all foreign
nations Sicily was the first who joined herself to the friendship and
alliance of the Roman
people. She was the first to be called a province; and the provinces
are a great ornament to the empire. She was the first who taught our
ancestors how glorious a thing it was to rule over foreign nations. She
alone has displayed such good faith and such good will towards the
Roman
people, that the states of that island which have once come into our
alliance have never revolted afterwards, but many of them, and those
the most illustrious of them, have remained firm to our friendship for
ever.
[3] Therefore our ancestors
made their first strides to dominion over Africa from this province.
Nor would the mighty power of Carthage so soon have fallen, if Sicily
had not been open to us, both as a granary to supply us with corn, and
as a harbour for our fleets.
II. Wherefore, Publius Africanus, when he had destroyed
Carthage,
adorned the cities of the Sicilians with most beautiful statues and
monuments, in order to place the greatest number of monuments of his
victory among those whom he thought were especially delighted at the
victory of the Roman people.
[4]
Afterwards that illustrious man, Marcus Marcellus himself, whose valour
in Sicily
was felt by his enemies, his mercy by the conquered, and his good faith
by all the Sicilians, not only provided in that war for the advantage
of his allies, but spared even his conquered enemies. When by valour
and skill he had taken Syracuse,
that most beautiful city, which was not only strongly fortified by art,
but was protected also by its natural advantages--by the character of
the ground about it, and by the sea--he not only allowed it to remain
without any diminution of its strength, but he left it so highly
adorned, as to be at the same time a monument of his victory, of his
clemency, and of his moderation; when men saw both what he had subdued,
and whom he had spared, and what he had left behind him. He thought
that Sicily
was entitled to have so much honour paid to her, that he did not think
that he ought to destroy even an enemy's city in an island of such
allies.
[5] And therefore we have
always so esteemed the island of Sicily
for every purpose, as to think that whatever she could produce was not
so much raised among the Sicilians as stored up in our own homes. When
did she not deliver the corn which she was bound to deliver, by the
proper day? When did she fail to promise us, of her own accord,
whatever she thought we stood in need of? When did she ever refuse
anything which was exacted of her? Therefore that illustrious Marcus
Cato the wise called Sicily a storehouse of provisions for our
republic--the nurse of the Roman people. But we experienced, in that
long and difficult Italian war which we encountered, that Sicily
was not only a storehouse of provisions to us, but was also an old and
well-filled treasury left us by our ancestors; for, supplying us with
hides, with tunics, and with corn, it clothed, armed, and fed our most
numerous armies, without any expense at all to us.
III.[6] What more need I say? How great are these
services, O
judges, which perhaps we are hardly aware we are receiving,--that we
have many wealthy citizens, that they have a province with which they
are connected, faithful and productive to which they may easily make
excursions, where they may be welcome to engage in traffic; citizens,
some of whom she dismisses with gain and profit by supplying them with
merchandise, some she retains, as they take a fancy to turn farmers, or
graziers, or traders in her land, or even to pitch in it their
habitations and their homes. And this is no trifling advantage to the
Roman people, that so vast a number of Roman citizens should be
detained so near home by such a respectable and profitable business.
[7] And since our tributary nations and
our provinces are, as it were, farms belonging to the Roman
people; just as one is most pleased with those farms which are nearest
to one, so too the suburban character of this province is very
acceptable to the Roman
people. And as to the inhabitants themselves, O judges, such is their
patience their virtue, and their frugality, that they appear to come
very nearly up to the old-fashioned manners of our country, and not to
those which now prevail. There is nothing then like the rest of the
Greeks;
no sloth, no luxury; on the contrary there is the greatest diligence in
all public and private affairs, the greatest economy, and the greatest
vigilance. Moreover, they are so fond of our nation that they are the
only people where neither a publican nor a money-changer is unpopular.
[8]
And they have born the injuries of many of our magistrates with such a
disposition, that they have never till this time fled by any public
resolution to the altar of our laws and to your protection; although
they endured the misery of that year which so prostrated them that they
could not have been preserved through it, if Caius Marcellus had not
come among them, by some special providence, as it were, in order that
the safety of Sicily might be twice secured by the same family.
Afterwards, too, they experienced that terrible government of Marcus
Antonius. For they had had these principles handed down to them from
their ancestors, that the kindnesses of the Roman people to the
Sicilians had been so great, that they ought to think even the
injustice of some of our men endurable.
[9]
The states have never before this man's time given any public evidence
against any one. And they would have borne even this man himself, if he
had sinned against them like a man, in any ordinary manner; or in
short, in any one single kind of tyranny. But as they were unable to
endure luxury, cruelty, avarice, and pride, when they had lost by the
wickedness and lust of one man all their own advantages, all their own
rights, and all fruits of the kindness of the senate and the Roman
people, they determined either to avenge themselves for the injuries
they had suffered from that man by your instrumentality or if they
seemed to you unworthy of receiving aid and assistance at your hands,
then to leave their cities and their homes, since they had already left
their fields, having been driven out of them by his injuries.
IV.[10] With this design all the deputations begged of
Lucius Metellus
that he would come as his successor as early as possible; with these
feelings, they so often bewailed their miseries to their patrons;
agitated by this indignation, they addressed the consuls with demands,
which seemed to be not demands, but charges against that tyrant. They
contrived also, by their indignation and their tears, to draw me, whose
good faith and moderation they had experienced, almost from the
employment of my life, in order to become his accuser; an action with
which both the settled plan of my life and my inclination are utterly
inconsistent (although in this business I appear to have undertaken a
cause which has more parts of defence than of accusation in it). [11]
Lastly, the most noble men and the chief men of the whole province have
come forward both publicly and privately; every city of the greatest
authority--every city of the highest reputation--have come forward with
the greatest earnestness to prosecute its oppressor for its injuries.
But how, O judges, have they come? It seems to me that I ought
to
speak before you now on behalf of the Sicilians with more freedom than
perhaps they themselves wish. For I shall consult their safety rather
than their inclination. Do you think that there was ever any criminal
in any province defended in his absence against the inquiry into his
conduct urged by his accuser, with such influence, and with such zeal?
The quaestors of both provinces, who were so while he was praetor,
stood close to me with their forces. [12]
Those also who succeeded them, very zealous for his interests,
liberally fed from his stores, were no less vehement against me. See
how great was his influence who had four quaestors in one province,
most zealous defenders and bulwarks of his cause; and the praetor and
all his train so zealous in his interest, that it was quite plain, that
it was not Sicily, which they had come upon when stripped bare, so much
as Verres
himself, who had left it loaded, which they looked upon as their
province. They began to threaten the Sicilians, if they decreed any
deputations to make statements against him; to threaten any one who had
gone on any such deputation, to make most liberal promises to others,
if they spoke well of him; to detain by force and under guard the most
damaging witnesses of his private transactions, whom we had summoned by
word of mouth to give evidence.
V.[13] And though all this was done, yet know ye, that
there was
but one single city, that, namely, of the Mamertines, which by public
resolution sent ambassadors to speak in his favour. But you heard the
chief man of that embassy, the most noble man of that state, Caius
Eleius, speak on his oath, and say, that Verres had had a transport of
the largest size built at Messana,
the work being contracted for at the expense of the city. And that same
ambassador of the Mamertines, his panegyrist, said that he had not only
robbed him of his private property, but had also carried away his
sacred vessels, and the images of the Di Penates,
which he had received from his ancestors, out of his house. A noble
panegyric; when the one business of the ambassadors is discharged by
two operations, praising the man and demanding back what has been
stolen by him. And on what account that very city is friendly to him,
shall be told in its proper place. For you will find that those very
things which are the causes of the Mamertines bearing him good-will,
are themselves sufficiently just causes for his condemnation. No other
city, O judges, praises him by public resolution.
[14]
The power of supreme authority has had so much influence with a very
few men, not in the cities, that either some most insignificant people
of the most miserable and deserted towns were found who would go to
Rome
without the command of their people or their senate, or on the other
hand, those who had been voted as ambassadors against him, and who had
received the public evidence to deliver, and the public commission,
were detained by force or by fear. And I am not vexed at this having
happened in a few instances, in order that the rest of the cities, so
numerous, so powerful, and so wise,--that all Sicily,
in short, should have all the more influence with you when you see that
they could be restrained by no force, could be hindered by no danger,
from making experiment whether the complaints of your oldest and most
faithful allies had any weight with you. [15]
For as to what some of you may, perhaps, have heard, that he had a
public encomium passed upon him by the Syracusans, although in the
former pleading you learnt from the evidence of Heraclius
the Syracusan what sort of encomium it was, still it shall be proved to
you in another place how the whole matter really stands as far as that
city is concerned For you shall see clearly that no man has ever been
so hated by any people as that man both is and has been by the
Syracusans.
VI. But perhaps it is only the native Sicilians who are
persecuting him: the Roman citizens who are trading in Sicily
defend him, love him, desire his safety. First of all, if that were the
case, still in this trial for extortion, which has been established for
the sake of the allies, according to that law and forms of proceeding
which the allies are entitled to, you ought to listen to the complaints
of the allies. [16]
But you were able to see clearly in the former pleading, that many
Roman
citizens from Sicily,
most honourable men, gave evidence about most important transactions,
both as to injuries which they had received themselves, and injuries
which they knew had been inflicted on others. I, O judges, affirm in
this way what I know. I seem to myself to have done an action
acceptable to the Sicilians in seeking to avenge their injuries with my
own labour, at my own peril, and at the risk of incurring enmity in
some quarters; and I am sure that this which I am doing is not less
acceptable to our own citizens, who think that the safety of their
rights, of their liberty, of their properties and fortunes, consists in
tho condemnation of that man. [17]
On
which account, while speaking of his Sicilian praetorship, I will not
object to your listening to me on this condition, that if he has been
approved of by any description of men whatever; whether of Sicilians or
of our own citizens; if he has been approved of by any class of men,
whether agriculturists, or graziers, or merchants; if he has not been
the common enemy and plunderer of all these men,--if, in short, he has
ever spared any man in any thing, then you, too, shall spare him.
Now, as soon as Sicily fell to him by lot as his province,
immediately at Rome,
while he was yet in the city, before he departed, he began to consider
within himself and to deliberate with his friends, by what means he
might make the greatest sum of money in that province in one year. He
did not like to learn while he was acting, (though he was not entirely
ignorant and inexperienced in the oppression of a province,) but he
wished to arrive in Sicily with all his plans for plunder carefully
thought of and prepared. [18]
Oh how correct was the augury diffused by common report and common
conversation among the people in that province! when from his very name
men augured in a jesting way what he would do in the province. Indeed,
who could doubt, when they recollected his flight and robbery in his
quaestorship--when they considered his spoliation of temples and
shrines in his lieutenancy--when they saw in the forum the plunder of
his praetorship--what sort of man he was likely to prove in the fourth
act of his villainy?
VII. And that you may be aware that he inquired at Rome
not only into the different kinds of robbery which he might be able to
execute, but into the very names of his victims, listen to this most
certain proof, by which you will be able more easily to form an opinion
of his unexampled impudence. [19]
The very day on which he reached Sicily, (see now whether he was not
come, according to that omen bruited about the city,) prepared to sweep
the province pretty clean, he immediately sends letters from Messana to
Halesa, which I suppose he had written in Italy. For, as soon as he
disembarked from the ship, he gave orders that Dio of Halesa
should come to him instantly; saying that he wished to make inquiry
about an inheritance which had come to his son from a relation,
Apollodorus Laphiro. [20] It was, O
judges, a very large sum of money. This Dio, O judges, is now, by the
kindness of Quintus Metellus, become a Roman
citizen; and in his case it was proved to your satisfaction at the
former pleading, by the evidence of many men of the highest
consideration, and by the account-books of many men, that a million of sesterces
had been paid in order that, after Verres
had inquired into the cause, in which there could no possible doubt
exist, he might have a decision in his favour;--that, besides that all
herds of the highest-bred mares were driven away, that all the plate
and embroidered robes which he had in his home were carried off; so
that Quintus Dio lost eleven hundred thousand sesterces
because an inheritance had come to him, and for no other reason. [21] What are we to say? Who was
praetor when this inheritance came to the son of Dio? The same man who
was so when hers came to Annia the daughter of Publius Annius the
senator,--the same who was so when his was left to Marcus Ligur the
senator, namely Caius Sacerdos. What are we to say? Had no one been
troublesome to Dio on the subject at the time?, No more than they had
to Ligur, while Sacerdos was praetor. What then? :Did any one make any
complaint to Verres? Nobody, unless perhaps you suppose that the
informers were ready for him at the strait.
VIII. When he was still at Rome,
he heard that a very great inheritance had come to a certain Sicilian
named Dio; that the heir had been enjoined by the terms of the will to
erect statues in the forum; that, unless he erected them, he was to be
liable to forfeiture to Venus Erycina. Although they had been erected
in compliance with the will, still he; Verres, thought, since the name
of Venus was mentioned, that he could find some pretext for making
money of it. [22]
Therefore he sets up a man to claim that inheritance for Venus Erycina.
For it was not (as would have been usual) the quaestor in whose
province Mount Eryx was, who made the demand. A fellow of the name of
Naevius Turpo is the claimant, a spy and emissary of Verres, the most
infamous of all that band of informers of his, who had been condemned
in the praetorship of Caius Sacerdos
for many wickednesses. For the cause was such that the very praetor
himself when he was seeking for an accuser, could not find one a little
more respectable than this fellow. Verres acquits his man of any
forfeiture to Venus,
but condemns him to pay forfeit to himself. He preferred, forsooth, to
have men do wrong rather than gods;--he preferred himself to extort
from Dio what was contrary to law, rather than to let Venus take
anything that was not due to her. [23]
Why need I now in this place recite the evidence of Sextus Pompeius
Chlorus,
who pleaded Dio's cause? who was concerned in the whole business? A
most honourable man, and, although he has long ago been made a Roman
citizen in reward for his virtues, still the very chief man and the
most noble of all the Sicilians. Why need I recite the evidence of
Quintus Caecilius Dio himself, a most admirable and moderate man? Why
need I recite that of Lucius Vetecilius Ligur, of Titus Manlius, of
Lucius Calenus? by the evidence of all of whom this case about Dio's
money was fully established. Marcus Lucullus
said the same thing that he had long ago known all the facts of the
tyranny practised on Dio, through the connection of hospitality which
existed between them. [24] What?
Did Lucullus, who was at that time in Macedonia, know all these things
better than you, O Hortensius, who were at Rome? you to whom Dio fled
for aid? you who expostulated with Verres
by letter in very severe terms about the injuries done to Dio? Is an
this new to you now, and unexpected? is this the first time your ears
have heard of this crime?, Did you hear nothing of it from Dio, nothing
from your own mother-in-law, that most admirable woman, Servilia,
an ancient friend and connection of Dio's? Are not my witnesses
ignorant of many circumstances which you are acquainted with? Is it not
owing, not to the innocence of your client, but to the exception made
by the law, that I am prevented from summoning you as a witness on my
side on this charge? [The evidence of Marcus Lucullus, of Chlorus, of
Dio is read.]
IX. Does not this Venereal man, who went forth from the
bosom of Chelidon to his province, appear to you to have got a
sufficiently large sum by means of the name of Verres? [25] Listen now to a no less
shamelessly false accusation in a case where a smaller sum was
involved. Sosippus and Epicrates were brothers of the town of Agyrium;
their father died twenty-two years ago, by whose will, if anything were
done wrongly in any point, there was to be a forfeiture of his property
to Venus.
In the twentieth year after his death, though there had been in the
interim so many praetors, so many quaestors, and so many false accusers
in the province, the inheritance was claimed from the brothers in the
name of Venus. Verres takes cognisance of the cause; by the agency of
Volcatius he receives money from the two brothers, about four hundred
thousand sesterces. You have heard the evidence of many
people already; the brothers of Agyrium gained their cause, but on such
terms that they left the court stripped and beggared.
X.[26] Oh, but that money never came to Verres. What
does that defence mean? is that asserted in this case, or only put out
as a feeler? For to me it is quite a new light. Verres set up the
accusers; Verres summoned the brother to appear before him; Verres
heard the cause; Verres gave sentence. A vast sum was paid; they who
paid it gained the cause; and you argue in defence “that money was not
paid to Verres.” I can help you; my witnesses too say the same thing;
they say they paid it to Volcatius. How did Volcatius acquire so much
power as to get four hundred thousand sesterces from two
men? Would any one have given Volcatius,
if he had come on his own account, one half-farthing? Let him come now,
let him try; no one will receive him in his house. But I say more; I
accuse you of having received forty millions of sesterces
contrary to law; and I deny that you have ever accounted for one
farthing of that money; but when money was paid for your decrees, for
your orders, for your decisions, the point to be inquired into was not
into whose hand it was paid, but by whose oppression it was extorted. [27]
Those chosen companions of yours were your hands; the prefects, the
secretaries, the surgeons, the attendants the soothsayers, the criers,
were your hands. The more each individual was connected with you by any
relationship, or affinity, or intimacy, the more he was considered one
of your bands. The whole of that retinue of yours, which caused more
evil to Sicily
than a hundred troops of fugitive slaves would have caused, was beyond
all question your hand. Whatever was taken by any one of these men,
that must be considered not only as having been given to you, but as
having been paid into your own hand. For if you, O judges, admit this
defence, “He did not receive it himself,” you will put an end to all
judicial proceedings for extortion. For no criminal will be brought
before you so guilty as not to be able to avail himself of that plea?
Indeed, since Verres uses it, what criminal will ever henceforward be
found so abandoned as not to be thought equal to Quintus Lucius in
innocence by comparison with that man? And even now those who say this
do not appear to me to be defending Verres so much as trying, in the
instance of Verres, what license of defence will be admitted in other
cases. [28]
And with reference to this matter, you, O judges, ought to take great
care what you do. It concerns the chief interests of the republic, and
the reputation of our order, and the safety of the allies. For if we
wish to be thought innocent, we must not only show that we ourselves
are moderate, but that our companions are so too.
XI. First of all, we must take care to take those men
with us
who with regard our credit and our safety. Secondly, if in the
selection of men our hopes have deceived us through friendship for the
persons, we must take care to punish them, to dismiss them. We must
always live as if we expected to have to give an account of what we
have been doing. This is what was said by Africanus,
a most kind-hearted man, (but that kind-heartedness alone is really
admirable which is exercised without any risk to a man's reputation, as
it was by him,) [29]
when an old follower of his, who reckoned himself one of his friends,
could not prevail on him to take him with him into Africa
as his prefect, and was much annoyed at it. “Do not marvel,” said he,
“that you do not obtain this from me, for I have been a long time
begging a man to whom I believe my reputation to be dear, to go with me
as my prefect, and as yet I cannot prevail upon him.” And in truth
there is much more reason to beg men to go with us as our officers into
a province, if we wish to preserve our safety and our honour, than to
give men office as a favour to them; but as for you, when you were
inviting your friends into the province, as to a place for plunder, and
were robbing in company with them, and by means of them, and were
presenting them in the public assembly with golden rings, did it never
occur to you that you should have to give an account, not only of
yourself, but of their actions also? [30]
When he had acquired for himself these great and abundant gains from
these causes which he had determined to examine into himself with his
council--that is, with this retinue of his--then he invented an
infinite number of expedients for getting bold of a countless amount of
money.
XII. No one doubts that all the wealth of every man is
placed in the power of those men who allow
trials to proceed, and of those who sit as judges at the trials, no one
doubts that none of us can retain possession of his house, of his farm,
or of his paternal property, if, when these are claimed by any one of
you, a rascally praetor, whose judgments no one has the power of
arresting, can assign any judge whom he chooses, and if the worthless
and corrupt judge gives any sentence which the praetor bids him give. [31] But if this
also be added, that the praetor assigns the trial to take place
according to such a formula, that even Lucius Octavius Balbus,
if he were judge, (a man of the greatest experience in all that belongs
to the law and to the duties of a judge,) could not decide otherwise:
suppose it ran in this way:--“Let Lucius Octavius be the judge; if it
appears that the farm at Capena, which is in dispute, belongs,
according to the law of the Roman people, to Publius Servilius, that
farm must be restored to Quintus Catulus,” will not Lucius Octavius be
bound, as judge, to compel Publius Servilius to restore the farm to
Quintus Catulus,
or to condemn him whom he ought not to condemn? The whole praetorian
law was like that; the whole course of judicial proceedings in Sicily
was like that for three years, while Verres
was praetor. His decrees were like this:--“If he does not accept what
you say that you owe, accuse him; if he claims anything, take him to
prison.”
He ordered Caius Fuficius, who claimed something, to be taken
to prison; so he did Lucius Suetius and Lucius Rucilius. His tribunals
he formed in this way:--those who were Roman
citizens were to be judges, when Sicilians ought to have been,
according to their laws, those who were Sicilians were to be judges,
when Romans should have been. [32]
But that you may understand his whole system of judicial proceedings,
listen first to the laws of the Sicilians in such uses, and then to the
practices this man established.
XIII. The Sicilians have this law,--that if a citizen
of any
town has a dispute with a fellow-citizen, he is to decide it in his own
town, according to the laws there existing; if a Sicilian has a dispute
with a Sicilian of a different city, in that case the praetor is to
assign judges of that dispute, according to the law of Publius
Rupilius,
which be enacted by the advice of ten commissioners appointed to
consider the subject, and which the Sicilians call the Rupilian law. If
an individual makes a claim in a community, or a community on an
individual, the senate of some third city is assigned to furnish the
judges, as the citizens of the cities interested in the litigation are
rejected as judges in such a case. If a Roman citizen makes a claim on
a Sicilian, a Sicilian judge is assigned; if a Sicilian makes a claim
on a Roman citizen, a Roman citizen is assigned as judge: in all other
matters judges are appointed selected from the body of Roman
citizens dwelling in the place. In law-suits between the farmers and
the tax collectors, trials are regulated by the law about corn, which
they call Lex Hieronica. [33]
All these rights were not only thrown into disorder while that man was
praetor, but indeed were openly taken away from both the Sicilians and
from the Roman
citizens. First of all, their own laws with reference to one another
were disregarded. If a citizen had a dispute with another citizen, he
either assigned any one as judge whom it was convenient to himself to
assign, crier, soothsayer, or his own physician; or if a tribunal was
established by the laws, and the parties had come before one of their
fellow-citizens as the judge, that citizen was not allowed to decide
without control. For, listen to the edict issued by this man, by which
edict he brought every tribunal under his own authority: “If any one
had given a wrong decision, he would examine into the matter himself;
when he had examined, he would punish.” And when he did that, no one
doubted that when the judge thought that some one else was doing to sit
in judgment on his decision, and that he should be at the risk of his
life in the matter, he would consider the inclination of the man who he
expected would presently be judging in a matter affecting his down
existence as a citizen. [34] Judges
selected from the Roman
settlers there were none; none even of the traders in the cities were
proposed as judges. The crowd of judges which I am speaking of was the
retinue, not of Quintus Scaevola, (who, however, did not make practice
of appointing judges from among his own followers,) but of Caius
Verres.
And what sort of a retinue do you suppose it was when such a man as he
was its chief? You see announced in the edict, “If the senate gives an
erroneous decision....” I will prove that, if at any time a bench of
judges was taken from the senate, that also gave its decisions, through
compulsion, on his part, contrary to their own opinions. There never
was any selection of the judges by lot, according to the Rupilian law,
except when he had no interest whatever in the case. The tribunals
established in the case of many disputes by the Lex Hieronica
were all abolished by a single edict; no judges were appointed selected
from the settlers or from the traders. What great power he had you see;
now learn how he exercised it.
XIV.[35] Heraclius is the son of Hiero, a Syracusan; a
man among the very first for nobility of family, and, before Verres
came as praetor, one of the most wealthy of the Syracusans;
now a very poor man, owing to no other calamity but the avarice and
injustice of that man. An inheritance of at least three millions of sesterces
came to him by the will of his relation Heraclius;
the house was full of silver plate exquisitely carved, of abundance of
embroidered robes, and of most valuable slaves; things in which who is
ignorant of the insane cupidity of that man? The fact was a subject of
common conversation, that a great fortune had come to Heraclius that
Heraclius would not only be rich, but that he would be amply supplied
with furniture, plate, robes and slaves. [36]
Verres,
too, hears this; and at first he tries by the tricks and maneuvers
which he is so fond of, to get him to lend things to him to look at,
which he means never to return. Afterwards he takes counsel from some
Syracusans; and they were relations of his, whose wives too were not
believed to be entirely strangers to him, by name Cleomenes
and Aeschrio. What influence they had with him, and on what disgraceful
reasons it was founded, you may understand from the rest of the
accusation. These men, as I say, give Verres advice. They tell him that
the property is a fine one, which in every sort of wealth; and that
Heraclius
himself is a man advancing in years, and not very active; and that he
has no patron on whom he has any claim, or to whom he has any access
except the Marcelli; that a condition was contained in the will in
which he was mentioned as heir, that he was to erect some statues in
the palaestra. We will contrive to produce people from the palaestra
to assert that they have not been erected according to the terms of the
will, and to claim the inheritance, because they say that it is
forfeited to the palaestra. The idea pleased Verres.
[37]
For he foresaw that, when such an inheritance became disputed, and was
claimed by process of law, it was quite impossible for him not to get
some plunder out of it before it was done with. He approves of the
plan; he advises them to begin to act as speedily as possible, and to
attack a man of that age, and disinclined to law-suits, with as much
bluster as possible.
XV. An action is brought in due form against Heraclius.
At first all marvel at the roguery of the accusation. After a little,
of those who knew Verres,
some suspected, and some clearly saw that he had cast his eyes on the
inheritance. In the mean time the day had arrived, on which he had
announced in his edict that, according to established usage, and to the
Rupilian law, he would assign judges at Syracuse. He had come prepared
to assign judges in this cause. Then Heraclius
points out to him that he cannot assign judges in his cause that day,
because the Rupilian law said that they were not to be assigned till
thirty days after the action was commenced. The thirty days had not yet
elapsed; Heraclius hoped that, if he could avoid having them appointed
that day, Quintus Arrius, whom the province was eagerly expecting,
would arrive as successor to Verres before another appointment could
take place. [38]
He postponed appointing judges in all suits, and fixed the first day
for appointing them that he legally could after the thirty days claimed
by Heraclius in his action had elapsed. When the day arrived, he began
to pretend that he was desirous to appoint the judges. Heraclius comes
with his advocates, and claims to be allowed to have the cause between
him and the men of the palaestra,
that is to say, with the Syracusan people, tried by strict law. His
adversaries demand that judges be appointed to decide on that matter of
those cities which were in the habit of frequenting the Syracusan
courts. Judges were appointed, whomsoever Verres chose. Heraclius
demanded, on the other hand, that judges should be appointed according
to the provisions of the Rupilian law; and that no departure should be
made from the established usage of their ancestors, from the authority
of the senate, and from the rights of all the Sicilians.
XVI.[39] Why need I demonstrate the licentious
wickedness of that Verres,
in the administration of justice? Who of you is not aware of it, from
his administration in this city? Who ever, while he was praetor, could
obtain anything by law against the will of Chelidon? The province did
not corrupt that man, as it has corrupted some; he was the same man
that he had been at Rome. When Heraclius
said, what all men well knew, that there was an established form of law
among the Sicilians by which causes between them were to be tried; that
there was the Rupilian law, which Publius Rupilius, the consul, had
enacted, with the advice of ten chosen commissioners; that every
praetor and consul in Sicily
had always observed this law. He said that he should not appoint judges
according to the provisions of the Rupilian law. He appointed five
judges who were most agreeable to himself. [40]
What can you do with such a man as this? What punishment can you find
worthy of such licentiousness? Then it was prescribed to you by law, O
most wicked and most shameless man, in what way you were to appoint
judges among the Sicilians; when the authority of a general of the
Roman
people, when the dignity of ten commissioners, men of the highest rank,
when a positive resolution of the senate was against you, in obedience
to which resolution Publius Rupilius had established laws in Sicily
by the advice of ten commissioners; when, before you came as praetor
every one had most strictly observed the Rupilian laws in all points,
and especially in judicial matters; did you dare to consider so many
solemn circumstances as nothing in comparison with your own plunder?
Did you acknowledge no law? Had you no scruple? no regard for your
reputation? no fear of any judgment yourself? Has the authority of no
one of any weight with you? Was there no example which you chose to
follow? [41] But, I was going to
say,
when these five judges had been appointed, by no law, according to no
use, with none of the proper ceremonies, with no drawing of lots,
according to his mere will, not to examine into the cause, but to give
whatever decision they were commanded, on that day nothing more was
done; the parties are ordered to appear on the day following.
XVII. In the meantime Heraclius,
as he sees that it is all a plot laid by the praetor against his
fortune, resolves, by the advice of his friends and relations, not to
appear before the court. Accordingly he flies from Syracuse that night.
Verres
the next day, early in the morning,--for he had got up much earlier
than he ever did before,--orders the judges to be summoned. When he
finds that Heraclius does not appear, he begins to insist on their
condemning Heraclius
in his absence. They expostulate with him, and beg him, if he pleases,
to adhere to the rule he had himself laid down, and not to compel them
to decide against the absent party in favour of the party who was
present, before the tenth hour. He agrees. [42] In the meantime both Verres
himself began to be uneasy, and his friends and counselors began also
to be a good deal vexed at Heraclius'
having fled. They thought that the condemnation of an absent man,
especially in a matter involving so large a sum of money, would be a
far more odious measure than if he had appeared in court, and had there
been condemned. To this consideration was added the fact, that because
the judges had not been appointed in accordance with the provisions of
the Rupilian law, they saw that the affair would appear much more base
and more iniquitous. And so, while he endeavours to correct this error,
his covetousness and dishonesty are made more evident. For he declares
that he will not use those five judges; he orders (as ought to have
been done at first, according to the Rupilian law) Heraclius
to be summoned, and those who had brought the action against him; he
says that he is going to appoint the judges by lot, according to the
Rupilian law. That which Heraclius
the day before could not obtain from him, though he begged and
entreated it of him with many tears, occurred to him the next day of
his own accord, and he recollected that he ought to appoint judges
according to the Rupilian law. He draws the names of three out of the
urn: he commands them to condemn Heraclius in his absence. So they
condemn him. [43]
What was the meaning of that madness? Did you think that you would
never have to give an account of your actions? Did you think that such
men as these would never hear of these transactions? Is such an
inheritance to be claimed without the slightest grounds for such a
claim, in order to become the plunder of the praetor? is the name of
the city to be introduced? is the base character of a false accuser to
be fixed upon an honourable state? And not this only, but is the whole
business to be conducted in such a matter that there is to be not even
the least appearance of justice kept up? For, in the name of the
immortal gods, what difference does it make whether the praetor
commands and by force compels any one to abandon all his property, or
passed a sentence by which, without any trial, he must lose all his
fortune?
XVIII.[44] In truth you cannot deny that you ought to
have
appointed judges according to the provisions of the Rupilian law,
especially when Heraclius demanded it. If you say that you departed
from the law with the consent of Heraclius,
you will entangle yourself, you will be hampered by the statement you
make in your own defence. For if that was the case, why, in the first
place, did he refuse to appear, when he might have had the judges
chosen from the proper body which he demanded? Secondly, why, after his
flight, did you appoint other judges by drawing lots, if you had
appointed those who had been before appointed, with the consent of each
party? Thirdly, Marcus Postumius, the quaestor, appointed as the other
judges in the market-place; you appointed the judges in this case
alone. [45]
However, by these means, some one will say, he gave that inheritance to
the Syracusan people. In the first place, even if I were disposed to
grant that, still you must condemn him; for it is not permitted to us
with impunity to rob one man for the purpose of giving to another. But
you will find that he despoiled that inheritance himself without making
much secret of his proceedings; that the Syracusan people, indeed, had
a great deal of the odium, a great deal of the infamy, but that another
had the profit; that a few Syracusans,
those who now say that they have come in obedience to the public
command of their city, to bear testimony in his favour, were then
sharers in the plunder, and are come hither now, not for the purpose of
speaking in his favour, but to assist in the valuation of the damages
which they claim from him. After he was condemned in his absence,
possession is given to the palaestra of the Syracusans,--that
is, to the Syracusan people,--not only of that inheritance which was in
question, and which was of the value of three millions of sesterces,
but also of all Heraclius's own paternal property, which was of equal
amount. [46]
What sort of a partnership in that of yours? You take away a man's
inheritance, which had come to him from a relation, had come by will,
had come in accordance with the laws; all which property, he, who made
the will, had made over to this Heraclius
to have and to use as he would, some time before he died,--of which
inheritance, as he had died some time before you became praetor, there
had been no dispute, nor had any one made any mention of it.
XIX. However, be it so; take away inheritances from
relations, give them to people at the palaestra;
plunder other people's property in the name of the state; overturn
laws, wills, the wishes of the dead, the rights of the living: had you
any right to deprive Heraclius
of his paternal property also? And yet as soon as he fled, how
shamelessly, how undisguisedly, how cruelly, O ye immortal gods, was
his property seized! How disastrous did that business seem to
Heraclius,
how profitable to Verres, how disgraceful to the Syracusans,
how miserable to everybody! For the first measures which are taken are
to carry whatever chased plate there was among that property to Verres:
as for all Corinthian
vessels, all embroidered robes, no one doubted that they would be taken
and seized, and carried inevitably to his house, not only out of that
house, but out of every house in the whole province. He took away
whatever slaves he pleased, others he distributed to his friends: an
auction was held, in which his invincible train was supreme everywhere.
[47] But
this is remarkable. The Syracusans who presided over what was called
the collection of this property of Heraclius,
but what was in reality the division of it, gave in to the senate their
accounts of the whole business; they said that many pairs of goblets
many silver water-ewers, much valuable embroidered cloth, and many
valuable slaves, had been presented to Verres; they stated how much
money had been given to each person by his order. The Syracusans
groaned, but still they bore it. Suddenly this item is read,--that two
hundred and fifty thousand sesterces
were given to one person by command of the praetor. A great outcry
arises from every one, not only from every virtuous man, nor from those
to whom it had always seemed scandalous that the goods of a private
individual should be taken from him, by the greatest injustice, under
the name of being claimed by the people, but even the very chief
instigators of the wrong; and in some degree the partner in the rapine
and plunder, began to cry out that the man ought to have his
inheritance for himself. So great an uproar arise in the senate-house,
that the people ran to see what had happened.
XX.[48] The matter being known to the whole assembly,
is soon
reported at Verres's house. The man was in a rage with those who had
read out the accounts,--an enemy to all who had raised the outcry; he
was in fury with rage and passion. But he was at that moment unlike
himself. You know the appearance of the man, you know his audacity; yet
at that moment he was much disquieted by the reports circulated among
the people, by their outcry, and by the impossibility of concealing the
robbery of so large a sum of money. When he came to himself, he
summoned the Syracusans
to him, because he could not deny that money had been given him by
them; he did not go to a distance to look for some one, (in which case
he would not have been able to prove it,) but he took one of his
nearest relations, a sort of second son, and accused him of having
stolen the money. He declared that he would
make him refund it; and he, after he heard that, had a proper regard
for his dignity, for his age, and for his noble birth. He addressed the
senate on the subject; he declared to them that he had nothing to do
with the business Of Verres he said what all saw to be true, and he
said it plainly enough. Therefore, the Syracusans afterwards erected
him a statue; and he himself, as soon as he could, left Verres, and
departed from the province. [49]
And yet they say that this man complains sometimes of his misery in
being weighed down, not by his own offences and crimes, but by those of
his friends. You had the province for three years; your son-in-law
elect, a young man, was with you one year. Your companions, gallant
men, who were your lieutenants, left you the first year. One
lieutenant, Publius Tadius,
who remained, was not much with you; but if he had been always with
you, he would with the greatest care have spared your reputation, and
still more would he have spared his own. What presence have you for
accusing others? What reason have you for thinking that you can, I will
not say, shift the blame of your actions on another, but that you can
divide it with another? [50] That
two hundred and fifty thousand sesterces are refunded to
the Syracusans, and how they afterwards returned to him by the
backdoor, I will make evident to you, O judges, by documents and by
witnesses.
XXI. And akin to this iniquity and rascality of that
fellow, by
which plunder, consisting of a part of that property, came to many of
the Syracusans against the will of the people and senate of Syracuse,
are those crimes which were committed by the instrumentality of
Theomnastus, and Aeschrio, and Dionysodorus, and Cleomenes,
utterly against the wish of the city; first of all in plundering the
whole city, of which matter I have arranged to speak in another part of
my accusation, so that, by the assistance of those men whom I have
named, he carried off all the statues, all the works in ivory out of
the sacred temples, all the paintings from every place, and even
whatever images of the gods he fancied; secondly, that in the
senate-house of the Syracusans, which they call bouleutêrion, a
most honourable place, and of the highest reputation in the eyes of the
citizens, where there is a brazen statue of Marcus Marcellus himself,
(who preserved and restored that place to the Syracusans,
though by the laws of war and victory he might have taken it away,)
those men erected a gilt statue to him and another to his son; in order
that, as long as the recollection of that man remained, the Syracusan
senate might never be in the senate-house without lamentation and
groaning. [51]
By means of the same partners in his injuries, and thefts, and bribes,
during his command the festival of Marcellus at Syracuse
is abolished, to the great grief of the city;--a festival which they
both gladly paid as due to the recent services done them by Caius
Marcellus, and also most gladly gave to the family and name and race of
the Marcelli. Mithridates in Asia, when he had occupied the whole of
that province, did not abolish the festival of Mucius. An enemy, and he
too an enemy in other respects, only too savage and
barbarous, still would not violate the honour of a name which had been
consecrated by holy ceremonies. You forbade the Syracusans to grant one
day of festival to the Marcelli, to whom they owed the being able to
celebrate other days of festival. [52]
Oh, but you gave them a splendid day instead of it; you allowed them to
celebrate a festival in honour of Verres,
and issued contracts for providing all that would be necessary for
sacrifices and banquets on that day for many years. But in such an
enormous superfluity of impudence as that man's, it seems better to
pass over some things, that we may not appear to strain every
point,--that we may not appear to have no feelings but those of
indignation. For time, voice, lungs, would fail me, if I wished now to
cry out how miserable and scandalous it is, that there should be a
festive day in his name among those people, who think themselves
utterly ruined by that man's conduct. O splendid Verrine festival!
whither have you gone that you have not brought the people cause to
remember that day? In truth, what house, what city, what temple even
have you ever approached without leaving it emptied and ruined. Let the
festival, then, be fitly called Verrine, and appear to be established,
not from recollection of your name, but of your covetousness and your
natural disposition.
XXII.[53] See, O judges, how easily injustice, and the
habit of
doing wrong creeps on; see how difficult it is to check. There is a
town called Bidis, an insignificant one indeed, not far from Syracuse.
By far the first man of that city is a man of the name of Epicrates. An
inheritance of five hundred thousand sesterces had come
to him from some woman who was a relation of his, and so near a
relation, that even if she had died intestate, Epicrates must have been
her heir according to the laws of Bidis. The transaction at Syracuse
which I have just mentioned was fresh in men's memories,--the affair I
mean of Heraclius the Syracusan, who would not have lost his property
if an inheritance had not come to him. To this Epicrates too an
inheritance had come, as I have said. [54]
His enemies began to consider that he too might be easily turned out of
his property by the same praetor as Heraclius had been stripped of his
by; they plan the affair secretly; they suggest it to Verres by his
emissaries. The cause is arranged, so that the people belonging to the
palaestra at Bidis are to claim his inheritance from Epicrates, just as
the men of the Syracusan palaestra had claimed his from Heraclius. You
never saw a praetor so devoted to the interests of the palaestra. But
he defended the men of the palaestra in such a way that he himself came
off with his wheels all the better greased. In this instance Verres, as
soon as he foresaw what would happen, ordered eighty thousand sesterces
to be paid to one of his friends. [55]
The matter could not be kept entirely secret. Epicrates
is informed of it by one of those who were concerned in it. At first he
began to disregard and despise it, because the claim made against him
had actually nothing in it about which a doubt could be raised.
Afterwards when he thought of Heraclius, and recollected the
licentiousness of Verres, he thought it better to depart secretly from
the province. He did so; he went to Rhegium.
XXIII. And when this was known, they began to fret who
had paid the money. They thought that nothing could be done in the
absence of Epicrates. For Heraclius
indeed had been present when the judges were appointed; but in the case
of this man, who had departed before any steps had been taken in the
action, before indeed there had been any open mention made of the
dispute, they thought that nothing could be done. The men go to
Rhegium;
they go to Epicrates; they point out to him, what indeed he knew, that
they had paid eighty thousand sesterces;
they beg him to make up to them the money they themselves were out of
pocket; they tell him he may take any security from them that he likes,
that none of them will go to law with Epicrates about that inheritance.
[56]
Epicrates reproaches the men at great length and with great severity,
and dismisses them. They return from Rhegium to Syracuse; they complain
to many people, as men in such a case are apt to do, that they have
paid eighty thousand sesterces for nothing. The affair
got abroad; it began to be the topic of every one's conversation.
Verres
repeats his old Syracusan trick. He says he wants to examine into that
affair of the eighty thousand sesterces. He summons many
people before him. The men of Bidis say that they gave it to Volcatius;
they do not add that they had done so by his command. He summons
Volcatius; he orders the money to be refunded. Volcatius
with great equanimity brings the money, like a man who was sure to lose
nothing by it; he returns it to them in the sight of many people; the
men of Bidis carry the money away. [57]
Some one will say, “What fault then do you find with Verres
in this, who not only is not a thief himself, but who did not even
allow any one else to be one?” Listen a moment. Now you shall see that
this money which was just now seen to leave his house by the main road
returned back again by a by-path. What came next? Ought not the
praetor, having inquired into the case with the bench of judges, when
he had found out that a companion of his own, with the object of
corruptly swaying the law, the sentence, and the bench, (a matter in
which the reputation of the praetor and even his condition as a free
citizen were at stake,) had received money, and that the men of Bidis
had given it, doing injury to the fair fame and fortune of the
praetor,--ought he not, I say, to have punished both him who had taken
the money, and those who had given it? You who had determined to punish
those who had given an erroneous decision, which is often done out of
ignorance, do you permit men to escape with impunity who thought that
money might be received or be paid for the purpose of influencing your
decree, your judicial decision? And yet that same Volcatius remained
with you, although he was a Roman knight, after he had such disgrace
put upon him.
XXIV.[58] For what is more disgraceful for a well-born
man--what
more unworthy of a free man, than to be compelled by the magistrate
before a numerous assembly to restore what has been stolen; and if he
had been of the disposition of which not only a Roman
knight, but every free man ought to be, he would not have been able
after that to look you in the face. He would have been a foe, an enemy,
after he had been subjected to such an insult; unless, indeed, it had
been done through collusion with you, and he had been serving your
reputation rather than his own. And how great a friend he not only was
to you then as long as he was with you in the province, but how great a
friend he is even now, when you have long since been deserted by all
the rest, you know yourself, and we can conceive. But is this the only
argument that nothing was done without his knowledge, that Volcatius
was not offended with him? that he punished neither Volcatius nor the
men of Bidis? [59] It is a great
proof, but this is the greatest proof of all, that to those very men of
Bidis,
with whom he ought to have been angry, as being the men by whom he
found out that his decree had been attempted to be influenced by
bribes, because they could do nothing against Epicrates according to
law, even if he were present,--to these very men, I say, he not only
gave that inheritance which had come to Epicrates, but, as in the case
of Heraclius of Syracuse, so too in this case, (which was even rather
more atrocious than the other, because Epicrates
had actually never had any action brought against him at all,) he gave
them all his paternal property and fortune. For he showed that if any
one made a demand of any thing from an absent person, he would hear the
cause, though without any precedent for so doing. The men of Bidis
appear--they claim the inheritance. The agents of Epicrates
demand that he would either refer them to their own laws, or else
appoint judges, in accordance with the provisions of the Rupilian law.
The adversaries did not dare to say anything against this; no escape
from it could be devised. They accuse the man of having fled for the
purpose of cheating them. They demand to be allowed to take possession
of his property. [60] Epicrates
did not owe a farthing to any one. His friends said that, if any one
claimed anything from him, they would stand the trial themselves, and
that they would give security to satisfy the judgment.
XXV. When the whole business was getting cool, by
Verres's instigation they began to accuse Epicrates
of having tampered with the public documents; a suspicion from which he
was far removed. They demand a trial on that charge. His friends began
to object that no new proceeding, that no trial affecting his rank and
reputation, ought to be instituted while he was absent; and at the same
time they did not cease to reiterate their demands that Verres should
refer them to their own laws.
[61]
He, having now got ample room for false accusation, when he sees that
there is any point on which his friends refused to appear for Epicrates
in his absence, declares that he will appoint a trial on that charge
before any other. When all saw plainly that not only that money which
had (to make a presence) been sent from his house, had returned back to
it, but that he had afterwards received much more money, the friends of
Epicrates ceased to argue in his defence. Verres ordered the men of
Bidis to take possession of all his property, and to keep it for
themselves. Besides the five hundred thousand sesterces
which the inheritance amounted to, his own previous fortune amounted to
fifteen hundred thousand. Was the affair planned out in this way from
the beginning? Was it completed in this way? Is it a very trifling sum
of money? Is Verres such a man as to be likely to have done all this
which I have related for nothing? [62]
Now, O judges, hear a little about the misery of the Sicilians. Both
Heraclius the Syracusan, and Epicrates of Bidis, being stripped of all
their property, came to Rome. They lived at Rome nearly two years in
mourning attire, with unshaven beard and hair. When Lucius Metellus
went to the province, then they also go back with Metellus, bearing
with them letters of high recommendation. As soon as Metellus came to
Syracuse he rescinded both the sentences--the sentence in the case of
Epicrates, and that against Heraclius.
In the property of both of them there was nothing which could be
restored, except what was not able to be moved from its place.
XXVI.[63] Metellus
had acted admirably on his first arrival, in rescinding and making of
no effect all the unjust acts of that man which he could rescind. He
had ordered Heraclius to be restored to his property; he was not
restored. Every Syracusan senator who was accused by Heraclius he
ordered to be imprisoned. And on this ground many were imprisoned.
Epicrates was restored at once. Other sentences which had been
pronounced at Lilybaeum, at Agrigentum, and at Panormus, were reviewed
and reformed. Metellus showed that he did not mean to attend to the
returns which had been made while Verres was praetor. The tithes which
he had sold in a manner contrary to the Lex Hieronica, he said that he
would sell according to that law. All the actions of Metellus went to
the same point, so that he seemed to be remodeling the whole of
Verres's praetorship. As soon as I arrived in Sicily, he changed his
conduct. [64]
A man of the name of Letilius had come to him two days before, a man
not unversed in literature, so he constantly used him as his secretary.
He had brought him many letters, and, among them, one from home which
had changed the whole man. On a sudden he began to say that he wished
to do everything to please Verres;
that he was connected with him by the ties of both friendship and
relationship. All men wondered that this should now at last have
occurred to him, after he had injured him by so many actions and so
many decisions. Some thought that Letilius had come as an ambassador
from Verres,
to put him in mind of their mutual interests, their friendship, and
their relationship. From that time he began to solicit the cities for
testimony in favour of Verres,
and not only to try to deter the witnesses against him by threats, but
even to detain them by force. And if I had not by my arrival checked
his endeavours in some degree, and striven among the Sicilians, by the
help of Glabrio's letters and of the law, I should not have been able
to bring so many witnesses into this court.
XXVII.[65] But, as I began to say, remark the miseries
of the Sicilians. Heraclius, whom I have mentioned, and Epicrates came
forward a great distance to meet me, with all their friends. When I
came to Syracuse, they thanked me with tears; they wished to leave
Syracuse, and go to Rome
in my company: because I had many other towns left which I wanted to go
to, I arranged with the men on what day they were to meet me at
Messana.
They sent a messenger to me there, that they were detained by the
praetor. And though I summoned them formally to attend and give
evidence,--though I gave in their names to Metellus,--though
they were very eager to come, having been treated with the most
enormous injustice, they have not arrived yet. These are the rights
which the allies enjoy now, not to be allowed even to complain of their
distresses.
[66] You have already heard
the evidence of Heraclius of Centuripa, a most virtuous and noble young
man, from whom a hundred thousand sesterces were claimed
by a fraudulent and false accusation. Verres, by means of penalties and
securities exacted, contrived to extort three hundred thousand; and the
sentence which had been given in favour of Heraclius, in the affairs
about which security had been given) he set aside, because a citizen of
Centuripa
had acted as judge between two of his fellow-citizens, and he said that
he had given a false decision; he forbade him to appear in the senate,
and deprived him by an interdict of all the privileges of citizens and
of access to all public places. If any one struck him, he announced
that he would take no cognisance of the injury; that if any claim were
made on him, he would appoint a judge from his own retinue, but that he
would not allow him an action on any ground whatever.
[67]
And his authority in the province had just this weight, that no one did
strike him, though the praetor in his province gave every one leave by
word, and in reality incited them to do so; nor did any one claim
anything of him, though he had given licence to false accusation by his
authority; yet that heavy mark of ignominy was attached to the man as
long as Verres
remained in the province. After this fear had been impressed on the
judges, in a manner unexampled and wholly without precedent, do you
suppose that any matter was decided in Sicily
except according to his will and pleasure? Does this appear to have
been the only effect of it, (which effect, however, it had,) to take
his money from Heraclius?
or was not this also the object, as the means by which the greatest
plunder was to be got,--to bring, under presence of judicial decision,
the property and fortune of every one into the power of that one man?
XXVIII.[68] But why should I seek out every separate
transaction
and cause in the trials which took place on capital charges? Out of
many, which are all nearly alike, I will select those which seem to go
beyond all the others in rascality. There was a man of Halicya, named
Sopater, among the first men of his state for riches and high
character. He, having been accused by his enemies before Caius Sacerdos
the praetor, on a capital charge, was easily acquitted. The same
enemies again accused this same Sopater on the same charge before Caius
Verres when he had come as successor to Sacerdos. The matter appeared
trifling to Sopater, both because he was innocent, and because he
thought that Verres would never dare to overturn the decision of
Sacerdos. The defendant is cited to appear. The cause is heard at
Syracuse.
Those changes are brought forward by the accusers which had been
already previously extinguished, not only by the defence, but also by
the decision. [69] Quintus
Minucius,
a Roman knight, among the first for a high and honourable reputation,
and not unknown to you, O judges, defended the cause of Sopater.
There was nothing in the cause which seemed possible to be feared, or
even to be doubted about at all. In the meantime that same Timarchides,
that fellow's attendant and freedman, who is, as you have learnt by
many witnesses at the former hearing, his agent and manager in all
affairs of this sort, comes to Sopater, and advised him not to trust
too much to the decision of Sacerdos
and the justice of his cause; he tells him that his accusers and
enemies have thoughts of giving money to the praetor, but that the
praetor would rather take it to acquit; and at the same time, that he
had rather, if it were possible, not rescind a decision of his
predecessor. Sopater, as this happened to him quite suddenly and
unexpectedly, was greatly perplexed, and had no answer ready to make to
Timarchides,
except that he would consider what he had best do in such a case; and
at the same time he told him that he was in great difficulties
respecting money matters. Afterwards he consulted with his friends; and
as they advised him to purchase an acquittal, he came to Timarchides.
Having explained his difficulties to him, he brings the man down to
eighty thousand sesterces, and pays him that money.
XXIX.[70] When the cause came to be heard, all who were
defending Sopater were without any fear or any anxiety. No crime had
been committed; the matter had been decided; Verres had received the
money. Who could doubt how it would turn out? The matter is not summed
up that day; the court breaks up; Timarchides comes a second time to
Sopater.
He says that his accusers were promising a much larger sum to the
praetor than what he had given, and that if he were wise he would
consider what he had best do. The man, though he was a Sicilian, and a
defendant--that is to say, though he had little chance of obtaining
justice--and was in an unfortunate position, still would not bear with
or listen to Timarchides
any longer. Do, said he, whatever you please; I will not give any more
And this, too, was the advice of his friends and defenders; and so much
the more, because Verres,
however he might conduct himself on the trial, still had with him on
the bench some honourable men of the Syracusan community, who had also
been on the bench with Sacerdos when this same Sopater had been
acquitted. They considered that it was absolutely impossible for the
same men, who had formerly acquitted Sopater, to condemn him now on the
same charge, supported by the same witnesses. And so with this one hope
they came before the court. [71]
And when they came thither, when the same men came in numbers on the
bench who were used to sit there, and when the whole defence of Sopater
rested on this hope, namely, on the number and dignity of the bench of
judges, and on the fact of their being, as I have said before, the same
men who had before acquitted Sopater
of the same charge, mark the open rascality and audacity of the man,
not attempted to be disguised, I will not say under any reason, but
with even the least dissimulation. He orders Marcus Petilius, a Roman
knight, whom he had with him on the bench, to attend to a private cause
in which he was judge. Petilius refused, because Verres
himself was detaining his friends whom he had wished to have with him
on the bench. He, liberal man, said that he did not wish to detain any
of the men who preferred being with Petilius. And so they all go; for
the rest also prevail upon him not to detain them, saying that they
wished to appear in favour of one or other of the parties who were
concerned in that trial. And so he is left alone with his most
worthless retinue. [72] Minucius,
who was defending Sopater, did not doubt that Verres,
since he had dismissed the whole bench, would not proceed with the
investigation of his cause that day; when all of a sudden he is ordered
to state his case. He answers, “To whom?” “To me,” says Verres, “if I
appear to you of sufficient dignity to try the cause of a Sicilian, a
Greek.”
“Certainly,” says he, “you are of sufficient dignity, but I wish for
the presence of those men who were present before, and were acquainted
with the case.” “State your case,” says he; “they cannot be present.”
“For in truth,” says Quintus Minucius, “Petilius begged me also to be
with him on the bench;” and at the same time he began to leave his seat
as counsel. [73] Verres,
in a rage, attacks him with pretty violent language, and even began to
threaten him severely, for bringing such a charge, and trying to excite
such odium against him.
XXX. Minucius, who lived as a merchant at Syracuse,
in such a way as always to bear in mind his rights and his dignity and
who knew that it became him not to increase his property in the
province at the expense of any portion of his liberty, gave the man
such answer as seemed good to him, and as the occasion and the cause
required. He said that he would not speak in defence of his client when
the bench of judges was sent away and dismissed. And so he left the
bar. And all the other friends and advocates of Sopater, except the
Sicilians, did the same. [74]
Verres,
though he is a man of incredible effrontery and audacity, yet when he
was thus suddenly left alone got frightened and agitated. He did not
know what to do, or which way to turn. If he adjourned the
investigation at that time, he knew that when those men were present,
whom he had got rid of for the time, Sopater
would be acquitted; but if he condemned an unfortunate and innocent
man, (while he himself, the praetor, was without any colleagues, and
the defendant without any counsel or patron,) and rescinded the
decision of Caius Sacerdos,
he thought that he should not be able to withstand the unpopularity of
such an act. So he was quite in a fever with perplexity. He turned
himself every way, not only as to his mind, but also as to his body; so
that all who were present could plainly see that fear and covetousness
were contending together in his heart. There was a great crowd of
people present, there was profound silence, and eager expectation which
way his covetousness was going to find vent. His attendant Timarchides
was constantly stooping down to his ear. [75]
Then at last he said, “Come, state your case.” Sopater
began to implore him by the good faith of gods and man, to hear the
cause in company with the rest of the bench. He orders the witnesses to
be summoned instantly. One or two of them give their evidence briefly.
No questions are asked. The crier proclaims that the case is closed.
Verres,
as if he were afraid that Petilius, having either finished or adjourned
the private cause on which he was engaged, might return to the bench
with the rest, jumps down in haste from his seat; he condemned an
innocent man, one who had been acquitted by Caius Sacerdos, without
hearing him in his defence, by the joint sentence of a secretary, a
physician, and a soothsayer.
XXXI.[76] Keep, pray keep that man in the city, O
judges.
Spare him and preserve him, that you may have a man to assist you in
judging causes; to declare his opinion in the senate on questions of
war and peace, without any covetous desires. Although, indeed, we and
the Roman
people have less cause to be anxious as to what his opinion in the
senate is likely to be: for what will be his authority? When will he
have either the daring or the power to deliver his opinion? When will a
man of such luxury and such indolence ever attempt to mount up to the
senate-house except in the month of February? However, let him come;
let him vote war against the Cretans, liberty to the Byzantines; let
him call Ptolemy king; let him say and think everything which
Hortensius
wishes him. These things do not so immediately concern us--have not
such immediate reference to the risk of our lives, or to the peril of
our fortunes.
[77] What really is of vital importance, what is
formidable,
what is to be dreaded by every virtuous man, is, that if through any
influence this man escapes from this trial, he must be among the
judges; he must give his decision on the lives of Roman citizens; he
must be standard-bearer in the army of that man who wishes to possess
undisputed sway over our courts of justice. This the Roman
people refuses; this it will never endure; the whole people raises an
outcry, and gives you leave, if you are delighted with these men, if
you wish from such a set to add splendour to your order, and an
ornament to the senate-house, to have that fellow among you as a
senator, to have him even as a judge in your own cases, if you choose;
but men who are not of your body, men to whom the admirable Cornelian
laws do not give the power of objecting to more than three judges, do
not choose that this man, so cruel, so wicked, so infamous should sit
as judge in matters in which they are concerned.
XXXII.[78] In truth, if that is a wicked action, (which
appears
to me to be of all actions the most base, and the most wicked,) to take
money to influence a decision in a court of law, to put up one's good
faith and religion to auction; how much love wicked, flagitious, and
scandalous is it, to condemn a man from whom you have taken money to
acquit him?--so that the praetor does not even act up to the customs of
robbers, for there is honour among thieves. It is a sin to take money
from a defendant; how much more to take it from an accuser! how much
more wicked still to take it from both parties! When you had put up
your good faith to auction in the province, he had the most weight with
you who gave you the most money.--That was natural: perhaps some time
or other some one else may have done something of the same sort. But
when you had already disposed of your good faith and of your scruples
to the one party, and had received the money, and had afterwards sold
the very same articles to his adversary for a still higher price, are
you going to cheat both, and to decide as you please? and not even to
give back the money to the party whom you have deceived?
[79] What is the use of speaking to me of Bulbus, of
Stalenus? What monster of this sort, what prodigy of wickedness have we
ever
heard of or seen, who would first sell his decision to the defendant,
and afterwards decide in favour of the accuser? who would get rid of,
and dismiss from the bench honourable men who were acquainted with the
cause; would by himself alone condemn a defendant, who had been
acquitted once from whom he had taken money, and would not restore: him
his money?--Shall we have this man on the list of judges Shall he be
named as judge in the second senatorial decury? Shall he be the Judge
of the lives of free men? Shall a judicial tablet be entrusted to him,
which he will mark not only with wax, but with blood too if it be made
worth his while?
XXXIII.[80] For what of all these things does he deny
having
done? That, perhaps, which he must deny or else be silent,--the having
taken the money? Why should he not deny it? But the Roman knight who
defended Sopater, who was present at all his deliberations and at every
transaction, Quintus Minucius, says on his oath that the money was
paid; he says on his oath that Timarchides
said that a greater sum was being offered by the accusers. All the
Sicilians will say the same; all the citizens of Halicya will say the
same; even the young son of Sopater will say the same, who by that most
cruel man has been deprived of his innocent father and of his father's
property. [81]
But if I cannot make the case plain, as far as the money is concerned,
by evidence, can you deny this, or will you now deny, that after you
had dismissed the rest of the judges, after those excellent men who had
sat on the bench with Caius Sacerdos,
and who were used to sit there with you, had been got rid of, you by
yourself decided a matter which had been decided before?--that the man,
whom Caius Sacerdos,
assisted by a bench of colleagues, after an investigation of the case,
acquitted, you, without any bench of colleagues, without investigating
the case, condemned? When you have confessed this, which was done
openly in the forum at Syracuse,
before the eyes of the whole province; then deny, if you like, that you
received money. You will be very likely to find a man, when he sees
these things which were done openly, to ask what you did secretly; or
to doubt whether he had better believe my witnesses or your defenders. [82]
I have already said, O judges, that I shall not enumerate all that
fellow's actions which are of this sort; but that I shall select those
which are the most remarkable.
XXXIV. Listen now to another remarkable exploit of his,
one that
has already been mentioned in many places, and one of such a sort that
every possible crime seems to be comprehended in that one. Listen
carefully, for you will find that this deed had its origin in
covetousness, its growth in lust, its consummation and completeness in
cruelty. [83]
Sthenius, the man who is sitting by us, is a citizen of Thermae,
long since known to many by his eminent virtue and his illustrious
birth, and now known to all men by his own misfortune and the
unexampled injuries he has received from that man. Verres having often
enjoyed his hospitality, and having not only stayed often with him at
Thermae,
but having almost dwelt with him there, took away from him out of his
house everything which could in any uncommon degree delight the mind or
eyes of any one. In truth, Sthenius from his youth had collected such
things as these with more than ordinary diligence; elegant furniture of
brass, made at Delos and at Corinth, paintings, and even a good deal of
elegantly wrought silver, as far as the wealth of a citizen of Thermae
could afford. And these things, when he was in Asia
as a young man, he had collected diligently, as I said, not so much for
any pleasure to himself, as for ornaments against the visits of Roman
citizens, his own friends and connections, whenever he invited them. [84] But after Verres got them all,
some by begging for then, some by demanding them, and some by boldly
taking them, Sthenius
bore it as well as he could, but he was affected with unavoidable
indignation in his mind, at that fellow having rendered his house,
which had been so beautifully furnished and decorated, naked and empty;
still he told his indignation to no one. He thought he must bear the
injuries of the praetor in silence--those of his guest with calmness. [85]
Meantime that man, with that covetousness of his which was now
notorious and the common talk of every one, as he took a violent fancy
to some exceedingly beautiful and very ancient statues at Thermae
placed in the public place, began to beg of Sthenius to promise him his
countenance and to aid him in taking them away. But Sthenius not only
refused, but declared to him that it was utterly impossible that most
ancient statues, memorials of Publius Africanus, should ever be taken
away out of the town of the Thermitani, as long as that city and the
empire of the Roman people remained uninjured.
XXXV.[86] Indeed, (that you may learn at the same time
both the humanity and the justice of Publius Africanus,) the
Carthaginians had formerly taken the town of Himera, one of the first
towns in Sicily for renown and for beauty. Scipio as he thought it a
thing worthy of the Roman people, that, after the war was over, our
allies should recover their property in consequence of our victory,
took care, after Carthage had been taken, that everything which he
could manage should be restored to all the Sicilians. As Himera had
been destroyed, those citizens whom the disasters of the war had spared
had settled at Thermae,
on the border of the same district, and not far from their ancient
town. They thought that they were recovering the fortune and dignity of
their fathers, when those ornaments of their ancestors were being
placed in the town of Thermae. [87]
There were many statues of brass; among them a statue of Himera
herself, of marvellous beauty, made in the shape and dress of a woman,
after the name of the town and of the river. There was also a statue of
the poet Stesichorus, aged, stooping,--made, as men think, with the
most exceeding skill,--who was, indeed, a citizen of Himera, but who
both was and is in the highest renown and estimation over all Greece
for his genius. These things he coveted to a degree of madness. There
is also, which I had almost passed over, a certain she-goat made, as
even we who are skilled in these matters can judge, with wonderful
skill and beauty. These, and other works of art, Scipio had not thrown
away like a fool, in order that an intelligent man like Verres might
have an opportunity of carrying them away, but he had restored them to
the people of Thermae;
not that he himself had not gardens, or a suburban villa, or some place
or other where he could put them; but, if he had taken them home, they
would not long have been called Scipio's, but theirs to whom they had
come by his death. Now they are placed in such places that it seems to
me they will always seem to be Scipio's, and so they are called.
XXXVI.[88] When that fellow claimed those things, and
the subject was mooted in the senate, Sthenius resisted his claim most
earnestly, and urged many arguments, for he is among the first men in
all Sicily for fluency of speech. He said that it was more honourable
for the men of Thermae
to abandon their city than to allow the memorials of their ancestors,
the spoils of their enemies, the gifts of a most illustrious man, the
proofs of the alliance and friendship with the Roman
people, to be taken away out of their city. The minds of all were
moved. No one was found who did not agree that it was better to die.
And so Verres
found this town almost the only one in the whole world from which he
could not carry off anything of that sort belonging to the community,
either by violence, or by stealth, or by his own absolute power, or by
his interest, or by bribery. But, however, all this covetousness of his
I will expose another time; at present I must return to Sthenius. [89] Verres being furiously enraged
against Sthenius, renounces the connection of hospitality with him,
leaves his house, and departs; for, indeed, he had moved his quarters
before. The greatest enemies of Sthenius immediately invite him to
their houses, in order to inflame his mind against Sthenius by
inventing lies and accusing him. And these enemies were, Agathinus, a
man of noble birth, and Dorotheus, who had married Callidama, the
daughter of that same Agathinus, of whom Verres had heard. So he
preferred migrating to the son-in-law of Agathinus. Only one night
elapsed before he became so intimate with Dorotheus, that, as one might
say, they had everything in common. He paid as great attention to
Agathinus as if he had been some connection or relation of his own. He
appeared even to despise that statue of Himera, because the figure and
features of his hostess delighted him much more.
XXXVII.[90] Therefore he began to instigate the men to
create some danger for Sthenius,
and to invent some accusation against him. They said they had nothing
to allege against him. On this he openly declared to them, and promised
to them that they might prove whatever they pleased against Sthenius if
they only laid the information before him. So they do not delay. They
immediately bring Sthenius before him; they say that the public
documents have been tampered with by him. Sthenius
demands, that as his own fellow-citizens are prosecuting him on a
charge of tampering with the public documents, and as there is a right
of action on such a charge according to the laws of the Thermitani
since the senate and people of Rome
had restored to the Thermitani their city, and their territory and
their laws, because they had always remained faithful and friendly; and
since Publius Rupilius
had afterwards, in obedience to a degree of the senate, given laws to
the Sicilinus, acting with the advice of ten commissioners, according
to which the citizens were to use their own laws in their actions with
one another; and singe Verres himself had the same regulation contained
in his edict;--on all these accounts, I say, he claims of Verres to
refer the matter to their own laws. [91]
That man, the justest of all men, and the most remote from
covetousness, declares that he will investigate the affair himself, and
bids him come prepared to plead his cause at the eighth hour. It was
not difficult to see what that dishonest and wicked man was designing.
And, indeed, he did not himself very much disguise it, and the woman
could not hold her tongue. It was understood that his intention was,
that, after he, without any pleading taking place, and without any
witnesses being called, had condemned Sthenius,
then, infamous that he was, he should cause the man, a man of noble
birth, of mature age, and his own host, to be cruelly punished by
scourging. And as this was notorious, by the advice of his friends and
connections, Sthenius fled from there to Rome.
He preferred trusting himself to the winter and to the waves, rather
than not escape that common tempest and calamity of all the Sicilians.
XXXVIII.[92] That punctual and diligent man is ready at
the eighth hour. He orders Sthenius
to be summoned; and, when he sees that he does not appear, he begins to
burn with indignation, and to go mad with rage; to despatch officers to
his house; to send horsemen in every direction about his
farms and country houses,--and as he kept waiting there till some
certain news could be brought to him, he did not leave the court till
the third hour of the night. The next day he came down again the first
thing in the morning; he calls Agathinus, he bids him make his
statement about the public documents against Sthenius
in his absence. It was a cause of such a character, that, even though
he had no adversary in court, and a judge unfriendly to the defendant,
still he could not find anything to say. [93]
So that he confined himself to the mere statement that, when Sacerdos
was praetor, Sthenius had tampered with the public documents. He had
scarcely said this when Verres gives sentence “that Sthenius seems to
have tampered with the public documents,” and, moreover, this man so
devoted to Venus,
added this besides, with no precedent for, no example of, such an
addition, “For that action he should adjudge five hundred thousand sesterces
to Venus Erycina out of the property of Sthenius.”
And immediately he began to sell his property; and he would have sold
it, if there had been ever so little delay in paying him the money. [94]
After it was paid, he was not content with this iniquity; he gave
notice openly from the seat of justice, and from the tribunal, “That if
any one wished to accuse Sthenius in his absence of a capital charge,
he was ready to take the charge.” And immediately he began to instigate
Agathinus,
his new relation and host, to apply himself to such a cause, and to
accuse him. But he said loudly, in the hearing of every one, that he
would not do so, and that he was not so far an enemy to Sthenius
as to say that he was implicated in any capital crime. Just at this
moment a man of the name of Pacilius, a needy and worthless man,
arrives on a sudden. He says, that he is willing to accuse the man in
his absence if he may. And Verres tells him that he may, that it is a
thing often done, and that he will receive the accusation. So the
charge is made. Verres immediately issues an edict that Sthenius is to
appear at Syracuse on the first of December. [95]
He, when he had reached Rome,
and had a sufficiently prosperous voyage for so unfavourable a time of
year, and had found everything more just and gentle than the
disposition of the praetor, his own guest, related the whole matter to
his friends, and it appeared to them all cruel and scandalous, as
indeed it was.
XXXIX. Therefore Cnaeus Lentulus and Lucius Gellius
the consuls immediately propose in the senate that it be established as
a law, if it so seem good to the conscript fathers, “That men be not
proceeded against on capital charges in the provinces while they are
absent.” They relate to the senate the whole case of Sthenius, and the
cruelty and injustice of Verres. Verres,
the father of the praetor, was present in the senate, and with tears
begged all the senators to spare his son, but he had not much success.
For the inclination of the senate for the proposal of the consuls was
extreme. Therefore opinions were delivered to this effect; “that as
Sthenius
had been proceeded against in his absence, it seemed good to the senate
that no trial should take place in the case of an absent man; and if
anything had been done, it seemed good that it should not be ratified.”
[96] On
that day
nothing could be done, because it was so late, and because his father
had found men to waste the time in speaking. Afterwards the elder
Verres
goes to all the defenders and connections of Sthenius; he begs and
entreats them not to attack his son, not to be anxious about Sthenius;
he assures them that he will take care that he suffers no injury by
means of his son; that with that object he will send trustworthy men
into Sicily both by sea and land. And it wanted now about thirty days
of the first of December, on which day he had ordered Sthenius to
appear at Syracuse. [97] The
friends of Sthenius
are moved; they hope that by the letters and messengers of the father
the Bon may be called off from his insane attempt. The cause is not
agitated any more in the senate. Family messengers come to Verres,
and bring him letters from his father before the first of December,
before any steps whatever had been taken by him in Sthenius's affair;
and at the same time many letters about the same business are brought
to him from many of his friends and intimates.
XL. On this he, who had never any regard either for his
duty or
his danger, or for affection, or for humanity, when put in competition
with his covetousness, did not think, as far as he was advised, that
the authority of his father, nor, as far as he was entreated, that his
inclination was to be preferred to the gratification of his own evil
passions. On the morning of the first of December, according to his
edict, he orders Sthenius to be summoned. [98]
If your father, at the request of any friend, whether influenced by
kindness or wishing to curry favour with him, had made that petition to
you, still the inclination of your father ought to have had the
greatest weight with you; but when he begged it of you for the sake of
your own safety from a capital charge, and when he had sent trustworthy
men from home, and when they had come to you at a time when the whole
affair was still intact, could not even then a regard, if not for
affection, at least for your own safety, bring you back to duty and to
common sense? He summons the defendant. He does not answer. He summons
the accuser. (Mark, I pray you, O judges; see how greatly fortune
herself opposed that man's insanity, and see at the same time what
chance aided the cause of Sthenius;) the accuser, Marcus Pacilius,
being summoned, (I know not how it came about,) did not answer, did not
appear. [99] If Sthenius had been
accused while present, if he had been detected in a manifest crime,
still, as his accuser did not appear, Sthenius
ought not to have been condemned. In truth, if a defendant could be
condemned though his accuser did not appear, I should not have come
from Vibo to Velia
in a little boat through the weapons of fugitive slaves, and pirates,
and through yours, at a time when all that haste of mine at the peril
of my life was to prevent your being taken out of the list of
defendants if I did not appear on the appointed day. If then in this
trial of yours that was the most desirable thing by you,--namely, for
me not to appear when I was summoned, why did you not think that it
ought also to serve Sthenius
that his accuser had not appeared? He so managed the matter that the
end entirely corresponded to the beginning; the same man against whom
he had received an accusation while he was absent, he condemns now when
the accuser is absent.
XLI.[100] At the very outset news was brought to him
that the
matter had been agitated in the senate, (which his father also had
written him word of at great length,) that also in the public assembly
Marcus Palicanus, a tribune of the people, had made a complaint to
their of the treatment of Sthenius; lastly, that I myself had pleaded
the cause of Sthenius before this college of the tribunes of the
people, as by their edict no one was allowed to remain in Rome who had
been condemned on a capital
charge; and that when I had explained the business as I have now done
to you, and had proved that this had no right to be considered a
condemnation, the tribunes of the people passed this resolution, and
that it was unanimously decreed by them, “That Sthenius did not appear
to be prohibited by their edict from remaining in Rome.”
[101] When this news was brought to him, he for a
while was alarmed and agitated; he turned the blunt end of his pen on
to his tablets, and by so doing he overturned the whole of his
cause. For he left himself nothing which could be defended by any means
whatever. For if he were to urge in his defence, “It is lawful to take
a charge against an absent man, no law forbids this being done in a
province,” he would seem to be putting forth a faulty and worthless
defence, but still it would be some sort of a defence. Lastly, he might
employ that most desperate refuge, of saying, that he had acted
ignorantly; that he had thought that it was lawful. And although this
is the worst defence of all, still he would seem to have said
something. He erases that from his tablets which he had put down, and
enters “that the charge was brought against Sthenius while he was
present.”
XLII.[102] Here consider in how many toils he involved
himself;
from which he could never disentangle himself. In the first place, he
had often and openly declared himself in Sicily
from his tribunal, and had asserted to many people in private
conversation, that it was lawful to take a charge against an absent
man; that he, for example, had done so himself--which he had. That he
was in the habit of constantly saying this, was stated at the former
pleading by Sextus Pompeius Chlorus, a man of whose virtue I have
before spoken highly; and by Cnaeus Pompeius Theodorus, a man approved
of by the judgment of that most illustrious man Cnaeus Pompeius in many
most important affairs, and, by universal consent, a most accomplished
person; and by Posides Matro of Solentum,
a man of the highest rank, of the greatest reputation and virtue. And
as many as you please will tell you the same thing at this present
trial, both men who have heard it from his own mouth,--some of the
leading men of our order,--and others too who were present when the
accusation was taken against Sthenius in his absence. Moreover at Rome,
when the matter was discussed in the senate, all his friends, and among
them his own father, defended him on the ground of its being lawful so
to act;--of its having been done constantly;--of his having done what
he had done according to the example and established precedent of
others. [103] Besides, all Sicily
gives evidence of the fact which in the common petitions of all the
states has prescribed this request to the consuls, “to beg and entreat
of the conscript fathers, not to allow charges to be received against
the absent.” Concerning which matter you heard Cnaeus Lentulus, the
advocate of Sicily,
and a most admirable young man, say, that the Sicilians, when they were
instructing him in their case, and pointing out to him what matters
were to be urged in their behalf before the senate, complained much of
this misfortune of Sthenius, and on account of this injustice which had
been done to Sthenius, resolved to make this demand which I have
mentioned. [104]
And as this is the ease, were you endued with such insanity and
audacity, as, in a matter so clear, so thoroughly proved,--made so
notorious even by you yourself, to dare to corrupt the public records?
But how did you corrupt them? Did you not do it in such a way that,
even if we all kept silence, still your own handwriting would be
sufficient to condemn you? Give me, it you please, the document. Take
it round to the judges; show it to them. Do you not see that the whole
of this entry, where he states that the charge was made against
Sthenius
in his presence, is a correction? What was written there before? What
blunder did he correct when he made that erasure? Why, O judges, do you
wait for proofs of this charge from us? We say nothing; the books are
before you, which cry out themselves that they have been tampered with
and amended. [105] Do you think you
can
possibly escape out of this business, when we are following you up, not
by any uncertain opinion, but by your own traces, which you have left
deeply printed and fresh in the public documents? Has he decided, (I
should like to know,) without hearing the cause, that Sthenius
has tampered with the public documents, who cannot possibly defend
himself from the charge of having tampered with the public documents in
the case of that very Sthenius?
XLIII.[106] See now another instance of madness; see
how, in
trying to acquit himself; he entangles himself still more. He assigns
an advocate to Sthenius.--Whom? Any relation or intimate friend?
No.--Any citizen, any honourable and noble man of Florence?
Not even that.--At least it was some Sicilian, in whom there was some
credit and dignity? Far from it.--Whom then did he assign to him? A
Roman citizen. Who can approve of this? When Sthenius
was the man of the highest rank in his city, a man of most extensive
connections, with numberless friends; when, besides, he was of the
greatest influence all over Sicily,
by his own personal character and popularity; could he find no Sicilian
who was willing to be appointed his advocate? Will you approve of this?
Did he himself prefer a Roman citizen? Tell me what Sicilian, when he
was defendant in any action, ever had a Roman citizen assigned to him
as his advocate? Produce the records of all the praetors who preceded
Verres;
open them. If you find one such instance, I will then admit to you that
this was done as you have entered it in your public documents. [107] Oh but, I suppose, Sthenius
thought it honourable to himself for Verres to choose a man for his
advocate out of the number of Roman citizens who were his own friends
and connections! Whom did he choose? Whose name is written in the
records? Caius Claudius, the son of Caius, of the Palatine tribe. I do
not ask who this Claudius
is; how illustrious, how honourable, how well suited to the business,
and deserving that, because of his influence and dignity, Sthenius
should abandon the custom of all the Sicilians, and have a Roman
citizen for his advocate. I do not ask any of these questions;--for
perhaps Sthenius
was influenced not by the high position of the man, but by his intimacy
with him.--What? What shall we say if there was in the whole world a
greater enemy to Sthenius than this very Caius Claudius,
both constantly in old times, and especially at this time and in this
affair?--if he appeared against him on the charge of tampering with the
public documents?--if he opposed him by every means in his power? Which
shall we believe,--that an enemy of Sthenius was actually appointed his
advocate, or that you, at a time of the greatest danger to Sthenius,
made free with the name of his enemy, to ensure his ruin?
XLIV.[108] And that no one may have any doubt as to the
real
nature of the whole transaction, although I feel sure that by this time
that man's rascality is pretty evident to you all, still listen yet a
little longer. Do you see that man with curly hair, of a dark
complexion, who is looking at us with such a countenance as shows that
he seems to himself a very clever fellow? him, I mean, who has the
papers in his hand--who is writing--who is prompting him--who is next
to him. That is Caius Claudius, who in Sicily was considered Verres's
agent and interpreter, the manager of all his dirty work, a sort of
colleague to Timarchides. Now he is promoted so high that he scarcely
seems to yield to Apronius in intimacy with him; indeed he called
himself the colleague and ally not of Timarchides, but of Verres
himself. [109]
Now doubt, if you can, that he chose that man of all the world to
impose the worthless character of a false advocate on, whom he knew to
be most hostile to Sthenius,
and most friendly to himself. And will you hesitate in this case, O
judges, to punish such enormous audacity and cruelty and injustice as
that of this man? Will you hesitate to follow the example of those
judges, who, when they had condemned Cnaeus Dolabella, rescinded the
condemnation of Philodamus
of Opus, because a charge had been received against him not in his
absence, which is of all things the most unjust and the most
intolerable, but after a commission had been given him by his
fellow-citizens to proceed to Rome
as their ambassador? That precedent which the judges, in obedience to
the principles of equity, established in a less important cause, will
you hesitate to adopt in a cause of the greatest consequence,
especially now that it has been established by the authority of others?
XLV.[110] But who was it, O Verres,
whom you treated with such great, with such unexampled injustice?
Against whom did you receive a charge in his absence? Whom did you
condemn in his absence; not only without any crime, and without any
witness, but even without any accuser? Who was it? O ye immortal gods!
I will not say your own friend,--that which is the dearest title among
men. I will not say your host,--which is the most holy name. There is
nothing in Sthenius's case which I speak of less willingly. The only
thing which I find it possible to blame him in is,--that he, a most
moderate and upright man, invited you, a man full of adultery, and
crime, and wickedness, to his house; that he, who had been and was
connected by ties of hospitality with Caius Marius, with Cnaeus
Pompeius,
with Caius Marcellus, with Lucius Sisenna, your defender, and with
other excellent citizens, added your name also to that of those
unimpeachable men. [111]
On which account I make no complaint of violated hospitality, and of
your abominable wickedness in violating it; I say this not to those who
know Sthenius,--that is to say, not to any one of those who have been
in Sicily;
(for no one who has is ignorant in how great authority he lived in his
own city, in what great honour and consideration among all the
Sicilians;) but I say it that those, too, who have not been in the
province, may be able to understand who he was in whose case you
established such a precedent, that both on account of the iniquity of
the deed, as well as on account of the rank of the man, it appeared
scandalous and intolerable to every one.
XLVI.[112] Is not Sthenius
the man, he who when he had very easily obtained all the honourable
offices in his city, executed them with the greatest splendor, and
magnificence?--who decorated a town, not itself of the first rank, with
most spacious places of public resort, and most splendid monuments, at
his own expense?--on account of whose good services towards the state
of Thermae, and towards all the Sicilians, a brazen tablet was set up
in the senate-house at Thermae;
in which mention was made of his services, and engraved at the public
expense?--which tablet was torn down under your government, and is now
brought hither by me, that all may know the honour in which he was held
among his countrymen, and his preeminent dignity.
[113] Is this the man, who when he was accused
before that most illustrious man, Cnaeus Pompeius,
and when his enemies and accusers charged him, in terms calculated to
excite odium against him, rather than true, of having been ill affected
to the republic on account of his intimacy and his connections of
hospitality with Caius Marius, was acquitted by Cnaeus Pompeius with
such language as showed that, from what had come out at that very
trial, Cnaeus Pompeius judged him most worthy of his own intimacy? and
moreover was defended and extolled by all the Sicilians in such a
manner, that Pompeius
thought that by his acquittal he had earned, not only the gratitude of
the man himself, but that of the whole province? Lastly, is not he the
man who had such affection towards the republic, and also such great
authority among his fellow-citizens, that he alone in all Sicily, while
you were praetor, did what not only no other Sicilian, but what all
Sicily
even could not do,--namely, prevented you from taking away any statue,
any ornament, any sacred vessel, or any public property from Thermae;
and that too when there were many remarkable beautiful things there,
and though you coveted everything? [114]
See now, what a difference there is between you, in whose name days of
festival are kept among the Sicilians, and those splendid Verrean
games, are celebrated; to whom gilt statues are erected at Rome,
presented by the commonwealth of Sicily,
as we see inscribed upon them;--see, I say, what a difference there is
between you and this Sicilian, who was condemned by you, the patron of
Sicily. Him very many cities of Sicily
praise by public resolutions in his favour, by their own evidence, by
deputations went hither with that object. You, the patron of all the
Sicilians, the solitary state of the Mamertini,
the partner of your thefts and crimes, praises publicly; and yet in
such a way that, by a new process, the deputies themselves injure your
cause, though the deputation praises you. These other states all
publicly accuse you, complain of you, impeach you by letters, by
deputations, by evidence; and, if you are acquitted, think themselves
utterly ruined.
XLVII.[115] It is in the case of this man and of his
property that you have erected a monument of your crimes and cruelty
even on Mount Eryx itself; on which is inscribed the name Sthenius of
Thermae. I saw a Cupid made of silver, with a torch. What object had
you,--what reason was there for employing the plunder of Sthenius
on that subject rather than on any other? Did you wish it to be a token
of your own cupidity, or a trophy of your friendship and connection of
hospitality with him, or a proof of your love towards him? Men, who in
their excelling wickedness are pleased not only with their lust and
pleasure itself, but also with the fame of their wickedness, do wish to
leave in many places the marks and traces of their crimes. [116]
He was burning with love of that hostess for whose sake he had violated
the laws of hospitality. He wished that not only to be known, but also
to be recorded for ever. And therefore, out of the proceeds of that
very action which he had performed, Agathinus being the accuser, he
thought that a reward was especially due to Venus,
who had caused the prosecution and the whole proceeding. I should think
you grateful to the Gods if you had given this gift to Venus, not out
of the property of Sthenius, but out of your own, as you ought to have
done, especially as an inheritance had come to you from Chelidon that
very same year. [117]
On these grounds now, even if I had not undertaken this cause at the
request of all the Sicilians; if the whole province had not requested
this favour of me; if my affection and love for the republic, and the
injury done to the credit of our order and of the courts of justice,
had not compelled me to do so; and if this had been my only reason,
that you had so cruelly, and wickedly, and abominably treated my friend
and connection Sthenius,
to whom I had formed an extraordinary attachment in my quaestorship, of
whom I had the highest possible opinion, whom while I was in the
province I knew to be most zealous and earnest for my reputation,--I
should still think I had plenty of reason to incur the enmity of a most
worthless man, in order to defend the safety and fortunes of my friend.
[118] Many men have done the
same in the times of our ancestors. Lately, too, that most eminent man
Cnaeus Domitius did so, who accused Marcus Silanus,
a man of consular rank, on account of the injuries done by him to
Egritomarus of the Transalpine country, his friend. I should think it
became me to follow the example of their good feeling and regard for
their duty; and I should hold out hope to my friends and connections to
think that they would live a safer life owing to my protection. But
when the cause of Sthenius
draws along with it the common calamity of the whole province, and when
many of my friends and connections are being defended by me at the same
time, both in their public and private interests, I ought not in truth
to fear that any one can suppose that I have done what I have in
undertaking this cause under the pressure and compulsion of any motive
except that of the strictest duty.
119] You have heard Quintus Varius say, that his agents
paid that man a hundred and thirty thousand sesterces
for a decision in his cause. You recollect that the evidence of Quintus
Varius was corroborated, and that this whole affair was proved by the
testimony of Caius Sacerdos, a most excellent man. You know that Cnaeus
Sertius and Marcus Modius, Roman knights, and that six hundred Roman
citizens besides, and many Sicilians, said that they had given that
money for decisions in their causes. And why need I dilate upon this
accusation when the whole matter is set plainly forth in the evidence?
Why should I argue about what no one can doubt? Or will any man in the
world doubt that he set up his judicial decisions for sale in Sicily,
when at Rome
he sold his very edict and all his decrees? and that he received money
from the Sicilians in issuing extraordinary decrees, when he actually
made a demand on Marcus Octavius Ligur for giving a decision on his
cause? [120]
For what method of extorting money did he ever omit? What method did he
fail to devise, even if it had escaped the notice of every one else?
Was anything in the Sicilian states ever sought to be obtained in which
there is any honour, any power, or any authority, that you did not make
it a source of your own gain, and sell it to the best bidder?
XLIX. At the former pleading evidence was given of both
a public and a private nature; deputies from Centuripa, from Halesa,
from Catina, and from Panormus,
and from many other cities gave evidence; but now, also, a great many
private individuals have been examined, by whose testimony you have
ascertained that no one in all Sicily
for the space of three years was ever made senator in any city for
nothing,--no one by vote, as their laws prescribe,--no one except by
his command, or by his letters; and that in the appointment of all
these senators, not only were no votes given, but there was not even
any consideration of those families from which it was lawful to select
men for that body, nor of their income, nor of their age; nor were any
other of the Sicilian laws of the slightest influence. [121]
Whoever wished to be made a senator, though he was a boy, though he was
unworthy, though he was of a class from which it was not lawful to take
senators; still, if he paid money enough to appear in his eyes a fit
man to gain his object, so it always was. Not only the laws of the
Sicilians had no influence in this matter, but even those which had
been given to them by the senate and people of Rome had none either.
For the laws which he makes who has the supreme command given to him by
the Roman people, and authority to make laws conferred on him by the
senate, ought to be considered the laws of the senate and people of
Rome. [122] The citizens of Halesa,
who were till lately in the enjoyment of their own laws, in return for
the numerous and great services and good deeds done both by themselves
and by their ancestors to our republic, lately in the consulship of
Lucius Licinius and Quintus
Mucius, requested laws from our senate, as they had disputes among
themselves about the elections into their senate. The senate, by a very
honourable decree, voted that Caius Claudius Pulcher, the son of Appius
the praetor, should give them laws to regulate their elections into
their senate. Caius Claudius, taking as his counselors all the Marcelli
who were then alive, with their advice gave laws to the men of Halesa
in which he laid down many rules about the age of the men who might be
elected; that no one might be under thirty years of age; about
trade,--that no one engaged in it might be elected; about their income,
and about all other matters; all which regulations prevailed till that
man became praetor by the authority of our magistrates, and with the
cordial good-will of the men of Halesa.
But from him even a crier who was desirous of it, bought that rank for
a sum of money, and boys sixteen and seventeen years old purchased the
title of senator; and that which the men of Halesa, our most ancient
and faithful allies and friends, had petitioned, and that successfully,
at Rome,
to have put on such a footing that it might not be lawful for men to be
elected even by vote, he now made easy to be obtained by bribery.
L.[123] The people of Agrigentum have old laws about
appointing their senate, given them by Scipio, in which the same
principles are laid down, and this one besides,--as there are two
classes of Agrigentines, one of the old inhabitants, and the other of
the new,--settlers whom Titus Manlius, when praetor, had led from other
towns of the Sicilians to Agrigentum, in obedience to a resolution of
the senate;--it was provided in the laws of Scipio,
that there should not be a greater number of members of the senate
taken from the class of settlers than from the old inhabitants of
Agrigentum.
That man, who had levelled all laws by bribery, and who had taken away
all distinction between things for money, not only disturbed all those
regulations which related to age, rank, and traffic, but even with
respect to these two classes of old and new inhabitants, he disturbed
the proportion of their selection. [124]
For when a senator died of the old inhabitants, and when the remaining
number of each class was equal, it was necessary, according to the
laws, that one of the original inhabitants should be elected in order
that there might be the larger number. And though this was the case,
still, not only some of the original inhabitants, but also some of the
new settlers, came to him to purchase the rank of senator. The result
is, that through bribery, one of the new men carries the day, and gets
letters of appointment from the praetor. The Agrigentines
send deputies to him to inform him of their laws, and to explain to him
the invariable usage of past years, in order that he might be aware
that he had sold that rank to one with whom he had no right even to
treat on the subject. By whose speech, as he had already received the
money, he was not in the least influenced. [125]
He did the same thing at Heraclea. For thither also Publius Rupilius
led settlers and gave them similar laws about the appointment of the
senate, and about the number of the old and new senators. There he did
not only receive money, as he did in the other cities, but he even
confused the class of the original inhabitants and of the new settlers.
LI. Do not wait for me to go through all the cities of
Sicily
in my speech. In this one statement I comprehend everything,--that no
one could be made a senator while he was praetor except those who had
given him money. [126]
And I carry on the same charge to all magistracies, agencies, and
priesthoods; by which acts he has not only trampled on the laws of men,
but on all the religious reverence due to the immortal gods. There is
at Syracuse a law respecting their religion, which enjoins a priest of
Jupiter to be taken by lot every year; and that priesthood is
considered among the Syracusans as the most honourable.
[127]
When three men have been selected by vote out of the three classes of
citizens, the matter is decided by lot. He by his absolute command had
contrived to have his intimate friend Theomnastus
returned among the three by vote. When it came to the decision by lot,
which he could not command, men were waiting to see what he would do.
The fellow at first forbade them to elect by lot, as that seemed the
easiest way, and ordered Theomnastus to be appointed without casting
lots. The Syracusans
say that cannot possibly be done, according to the reverence due to
their sacred laws; they say it would be impious. He orders the law to
be read to him. It is read. In it was written, “that as many lots were
to be thrown into the urn as there were names returned; that he whose
name was drawn was to have the priesthood.”
He then, ingenious and clever man! said, “Capital! it is written, ‘As
many lots as there are names returned;’ how many names then were
returned?” It is answered, “Three.” “Is there then anything necessary
except that three lots should be put in, and one drawn out?” “Nothing.”
He orders three lots to be put in, on all of which was written the name
of Theomnastus.
A great outcry arises as it seemed to every one a scandalous and
infamous proceeding. And so by these means that most honourable
priesthood is given to Theomnastus.
LII.[128] At Cephalaedium there is a regular month, in
which the
pontifex is bound to be appointed. A man of the name of Artemo,
surnamed Climachias, was desirous of that honour a man of sufficient
riches to be sure, and of noble family; but he could not possibly have
been appointed if a man of the name of Herodotus
had been present. For that place and rank was thought to be so
decidedly due to him for that year, that even Climachias could say
nothing against him. The matter is referred to Verres, and is decided
according to his usual fashion. Some beautiful and valuable specimens
of carving are removed from Artemo's. Herodotus was at Rome; he thought
that he should arrive in time enough for the comitia if he came the day
before. Verres,
in order that the comitia might not be held in any other month than the
regular one, and that the honour might not be refused to Herodotus
when he was present, (a thing which he was not anxious for, and which
Climachias was very eager to avoid,) contrives, (I have said before,
there is no one cleverer, and never was, in his way,)--he contrives, I
say, how the comitia may be held in the regular month for them, and yet
Herodotus may not be able to be present. [129]
It is a custom of the Sicilians, and of the rest of the Greeks,
because they wish their days and months to agree with the calculations
as to the sun and moon, if there be any difference sometimes to take
out a day, or, at most, two days from a month, which they call
exairesimoi.
And so also they sometimes make a month longer by a day or by two days.
And when he heard of that, he, this new astronomer, who was thinking
not so much of the heavens as of the heavy plate, he orders (not a day
to be taken out of the month, but) a month and a
half to be taken out of the year; so that the day which, as one may
say, ought to have been the thirteenth of January,
became the first of March. And that is done in spite of the
remonstrances and indignation of every one. That was the legitimate day
for holding the comitia. On that day Climachias is declared to have
been elected priest. [130] When
Herodotus returns from Rome,
fifteen days, as he supposed, before the comitia, he comes on the month
of the comitia, when the comitia have been held thirty days before.
Then the people of Cephalaedium voted an intercalary month of
forty-five days, in order that the rest of the months might fall again
into their proper season. If these things could be done at Rome,
no doubt he would somehow or other have contrived to have the
forty-five days between the two sets of games taken away, during which
days alone this trial could take place.
LIII.[131] But now it is worth while to see how the
censors were appointed in Sicily
while that man was praetor. For that is the magistracy among the
Sicilians, the appointments to which are made by the people with the
greatest care, because all the Sicilians pay a yearly tax in proportion
to their incomes; and, in making the census, the power is entrusted to
the censor of making every sort of valuation, and of determining the
total amount of every man's contribution. Therefore the people choose
with the greatest care the man in whom they can place the greatest
confidence in a matter affecting their own property; and on account of
the greatness of the power, this magistracy is an object of the
greatest ambition. [132] In such a
matter, Verres
did not choose to do any thing obscurely, nor to play tricks in the
drawing of lots, nor to take days out of the calendar. He did not
choose to do anything in an underhand manner, or by means of artifice;
but in order to take away the fondness and desire for honours and
ambition out of every city, feelings which usually tend to the ruin of
a state, he declared that he should appoint the censors in every city. [133] When the praetor announced so
vast a scene of bargaining and trafficking as that, people came to
Syracuse
to see him, from all quarters. The whole of the praetor's house was on
fire with the eagerness and cupidity of men; and no wonder, when all
the comitia of so many cities were packed together into one house, and
when all the ambition of an entire province was confined in one
chamber. Bribes being openly asked for, and biddings being openly made,
Timarchides
appointed two censors for every city. He, by his own labour, and by his
own visits to every one, by all the trouble which he took in this
employment, achieved this, that all the money came to Verres without
his having any anxiety on his part. How much money this Timarchides
made, you cannot as yet know; for a certainty; but in what a variety of
manners, and how shamefully, he plundered people, you heard at the
former pleading, by the evidence of many witnesses.
LIV.[134] But that you may not wonder how that freedman
obtained
so much influence with him, I will tell you briefly what the man is; so
that you may both see the worthlessness of the man who kept such a
fellow about him, especially in that employment and position, and that
you may also see the misery of the province. In the seduction of women,
and in all licentiousness and wickedness of that character, I found
this Timarchides
wonderfully fitted by nature to be subservient to his infamous lusts,
and unexampled profligacy. In finding out who people were, in calling
on them, in addressing them, in bribing them, in doing anything in
matters of that sort, however cunningly, however audaciously, however
shamelessly it might be necessary to go to work, I heard that this man
could contrive admirable schemes for ensuring success. For, as for
Verres
himself, he was only a man of a covetousness ever open-mouthed, and
ever threatening, but he had no ingenuity, no resources; so that, in
whatever he did of his own accord, (just as you know was the case with
him at Rome,) he seemed to rob openly rather than to cheat. [135]
But the other fellow's skill and artifice were marvellous, so that he
could hunt out and scent out with the greatest acuteness, all over the
province, whatever had happened to any one, whatever any one stood in
need of. He was able to find out, to converse with, to tamper with
every one's foes, and every one's enemies; to know the circumstances of
every trial on both sides; to ascertain men's inclinations, and power,
and resources; where it was necessary to strike terror; where it was
desirable to hold out hope. Every accuser, every informer, he had in
his power, if he wished to cause trouble to any one, he did it without
any difficulty. All Verres's decrees, and commands, and letters, he
sold in the most skillful and cunning manner. [136]
And he was not only the minister of Verres's pleasures, he also took
equally good care of himself. He not only picked up whatever money had
slipped through his principal's fingers, by which he amassed great
riches, but he also picked up the relics of his pleasures and of his
profligacy. Therefore do not fancy that Athenio reigned in Sicily, for
he took no city; but know ye that the runaway slave Timarchides reigned
in every city of Sicily
for three years; that the children, the matrons, the property, and all
the fortunes of the most ancient and most devoted allies of the Roman
people were all that time in the power of Timarchides. He therefore, as
I say, he, Timarchides, sent censors into every city, having taken
bribes for their appointment. Comitia for the election of censors,
while Verres was praetor, were never held not even for the purpose of
making a presence of legality.
LV.[137] This was the most shameless business of all.
Three
hundred denarii were openly exacted (for this, forsooth, was permitted
by the laws) from each censor, to be paid down for the praetors statue.
There were appointed a hundred and thirty censors. They gave one sum of
money for the censorship contrary to the law; these thirty-nine
thousand denarii they openly paid down for the statue, in compliance
with the laws. First of all, what was all that money for? Secondly, why
did the censors pay it to you for your statue? I suppose there is a
regular order of censors, a college of them. They are a distinct class
of men! Why, it is either cities in their capacity of communities, that
confer these honours, or men according to their classes, as
cultivators, as merchants, as shipowners. But why to censors rather
than to aediles? Is it for any service that they have done? Therefore,
will you confess that these things were begged of you,--for you will
not dare to say they were purchased of you;--that you granted those
magistracies to men out of favour, and not with a new to the interests
of the republic? And when you confess this, will any one doubt that you
incurred that unpopularity held hatred among the different tribes of
that province, not out of ambition, nor for the sake of doing a
kindness to any one, but with the object of procuring money? [138]
Therefore those censors did the same thing that those do in our
republic, who have got offices by bribery; they took care to use their
power so as to fill up again that gap in their property. The census was
so taken, when you were praetor, that the affairs of no state whatever
could be administered according to such a census. For they made a low
return of the incomes of all the richest men, and exaggerated that of
each poor man. And so in levying the taxes so heavy a burden was laid
upon the common people, that even if the men themselves said nothing,
the facts alone would discredit that census, as may easily be
understood from the circumstances themselves.
LVI. For Lucius Metellus who, after I came into Sicily
for the sake of prosecuting my injuries, became on a sudden after the
arrival of Letilius not only the friend of Verres,
but even his relative; because he saw that that census could not
possibly stand, ordered that former one to be attended to which had
been when that most gallant and upright man, Sextus Peducaeus,
was praetor. For at that time there were censors made according to the
laws, elected by their cities, in whose case, if they did anything
wrong, punishments were appointed by the law. [139]
But when you were praetor, how could the censor either fear the law, by
which he was not bound, since he had not been created by the law; or
fear your reproof for having sold what he had bought of you? Let
Metellus
now detain my witnesses--let him compel others to praise him, as he has
attempted in many instances; only let him do what he is doing. For
whoever was treated by any one with such insult, with so much ignominy?
Every fifth year a census is taken of all Sicily. A census was taken
when Peducaeus was praetor. When the five years had elapsed in your
praetorship, a census was taken again. The next year Lucius Metellus
forbids any mention to be made of your census; he says that censors
must be created afresh; and in the meantime he orders the census of
Peducaeus
to be attended to. If an enemy of yours had done this to you, although
the province would have borne it with great equanimity, still it would
have seemed the severe decision of an enemy. A new friend, a voluntary
relation did it. For he could not do otherwise, if he wished to retain
the province in its allegiance, if he wished to live himself in safety
in the province.
LVII.[140] Are you waiting to see what these men also
will
decide? If he had deprived you of your office, he would have treated
you with less insult, than when he abrogated and annulled the things
which you had done in your office. Nor did he behave in this way in
that matter alone, but he had done the same in many other matters of
the greatest importance, before I arrived in Sicily. For he ordered
your friends, the palaestra people, to restore his property to
Heraclius
the Syracusan, and the people of Bidis to restore his property to
Epicrates, and Appius Claudius his to his ward at Drepanum; and, if
Letilius had not arrived in Sicily with letters a little too soon, in
less than thirty days Metellus would have annulled your whole three
years' praetorship.
[141] And, since I have spoken of that money which the
censors paid to you for your statue, it seems to me that I ought not to
pass over that method of raising money, which you exacted from the
cities on presence of erecting statues. For I see that the sum total of
that money is very large, amounting to a hundred and twenty thousand sesterces.
This much is proved by the evidence and letters of the cities. And he
admits that, and indeed he cannot say otherwise. What sort of conduct
then are we to think that which he denies, when these actions which he
confesses are so infamous? For what do you wish to be believed? That
all that money was spent in statues?--Suppose it was. Still this is by
no means to be endured, that the allies should be robbed of so much
money, in order that statues of a most infamous robber may be placed in
every alley, where it appears scarcely possible to pass in safety.
LVIII.[142] But where in the world, or on what statues,
was that
enormous sum of money spent? It will be spent, you will say. Let us,
forsooth, wait for the recurrence of that regular five years. If in
this interval he has not spent it then at last we will impeach him for
embezzlement in the article of statues. He is brought before the court
as a criminal on many most important charges. We see that a hundred and
twenty thousand sesterces have been taken on this one
account. If you are condemned, you will not, I presume, trouble
yourself about having that money spent on statues within five years. If
you are acquitted, who will be so insane as to attack you in five
years' time on the subject of the statues, after you have escaped from
so many and such grave charges? If, therefore, this money has not been
spent as yet, and if it is evident that it will not be spent, we may
understand that a plan has been found out by which he may take and
appropriate to himself a hundred and twenty thousand sesterces
at one swoop, and by which others too, if this is sanctioned by you,
may take as large sums as ever they please on similar grounds; so that
we shall appear not to deter men from taking money, but, as we approve
of some methods of taking money, we shall seem rather to be giving
decent names to the basest actions. [143]
In truth, suppose, for example, that Caius Verres had demanded a
hundred and twenty thousand sesterces from the people of
Centuripa,
and had taken this money from them; there would have been no doubt, I
conceive, that, if that were proved, he must have been condemned.--What
then? Suppose he demanded three hundred thousand sesterces
of the same people; and compelled them to give them, and carried them
off? Shall he be acquitted because it was entered in the accounts that
that money was given for statues? I think not; unless, indeed, our
object is to create, not an unwillingness to take money on the part of
our magistrates, but a cause for giving it on the part of our allies.
But if statues are a great delight to any one, and if any one is
greatly attracted by the honour and glory of having them raised to him,
still he must lay down these rules; first of all, that he must not take
to his own house the money given for those purposes; secondly, that
there must be some limit to those statues; and lastly, that at all
events they must not be exacted from unwilling people.
LIX.[144] And concerning the embezzlement of the money,
I ask of
you whether the cities themselves were accustomed to let out contracts
for erecting statues to the man who would take the contract on the best
terms, or to appoint some surveyor to superintend the erection of the
statues, or to pay the money to you, or to any one whom you appointed?
For the statues were erected under the superintendence of those men by
whom that honour was paid to you--I am glad to hear it; but, if that
money was paid to Timarchides,
cease I beg of you, to pretend that you were desirous of glory and of
monuments when you are detected is so evident a robbery. What then? Is
there to be no limit to statues? But there must be. Indeed, consider
the matter in this way. [145] The
city of Syracuse
(to speak of that city in preference to others) gave him a statue;--it
is an honour: and gave his father one;--a pretty and profitable picture
of affection: and gave his son one;--this may be endured, for they did
not hate the boy: still how often, and for how many individuals will
you take statues from the Syracusans?
You accepted one to be placed in the forum. You compelled them to place
one in the senate-house. You ordered them to contribute money for those
statues which were to be erected at Rome.
You ordered that the same men should also contribute as agriculturists,
they did so. You ordered the same men also to pay their contribution to
the common revenue of Sicily;
even that they did also. When one city contributed money on so many
different presences, and when the other cities did the same, does not
the fact itself warn you to think that some bounds must be put to this
covetousness? But if no city did this of its own accord; if all of them
only paid you this money for statues because they were induced to do so
by your command, by fear, by force, by injury; then, O ye immortal
gods, can it be doubtful to any one, that, even if any one were to
establish a law, that it was allowable to accept money for statues,
still he would also establish one, that at all events it was not
allowable to extort it? [146]
First, therefore, I will cite the whole of Sicily as a witness on this
point; and Sicily
declares to me with one voice that an immense sum of money was extorted
from her by force under the name of providing statues. For the
deputations of all the cities, in their common petitions--nearly all of
which have arisen from your injuries,--have inserted this demand also;
“that they might not for the future promise statues to any one till he
had left the province.”
LX. There have been many praetors in Sicily.
Often, in the times of our ancestors, the Sicilians have approached the
senate; often in the memory of the present generation; but it is your
praetorship that has introduced and originated a new kind of petition. [147]
For what else is so strange, not only in the matter but in the very
form of the petition? For other points which occur in the same
petitions with reference to your injuries, are indeed novel, but still
they are not urged in a novel manner. The Sicilians beg and entreat of
the conscript fathers that our magistrates may henceforth sell the
tenths according to the law of Hiero.
You were the first who had sold them in a way contrary to that
law.--That they may not put a money value on the corn which is ordered
for the public granary. This, too, is now requested for the first time
on account of your three denarii: but that kind of petition is not
unprecedented.--That a charge be not
taken against any one in his absence. This has arisen from the
misfortune of Sthenius,
and your tyranny.--I will not enumerate the other points. All the
demands of the Sicilians are of such a nature that they look like
charges collected against you alone as a criminal. Still all these,
though they refer to new injuries, preserve the ordinary form of
requests. [148] But this request
about
the statues must seem ridiculous to the man who is not acquainted with
the facts and with the meaning of it; for they entreat that they may
not be compelled to erect statues;--what then? That they may not be
allowed to do so;--what does this mean? Do you request of me not to be
allowed to do what it depends on yourself to do or not? Ask rather that
no one may compel you to promise a statue, or to erect one against your
will. I shall do no good, says he; for they will all deny that they
compelled me to do so: if you wish for my preservation, put this
violence on me,--that it may be utterly illegal for me to make such a
promise. It is from your praetorship that such a request as this has
taken its rise; and those who employ it, intimate and openly declare
that they, entirely against their will, contributed money for your
statues, being compelled by fear and violence. [149]
Even suppose they did not say this, still, would it not be impossible
for you to avoid confessing it? See and consider what defence you are
going to adopt; for then you will understand that you must confess this
about the statues.
LXI. For I am informed that your cause is planned out
in this
way by your advocates, men of great ingenuity, and that you are
instructed and trained by them in this way; that, as each influential
and honourable man from the province of Sicily
gives an energetic testimony against you, as many of the lending
Sicilians have already done to a great extent, you are immediately to
say to your defenders, “That man is an enemy of mine because he is an
agriculturist. And so, I suppose, you have it in your mind to set aside
the class of agriculturists, saving that they have come with a hostile
and inimical disposition towards Verres
because he was a little strict in collecting the tenths. The
agriculturists, then, are all your enemies, all your adversaries. There
is not one of them who does not wish you dead. Altogether you are
admirably well off, when that order and class of men which is the most
virtuous and honourable, by which both the republic in general, and
most especially that province upheld, as fixedly hostile to you. [150]
However, be it so; another time we will consider of the disposition of
the agriculturists and of their injuries. For the present I assume,
what you grant me, that they are most hostile to you. You say,
forsooth, on account of the tenths. I grant that; I do not inquire
whether they are enemies with or without reason. What then is the
meaning of those gilt equestrian statues which greatly offend the
feelings and eyes of the Roman
people, near the temple of Vulcan? For I see an inscription on them
stating that the agriculturists had presented one of them. If they gave
this statue to do you honour, they are not your enemies. Let us believe
the witnesses; for then they were consulting your honour, now they are
regarding their own consciences. But if they presented the statues
under the compulsion of fear, you must confess that you exacted money
in the province on account of statues by violence and fear. Choose
whichever alternative you like.
LXII.[151] In truth I would willingly now abandon this
charge
about the statues, to have you admit to me, what would be most
honourable to you, that the agriculturists contributed this money for a
statue to do you honour, of their own free will. Grant me this. In a
moment you cut from under your feet the principal part of your defence.
For then you will not be able to say that the agriculturists were angry
with and enemies to you. O singular cause; O miserable and ruinous
defence; for the defendant, and he too a defendant who has been praetor
in Sicily,
to be unwilling to receive an admission from his accuser that the
agriculturists erected him a statue of their own free will, that they
have a good opinion of him, that they are his friends, that they desire
his safety! He is afraid of your believing this, for he is overwhelmed
with the evidence given against him by the agriculturists. [152]
I will avail myself of what is granted to me; at all events you must
judge that those men, who, as he himself wishes it to be believed, are
most hostile to him, did not contribute money for his honour and for
his monuments of their own free will. And that this may be most easily
understood, ask any one you please of the witnesses whom I shall
produce, who are witnesses from Sicily, whether a Roman
citizen or a Sicilian, and one too who appears most hostile to you, who
says that he has been plundered by you, whether he contributed anything
in his own name to the statue? You will not find one man to deny it In
truth they all contributed. [153]
Do you
think then that any one will doubt that he who ought to be most hostile
to you, who has received the severest injuries from you, paid money on
account of a statue to you because he was compelled by violence and
authoritative command, not out of kindness and by his own free will?
And I have neither counted up, nor been able to count, O judges, the
amount of this money, which is very large, and which has been most
shamelessly extorted from unwilling men, so as to estimate how much was
extorted from agriculturists, how much from traders who trade at
Syracuse, at Agrigentum, at Panormus, at Lilybaeum; since you see by
even his own confession that it was extorted from most unwilling
contributors.
LXIII.[154] I come now to the cities of Sicily,
in which case it is exceedingly easy to form an opinion of their
inclination. Did the Sicilians also contribute against their will? It
is not probable. In truth it is evident that Caius Verres so conducted
himself during his praetorship in Sicily, that, as he could not satisfy
both parties, both the Sicilians and the Romans,
he considered rather his duty to our allies, than his ambition, which
might have prompted him to gratify the citizens. And therefore I saw
him called in an inscription at Syracuse,
not only the patron of that island, but also the saviour of it. What a
great expression is this! so great that it cannot be expressed by any
single Latin word. He in truth is a saviour, who has given salvation.
In his name days of festival are kept--that fine Verrean festival--not
as if it was the festival of Marcellus, but instead of the Marcellean
festival, which they abolished at his command. His triumphal arch is in
the forum at Syracuse,
on which his son stands, naked; and he himself from horseback looks
down on the province which has been stripped bare by himself. His
statues are in every place; which seem to show this, that he very
nearly erected as many statues at Syracuse as he had taken away from
it. And even at Rome
we see an inscription in his honour carved at the foot of the statues,
in letters of the largest size, “that that were given by the community
of Sicily.”
Why were they given? How can any one be induced to believe that such
great honours were paid to him by people against their will?
LXIV.[155] Here, too, you must deliberate and consider
even much
more than you did in the case of the agriculturists, what you intend.
It is an important matter. Do you wish the Sicilians, both in their
public and private capacity, to be considered friends to you, or
enemies? If enemies, what is to become of you? Whither will you free
for refuge? On what will you depend? Just now you repudiated the
greater part of the agriculturists, most honourable and wealthy men,
both Sicilians and Roman
citizens. Now, what will you do about the Sicilian cities? Will you say
that the Sicilians are friendly to you? How can you say so? They who
(though they have never done such a thing in the instance of any one
else before, as to give public evidence against him, even though many
men who have been praetors in that province have been condemned, and
only two, who have been prosecuted, have been acquitted)--they, I say,
who now come with letters, with commissions, with public testimonies
against you, while, if they were to utter a panegyric on you in behalf
of their state, they would appear to do so according to their usual
custom, rather than because of your deserts. When these men make a
public complaint of your actions, do they not show this that your
injuries have been so great that they preferred to depart from their
ancient habit, rather than not speak of your habits?
[156]
You must, therefore, inevitably confess that the Sicilians are hostile
to you; since they have addressed to the consuls petitions of the
gravest moment directed against you, and have entreated me to undertake
this cause, and the advocacy of their safety; since, though they were
forbidden to come by the praetor, and hindered by four quaestors, they
still have thought every one's threats and every danger insignificant,
in comparison with their safety; since at the former pleading they gave
their evidence so earnestly and so bitterly, that Hortensius said that
Artemo, the deputy of Centuripa, end the witness authorized by the
public council there, was an accuser, not a witness. In truth he,
together with Andron,
a most honourable and trustworthy man, both on account of his virtue
and integrity, and also on account of his eloquence, was appointed by
his fellow-citizens as their deputy in order that he might be able to
explain in the most intelligible and clear manner the numerous and
various injuries which they have sustained from Verres.
LXV. The people of Halesa, of Catana, of Tyndaris, of
Enna, of Herbita, of Agyrium, of Netum, of Segesta,
gave evidence also. It is needless to enumerate them all. You know how
many gave evidence, and how many things they proved at the former
pleading. Now both they and the rest shall give their evidence. [157]
Every one, in short, shall be made aware of this fact in this
cause,--that the feelings of the Sicilians are such, that if that man
be not punished, they think that they must leave their habitations and
their homes and depart from Sicily,
and flee to some distant land. Will you persuade us that these men
contributed large sums of money to confer honour and dignity on you of
their own free will? I suppose, forsooth, they who did not like you to
remain in safety in your own city, wished to have memorials of your
person and name in their own cities! The facts show that they wished
it. For I have been for some time thinking that I was handling the
argument about the inclination of the Sicilians towards you too
tenderly, as to whether they were desirous to erect statues to you, or
were compelled to do so. [158] What
man
ever lived of whom such a thing was heard as has happened to you, that
his statues in his province, erected in the public places, and some of
them even in the holy temples, were thrown down by force by the whole
population? There have been many guilty magistrates in Asia, many in
Africa, many in Spain, in Gaul, in Sardinia, many in Sicily
itself, but did we ever hear such a thing as this of any of them? It is
an unexampled thing, O judges, a sort of prodigy amazing the Sicilians,
and among all the Greeks.
I would not have believed that story about the statues, if I had not
seen them myself uprooted and lying on the ground; because it is a
custom among all the Greeks
to think that honours paid to men by monuments of that sort, are, to
some extent, consecrated, and under the protection of the gods. [159] Therefore, when the Rhodians,
almost single-handed, carried on the first war against Mithridates,
and withstood all his power and his most vigorous attacks on their
walls, and shores, and fleets,--when they, beyond all other nations,
were enemies to the king; still, even then, at the time of imminent
danger to their city, they did not touch his statue which was among
them in the most frequented place in their city. Perhaps there might
seem some inconsistency in preserving the effigy and image of the man,
when they were striving to overthrow the man himself: but still I saw,
when I was among them, that they had a religious feeling in those
matters handed down to them from their ancestors, and that they argued
in this way;--that as to the statue, they regarded the period when it
had been erected; but as to the man, they regarded the fact of his
waging war against them, and being an enemy.
LXVI. You see, therefore, that the custom and religious
feeling of the Greeks,
which is accustomed to defend the monuments of enemies, even at a time
of actual war, could not, even in a time of profound peace, protect the
statues of a praetor of the Roman people. [160] The men of Tauromenium which is a
city in alliance with us, most quiet men, who were formerly as far
removed as possible
from the injuries of our magistrates, owing to the protection the
treaty was to them; yet even they did not hesitate to overturn that
man's statue. But when that was removed, they allowed the pedestal to
remain in the forum, because they thought it would tell more strongly
against him, if men knew that his statue had been thrown down by the
Tauromenians, than if they thought that none had ever been erected. The
men of Tyndarus threw down his statue in the forum; and for the same
reason left the horse without a rider. At Leontini, even in that
miserable and desolate city, his statue in the gymnasium was thrown
down. For why should I speak of the Syracusans, when that act was not a
private act of the Syracusans,
but was done by them in common with all their neighbouring allies, and
withal most the whole province? How great a multitude, how vast a
concourse of men is said to have been present when his statues were
pulled down and overturned! But where was this done? In the most
frequented and sacred place of the whole city; before Serapis himself,
in the very entrance and vestibule of the temple. And if Metellus
had not acted with great vigour, and by his authority, and by a
positive edict forbidden it, there would not have been a trace of a
statue of that man left in all Sicily.
[161] And I am not afraid of any of these things
seeming to
have been done in consequence of my arrival, much less in consequence
of my instigation. All those things were done, not only before I
arrived in Sicily, but before he reached Italy. While I was in Sicily,
no statue was thrown down. Hear now what was done after I departed from
thence.
LXVII. The senate of Centuripa decreed, and the people
ordered, that the quaestors should issue a contract for taking down
whatever statues there were of Caius Verres
himself, of his father, and of his son; and that while such demolition
was being executed, there should be not less than thirty senators
present. Remark the soberness and dignity of that city. They neither
chose that those statues should remain in their city which they
themselves had given against their will, under the pressure of
authority and violence; nor the statues of that man, against whom they
themselves (a thing which they never did before) had sent by a public
vote commissions and deputies, with the most weighty testimony, to
Rome.
And they thought that it would be a more important thing if it seemed
to have been done by public authority, than by the violence of the
multitude. [162]
When, in pursuance of this design, the people of Centuripa had publicly
destroyed his statues, Metellus hears of it. He is very indignant; he
summons before him the magistrates of Centuripa
and the ten principal citizens. He threatens them with measures of
great severity, if they do not replace the statues. They report the
matter to the senate. The statues, which could do no good to his cause,
are replaced; the decrees of the people of Centuripa,
which had been passed concerning the statues, are not taken away. Here
I can excuse some of the actors. I cannot at all excuse Metellus, a
wise man, if he acts foolishly. What? did he think it would look like a
crime in Verres,
if his statues were thrown down, a thing which is often done by the
wind, or by some accident? There could be in such a fact as that no
charge against the man, no reproof of him Whence, then, does the charge
and accusation arise? From the intention and will of the people by whom
it was caused.
LXVIII.[163] I, if Metellus had not compelled the men
of Centuripa
to replace the statues, should say, “See, O judges, what exceeding and
bitter indignation the injuries of that man have implanted in the minds
of our allies and friends; when that most friendly and faithful city of
Centuripa, which is, connected with the Roman
people by so many reciprocal good offices, that it has not only always
loved our republic, but has also shown its attachment to the very name
of Roman in the person of every private individual, has decided by
public resolution and by the public authority that the statues of Caius
Verres ought not to exist in it.” I should recite the decrees of the
people of Centuripa; I should extol that city, as with the greatest
truth I might; I should relate that ten thousand
of those citizens, the bravest and most faithful of our allies,--that
every one of the whole people resolved, that there ought to be no
monument of that man in their city. I should say this if Metellus had
not replaced the statues. [164] I
should now wish to ask of Metellus
himself, whether by his power and authority he has at all weakened my
speech? I think the very same language is still appropriate. For, even
if the statues were ever so much thrown down, I could not show them to
you on the ground. This only statement could I use, that so wise a city
had decided that the statues of Caius Verres ought to be demolished.
And this argument Metellus
has not taken from me. He has even given me this additional one; he has
enabled me to complain, if I thought fit, that authority is exercised
over our friends and allies with so much injustice, that, even in the
services they do people, they are not allowed to use their own unbiased
judgment; he has enabled me to entreat you to form your conjectures,
how you suppose Lucius Metellus
behaved to me in those matters in which he was able to injure me, when
he behaved with such palpable partiality in this one in which he could
be no hindrance to me. But I am not angry with Metellus,
nor do I wish to rob him of his excuse which he puts forth to every
one, that he did nothing spitefully nor with any especial design.
LXIX.[165] Now, therefore, it is so evident that you
cannot deny
it, that no statue was given to you with the good will of any one; no
money on account of statues, that was not squeezed out and extorted by
force. And, in making that charge, I do not wish that alone to be
understood, that you get money to the amount of a hundred and twenty
thousand sesterces; but much more do I wish to have this
point seen clearly, which was proved at the same time, namely, how
great both is and was the hatred borne to you by the agriculturists,
and by all the Sicilians. And as to this point, what your defence is to
be I cannot guess.-- [166] “Yes, the
Sicilians hate me, because I did a great deal for the sake of the Roman
citizens.” But they too are most bitter against you, and most hostile.
“I have the Roman
citizens for my enemies, because I defended the interests and rights of
the allies.” But the allies complain that they were considered and
treated by you as enemies. “The agriculturists are hostile to me on
account of the tenths.” Well; they who cultivate land untaxed and free
from this impost; why do they hate you? why do the men of Halesa, of
Centuripa, of Segesta,
of Halicya hate you? What race of men, what number of men, what rank of
men can you name that does not hate you, whether they be Roman
citizens or Sicilians? So that even if I could not give a reason for
their hating you, still I should think that the fact ought to be
mentioned and that you also O judges, ought to hate the man whom all
men hate. [167] Will you dare to
say,
either that the agriculturists, that all the Sicilians, in short, think
well of you, or that it has nothing to do with the subject what they
think? You will not dare to say this, nor if you were to wish to do so
would you be allowed. For those equestrian statues erected by the
Sicilians, whom you affect to despise, and by the agriculturists,
deprive you of the power of saying that; the statues, I mean, which a
little while before you came to the city you ordered to be erected and
to have inscriptions put upon them, to serve as a check to the
inclinations of all your enemies and accusers. [168]
For who would be troublesome to you, or who would dare to bring an
action against you, when he saw statues erected to you by traders, by
agriculturists, by the common voice of all Sicily?
What other class of men is there in that province?--None. Therefore he
is not only loved, but even honored by the whole province, and also by
each separate portion of it, according to their class. Who will dare to
touch this man? Can you then say that the evidence of agriculturists,
of traders, and of all the Sicilians against you, ought to be no
objection to you, when you hoped to be able to extinguish all your
unpopularity and infamy by placing their names in an inscription on
your statues? Or, if you attempted to add honour to your statues by
their authority, shall I not be able to corroborate my argument by the
dignity of those same men? [169]
Unless,
perchance, in that matter, some little hope still consoles you, because
you were popular among the farmers of the revenues: but I have taken
care, through my diligence, that that popularity should not serve,--you
have contrived, by your own wisdom, to show that it ought to be, an
injury to you. Listen, O judges, to the whole affair in a few words.
LXX. In the collecting the tax on pasture lands in
Sicily there is a sub-collector of the name of Lucius Carpinatius,
who both for the sake of his own profit, and perhaps because he thought
it for the interest of his partners, cultivated the favour of Verres
to the neglect of everything else. He, while he was attending the
praetor about all the markets, and never leaving him, had got into such
familiarity with, and aptitude at the practice of selling Verres's
decrees and decisions, and managing his other concerns, that he was
considered almost a second Timarchides. [170]
He was in one respect still more important; because he also lent money
at usury to those who were purchasing anything of the praetor. And this
usury, O judges, was such that even the profit from the other
transactions was inferior to the gain obtained by it. For the money
which he entered as paid to those with whom he was dealing, he entered
also under the name of Verres's secretary, or of Timarchides, or even
under Verres's own name, as received from them. And besides that, he
lent other large sums belonging to Verres, of which he made no entry at
all, in his own name. [171]
Originally this Carpinatius, before he had become so intimate with
Verres, had often written letters to the shareholders about his unjust
actions. But Canuleius, who had an agency at Syracuse,
in the harbour, had also written accounts to his shareholders of many
of Verres's robberies, giving instances, especially, concerning things
which had been exported from Syracuse
without paying the harbour dues. But the same company was farming both
the harbour dues and the taxes on pasture land. And thus it happened
that there were many things which we could state and produce against
Verres from the letters of that company. [172]
But it happened that Carpinatius,
who had by this time become connected with him by the greatest
intimacy, and also by community of interests, afterwards sent frequent
letters to his partners, speaking of his exceeding kindness, and of his
services to their common property. And in truth, as he was used to do
and to decree everything which Carpinatius requested him, Carpinatius
also began to write still more flaming accounts to his shareholders, in
order, if possible, utterly to efface the recollection of all that he
had written before. But at last, when Verres
was departing, he sent letters to them, to beg them to go out in crowds
to meet him and to give him thanks; and to promise zealously that they
would do whatever he desired them. And the shareholders did so,
according to the old custom of farmers; not because they thought him
deserving of any honour, but because they thought it was for their own
interest to be thought to remember kindness, and to be grateful for it.
They expressed their thanks to him, and said that Carpinatius had often
sent letters to them mentioning his good offices.
LXXI.[173] When he had made answer that he had done
those things gladly, and had greatly extolled the services of
Carpinatius,
he charges a friend of his, who at that time was the chief collector of
that company, to take care diligently, and to make sure that there was
nothing in any of the letters of any of the partners which could tell
against his safety and reputation. Accordingly he, having got rid of
the main body of the shareholders, summons the collectors of the
tenths, and communicates the business to them. They resolve and
determine that those letters in which any attack was made on the
character of Caius Verres shall be removed, and that care he taken that
that business shall not by any possibility be any injury to Caius
Verres. [174]
If I prove that the collectors of the truths passed this
resolution,--if I make it evident that, according to this decree, the
letters were removed, what more would you wait for? Can I produce to
you any affair more absolutely decided? Can I bring before your
tribunal any criminal more fully condemned? But condemned by whose
judgment? By that, forsooth, of those men whom they who wish for severe
tribunals think ought to decide on causes,--by the judgment of the
farmers, whom the people is now demanding to have for judges, and
concerning whom, that we may have them for judges, we at this moment
see a law proposed, not by a man of our body, not by a man born of the
equestrian order, not by a man of the noblest birth:
[175]
the collectors of the tenths, that is to say, the chiefs, and, as it
were, the senators of the farmers, voted that these letters should be
removed out of sight. I have men, who were present, whom I can produce,
to whom I will entrust this proof, most honourable and wealthy men, the
very chief of the equestrian order, on whose high credit the very
speech and cause of the man who has proposed this law mainly relies.
They shall come before you; they shall say what they deter mined.
Indeed, if I know the men properly, they will not speak falsely For
they were able, indeed, to put letters to their community out of sight;
they have not been able to put out of sight their own good faith and
conscientiousness. Therefore the Roman
knights, who condemned you by their judgment, have not been willing to
be condemned in the judgment of those judges. Do you now consider
whether you prefer to follow their decision or their inclination.
LXXII.[176] But see now, how far the zeal of your
friends,
your own devices, and the inclination of those partners aid you. I will
speak a little more openly; for I am not afraid of any one thinking
that I am saying this in the spirit of an accuser rather than with
proper freedom. If the collectors had not removed those letters
according to the resolution of the farmers of the tenths, I could only
say against you what I had found in those letters; but now that the
resolution has been passed, and the letters have been removed, I may
say whatever I can, and the judge may suspect whatever he chooses. I
say that you exported from Syracuse an immense weight of gold, of
silver, of ivory, of purple; much cloth from Melita, much embroidered
stuff, much furniture of Delos, many Corinthian
vessels, a great quantity of corn, an immense load of honey; and that
on account of these things, because no port dues were paid on them,
Lucius Canuleius, who was the agent in the harbour, sent letters to his
partners.
Does this appear a sufficiently grave charge?
[177] None, I think, can be graver. What will
Hortensius say in defence? Will he demand that I produce the letters of
Canuleius?
Will he say that a charge of this sort is worthless unless it be
supported by letters? I shall cry out that the letters have been put
out of the way; that by a resolution of the shareholders the proofs and
evidences of his thefts have been taken from me. He must either contend
that this has not been done, or he must bear the brunt of all my
weapons. Do you deny that this was done? I am glad to hear that
defence. I descend into the arena; for equal terms and an equal contest
are before us. I will produce witnesses, and I will produce many at the
same time; since they were together when this took place, they shall be
together now also. When they are examined, let them be bound not only
by the obligation of their oath and regard for their character, but
also by a common consciousness of the truth. [178]
If it be proved that this did take place as I say it did, will you be
able to say, O Hortensius, that there was nothing in those letters to
hurt Verres?
You not only will not say so, but you will not even be able to say
this,--that there was not as much in them as I say there was. This then
is what you have brought about by your wisdom and by your interest;
that, as I said a little while ago, you have given me the greatest
licence for accusing, and he judges the most ample liberty to believe
anything.
LXXIII.[179] But though this be the case, still I will
invent
nothing. I will recollect that I have not taken a criminal to accuse,
but that I have received clients to defend; and that you ought to hear
the cause not as it might be produced by me, but as it has been brought
to me; that I shall satisfy the Sicilians, if I diligently set forth
what I have known myself in Sicily, and what I have heard from them;
that I shall satisfy the Roman
people, if I fear neither the violence nor the influence of any one;
that I shall satisfy you, if by my good faith and diligence I give you
an opportunity of deciding correctly and honestly; that I shall satisfy
myself, if I do not depart a hair's breadth from that course of life
which I have proposed to myself. [180]
Wherefore, you have no ground to fear that I will invent anything
against you. You have cause even to be glad; for I shall pass over many
things which I know to have been done by you, because they are either
too infamous, or scarcely credible. I will only discuss this whole
affair of this society. That you may now hear the truth, I will ask,
Was such a resolution passed? When I have ascertained that, I will ask,
Have the letters been removed? When that too, is proved , you will
understand the matter, even if I say nothing. If they who passed this
resolution for his sake--namely, the Roman
knights--were now also judges in his case, they would beyond all
question condemn that man, concerning whom they knew that letters which
laid bare his robberies had been sent to themselves, and had been
removed by their own resolution. He, therefore, who must have been
condemned by those Roman
knights who desire everything to turn out for his interest, and who
have been most kindly treated by him, can he, O judges, by any possible
means or contrivance be acquitted by you? [181]
And that you may not suppose that those things which have been removed
out of the way, and taken from you, were all so carefully hidden, and
kept so secretly, that with all the diligence which I am aware is
universally expected of me nothing concerning them has been able to be
arrived at or discovered, I must tell you that, whatever could by any
means or contrivance be found out, has been found out, O judges. You
shall see in a moment the man detected in the very act; for as I have
spent a great part of my life in attending to the causes of farmers,
and have paid great attention to that body, I think that I am
sufficiently acquainted with their customs by experience and by
intercourse with them.
LXXIV.[182] Therefore, when I ascertained that the
letters of
the company were removed out of the way, I made a calculation of the
years that that man had been in Sicily;
then I inquired (what was exceedingly easy to discover) who during
those years had been the collectors of that company,--in whose care the
records had been. For I was aware that it was the custom of the
collectors who kept the records, when they gave them up to the new
collector, to retain copies of the documents themselves. And therefore
I went in the first place to Lucius Vibius, a Roman
knight, a man of the highest consideration, who, I ascertained, had
been collector that very year about which I particularly had to
inquire. I came upon the man unexpectedly when he was thinking of other
things. I investigated what I could, and inquired into everything. I
found only two small books, which had been sent by Lucius Canuleius to
the shareholders from the harbour at Syracuse;
in which there was entered an account of many months, and of things
exported in Verres's name without having paid harbour dues. These I
sealed up immediately. [183] These
were
documents of that sort which of all the papers of the company I was
most anxious to find; but still I only found enough, O judges, to
produce to you as a sample, as it were. But still, whatever is in these
books, however unimportant it may seem to be, will at all events be
undeniable; and by this you will be able to form your conjectures as to
the rest. Read for me, I beg, this first book, and then the other. [The
books of Canuleius
are read.] I do not ask now whence you got those four hundred jars of
honey, or such quantities of Maltese cloth, or fifty cushions for sofas
or so many candelabra;--I do not, I say, inquire at present where you
got these things; but, how you could want such a quantity of them, that
I do ask. I say nothing about the honey; but what could you want with
so many Maltese garments? as if you were going to dress all your
friends' wives;--or with so many sofa cushions? as if you were going to
furnish all their villas.
LXXV.[184] As in these little books there are only the
accounts
of a few months, conjecture in your minds what they must have been for
the whole three years. This is what I contend for. From these small
books found in the house of one collector of the company, you can form
some conjecture how great a robber that man was in that province; what
a number of desires, what different ones, what countless ones he
indulged; what immense sums he made not only in money, but invested
also in articles of this sort; which shall be detailed to you more
fully another time. At present listen to this. [185]
By these exportations, of which the list was read to you, he writes
that the shareholders had lost sixty thousand sesterces
by the five per cent due on them as harbour dues at Syracuse.
In a few months, therefore, as these little insignificant books show,
things were stolen by the praetor and exported from one single town of
the value of twelve hundred thousand sesterces. Think
now, as the island is one which is accessible by sea on all sides, what
you can suppose was exported from other places? from Agrigentum, from
Lilybaeum, from Panormus, from Thermae, from Halesa, from Catina, from
the other towns? And what from Messana?
the place which he thought safe for his purpose above all
others,--where he was always easy and comfortable in his mind, because
he had selected the Mamertines as men to whom he could send everything
which was either to be preserved carefully, or exported secretly. After
these books had been found, the rest were removed and concealed more
carefully; but we, that all men may see that we are acting without any
ulterior motive, are content with these books which we have produced.
LXXVI.[186] Now we will return to the accounts of the
society
of money received and paid, which they could not possibly remove
honestly, and to your friend Carpinatius. We inspected at Syracuse
accounts of the company made up by Carpinatius, which showed by many
items that many of the men who had paid money to Verres, had borrowed
it of Carpinatius.
That will be clearer than daylight to you, O judges, when I produce the
very men who paid the money; for you will see that the times at which,
as they were in danger, they bought themselves off, agree with the
records of the company not only as to the years, but even as to the
months.
[187] While we were
examining this
matter thoroughly, and holding the documents actually in our hands, we
see on a sudden erasures of such a sort as to appear to be fresh wounds
inflicted on papers. Immediately, having a suspicion of something
wrong, we bent our eyes and attention on the names themselves. Money
was entered as having been received from Caius Verrutius the son of
Caius,
in such a way that the letters had been let stand down to the second R,
all the rest was an erasure. A second, a third, a fourth--there were a
great many names in the same state. As the matter was plain, so also
was the abominable and scandalous worthlessness of the accounts. We
began to inquire of Carpinatius
who that Verrutius was, with whom he had such extensive pecuniary
dealings. The man began to hesitate, to look away, to colour. Because
there is a provision made by law with respect to the accounts of the
farmers, forbidding their being taken to Rome; in order that the matter
might be as clear and as completely proved as possible, I summon
Carpinatius before the tribunal of Metellus
and produce the accounts of the company in the forum. There is a great
rush of people to the place; and as the partnership existing between
Carpinatius
and that praetor, and his usury, were well known, all people were
watching with the most eager expectation to see what was contained in
the accounts.
LXXVII.[188] I bring the matter before Metellus; I
state to him that I have seen the accounts of the shareholders, that in
these there is a long account of one Caius
Verrutius made up of many items, and that I saw, by a computation of
the years and months, that this Verrutius had had no account at all
with Carpinatius, either before the arrival of Caius Verres, or after
his departure. I demand that Carpinatius
shall give me an answer who that Verrutius is; whether he is a
merchant, or a broker, or an agriculturist, or a grazier; whether he is
in Sicily, or whether he has now left it. All who were in the court
cried out at once that there had never been any one in Sicily
of the name of Verrutius. I began to press the man to answer me who he
was, where he was, whence he came; why the servant of the company who
made up the accounts always made a blunder in the name of Verrutius at
the same place? [189] And I made
this
demand, not because I thought it of any consequence that he should be
compelled to answer me these things against his will, but that the
robberies of one, the dishonesty of the other, and the audacity of both
might be made evident to all the world. And so I leave him in the
court, dumb from fear and the consciousness of his crimes, terrified
out of his wits, and almost frightened to death; I take a copy of the
accounts in the forum, with a great crowd of men standing round me; the
most eminent men in the assembly are employed in making the copy; the
letters and the erasures are faithfully copied and imitated, and
transferred from the accounts into books.
[190] The copy was examined and compared with the
original
with the greatest care and diligence, and then sealed up by most
honourable men. If Carpinatius would not answer me then, do you, O
Verres,
answer me now, who you imagine this Verrutius, who must almost be one
of your own family, to be. It is quite impossible that you should not
have known a man in your own province, who, I see, was in Sicily
while you were praetor, and who, I perceive from the accounts
themselves, was a very wealthy man. And now, that this may not be
longer in obscurity, advance into the middle, open the volume, the copy
of the accounts, so that every one may be
able to see now, not the traces only of that man's avarice, but the
very bed in which it lay.
LXXVIII.[191] You see the word Verrutius?--You
see the first letters untouched? you see the last part of the name, the
tail of Verres,
smothered in the erasure, as in the mud. The original accounts, O
judges, are in exactly the same state as this copy.--What are you
waiting for? What more do you want? You, Verres,
why are you sitting there? Why do you delay? for either you must show
us Verrutius, or confess that you yourself are Verrutius. The ancient
orators are extolled, the Crassi and Antonii, because they had the
skill to efface the impression made by an accusation with great
clearness, and to defend the causes of accused persons with eloquence.
It was not, forsooth, in ability only that they surpassed those who are
now employed here as counsel, but also in good fortune. No one, in
those times, committed such crimes as to leave no room for any defence;
no one lived in such a manner that no part of his life was free from
the most extreme infamy; no one was detected in such manifest guilt,
that, shameless as he had been in the action, he seemed still more
shameless if he denied it.
[192] But now what can Hortensius
do? Can he argue against the charges of avarice by panegyrics on his
client's economy? He is defending a man thoroughly profligate,
thoroughly licentious, thoroughly wicked. Can he lead your attention
away from this infamy and profligacy of his, and turn them into some
other direction by a mention of his bravery? But a man more inactive,
more lazy, one who is more a man among women, a debauched woman among
men, cannot be found.--But his manners are affable. Who is more
obstinate more rude? more arrogant?--But still all this is without any
injury to any one. Who has ever been more furious, more treacherous,
and more cruel? With such a defendant and such a cause, what could all
the Crassus's and Antonius's in the world do? This is all they would
do, as I think, O Hortensius;
they would have nothing to do with the cause at all, lest by contact
with the impudence of another they might lose their own characters for
virtue. For they come to plead causes free and unshackled, so as not,
if they did not choose to act shamelessly in defending people, to be
thought ungrateful for abandoning them.