I. Every man, O judges,
who, without being prompted by any
enmity, or stung by any private injury, or tempted by any reward,
prosecutes another for the good of the republic, ought to consider, not
only how great a burden he is liking upon himself at the time, but also
how much trouble he is courting for the remainder of
his life.
For he imposes on himself a law of innocence, of moderation, and of all
virtues, who demands from another an account of his life; and he does
so the more if, as I said before, he does this being urges by no other
motive except a desire for the common good.
[2]
For if any one assumes to himself to correct the manners of others, and
to reprove their faults, who will pardon him, if he himself turn aside
in any particular from the strict line of duty? Wherefore, a citizen of
this sort is the more to he praised and beloved by all men for this
reason also,--that he does not only remove a worthless citizen from the
republic, but he also promises and binds himself to be such a man as to
be compelled, not only by an ordinary inclination to virtue and duty,
but by even some more unavoidable principle, to live virtuously and
honourably.
[3] And, therefore, O
judges, that most illustrious and most eloquent man, LuciusCrassus, was
often heard to say that he did not repent of anything so much as having
ever proceeded against Caius Carbo:
for by so doing he had his inclination as to everything less
uncontrolled, and he thought, too, that his way of life was remarked by
more people than he liked. And he, fortified as he was by the
protection of his own genius and fortune, was yet hampered by this
anxiety which he had brought upon himself, before his judgment was
fully formed, at his entrance into life; on which account virtue and
integrity is less, looked for from those who undertake this business as
young men, than from those who do so at a riper age; for they, for the
sake of credit and ostentation, become accusers of others before they
have had time to take notice how much more free the life of those who
have accused no one is. We who have already shown both what we could
do, and what judgment we had, unless we could easily restrain our
desires, should never, of our own accord, deprive ourselves of all
liberty and freedom in our way of life.
II.[4] And I have a greater burden on me than those who have
accused other men, (if that deserve to be called a burden which you
bear with pleasure and delight,)--but still I have in one respect
undertaken a greater burden than others who have done the same thing,
because all men are required to abstain most especially from those
vices for which they have reproved another. Have you accused any thief
or rapacious man? You must for ever avoid all suspicion of avarice.
Have you prosecuted any spiteful or cruel man? You must for ever take
care not to appear in any matter the least harsh or severe. A seducer?
an adulterer? You must, take care most diligently that no trace of
licentiousness be ever seen in your conduct. In short, everything which
you have impeached in another must be earnestly avoided by you your
self. In truth, not only no accuser, but no reprover even can be
endured, who is himself detected in the vice which he reproves in
another.
[5] I, in the case of one
man,
am finding fault with every vice which can exist in a wicked and
abandoned man. I say that there is no indication of lust, of
wickedness, of audacity, which you cannot see clearly in the life of
that one man. In the case of this criminal, I, O judges, establish this
law against myself; that I must so live as to appear to be, and always
to have been, utterly unlike that man, not only in all my actions and
words, but even in that arrogance and haughtiness of countenance and
eyes which you see before you. I will bear without uneasiness, O
judges, that that course of life which was previously agreeable to me
of my own accord, shall now, by the law and conditions I hare laid down
for myself, become necessary for me.
III.[6] And in the case of this man you often, O
Hortensius,
are asking me, under the pressure of what enmity or what injury I have
come forward to accuse him. I omit all mention of my duty, and of my
connection with the Sicilians; I answer you as to the point of enmity.
Do you think there is any greater enmity than that arising from the
opposite opinions of men, and the contrariety of their wishes and
inclinations? Can he who thinks good faith the holiest thing in life
avoid being an enemy to that man who, as quaestor, dared to despoil, to
desert, to betray, and to attack his consul, whose counsels he had
shared, whose money he had received, with all whose business affairs he
had been entrusted? Can he who reverences modesty and chastity behold
with equanimity the daily adulteries, the dissolute manners of that
man, the domestic pandering to his passions? Can he who wishes to pay
due honours to the immortal gods, by any means avoid being an enemy to
that man who has plundered all the temples, who has dared to commit his
robberies even on the track of the wheels of the sacred car? Must not
he who thinks that all men ought to live under equal laws, be
very hostile to you, when he considers the variety and caprice of your
decrees? Must not he who grieves at the injuries of the allies and the
distresses of the provinces be excited against you by the plundering of
Asia, the harassing of Pamphylia, the miserable state and the agony of
Sicily? Ought not he who desires the rights and the liberty of the
Roman
citizens to be held sacred among all men,--to be even more than an
enemy to you, when here collects your scourgings, your executions, your
crosses erected for the punishment of Roman citizens?
[7]
Or if he had in any particular made a decree contrary to my interest
unjustly, would you then think that I was fairly an enemy to him; but
now that he has acted contrary to the interests, and property, and
advantage, and inclination, and welfare of all good men, do you ask why
I am an enemy to a man towards whom the whole Roman people is hostile?
I, who above all other men ought to undertake, to gratify the desires
of the Roman people, even a greater burden and duty than my strength
perhaps is equal to.
IV. What? cannot even those matters, which seem more
trifling,
move any one's mind,--that the worthlessness and audacity of that man
should have a more easy access to your own friendship, O Hortensius,
and to that of other great and noble men, than the virtue and integrity
of any one of us? You hate the industry of new men; you despise their
economy; you scorn their modesty; you wish their talents and virtues to
be depressed and extinguished.
[8] You are fond of Verres:
I suppose so. If you are not gratified with his virtue, and his
innocence, and his industry, and his modesty, and his chastity, at
least you are transported at his conversation, his accomplishments, and
his high breeding. He has no such gifts; but, on the contrary, all his
qualities are stained with the most extreme disgrace and infamy, with
most extraordinary stupidity and boorishness. If any man's house is
open to this man, do you think it is open, or rather that it is yawning
and begging something? He is a favourite of your factors, of your
valets. Your freedmen, your slaves, your housemaids, are in love with
him. He, when he calls, is introduced out of his turn; he alone is
admitted, while others, often most virtuous men, are excluded. From
which it is very easily understood that those people are the most dear
to you who have lived in such a manner that without your protection
they cannot be safe.
[9] What? do
you
think this can be endurable to any one,--that we should live on slender
incomes in such a way as not even to wish to acquire anything more;
that we should be content with maintaining our dignity, and the
goodwill of the Roman
people, not by wealth, but by virtue; but that that man having robbed
every one on all sides, and having escaped with impunity, should live,
in prosperity and abundance? that all your banquets should be decorated
with his plate, your forum and hall of assembly with his statues and
pictures? especially when, through your own valour, you are rich in all
such trophies? That it should be Verres who adorns your villas with his
spoils? That it should be Verres who is vying with Lucius Mummius:
so that the one appears to have laid waste more cities of the allies,
than the other overthrew belonging to the enemy? That the one,
unassisted, seems to have adorned more villas with the decorations of
temples, than the other decorated-temples with the spoils of the enemy?
And shall he be dearer to you, in order that others may more willingly
become subservient to your covetousness at their own risk?
V.[10] But these topics shall be mentioned at another
time, and
they have already been mentioned elsewhere. Let us proceed to the other
matters, after we have in a few words, O judges, begged your favourable
construction. All through our former speech we had your attention very
carefully given to us. It was very pleasing to us; but it will be far
more pleasing, if you will be so kind as to attend to what follows;
because in all the things which were said before, there was some
pleasure arising from the very variety and novelty of the subjects and
of the charges. Now we are going to discuss the affair of corn; which
indeed in the greatness of the iniquity exceeds nearly all the other
charges, but will have far less variety and agreeableness in the
discussion. But it is quite worthy of your authority and wisdom, O
judges, in the matter of careful hearing, to give no less weight to
conscientiousness in the discharge of your duties, than to pleasure.
[11]
I, inquiring into this charge respecting the corn, keep this in view, O
judges, that you are going to inquire into the estates and fortunes of
all the Sicilians--into the property of all the Roman citizens who
cultivate land in Sicily--into the revenues handed down to you by your
ancestors--into the life and sustenance of the Roman
people. And if these matters appear to you important--yes, and most
important,--do not be weary if they are pressed upon you from various
points of view, and at some length. It cannot escape the notice of any
one of you, O judges, that all the advantage and desirableness of
Sicily, which is in any way connected with the convenience of the Roman
people, consists mainly in its corn; for in other respects we are
indeed assisted by that province, but as to this article, we are fed
and supported by it.
[12] The case,
O
judges, will be divided under three heads in my accusation: for, first,
I shall speak of the collectors of the tenths; secondly, of the corn
which has been bought; thirdly, of that which has been valued.
VI. There is, O judges, this difference between Sicily
and other provinces, in the matter of tribute derived from the lands;
that in the other provinces, either the tribute imposed is of a fixed
amount, which is called
stipendiarium,
as in the case of the Spaniards and most of the Carthaginian provinces,
being a sort of reward of victory, and penalty for war; or else a
contract exists between the state and the farmers, settled by the
censor, as is the case in Asia, by the Sempronian law. But the cities
in Sicily were received into our friendship and alliance, retaining the
same laws which they had before, and that being subject to the Roman
people on the same conditions as they had formerly been subject to
their own princes.
[13]
Very few cities of Sicily
were subdued in war by our ancestors, and even in the case of those
which were, though their land was made the public domain of the Roman
people, still it was afterwards restored to them. That domain is
regularly let out to farmers by the censors. There are two federate
cities, whose tenths are not put up to auction; the city of the
Mamertines and Taurominium. Besides these, there are five cities
without any treaty, free and enfranchised; Centuripa, Halesa, Segesta,
Halicya, and Panormus. All the land of the other states of Sicily is
subject to the payment of tenths; and was so, before the sovereignty of
the Roman people, by the will and laws of the Sicilians themselves.
[14] See now the wisdom of our
ancestors, who, when they had added Sicily,
so valuable an assistant both in war and peace, to the republic, were
so careful to defend the Sicilians and to retain them in their
allegiance, that they not only imposed no new tax upon their lands, but
did not even alter the law of putting up for sale the contracts of the
farmers of the tenths, or the time or place of selling them; so that
they were to put them up for sale at the regular time of year, at the
same place, in Sicily,--in short, in every respect as the law of Hiero
directed; they permitted them still to manage their own affairs, and
were not willing that their minds should be disturbed even by a new
name to a law, much less by an actual new law.
[15]
And so that resolved that the farming of the tenth should always be put
up to auction according to the law of Hiero,
in order that the discharge of that office might be the more agreeable
if, though the supreme power was changed, still, not only the laws of
that king who was very dear to the Sicilians, but his name also
remained in force among them. This law the Sicilians always used before
Verres
was praetor. He first dared to root up and alter the established usages
of them all, their customs which had been handed down to them from
their ancestors, the conditions of their friendship with us, and the
rights secured to them by our alliance.
VII.[16] And in this, this is the first thing I object to
and
accuse you for, that in a custom of such long standing, and so
thoroughly established, you made any innovation at all. Have you ever
gained anything by this genius of yours? Were you superior in prudence
and wisdom to so many wise and illustrious men who governed that
province before you? That is your renown; this praise is due to your
genius and diligence. I admit and grant this to you. I do know that, at
Rome,
when you were praetor, you did transfer by your edict the possession of
inheritance from the children to strangers, from the first heirs to the
second, from the laws to your own licentious covetousness. I do know
that you corrected the edicts of all your predecessors, and gave
possession of inheritance not according to the evidence of those who
produced the will, but according to theirs who said that a will had
been made. And I do know too that those new practices, first brought
forward and invented by you, were a very great profit to you. I
recollect, moreover, that you also abrogated and altered the laws of
the censors about the keeping the public buildings in repair; so that
he might not take the contract to whom the care of the building
belonged; so that his guardians and relations might not consult the
advantage, of their ward so as to prevent his being stripped of all his
property; that you appointed a very limited time for the work, in order
to exclude others from the business; but that with respect to the
contractor you favoured, you did not observe any fixed time at all.
[17]
So that I do not marvel at your having established a new law in the
matter of the tenths you, a man so wise, so thoroughly practiced in
praetorian edicts and censorian laws. I do not wonder, I say, at your
having invented something; but I do blame you, I do impeach you, for
having of your own accord, without any command from the people, without
the authority of the senate, changed the laws of the province of
Sicily.
[18] The senate permitted
Lucius Octavius and Caius Cotta, the consuls, to put up to auction at
Rome the tenths of wine, and oil, and of pulse, which before your time
the quaestors had been in the habit of putting up in Sicily;
and to establish any law with respect to those articles which they
might think fit. When the contract was offered for sale, the farmers
begged them to add some clauses to the law, and yet not to depart from
the other laws of the censors. A man opposed this, who by accident was
at Rome at that time; your host,--your host, and intimate friend, I
say, O Verres,--Sthenius, of Thermae,
who is here present The consuls examined into the matter. When they had
summoned many of the principal and most honourable men of the state to
form a council on the subject; according to the opinion of that council
they gave notice that they should put the tenths up to auction
according to the law of Hiero.
VIII.[19] Was it not so? Men of the greatest wisdom,
invested
with the supreme authority, to whom the senate had given the whole
power of making laws respecting the letting out the farming of the
tributes, (and this power had been ratified by the people, while only
one Sicilian objected to it,) would not alter the name of the law of
Hiero,
even when the measure would have been accompanied by an augmentation of
the revenue; but you, a man of no wisdom, of no authority, without any
order from people or senate, while all Sicily objected, abrogated the
whole law of Hiero, to the greatest injury and even destruction of the
revenue.
[20]
But what law is this, O judges, which he amends, or rather totally
abrogates? A law framed with the greatest acuteness and the greatest
diligence, which gives up the cultivator of the land to the collector
of the tenths, guarded by so many securities, that neither in the corn
fields, nor on the threshing floors, nor in the barns, nor while
removing his corn privately, nor while carrying it away openly, can the
cultivator defraud the collector of one single grain without the
severest punishment. The law has been framed with such care, that it is
plain that a man framed it who had no other revenues; with such
acuteness that it was plain that he was a Sicilian; with such severity,
that he was evidently a tyrant: by this law, however, cultivating the
land was an advantageous trade for the Sicilian; for the laws for the
collectors of the tenths were also drawn up so carefully that it is not
possible for more than the tenth to be extorted from the cultivator
against his will.
[21] And though
all these things were settled in this way, after so many years and even
ages, Verres
was found not only to change, but entirely to overturn them, and to
convert to purposes of his own most infamous profit those regulations
which had long ago been instituted and established for the safety of
the allies and the benefit of the republic. In the first instance he
appointed certain men, collectors of the tenths in name, in reality the
ministers and satellites of his desires; by whom I will show that the
province was for three years so harassed and plundered, O judges, that
it will take many years and a long series of wise and incorruptible
governors to recover it.
IX.[22] The chief of all those who were called collectors,
was Quintus Apronius,
that man whom you see in court, concerning whose extraordinary
wickedness you have heard the complaints of most influential
deputations. Look, O judges, at the face and countenance of the man;
and from that obstinacy which he retains now in the most desperate
circumstances, you may imagine and recollect what his arrogance must
have been in Sicily. This Apronius is the man whom Verres
(though he had collected together the most infamous men from all
quarters, and though he had taken with him no small number of men like
himself in worthlessness, licentiousness, and audacity,) still
considered most like himself of any man in the whole province. And so
in a very short time they became intimate, not because of interest, nor
of reason, nor of any introduction from mutual friends, but from the
baseness and similarity of their pursuits.
[23]
You know the depraved and licentious habits of Verres.
Imagine to yourselves, if you can, any one who can be in every respect
equal to him in the wicked and dissolute commission of every crimes
that man will be Apronius;
who, as he shows not only by his life, but by his person and
countenance, is a vast gulf and whirlpool of every sort of vice and
infamy. Him did Verres
employ as his chief agent in all his adulteries, in all his plundering
of temples, in all his debauched banquets; and the similarity of their
manners caused such a friendship and unanimity between them, that
Apronius,
whom every one else thought a boor and a barbarian, appeared to him
alone an agreeable and an accomplished man; that, though every one else
hated him, and could not bear the sight of him, Verres could not bear
to be away from him; that, though others shunned even the banquets at
which Apronius was to be presents Verres
used the same cup with him; lastly, that, though the odour of
Apronius's breath and person is such that even, as one may say, the
beasts cannot endure him, he appeared to Verres
alone sweet and pleasant. He sat next to him on the judgment-seat; he
was alone with him in his chamber; he was at the head of his table at
his banquets; and especially then, when he began to dance at the feast
naked, while the young son of the praetor was sitting by.
X.[24] This man, as I began to say, Verres
selected for his principal agent in distressing and plundering the
fortunes of the cultivators of the land. To this man's audacity, and
wickedness, and cruelty, our most faithful allies and most virtuous
citizens were given up, O judges, by this praetor, and were placed at
his mercy by new regulations and new edicts, the entire law of Hiero,
as I said before, having been rejected and repudiated.
[25] First of all, listen,
O judges, to
his splendid edict. “Whatever amount of tithe the collector declared
that the cultivator ought to pay, that amount the cultivator should be
compelled to pay to the collector.”--How? Let him pay as much as
Apronius
demands? What is this? is the regulation of a praetor for allies, or
the edict and command of an insane tyrant to conquered enemies? Am I to
give as much as he demands? He will demand every grain that I can get
out of my land. Am I to give all? Yes, and more too, if he chooses.
What, then, am I to do? What do you think? You must either pay, or you
will be convicted of having disobeyed the edict. O ye immortal gods,
what a state of things is this For it is hardly credible. And indeed. [26]
I am persuaded, O judges, that, though you should think that all other
vices are met in this man, still this must seem false to you. For I
myself, though all Sicily
told me of it, still should not dare to affirm this to you, if I was
not able to recite to you these edicts from his own documents in those
very words--as I will do. Give this, I pray you, to the clerk; he shall
read from the register. Read the edict about the returns of property.
[The edict about the returns of property is read.] He says I am not
reading the whole. For that is what he seems to intimate by shaking his
head. What am I passing over? is it that part where you take care of
the interests of the Sicilians, and show regard for the miserable
cultivators? For you announce in your edict, that you will condemn the
collector in eightfold damages, if he has taken more than was due to
him. I do not wish anything to be passed over. Read this also which he
requires; read every word. [The edict about the eightfold damages is
read.] Does this mean that the cultivator is to prosecute the collector
at law? It is a miserable and unjust thing for men to be brought from
the country into the forum, from the plough to the courts of justice;
from habits of rustic life to actions and trials to which they are
wholly unaccustomed.
XI.[27] When in all the other countries liable to
tribute, of Asia, of Macedonia, of Spain, of Gaul, of Africa, of
Sicily,
and in those parts of Italy
also which are so liable; when in all these, I say, the farmer in every
case has a right to claim and a power to distrain, but not to seize and
take possession without the interference of the law, you established
regulations respecting the most virtuous and honest and honourable
class of men,--that is, respecting the cultivators of the soil,--which
are contrary to all other laws. Which is the most just, for the
collector to have to make his claim, or for the cultivator to have to
recover what has been unlawfully seized? for them to go to trial when
things are in their original state, or when one side is ruined? for him
to be in possession of the property who has acquired it by hard labour,
or him who has obtained it by bidding for it at an auction? What more?
They who cultivate single acres, who never cease from personal labour,
of which class there were a great number, and a vast multitude among
the Sicilians before you came as praetor,--what are they to do? When
they have given to Apronius all he has demanded, are they to leave
their allotments? to leave their own household gods? to come to
Syracuse,
in order while you, forsooth, are praetor, to prosecute, by the equal
law which they will find there, Apronius, the delight and joy of your
life, in a suit for recovery of their property? [28]
But so be it. Some fearless and experienced cultivator will be found,
who, when he has paid the collector as much as he says is due, will
seek to recover it by course of law, and will sue for the eightfold
penalty. I look for the vigour of the edict, for the impartiality of
the praetor; I espouse the cause of the cultivator; I wish to see
Apronius
condemned in the eightfold penalty. What now does the cultivator
demand? Nothing but sentence for an eightfold penalty, according to the
edict. What says Apronius?
He is unable to object. What says the praetor? He bids him challenge
the judges. Let us, says he, make out the decuries. What decuries?
Those from my retinue; you will challenge the others. What? of what men
is that retinue composed? Of Volusius the soothsayer, and Cornelius
the physician, and the other dogs whom you see licking up the crumbs
about my judgment-seat. For he never appointed any judge or recuperator
from the proper body. He said all men who possessed one clod of earth
were unfairly prejudiced against the collectors. People had to sue
Apronius before these men who had not yet got rid of the surfeit from
his last banquet.
XII. What a splendid and memorable court! what an
impartial decision! what a safe resource for the cultivators of the
soil! [29]
And that you may understand what sort of decisions are obtained in
actions for the eightfold penalty, and what sort of judges those
selected from that man's retinue are considered to be, listen to this.
Do you think that any collector, when this licence was allowed him of
taking from the cultivator whatever he claimed, ever did demand more
than was due? Consider yourselves in your own minds, whether you think
any one ever did so, especially when it might have happened, not solely
through covetousness, but even though ignorance. Many must have done
so. But I say that all extorted more, and a great deal more, than the
proper tenths. Tell me of one man, in the whole three years of your
praetorship, who was condemned in the eightfold penalty. Condemned,
indeed! Tell me of one man who was ever prosecuted according to your
edict. There was not, in fact, one cultivator who was able to complain
that injustice had been done to him; not one collector who claimed one
grain more as due to him than really was due. Far from that. Apronius
seized and carried off whatever he chose from every one. In every
district the cultivators, harassed and plundered as they were, were
complaining, and yet no instance of a trial can be found. [30] Why is this? Why did so many bold,
honourable, and highly esteemed men--so many Sicilians, so many Roman
knights--when injured by one most worthless and infamous man, not seek
to recover the eightfold penalty, which had most unquestionably been
incurred? What is the cause, what is the reason? That reason alone, O
judges, which you see,--because they knew they should come off at the
trial defrauded and ridiculed. In truth, what sort of triad must that
be, when three of the profligate and abandoned retinue of Verres sat on
the tribunal under the name of judges?--slaves of Verres, not inherited
by him from his father, but recommended to him by his mistress. [31] The cultivator, forsooth, might
plead his cause; he might show that no corn was left him by
Apronius,--that
even his other property was seized; that he himself had been driven
away with blows. Those admirable men would lay their heads together,
they would chat to one another about revels and harlots, if they could
catch any when leaving the praetor. The cause would seem to be properly
heard: Apronius
would have risen, full of his new dignity as a knight; not like a
collector all over dirt and dust, but reeking with perfumes, languid
with the lateness of the last night's drinking party, with his first
motion, and with his breath he would have filled the whole place with
the odour of wine, of perfume, and of his person. He would have said,
what he repeatedly has said, that he had bought, not the tenths, but
the property and fortunes of the cultivators; that he, Apronius, was
not a collector, but a second Verres,--the
absolute lord and master of those men. And when he had said this, those
admirable men of Verres's train, the judges, would deliberate, not
about acquitting Apronius, but they would inquire how they could
condemn the cultivator himself to pay damages to Apronius.
XIII.[32] When you had granted this licence for
plundering the cultivators to the collectors of the tenths,--that is,
to Apronius,--by
allowing him to demand as much as he chose, and to carry off as much as
he demanded, were you preparing this defence for your trial,--that you
had promised by edict that you would assign judges in a trial for an
eightfold penalty? Even if in truth you were to give power to the
cultivator, not only to challenge his judges, but even to pick them out
of the whole body of the Syracusan assembly, (a body of most eminent
and honourable men,) still no one could bear this new sort of
injustice,--that, when one has given up the whole of one's produce to
the farmer, and had one's property taken out of one's hands, then one
is to endeavour to recover one's property and to seek its restitution
by legal proceedings. [33] But when
what
is granted by the edict is, in name indeed, a trial, but in reality a
collusion of your attendants, most worthless men, with the collectors,
who are your partners, and besides that, with the judges, do you still
dare to mention that trial, especially when what you say is refuted,
not merely by my speech, but by the facts themselves? when in all the
distresses of the cultivators of the soil, and all the injustice of the
collectors, not only has no trial ever taken place according to that
splendid edict, but none has ever been so much as demanded? [34]
However, he will be more favourable to the cultivators than he appears;
for the same man who has announced in his edict that he will allow a
trial against the collectors, in which they shall be liable to an
eightfold penalty, had it also set down in his edict, that he would
grant a similar trial against the cultivators, in which they should be
liable to a fourfold penalty. Who now dares to say that this man was
unfavourably disposed or hostile to the cultivators? How much more
lenient is he to them than to the collectors? He has ordered in his
edict that the Sicilian magistrate should exact from the cultivator
whatever the collector declared ought to be paid to him. What sentence
has he left behind, which can be pronounced against a cultivator of the
soil It is not a bad thing, says he, for that fear to exist; so that,
when the money has been exacted from the cultivator, still there will
be behind a fear of the court of justice, to prevent him from stirring
himself. If you wish to exact money from me by process of law, remove
the Sicilian magistrate. If you employ this violence, what need is
there of a process of law? Moreover, who will there be who would not
prefer paying to your collectors what they demand, to being condemned
in four times the amount by your attendants.
XIV.[35] But that is a splendid clause in the edict,
that
gives notice that in all disputes which arise between the cultivator
and the collector, he will assign judges, if either party wishes it. In
the first place, what dispute can there be when he who ought to make a
claim, makes a seizure instead? and when he seizes, not as much as is
due, but as much as he chooses? and when he, whose property is seized,
cannot possibly recover his own by a suit at law? In the second place,
this dirty fellow wants even in this to seem cunning and wily; for he
frames his edict in these words--“If either wishes it, I will assign
judges.” How neatly does he think he is robbing him! He gives each
party the power of choice; but it makes no difference whether he
wrote--“If either wishes it," or "If the collector wishes it.” For the
cultivator will never wish for those judges of yours.
[36] What next? What sort of edicts are those which
he issued to meet particular occasions, at the suggestion of Apronius?
When Quintus Septitius, a most honourable man, and a Roman knight,
resisted Apronius,
and declared that he would not pay more than a tenth, a sudden special
edict makes its appearance, that no one is to remove his corn from the
threshing-floor before he has settled the demands of the collector.
Septitius put up with this injustice also, and allowed his corn to be
damaged by the rain, while remaining on the threshing-floor, when on a
sudden that most fruitful and profitable edict comes out, that every
one was to have his tenths delivered at the water-side before the first
of August. [37] By this edict, it
was not
the Sicilians, (for he had already sufficiently crushed and ruined them
by his previous edicts,) but all those Roman knights who had fancied
that they could preserve their rights against Apronius, excellent men,
and highly esteemed by other praetors, who were delivered bound hand
and foot into the power of Apronius.
For just listen and see what sort of edicts these are. “A man,” says
he, “is not to remove his corn from the threshing-floor, unless he has
settled all demands.” This is a sufficiently strong inducement to
making unfair demands; for I had rather give too much, than not remove
my corn from the threshing-floor at the proper time. But that violence
does not affect Septitius, and some others like Septitius, who say, “I
will rather not remove my corn, than submit to an extortionate demand.”
To these then the second edict is opposed. “You must have delivered it
by the first of August.” I will deliver it then.--“Unless you have
settled the demands, you shall not remove it.” So the fixing of the day
for delivering it at the waterside, compelled the man to remove his
corn from the threshing floor. And the prohibition to remove, unless
the demand were settled, made the settlement compulsory and not
voluntary.
XV.[38] But what follows is not only contrary to the
law of Hiero,
not only contrary to the customs of all former praetors, but even
contrary to all the rights of the Sicilians, which they have as granted
them by the senate and people of Rome,--that they shall not be forced
to give security to appear in any courts of justice but their own.
Verres
made a regulation that the cultivator should appear to an action
brought by a collector in any court which the collector might choose.
So that in this way also gain might accrue to Apronius, when he dragged
a defendant all the way from Leontini to Lilybaeum
to appear before the court there, by making false accusations against
the wretched cultivators. Although that device for false accusation was
also contrived with singular cunning, when he ordered that the
cultivators should make a return of their acres, as to what they were
sown with. And this had not only great power in causing most iniquitous
claims to be submitted to, as we shall show hereafter, and that too
without any advantage to the republic, but at the same time it gave a
great handle to false accusations, which all men were liable to if
Apronius chose. [39]
For, as any one said anything contrary to his inclination, immediately
he was summoned before the court on some charge relative to the returns
made of his lands. Through fear of which action a great quantity of
corn was extorted from many, and vast sums were collected; not that it
was really difficult to male a correct return of a man's acres, or even
to make an extravagantly liberal one, (for what danger could there be
in doing that?) but still it opened a pretext for demanding a trial
because the cultivator had not made his return in the terms of the
edict. And you must feel sure what sort of trial that would be while
that man was praetor, if you recollect what sort of a train and retinue
he had about him. What is it, then, which I wish you to understand, O
judges, from the iniquity of these new edicts? That any injury has been
done to our allies? That you see. That the authority of his
predecessors has been overruled by him? He will not dare to deny it.
XVI.[40] That Apronius
had such great influence while he was praetor? That he must unavoidably
confess. But perhaps you will inquire in this place, as the law reminds
you to do, whether he himself has made any money by this conduct. I
will show you that he has made vast sums, and I will prove that he
established all those iniquitous rules which I have mentioned before,
with no object but his own profit, when I have first removed out of his
line of defence that rampart which he thinks he shall be able to employ
against all my attacks.
I sold, says he, the tenths at a high price. What are you
saying?
Did you, O most audacious and senseless of men, sell the tenths? Did
you sell those portions which the senate and people of Rome
allowed you to sell, or the whole produce; and in that the whole
property and fortunes of the cultivators? If the crier had openly given
notice by your order, that there was being sold, not a tenth, but half
the corn, and if purchasers had come with the idea of buying half the
corn--if then you had sold the half for more than the other praetors
had sold the tenth part of it, would that seem strange to any one? But
what shall we say if the crier gave notice of a sale of the tenths, but
if, in fact, by your regulation,--by your edict,--by the terms of the
sale which you offered, more than a half portion Was sold? Will you
still think that creditable to yourself, to have sold what you had no
right to sell for more than others sold what they fairly could? [41] Oh, you sold the tenths for more
than others had sold them. By what means did you manage that? by
innocent means? Look at the temple of Castor, and then, if you dare,
talk of your innocent means. By your diligence? Look at the erasures in
your registers at the name of Sthenius of Thermae,
and then have the face to call yourself diligent. By your ability? You
who refused at the former pleadings to put questions to the witnesses,
and preferred presenting yourself dumb before them, pray call yourself
and your advocates able men as much as you please. By what means, then,
did you manage what you say you did? For it is a great credit to you if
you have surpassed your predecessors in ability, and left to your
successors your example and your authority. Perhaps you had no one
before you fit to imitate. But, no doubt, all men will imitate you, the
investor and first parent of such excellent methods.
[42]
What cultivator of the soil, when you were praetor, paid a tenth? Who
paid two-tenths only? Who was there who did not think himself treated
with the greatest lenity if he paid three tenths instead of one, except
a few men, who, on account of a partnership with you in your robberies,
paid nothing at all? See how great a difference there is between your
harshness and the kindness of the senate. The senate, when owing to any
necessity of the republic it is compelled to decree that a second tenth
shall be exacted, decrees that for that second tenth money be paid to
the cultivators, so that the quantity which is taken beyond what is
strictly due may be considered to be purchased, not to be taken away.
You, when you were exacting and seizing so many tenths, not by a decree
of the senate, but by your own edicts and nefarious regulations, shall
you think that you have done a great deed if you sell them for more
than Lucius Hortensius, the father of this Quintus Hortensius,
did,--than Cnaeus Pompeius or Caius Marcellus sold them for; men who
did not violate justice, or law, or established rules?
[43]
Were you to consider what might be got in one year, or in two years,
and to neglect the safety of the province, the well-doing of the corn
interest, and the interests of the republic in future times, though you
came to the administration of affairs when matters were so managed that
sufficient corn was supplied to the Roman people from Sicily,
and still it was a profitable thing for the cultivators to plough and
till their land? What have you brought about? What have you gained? In
order that, while you were praetor, some addition might be made to the
revenue derived from the tenths, you have caused the allotments of land
to be deserted and abandoned. Lucius Metellus succeeded you. Were you
more innocent than Metellus? Were you more desirous of credit and
honour? For you were seeking the consulship, but Metellus
neglected the renown which he had inherited from his father and his
grandfather. He sold the tenths for much less, not only than you had
done, but even than those had who had sold them before you.
XVII. I ask, if he himself could not contrive any means
for
selling them at the best possible price, could he not follow in the
fresh steps of you the very last praetor, so as to use your admirable
edicts and regulations, invented and devised by you their author? [44] But he thought
that he should not at all be a Metellus if he imitated you in anything;
he who when he thought that he was to go to that province sent letters
to the cities of Sicily from Rome,
a thing which no one in the memory of man ever did before, in which he
exhorts and entreats the Sicilians to plough and sow their land for the
service of the Roman
people. He begs this some time before his arrival, and at the same time
declares that he will sell the tenths according to the law of Hiero;
that is to say, that in the whole business of the tenths he will do
nothing like that man. And he writes this, not from being impelled by
any covetousness to send letters into the province before his time, but
out of prudence, lest, if the seed-time passed, we should have not a
single grain of corn in the province of Sicily. See Metellus's letters.
[45] Read the letter of Lucius
Metellus. [The letters of Lucius Metellus are read.]
XVIII. It is these letters, O judges, of Lucius
Metellus,
which you have heard, that have raised all the corn that there in this
year in Sicily. No one would have broken one clod of earth in all the
land of Sicily subject to the payment of tenths, if Metellus had not
sent this letter. What? Did this idea occur to Metellus by inspiration,
or had he his information from the Sicilians who had come to Rome in
great numbers, and from the traders of Sicily? And who is ignorant what
great crowds of them assembled at the door of the Marcelli, the most
ancient patrons of Sicily? what crowds of them thronged to Cnaeus
Pompeius,
the consul elect, and to the rest of the men connected with the
province? And such a thing never yet took place in the instance of any
one, as for a man to be openly accused by those people over whose
property and families he had supreme dominion and power. So great was
the effect of his injuries, that men preferred to suffer anything,
rather than not to bewail themselves and complain of his wickedness and
injuries. [46]
And when Metellus
had sent these letters couched in almost a supplicating tone to all the
cities, still he was far from prevailing with them to sow the land as
they formerly had. For many had fled, as I shall presently show, and
had left not only their allotments of land, but even their paternal
homes, being driven away by the injuries of that man. I will not
indeed, O judges, say anything for the sake of unduly exaggerating my
charges. But the sentiments which I have imbibed through my eyes and in
my mind, those I will state to you truly, and, as far as I can,
plainly. [47] For when four years
afterwards I came into Sicily,
it appeared to me in such a condition as those countries are apt to be
in, in which a bitter and long war has been carried on. Those plains
and fields which I had formerly seen beautiful and verdant, I now saw
so laid waste and desolate that the very land itself seemed to feel the
want of its cultivators, and to be mourning for its master. The land of
Herbita, of Enna, of Morgantia, of Assoria, of Imachara, and of
Agyrium,
was so deserted as to its principal part, that we had to look not only
for the allotments of land, but also for the body of owners. But the
district of Aetna, which used to be most highly cultivated, and that
which was the very head of the corn country, the district of Leontini,
the character of which was formerly such that when you had once seen
that sown, you did not fear any dearness of provisions, was so rough
and unsightly, that in the most fruitful part of Sicily we were asking
where Sicily could be gone? The previous year had, indeed, greatly
shaken the cultivators, but the last one had utterly ruined them.
XIX.[48] Will you dare also to make mention to me of
the tenths?
Do you, after such wickedness, after such cruelty, after such numerous
and serious injuries done to people, when the whole province of Sicily
entirely depends on its arable land, and on its rights connected with
that land; after the cultivators have been entirely ruined, the fields
deserted--after you have left no one in so wealthy and populous a
province--not only no property, but no hope even remaining; do you, I
say, think that you can acquire any popularity by saying that you have
sold the tenths at a better price than the other praetors? As if the
Roman
people had formed this wish, or the senate had given you this
commission, by seizing all the fortunes of the cultivators under the
name of tenths, to deprive the Roman
people for all future time of that revenue, and of their supply of
corn; and, as if after that, by adding some part of your own plunder to
the total amount got from the tenths, you could appear to have deserved
well of the Roman
people. And I say this, as if his injustice was to be reproved in this
particular, that, out of a desire for credit to be got by surpassing
others in the sum derived from tenths, he had put forth a law rather
too severe, and edicts rather too stringent, and rejected the examples
of all his predecessors. [49] You
sold
the tenths at a high price. What will be said, if I prove that you
appropriated and took to your own house no less a sum than you had sent
to Rome
under the name of tenths? What is there to obtain popularity for you in
that plan of yours, when you took for yourself from a province of the
Roman people a share equal to that which you sent to the Roman people?
What will be said if I prove that you took twice as much corn yourself
as you sent to the Roman
people? Shall we still expect to see your advocate toss his head at
this accusation, and throw himself on the people, and on the assembly
here present? These things you have heard before, O judges; but perhaps
you have heard it on no other authority than report, and the common
conversation of men. Know now that an enormous sum was taken by him on
pretences connected with corn; and consider at the same time the
profligacy of that saying of his, when he said that by the profit made
on the tenths alone, he could buy himself off from all his dangers.
XX.[50] We have heard this for a long time, O judges. I
say that
there is not one of you who has not often heard that the collectors of
the tenths were that mans partners. I do not think that anything else
has been said against him falsely by those who think ill of him but
this. For they are to be considered partners of a man, with whom the
gains of a business are shared. But I say that the whole of these
gains, and the whole of the fortunes of the cultivators, went to Verres
alone. I say that Apronius, and those slaves of Venus,
who were quite a new class of farmers first heard of in his
praetorship! and the other collectors, were only agents of that one
man's gains, and ministers of his plunder. How do you prove that? [51]
How did I prove that he had committed robbery in the contract for those
pillars? Chiefly, I think, by this fact, that he had put forth an
unjust and unprecedented law. For who ever attempted to change all the
rights of people, and the customs of all men, getting great blame for
so doing, except for some gain? I will proceed and carry this matter
further. You sold the tenths according to an unjust law, in order to
sell them for more money. Why, when the tenths were now knocked down
and sold,--when nothing could now be added to their sum total, but much
might be to your own gains,--why did new edicts appear, made on a
sudden and to meet an emergency? For I say, that in your third year you
issued edicts, that a collector might summon a man before the court
anywhere he liked; that the cultivator might not remove his corn from
the threshing-floor, before he had settled the claims of the collector;
that they should have the tenths delivered at the water-side before the
first of August. All these edicts, I say, you issued after the tenths
had been sold. But if you had issued them for the sake of the republic,
notice would have been given of them at the time of selling; because
you were acting with a view to your own interest, you, being prompted
by your love of gain and by the emergency, repaired the omission which
had unintentionally occurred. [52]
But
who can be induced to believe this--that you, without any profit, or
even without the greatest profit to yourself, disregarded the great
disgrace, the great danger to your position as a free man, and to your
fortunes, which you were incurring, so far as, though you were daily
hearing the groans and complaints of all Sicily,--though,
as you yourself have said, you expected to be brought to trial for
this,--though the hazard of this present trial is not at all
inconsistent with the opinion you yourself had formed,--still to allow
the cultivators of the soil to be harassed and plundered with
circumstances of the most scandalous injustice? In truth, though you
are a man of singular cruelty and audacity, still you would be
unwilling for a whole province to be alienated from you,--for so many
most honourable men to be made your greatest enemies, if your desire
for money and present booty had not overcome all reason and all
consideration of safety. [53] But,
O
judges, since it is not possible for me to detail to you the sum total
and the whole number of his acts of injustice,--since it would be an
endless task to speak separately of the injuries done to each
individual,--I beg you, listen to the different kinds of injustice.
XXI. There is a man of Centuripa,
named Nympho, a clever and industrious man, a most experienced and
diligent cultivator. He, though he rented very large allotments, (as
other rich men like him have been in the habit of doing in Sicily,)
and though he cultivated them at great expense, keeping a great deal of
stock, was treated by that man with such excessive injustice, that he
not only abandoned his allotments, but even fled from Sicily, and came
to Rome
with many others who had been driven away by that man. He then
contrived that the collector should assert that Nympho had not made a
proper return of his number of acres, according to that notable edict,
which had no other object except making profit of this sort. [54] As Nympho
wished to defend himself in a regular action, he appoints some
excellent judges, that same physician Cornelius, (his real name is
Artemidorus, a citizen of Perga, under which name he had formerly in
his own country acted as guide to Verres, and as prompter in his
exploit of plundering the temple of Diana,) and Volusius the
soothsayer, and Valerius
the crier. Nympho was condemned before he had fairly got into court. In
what penalty? perhaps you will ask, for there was no fixed sum
mentioned in the edict In the penalty of all the corn which was on his
threshing-floors. So Apronius
the collector takes, by a penalty for violating an edict, and not by
any rights connected with his farming the revenue--not the tenth that
was due, not corn that had been removed and concealed, but seven
thousand medimni of wheat--from the allotments of Nympho.
XXII.[55] A farm belonging to the wife of Xeno
Menenius, a most
noble man, had been let to a settler. The settler, because he could not
bear the oppressive conduct of the collectors, had fled from his land.
Verres
gave his favourite sentence of condemnation against Xeno for not having
made a return of his acres. Xeno said that it was no business of his;
that the farm was let. Verres
ordered a trial to take place according to this formula,--“If it should
appear” that there were more acres in the farm than the settler had
returned, then Xeno was to be condemned. He said not only that he had
not been the cultivator of the land, which was quite sufficient, but
also that he was neither the owner of that farm, nor the lessor of it;
that it belonged to his wife; that she herself transacted her own
affairs; that she had let the land. A man of the very highest
reputation, and of the greatest authority, defended Xeno, Marcus
Cossetius. Nevertheless Verres ordered a trial, in which the penalty
was fixed at eighty thousand sesterces.
Xeno, although he saw that judges were provided for him out of that
band of robbers, still said that he would stand the trial. Then that
fellow, with a loud voice, so that Xeno might hear it, orders his
slaves of Venus
to take care the man does not escape while the trial is proceeding, and
as soon as it is over to bring him before him. And at the same time he
said also, that he did not think that, if from his riches he
disregarded the penalty of a conviction, he would also disregard the
scourge. He, under the compulsion of this violence and this fear, paid
the collectors all that Verres commanded.
XXIII.[56] There is a citizen of Morgentia, named
Polemarchus, a virtuous and honourable man. He, when seven hundred medimni
were demanded as the tenths due on fifty acres, because he refused to
pay them, was summoned before the praetor at his own house; and, as he
was still in bed, he was introduced into his bed-chamber, into which no
one else was admitted, except his woman and the collector. There he was
beaten and kicked about till, though he had refused before to pay seven
hundred medimni, he now promised a thousand. Eubulides
Grosphus is a man of Centuripa,
a man above all others of his city, both for virtue and high birth, and
also for wealth. They left this man, O judges, the most honourable man
of a most honourable city, not merely only so much corn, but only so
much life as pleased Apronius.
For by force, by violence, and by blows, he was induced to give corn,
not as much as he had, but as much as was demanded of him, which was
even more. [57] Sostratus, and
Numenius, and Nymphodorus,
of the same city, three brothers of kindred sentiments, when they had
fled from their lands because more corn was demanded of them than their
lands had produced, were treated thus,--Apronius
collected a band of men, came into their allotments, took away all
their tools, carried off their slaves, and drove off their live stock.
Afterwards, when Nymphodorus came to Aetna
to him, and begged to have his property restored to him, he ordered the
man to be seized and hung up on a wild olive, a tree which is the forum
there; and an ally and friend of the Roman
people, a settler and cultivator of your domain, hung suspended from a
tree in a city of our allies, and in the very forum, for as long a
period as Apronius chose. [58]
I have now been recounting to you, O judges, the species of countless
injuries which he has wrought,--one of each sort. An infinite host of
evil actions I pass over. Place before your own eyes, keep in your
minds, these invasions by collectors of the whole of Sicily, their
plunderings of the cultivators of the soil, the harshness of this man,
the absolute reign of Apronius.
He despised the Sicilians; he did not consider them as men, he thought
that they would not be vigorous in avenging themselves, and that you
would treat their oppression lightly.
XXIV.[59] Be it so. He adopted a false opinion about
them, and a
very injurious one about you. But while he deserved so ill of the
Sicilians, at least, I suppose, he was attentive to the Roman citizens;
he favoured them; he was wholly devoted to securing their good-will and
favour? He attentive to the Roman
citizens? There were no men to whom he was more severe or more hostile.
I say nothing of chains, of imprisonment, of scourgings, of executions.
I say nothing even of that cross which he wished to be a witness to the
Roman
citizens of his humanity and benevolence to them. I say nothing, I say,
of all this, and I put all this off to another opportunity. I am
speaking about the tenths,--about the condition of the Roman
citizens in their allotments; and how they were treated you heard from
themselves. They have told you that their property was taken from them.
[60] But since there was such
a cause for
it as there was, these things are to he endured,--I mean, the absence
of all influence in justice, of all influence in established customs.
There are, in short, no evils, O judges, of such magnitude that bravo
men, of great and free spirit, think them intolerable. What shall we
say if, while that man was praetor, violent hands were, without any
hesitation, laid by Apronius on Roman
knights, who were not obscure, nor unknown, but honourable, and even
illustrious? What more do you expect? What more do you think I can say?
Must I pass as quickly as possible from that man and from his actions,
in order to come to Apronius, as, when I was in Sicily, I promised him
that I would do?--who detained for two days in the public place at
Leontini, Caius Matrinius, a man, O judges, of the greatest virtue, the
greatest industry, the highest popularity. Know, O judges, that a Roman
knight was kept two days without food, without a roof over his head, by
a man born in disgrace, trained in infamy, practiced in accommodating
himself to all Verres's vices and lusts; that he was kept and detained
by the guards of Apronius two days in the forum at Leontini, and not
released till he had agreed to submit to his terms.
XXV.[61] For why, O judges, should I speak of Quintus
Lollius, a Roman knight of tried probity and honour? (the matter which
I am going to mention is clear, notorious, and undoubted throughout all
Sicily;)--who, as he was a cultivator of the domain in the district of
Aetna,
and as his farm belonged to Apronius's district as well as the rest,
relying on the ancient authority and influence of the equestrian order,
declared that he would not pay the collectors more than was due from
him to them. His words are reported to Apronius. He laughed, and
marveled that Lollius had heard nothing of Matrinius or of his other
actions. He sends his slaves of Venus
to the man. Remark this also, that a collector had officers appointed
to attend him by the praetor; and see if this is a slight argument that
he abused the name of the collectors to purposes of his own gain.
Lollius is brought before Apronius by the slaves of Venus, and dragged
along, at a convenient moment, when Apronius had just returned from the
palaestra, and was lying on a couch which he had spread in the forum of
Aetna Lollius is placed in the middle of that seemly banquet of
gladiators. [62]
I would not, in truth, O judges, believe the things which I am now
saying although I heard them commonly talked about, if the old man had
not himself told them to me in the most solemn manner, when he was with
tears expressing his thanks to me and to the willingness with which I
had undertaken this accusation. A Roman knight, I say, nearly ninety
years old, is placed in the middle of Apronius's banquet, while
Apronius
in the meantime was rubbing his head and face with ointment. “What is
this, Lollius,”
says he; “cannot you behave properly, unless you are compelled by
severe measures?” What was the man to do? should he hold his tongue, or
answer him? In truth he, a man of that bright character, and that age,
did not know what to do. Meantime Apronius
called for supper and wine; and his slaves, who were of no better
manners than their master, and were born of the same class and in the
same rank of life, brought these things before the eyes of Lollius. The
guests began to laugh, Apronius
himself roared; unless, perchance, you suppose that he did not laugh in
the midst of wine and feasting, who even now at the time of his danger
and ruin cannot suppress his laughter. Not to detain you too long;
know, O judges, that Quintus Lollius, under the compulsion of these
insults, came into the terms and conditions of Apronius.
[63] Lollius, enfeebled by old age and disease,
could not come to give his evidence. What need have we of Lollius?
There is no one who is ignorant of this, no one of your own friends, no
one who is brought forward by you, no one at all who, if he is asked,
will say that he now hears this for the first time. Marcus Lollius, his
son, a most excellent young man, is present; you shall hear what he
says--For Quintus Lollius, his son, who was the accuser of Calidius,
a young man both virtuous and bold, and of the highest reputation for
eloquence, when being excited by these injuries and insults he had set
out for Sicily, was murdered on the way; and the crime of his death is
imputed indeed to fugitive slaves; but, in reality, no one in Sicily
doubts that he must be murdered because he could not keep to himself
his intentions respecting Verres.
He, in truth, had no doubt that the man who, under the prompting of a
mere love of justice, had already accused another, would be ready as an
accuser for him on his arrival, when he was stimulated by the injuries
of his father, and indignation at the treatment received by his family.
XXVI.[64] Do you now thoroughly understand, O judges,
what a
pest, what a barbarian has been let loose in your most ancient, most
loyal, and nearest province? Do you see now on what account Sicily,
which has before this endured the thefts, and rapine, and iniquities,
and insults of so many men, has not been able to submit to this
unprecedented, and extraordinary, and incredible series of injuries and
insults? All men are now aware why the whole province sought out that
man as a defender of its safety, from the effects of whose good faith,
and diligence, and perseverance Verres
could not possibly be saved. You have been present at many trials, you
know that many guilty and wicked men have been impeached within your
own recollection, and that of your ancestors. Have you ever seen any
one, have you ever heard of any one, who has lived in the practice of
such great, such open robberies, of such audacity, of such shameless
impudence? [65] Apronius had his
attendants of Venus
about him; he took them with him about the different cities; he ordered
banquets to be prepared and couches to be spread for him at the public
expense, and to be spread for him in the forum. Thither he ordered most
honourable men to be summoned, not only Sicilians, but even Roman
knights, so that men of the most thoroughly proved honour were detained
at his banquet, when none but the most impure and profligate men would
join him in a banquet. Would you, O most profligate and abandoned of
all mortals, when you knew these things, when you were hearing of them
every day, when you were seeing them, would you ever have allowed or
endured that such things should have taken place, to your own great
danger, if they had taken place without enormous profit to yourself?
Was it the profit made by Apronius,
and his most beastly conversation, and his flagitious caresses, that
had such influence with you, that no care for or thought of your own
fortunes ever touched your mind? [66]
You
see, O judges, what sort of conflagration, and how vast a torrent of
collectors spread itself with violence, not only over the fields but
also over all the other property of the cultivators; not only over the
property, but also over the rights of liberty and of the state. You see
some men suspended from trees; others beaten and scourged; others kept
as prisoners in the public place; others left standing alone at a
feast; others condemned by the physician and crier of the praetor; and
nevertheless the property of all of them is carried off from the fields
and plundered at the same time. What is all this? Is this the rule of
the Roman people? Are these the laws of the Roman
people? are these their tribunals? are these their faithful allies? is
this their suburban province? Are not rather all these things such that
even Athenio would not have done them if he had been victorious in
Sicily? I say, O judges, that the evidence of fugitive slaves would not
have equalled one quarter of the wickedness of that man.
XXVII. In this manner did he behave to individuals.
What more
shall I say? How were cities treated in their public capacity? You have
heard many statements and testimonies from some cities, and you shall
hear them from the rest. [67]
And first of all, listen to a brief tale concerning the people of
Agyrium, a loyal and illustrious people. The state of Agyrium is among
the first in all Sicily for honour;--a state of men wealthy before this
man came as praetor, and of excellent cultivators of the soil. When
this same Apronius had purchased the tenths of that district, he came
to Agyrium;
and when he had come thither with his regular attendants--that is to
say, with threats and violence,--he began to ask an immense sum, so
that when he had got his profit, he might depart. He said that he did
not wish to have any trouble, nut that, when he had got his money, he
would depart as soon as possible to some other city. All the Sicilians
are not contemptible men, if only our magistrates leave them alone; but
they are many, of sufficient courage, and very economical and
temperate, and among the very first is this city of which I am now
speaking, O judges. [68] Therefore
the men of Agyrium
make answer to this most worthless man, that they will give him the
tenths which are due from them, that they will not add to them any
profit for himself, especially since he had bought them an excellent
bargain. Apronius informs Verres, whose business it ready was, what was
going on.
XXVIII. Immediately, as if there had been some
conspiracy at Agyrium
formed against the republic, or as if the lieutenant of the praetor had
been assaulted, the magistrates and five principal citizens are
summoned from Agyrium at his command. They went to Syracuse. Apronius
is there. He says that those very men who had come had acted contrary
to the praetor's edict. They asked, in what? He answered, that he would
say in what before the judges. He, that most just man, tried to strike
his old terror into the wretched Agyrians; he threatened that he would
appoint their judges out of his own retinue. The Agyrians, being very
intrepid men, said that they would stand the trial. [69] That fellow put on the tribunal
Artemidorus Cornelius, the physician, Valerius, the crier, Tlepolemus,
the painter, and judges of that sort; not one of whom was a Roman
citizen, but Greek robbers of temples, long since infamous, and now all
Corneliuses. The Agyrians saw that whatever charge Apronius
brought before whose judges, he would very easily prove; but they
preferred to be convicted, and so add to his unpopularity and infamy,
rather than accede to his conditions and terms. They asked what formula
would be given to the judges on which to try them? He answered, “If it
appeared that they had acted contrary to the edict,” on which formula
he said that he should pronounce judgment. They preferred trying the
question according to a most unjust formula, and with most profligate
judges, rather than come to any settlement with him of their own
accord. He sent Timarchides
privately to them, to warn them, if they were wise, to settle the
matter. They refused. “What, then, will you do? Do you prefer to be
convicted each of you in a penalty of fifty thousand sesterces?”
They said they did. Then he said out loud, in the hearing of every one,
“Whoever is condemned, shall be beaten to death with rods.” On this
they began with tears to beg and entreat him to be allowed to give up
their cornfields, and all their produce, and their allotments, when
stripped of everything, to Apronius, and to depart themselves without
insult and annoyance. [70] These
were the terms, O judges, on which Verres sold the tenths. Hortensius
may say, if he pleases, that Verres sold them at a high price.
XXIX. This was the condition of the cultivators of the
soil
while that man was praetor; that they thought themselves exceedingly
well off, if they might give up their fields when stripped of
everything to Apronius, for they wished to escaped the many crosses
which were set before their eyes. Whatever Apronius
had declared to be due, that they were forced to give, according to the
edict. Suppose he declared more was due than the land produced? Just
so. How could that be? The magistrates were bound, according to his own
edict, to compel the payment. Well, but the cultivators could recover.
Yes, but Artemidorus was the judge. What next? What happened if the
cultivator had given less than Apronius
had demanded? A prosecution of the cultivator to recover a fourfold
penalty. Before judges taken from what body? From that admirable
retinue of most honourable men in attendance on the praetor. What more?
I say that you returned less than the proper number of acres: select
judges for the matter which is to be tried, namely, your violation of
the edict. Out of what class? Out of the same retinue. What will be the
end of it? If you are convicted, (and what doubt can there be about a
conviction with those judges?) you must be beaten to death with rods.
When these are the rules, these the conditions, will there be any one
so foolish as to think that what was sold were the tenths? Who believes
that nine parts were left to the cultivator? Who does not perceive that
that fellow considered as his own gain and plunder the property and
possessions and fortunes of the cultivators? From fear of the gods the
Agyrians said that they would do what they were commanded to.
XXX.[71] Listen now to what his orders were; and
conceal, if you can, that you are aware of what all Sicily
well knew, that the praetor himself was the farmer of the tenths, or
rather the lord and sovereign of all the allotments in the province. He
orders the Agyrians to take the tenths themselves in the name of their
city, and to give a compliment to Apronius.
If he had bought them at a high price, since you are a man who inquired
into the proper price with great diligence, who, as you say, sold them
at a high price, why do you think that a compliment ought to be added
as a present to the purchaser? Be it so; you did think so. Why did you
order them to add it? What is the meaning; of taking and appropriating
money, for which the law has a hold on you, if this is not it,--I mean
the compelling men by force and despotic power against their will to
give a compliment to another, that is to say, to give him money? [72] Well, what comes next? If they
were ordered to give some small compliment to Apronius, the delight of
the praetor's life, suppose that it was given to Apronius, if it seems
to you the compliment to Apronius, and not the plunder of the praetor.
You order them to take the tenths; to give Apronius a
compliment,--thirty-three thousand medimni of wheat.
What is this? One city is compelled by the command of the praetor to
give to the Roman
people out of one district almost food enough to support it for a
month. Did you sell the tenths at a high price, when such a compliment
was given to the collector? In truth, if you had inquired carefully
into the proper price, then when you were selling them, they would
rather have given ten thousand medimni more then, than
six hundred thousand sesterces
afterwards. It seems a great booty. Listen to what follows, and remark
it carefully, so as to be the less surprised that the Sicilians, being
compelled by their necessity, entreated aid from their patrons, from
the consuls, from the senate, from the laws, from the tribunals. [73] To pay Apronius for testing the
wheat which was given to him, Verres orders the Agyrians to pay
Apronius
three sesterces for every medimnus.
XXXI. What is this? When such a quantity of corn has
been
extorted and exacted under the name of a compliment, is money to be
exacted besides for testing the corn? Or could, not only Apronius, but
any one, if corn was to be served out to the army, disapprove of the
Sicilian corn, which Verres
might have measured on the threshing-floor, if he had liked? That vast
quantity of corn is given and extorted at your command. That is not
enough. Money is demanded besides. It is paid. That is too little. For
the tenths of barley more money is extorted. You order thirty thousand sesterces
to be paid. And so from one city there are extorted by force, by
threats, by the despotic power and injustice of the praetor
thirty-three thousand medimni of wheat, and besides
that, sixty thousand sesterces!
Are these things obscure? Or, even if all the world wished it, can
those things be obscure which you did openly, which you ordered in open
court, which you extorted when every one was looking on? concerning
which matters the magistrates and five chief men of Agyrium,
whom you summoned from their homes for the sake of your own gain,
reported your acts and commands to their own senate at home; and that
report, according to their laws, was recorded in the public registers,
and the ambassadors of the Agyrians, most noble men, are at Rome, and
have deposed to these facts in evidence. [74]
Examine the public letters of the Agyrians; after that the public
testimony of the city. Read the public letters. [The public letters are
read.] Read the public evidence. [The public evidence is read.] You
have remarked in this evidence, O judges, that Apollodorus, whose
surname is Pyragrus, the chief man of his city, have his evidence with
tears, and said that since the name of the Roman
people had been heard by and known to the Sicilians, the Agyrians had
never either said or done anything contrary to the interests of even
the meanest of the Roman
citizens; but that now they are compelled by great injuries, and great
suffering to give evidence in a public manner against a praetor of the
Roman people. You cannot, in truth. O Verres,
invalidate the evidence of this one city by your defence; so great a
weight is there in the fidelity of these men, such great indignation is
there at their injuries, such great conscientiousness is there in the
way in which they gave their evidence. But it is not one city alone,
but every city, that now being crushed by similar distresses pursues
you with deputations and public evidence.
XXXII.[75] Let us now, in regular order, proceed to see
in what way the city of Herbita,
an honourable and formerly a wealthy city, was harassed and plundered
by him. A city of what sort of men? Of excellent agriculturists, men
most remote from courts of law, from tribunals, and from disputes; whom
you, O most profligate of men, ought to have spared, whose interests
you ought to have consulted, the whole race of whom you ought most
carefully to have preserved. In the first year of your praetorship the
tenths of that district were sold for eighteen thousand medimni
of wheat. When Atidius, who was also his servant in the matter of
tenths, had purchased them, and when he had come to Herbita with the
title of' prefect, attended by the slaves of Verres, and when a place
where he might lodge had been assigned him by the public act of the
city, the people of Herbita are compelled to give him as a profit
thirty-seven thousand modii
of wheat, when the tenths of the wheat had been sold at eighteen
thousand. And they are compelled to give this vast quantity of wheat in
the name of their city, since the private cultivators of the soil had
already fled from their lands, having been plundered and driven away by
the injuries of the collectors. [76]
In the second year, when Apronius had bought the tenths of wheat for
twenty-five thousand modii, and when he himself had come
to Herbita
with his whole force and his whole band of robbers, the people was
compelled to give him in the name of the city a present of twenty-six
thousand modii of wheat, and a further gift of two
thousand sesterces. I am not quite sure about this
further gift, whether it was not given to Apronius
himself as wages for his trouble, and a reward for his impudence. But
concerning such an immense quantity of wheat, who can doubt that it
came to that robber of corn, Verres, just as the corn of Agyrium did?
But in the third year he adopted in this district the custom of
sovereigns.
XXXIII. They say that the barbarian kings of the
Persians
and Syrians are accustomed to have several wives, and to give to these
wives cities in this fashion:--that this city is to dress the woman's
waist, that one to dress her neck, that to dress her hair; and so they
have whole nations not only privy to their lusts, but also assistants
in it. [77]
Learn
that the licentiousness and lust of that man who thought himself king
of the Sicilians, was much the same. The name of the wife of Aeschrio,
a Syracusan, is Pippa, whose name has been made notorious over all
Sicily
by that man's profligacy, and many verses were inscribed on the
praetor's tribunal, and over the praetor's head, about that woman. This
Aeschrio, the imaginary husband of Pippa, is appointed as a new farmer
of the tenths of Herbita. When the men of Herbita
saw that if the business got into Aeschrio's hands they should be
plundered at the will of a most dissolute woman, they did against him
as far as they thought that they could go. Aeschrio bid on, for he was
not afraid that, while Verres
was praetor, the woman, who would be really the farmer, would ever be
allowed to lose by it. The tenths are knocked down to him at
thirty-five thousand medimni,
nearly half as much again as they had fetched the preceding year. The
cultivators were utterly destroyed, and so much the more because in the
preceding year they had been drained dry, and almost ruined. He was
aware that they had been sold at so high a price, that more could not
be squeezed out of the people; so he deducts from the sum total three
thousand six hundred medimni, and enters on the
registers thirty-one thousand four hundred.
XXXIV.[78] Docimus had bought the tenths of barley
belonging to the same district. This Docimus is the man who had brought
to Verres Tertia, the daughter of Isidorus the actor, having taken her
from a Rhodian flute-player. The influence of this woman Tertia
was greater with him than that of Pippa, or of all the other women, and
I had almost said, was as great in his Sicilian praetorship as that of
Chelidon had been in his city praetorship. There come to Herbita
the two rivals of the praetor, not likely to be troublesome to him,
infamous agents of most abandoned women. They begin to demand, to beg,
to threaten; but though they wished it, they were not able to imitate
Apronius.
The Sicilians were not so much afraid of Sicilians; still, as they put
forth false accusations in every possible way, the Herbitenses
undertake to appear in court at Syracuse.
When they had arrived there, they are compelled to give to
Aeschrio--that is, to Pippa--as much as had been deducted from the
original purchase-money, three thousand six hundred modii
of wheat. He was not willing to give to the woman who was really the
farmer too much profits out of the tenths, lest in that case she should
transfer her attention from her nocturnal gains to the farming of the
tributes. [79] The people of
Herbita
thought the matter was settled, when that man added,--“And what are you
going to give out of the barley to my little friend Docimus?
What are your intentions?” He transacted all this business, O judges,
in his chamber, and in his bed. They said that they had no commission
to give anything: “I do not hear you; pay him fifteen thousand sesterces.”
What were the wretched men to do I or how could they refuse? especially
when they saw the traces of the woman who was the collector fresh in
the bed, by which they understood that he had been inflamed to
persevere in his demand. And so one city of our allies and friends was
made tributary of two most debauched women while Verres was praetor.
And I now assert that that quantity of corn and those sums of money
were given by the people of Herbita
to the collectors in the name of the city. And yet by all that corn and
all that money they could not deliver their fellow citizens from the
injuries of the collectors. For after the property of the cultivators
was destroyed and carried off, bribes were still to be given to the
collectors to induce them to depart at length from their lands and from
their cities. [80] And so when
Philinus of Herbita,
a man eloquent and prudent, and noble in his own city, spoke in public
of the distress of the cultivators, and of their flight, and of the
scanty numbers that were left behind, you remarked, O judges, the
groans of the Roman
people, a great crowd of whom has always been present at this cause.
And concerning the scanty number of the cultivators I will speak at
another time.
XXXV. But at this moment a topic, which I had almost
passed
over, must not be altogether forgotten. For, in the name of the
immortal gods! how will you, I will not say tolerate, but how will you
bear even to hear of the sums which Verres subtracted from the sum
total? [81] Up
to this time there has been one man only since the first foundation of
Rome,
(and may the immortal gods grant that there may never be another,) to
whom the republic wholly committed herself, being compelled by the
necessities of the times and domestic misfortunes. He had such power,
that without his consent no one could preserve either his property, or
his liberty, or his life. He had such courage in his audacity, that he
was not afraid to say in the public assembly, when he was selling the
property of Roman
citizens, that he was selling his own booty. All his actions we not
only still maintain, but out of fear of greater inconveniences and
calamities, we defend them by the public authority. One decree alone of
his has been remodeled by a resolution of the senate, and a decree has
been passed, that these men, from the sum total of whose debts he had
made a deduction, should pay the money into the treasury. The senate
laid down this principle,--that even he to whom they had entrusted
everything had not power to diminish the total amount of revenue
acquired and procured by the valour of the Roman people.
[82]
The conscript fathers decided that he had no power to remit even to the
bravest men any portion of their debts to the state. And shall the
senators decide that you have lawfully remitted any to a most
profligate woman? The man, concerning whom the Roman people had
established a law that his absolute will should be the law to the Roman
people, still is found fault with in this one particular, out of
reverence for their ancient laws. Did you, who were liable to almost
every law, think that your lust and caprice was to be a law to you? He
is blamed for remitting a part of that money which he himself had
acquired. Shall you be pardoned who have remitted part of the revenue
due to the Roman people?
XXXVI.[83] And in this description of boldness he
proceeded even much more shamelessly with respect to the tenths of the
district of Segesta; for when he had knocked them down to this same
Docimus, for five thousand modii of wheat, and had added
as an extra present fifteen thousand sesterces, he
compelled the people of Segesta to take them of Docimus
at the same price in the name of their city; and you shall have this
proved by the public testimony of the Segestans. Read the public
testimony [The public testimony is read.] You have heard at what price
the city took the tenths from Docimus,--at five thousand modii
of wheat, and an extra gift. Learn now at what price he entered them in
his accounts as having been sold. [The law respecting the sale of
tithes, Caius Verres
being the praetor, is read.] You see that in this item three thousand
bushels of wheat are deducted from the sum total, and when he had taken
all this from the food of the Roman people, from the sinews of the
revenue, from the blood of the treasury, he gave it to Tertia
the actress? Shall I call it rather an impudent action, to extort from
allies of the state, or an infamous one to give it to a prostitute? or
a wicked one to take it away from the Roman
people, or an audacious one to make false entries in the public
accounts? Can any influence or any bribery deliver you from the
severity of these judges? And if it should deliver you, do you not
still see that the things which I am mentioning belong to another count
of the prosecution, and to the action for peculation?
[84]
Therefore I will reserve the whole of that class of offences, and
return to the charge respecting the corn and the tenths which I had
begun to speak of.
While this man was laying waste the largest and most fertile
districts by his own agency, that is to say by Apronius, that second
Verres,
he had others whom he could send, like hounds, among the lesser cities,
worthless and infamous men, to whom he compelled the citizens to give
either corn or money in the name of their city.
XXXVII. There is a man called Aulus Valentius in
Sicily,
an interpreter, whom Verres used to employ not only as an interpreter
of the Greek language,
but also in his robberies and other crimes. This interpreter, an
insignificant and needy man, becomes on a sudden a farmer of tenths. He
purchases the tenths of the territory of Lipara, a poor and barren
district, for six hundred medimni of wheat. The people
of Lipara are convoked: they are compelled to take the tenths, and to
pay Valentius thirty thousand sesterces
as profit. O ye immortal gods! which argument will you take for your
defence; that you sold the tenths for so much less than you might have
done,--that the city immediately, of its own accord, added to the six
hundred medimni thirty thousand sesterces
as a compliment, that is to say, two thousand medimni of
wheat? or that, after you had sold the tenths at a high price, you
still extorted this money from the people of Lipara against their will?
[85]
But why do I ask of you what defence you are going to employ, instead
of rather asking the city itself what you have done. Read the public
testimony of the Liparans, and after that read how the money was given
to Valentius. [The public testimony is read.] [The statement how the
money was paid, extracted out of the public accounts, is read.] Was
even this little state, so far removed out of your reach and out of
your sight, separated from Sicily,
placed on a barren and uncultivated island, turned as a sort of crown
to all your other iniquities, into a source of plunder and profit to
you in this matter of corn? You had given the whole island to one of
your companions as a trifling present, and still were these profits
from corn exacted from it as from the inland states? And therefore the
men who for so many years, before you came as praetor, were in the
habit of ransoming their lands from the pirates, now had a price set on
themselves, and were compelled to ransom themselves from you.
XXXVIII.[86] What more need I say? Was not more
extorted, under the name of a compliment, from the people of Tissa,
a very small and poor city, but inhabited by very hard-working
agriculturists and most frugal men, than the whole crop of corn which
they had extracted from their land? Among them you sent as farmer
Diognotus, a slave of Venus, a new class of collector altogether. Why,
with such a precedent as this, are not the public slaves at Rome
also entrusted with the revenues? In the second year of your
praetorship the Tissans are compelled against their will to give
twenty-one thousand sesterces as a compliment. In the
third year they were compelled to give thirty thousand medimni
of wheat to Diognotus, a slave of Venus, as a compliment! This
Diognotus, who is making such vast profits out of the public revenues,
has no deputy, no peculium at all. Doubt now, if you
can, whether this Venereal officer of Verres received such an immense
quantity of corn for himself, or exacted it for his master. [87]
And learn this also from the public testimony of the Tissans. [The
public testimony of the Tissans is read.] Is it only obscurely, O
judges, that the praetor himself is the farmer, when his officers exact
corn from the cities, levy money on them, take something more as a
compliment for themselves than they are to pay over to the Roman
people under the name of tenths? This was your idea of equity in your
command--this was your idea of the dignity of the praetor, to make the
slaves of Venus
the lords of the Sicilian people. This was the line drawn, these were
the distinctions of rank, while you were the praetor, that the
cultivators of the soil were to be considered in the class of slaves,
the slaves in the light of farmers of the revenue.
XXXIX.[88] What more shall I say? Were not the wretched
people of Amestratus,
after such vast tenths had been imposed upon them, that they had
nothing left for themselves, still compelled to pay money besides? The
tenths are knocked down to Marcus Caesius in the presence of deputies
from Amestratus and Heraclius, one of their deputies, is compelled at
once to pay twenty-two thousand sesterces. What is the
meaning of this? What is the meaning of this booty? of this violence?
of this plundering of the allies? If Heraclius
had been commissioned by his senate to purchase the tenths, he would
have purchased them; if he was not, how could he pay money of his own
accord? He reports to his fellow citizens that he has paid Caesius this
money. Learn his report from his letters. [89]
Read extracts from the public letters. [The public letters are read.]
By what decree of the senate was this permission given to the deputy?
By none. Why did he do so? He was compelled. Who says this? The whole
city. Read the public testimony. [The public testimony is read.] By the
same evidence you see that there was extorted from the same city in the
second year a sum of money in a similar manner, and given to Sextus
Vennonius. But you compel the Amestratines, needy men, after you have
sold their tenths for eight hundred medimni to
Banobalis, a slave of Venus,
(just notice the names of the farmers,) to add more still as a
compliment, than they had been sold for, though they had been sold at a
high price. They gave Banobalis eight hundred medimni of
wheat, and fifteen hundred sesterces. Surely that man
would never have been so senseless, as to allow more corn to be given
out of the domain of the Roman people to a slave of Venus than to the
Roman people itself, unless all that plunder had, under the name of the
slave, come in reality to himself. [90]
The people of Petra,
though their tenths had been sold at a high price, were, very much
against their will, compelled to give thirty-seven thousand sesterces
to Publius Naevius Turpio, a most infamous man, who was convicted of
assault while Sacerdos was praetor. Did you sell the tenths so
carelessly, that, when a medimnus cost fifteen sesterces,
and when the tenths were sold for three thousand medimni,
that is, for forty-five thousand sesterces, still three
thousand sesterces
could be given to the farmer as a compliment? “Oh, but I sold the
tenths of that district at a high price” he boasts, forsooth, not that
a compliment was given to Turpio, but that money was taken from the
Petrans.
XL.[91] What shall I say next? The Halicyans, the
settlers among
whom pay tenths, themselves have their lauds free from taxes. Were not
they also compelled to give to the same Turpio fifteen thousand sesterces,
when their tenths had been sold for a hundred medimni?
If, as you are especially anxious to do, you could prove that these
compliments all went to the farmers, and that none of them reached you,
still these sums, taken and extorted as they were by your violence and
injustice, ought to ensure your conviction; but, as you cannot persuade
any one that you were so foolish as to wish Apronius and Turpio,
two slaves, to become rich at your own risk and that of your children,
do you think that any one will doubt that through the instrumentality
of those emissaries all this money was really procured for you? [92] Again, Symmachus, a slave of
Venus,
is sent as farmer to Segesta, a city exempt from such taxes; he brings
letters from Verres,
to order the cultivators to appear in a court of some other city than
their own, contrary to every resolution of the senate, to all their
rights and privileges, and to the Rupilian law. Hear the letters which
he sent to the Segestans. [The letters of Caius Verres are read.] Now
learn by one bargain made with an honourable and respected man, how
this slave of Venus insulted the cultivators of the soil; for there are
other instances of this sort. [93]
There is a man of the name of Diocles, a citizen of Panormus,
surnamed Phimes, an illustrious man, and of high reputation as an
agriculturist, he rented a farm in the Segestan district, (for there
are no traders in that place,) for six thousand sesterces;
after having been assaulted by this slave of Venus, he settled with him
to give him sixteen thousand, six hundred, and sixty-four sesterces.
You may learn this from Verres's own accounts. [The items entered under
the name of Diocles of Panormus are read.] Anneius Brocchus
also, a senator, a man of a reputation, and of a virtue with which you
are all acquainted, was compelled to give money also besides corn to
this same Symmachus. Was such a man, a senator of the Roman people, a
subject of profit to a slave of Venus, while you were praetor?
XLI.[94] Even if you were not aware that this body
excelled all
others in dignity, were you not at least aware of this, that it
furnished the judges? Previously, when the equestrian order furnished
the judges, infamous and rapacious magistrates in the provinces were
subservient to the farmers; they honoured all who were in their employ;
every Roman
knight whom they saw in the province they pursued with attentions and
courtesies; and that conduct was not so advantageous to the guilty, as
it was a hindrance to many if they had acted in any respect contrary to
the advantage or inclination of that body. This sort of principle was
somehow or other diligently reserved among them as if by common
consent, that whoever had thought any Roman knight deserving of any
affront, was to be considered by their whole order as deserving of
every possible misfortune. [95]
Did you so despise the order of senators, did you so reduce everything
to the standard of your own insults and caprices, had you so
deliberated and fixed it in your own mind as an invariable rule, to
reject as judges every one who dwelt in Sicily, or who had been in
Sicily
while you were praetor, that it never occurred to you that still you
must come before judges of the same order? in whose minds, even if
there were no indignation from any personal injury done to themselves,
still there would be this thought, that they were affronted in the
affront offered to another, and that the dignity of their order was
contemptuously treated and trampled on, which, O judges, appears to me
not to be endured with patience, for insult has in it a sting which
modest and virtuous men can with difficulty put up with.
[96]
You have plundered the Sicilians, for indeed the provincials are
accustomed to obtain no revenge amid their wrongs. You have harassed
the brokers, for they seldom come to Rome, and never of their own
accord. You gave up a Roman knight to the ill-treatment of Apronius.
To be sure; for what harm can they do you now, when they cannot be
judges? What will you say when you treat senators also with the
greatest violence? what else can you say but this, “Give me up that
senator also, in order that the most honourable name of senator may
appear to exist not only to excite the envy of the ignorant, but also
to attract the insults of the worthless.” [97]
Nor did he do this in the case of Anneius alone, but in the instance of
every senator, so that the name of that order had not so much influence
in procuring honour as insult for its members. In the case of Caius
Cassius,
a most illustrious and most gallant man, though he was consul at that
very time, in the first year of his praetorship, he behaved with such
injustice, that, as his wife, a woman of the highest respectability,
had lands in Leontini,
inherited from her father, he ordered all her crops to be taken away
for tenths. You shall have him as a witness in this cause, O Verres,
since you have taken care not to have him as a judge.
[98]
But you, O judges, ought to think that there is some community of
interests, some close connection existing between the members of our
body; many offices are imposed on this our order, many toils, many
dangers, not only from the laws and courts of justice, but also from
vague reports, and from the critical character of the times; so that
this order is, as it were, exposed to view, and set on an eminence, in
order, as it seems, to be the more easily caught by every blast of
envy. In so miserable and unfair a condition of life, shall we not
retain even the honour of not appearing vile and contemptible in the
eyes of our own magistrates, when we appear before them to obtain our
rights?
XLII.[99] The men of Thermae
sent agents to purchase the tenths of their district. They thought it
was much better for them, that they should be purchased by their own
state at ever so high a price, than that they should get into the hands
of some emissary of his. A man of the name of Venuleius
had been put up to buy them. He did not cease from bidding. They went
on competing with him, as long as the price appeared such as could by
any possibility be borne. At last they gave up bidding. They are
knocked down to Venuleius at eight thousand modii of
wheat. Possidorus, the deputy of Thermae, sends notice home. Although
it appeared to every one a most intolerable hardship, still there were
given to Venuleius eight thousand modii of wheat, and
two thousand sesterces
besides, not to come near them. From which it is very evident which
part was the wages of the farmer, and which the booty of the praetor.
Give me the letters and testimony of the people of Thermae. [The
accounts of the people of Thermae, and their evidence, are read.] [100]
You compelled the Imacharans after you had taken away all their corn,
after they had been impoverished by your incessant injuries, miserable
and ruined as they were, to pay tribute so as to give Apronius twenty
thousand sesterces.
Read the decree about the tributes, and the public testimony. [The
Resolution of the Senate about the tribute to be paid, is read. [The
testimony of the Imacharans is read.] The people of Enna, though the
tenths of the territory of Enna had been sold for three thousand two
hundred medimni, were compelled to give Apronius
eighteen thousand modii of wheat, and three thousand sesterces.
I entreat you to remark what an enormous quantity of corn is extorted
from every district liable to the payment of tenths; for my speech
extends over every city which is so liable. And I am at present engaged
about this class of injuries, O judges, in which it is not a case of
single cultivators being stripped of all their property, but of
compliments being exacted from the public treasury of each city, for
the farmers, in order that at last they may depart from the lands and
cities glutted and satiated with this immense heap of gain.
XLIII.[101] Why in the third year of your praetorship
did you
order the Calactans to carry the tenths of their land, which they had
been accustomed to pay at Calacta, to Marcus Caesius the farmer of
Amestratus,
a thing which they had never done before you were praetor, and which
you yourself had never ordered in the two years preceding? Why was
Theomnastus the Syracusan sent by you into the district of Mutyca,
where he so harassed the cultivators, that for their second teethe they
were unavoidably forced to buy wheat, because they had actually none of
their own, (a thing which I shall prove happened also in the case of
other cities.) [102] But now, from
the agreements made with the people of Hybla, which were made with the
farmer Cnaeus Sergius,
you will perceive that six times as much corn as was sown was exacted
of the cultivators Read the accounts of the sowings and the agreements,
extracted from the public registers. Read. [The agreements of the
people of Hybla with Cnaeus Sergius,
extracted out of the public registers, are read.] Listen also to the
returns of the sowings, and the agreements of the men of Mena with that
slave of Venus. Read them out of the public registers. [The returns of
the Sowings, arid the agreements of the Menans with the servant of
Venus,
extracted from the public registers, are read.] Will you, O judges,
endure that a great deal more than has been produced should be exacted
from our allies, from the cultivators of the domain of the Roman
people, from those who are labouring for you, are in your service, who
are so eager that the Roman
people should be fed by them, that they only retain for themselves and
their children enough for their actual subsistence, and should be
exacted too with the greatest violence, and the most bitter insults? [103]
I feel, O judges, that I must now set some bounds to the length of my
speech, and that I must avoid wearying you. I will no longer dwell on
one kind of injury alone, and I will leave the other instances out of
my speech, though they will still make a part of my accusation. You
shall hear the complaints of the Agregentines, most gallant, and most
industrious men; you shall become acquainted, O judges, with the
sufferings and the injuries of the Entellans, a people of the greatest
perseverance and the greatest industry; the wrongs of the men of
Heraclea, and Gela, and Solentum
shall be mentioned: you shall be told of the fields of the Catanians, a
most wealthy people and most friendly to us, ravaged by Apronius: you
shall be made aware that the cities of Tyndaris, that most noble city,
of Cephalaedis, of Halentia, of Apollonia,
of Enguina, of Capitia, have been ruined by the iniquity of these
farmers; that actually nothing is left to the citizens of Ina, of
Murgentia, of Assoria, of Elorum, of Enna, and of Ietum; that the
people of Cetaria
and Acheria, small cities, are wholly crushed and destroyed; in short,
that all the lands liable to the payment of tenths have been for three
years tributary to the Roman people, to the extent of one tenth of
their produce, and to Caius Verres
to the extent of all the rest; that to most of the cultivators nothing
at all is left, that if anything was either remitted to or left to any
one, it was only just so much as remained of that property by which the
avarice of that man had bees satiated.
XLIV.[104] I have reserved the territories of two
cities, O judges, to speak of last, the best and noblest of all, the
territory of Aetna and that of Leontini:
I will say nothing of the gains made out of these districts in his
three years; I will select one year in order that I more easily may be
able to explain what I have settled to mention. I will take the third
year, because it is both the most recent, and because it has been
managed by him in such a way that, since he knew that he was certainly
going to depart, he evidently did not care if he left behind him not
one cultivator of the soil in all Sicily. We will speak of the tenths
of the territory of Aetna and Leontini. Give heed, O judges, carefully.
The lands are fertile; it is the third year; [105]
Apronius is the farmer. I will speak a little of the people of Aetna;
for they themselves at the former pleading spoke in the name of their
city. You recollect that Artemidorus of Aetna, the chief of that
deputation, said, in the name of his city, that Apronius had come to
Aetna with the slaves of Venus;
that he had summoned the magistrates before him; that he had ordered a
couch to be spread for him in the middle of the forum; that he was
accustomed every day to feast not only in public, but at the public
expense; that, when at those feasts the concert began to sound, and
slaves began to serve him with wine in large goblets, then he used to
detain the cultivators of the soil, and not only with injustice, but
even with insolence, to extort, from them whatever quantity of corn he
had ordered them to supply. [106]
You heard all these things, O judges, all which I now pass by and leave
unnoticed. I say nothing of the luxury of Apronius,
nothing of his insolence, nothing of his unexampled profligacy and
wickedness; I will only speak of the gain and profit made out of one
district in one year, so that you may the more easily be able to form
your conjectures of the whole three years and of the whole of Sicily;
but I do not mean to say much about the people of Aetna,
for they have come hither themselves, they have brought with them their
public documents; they have proved to you what gains were made by that
honest man, the intimate friend of the praetor, Apronius. I pray of you
learn this from their own testimony. Read the testimony of the people
of Aetna. [The testimony of the people of Aetna is read.]
XLV. What are you saying? Speak, speak, I pray you,
louder, that the Roman people may hear about its revenues, its
cultivators of the soil, its allies, and its friends. “Three hundred
thousand medimni; and fifty thousand sesterces.”
Oh, the immortal gods! Does one district in one year years three
hundred thousand modii of wheat, and fifty thousand sesterces
besides, as a compliment to Apronius?
Did the tenths sell for so much less than they were really worth? or,
though they had been sold at a sufficiently high price, was such a
quantity of corn and money nevertheless exacted by main force from the
cultivators? For whichever of these you say was the truth, blame and
criminality will attach to it.
[107] For you certainly will not say (what I wish
you would say) that this quantity never came to Apronius.
So I will hold you here, not only by the public covenants and letters,
but also from the private ones of the cultivators, so as to let you
understand that you were not mere diligent in executing robberies, than
I have been in detecting them. Will you be able to bear this? Will any
one defend you? Will these men be able to endure this, if they are
inclined to pronounce a sentence favourable to you,--that Quintus
Apronius,
at one visit, out of one district, (besides all the money which was
paid him, and which I have mentioned,) should have taken three hundred
thousand modii of wheat, under the name of a compliment?
[108] What! are they the men
of Aetna
alone who say this? Yes, the Centuripans also, who are in occupation of
far the largest part of the Aetnaean district, to whose ambassadors,
most noble men, Andron and Artemon,
their senate gave commissions which had reference to their city in his
public capacity, concerning those injuries which the citizens of
Centuripa sustained not in their own territories, but in those of
others. The senate and people of Centuripa did not choose to send
ambassadors; but the Centuripan cultivators of the soil, which is the
greatest body of such men in Sicily,
a body of most honourable and most wealthy men, themselves selected
three ambassadors, fellow citizens of their own, in order that by their
evidence you might be made aware of the calamities, not of one district
only, but of almost all Sicily. For the Centuripans are engaged as
cultivators of the soil in almost every part of Sicily.
And they are the more important and the more trustworthy witnesses
against you, because, the other cities ore influenced by their own
distresses alone, the Centuripans as they occupy land in almost every
district, have felt the injuries and wrongs of the other cities also.
XLVI.[109] But as I have said, the case of the men of
Aetna
is clear enough, and established both by public and by private
documents. The task allotted to my diligence is to be required of me
rather in the district of Leontini, for this reason, because the
Leontini
themselves have not assisted me much by their public authority. Nor, in
truth, while that fellow was praetor, did these injuries of the farmers
very greatly affect them, or rather, I might say, they did them good.
This may, perhaps, appear a marvellous or even an incredible thing to
you, that in such general distress of the cultivators of the soil, the
Leontini,
who were the heads of the corn interest, should have been free from
injury and calamity. This is the reason, O judges, that in the
territory of Leontini, no one of the Leontini,
with the exception of the single family of Mnasistratus, occupies any
land. And so, O judges, you shall hear the evidence of Mnasistratus, a
most honest and virtuous man. Do not expect to hear any others of the
Leontini, whom not only Apronius,
but whom even a tempest in their fields could not injure. They in truth
not only suffered no inconvenience, but even in the rapine of Apronius
they found gain and advantage. [110]
Wherefore, since the city and embassy of the Leontini
has failed me on account of the cause which I have mentioned, I must
devise a plan and contrive a way for myself by which I may get at the
gain of Apronius, or even at his enormous and wicked booty. The tenths
of the Leontini territory were sold in the third year of Verres's
praetorship for thirty-six thousand medimni of wheat;
that is, for two hundred and twenty-six thousand modii
of wheat. A great price, O judges, a great price; and I cannot deny it.
Therefore it is certain that there must have been a loss, or at all
events not a great gain to the farmers. For this very often happens to
men who have taken a contract at a high rate. [111]
What will you think if I prove to you that, by this one purchase, there
were made a hundred thousand modii
of profit? what if it was two hundred thousand? what if three? what if
four hundred thousand was the sum? Will you still doubt for whom that
immense booty was acquired? Will any one say that I am unfair if from
the mere magnitude of the gain made I form a conjecture as to the
direction of the stolen goods and plunder? What if I prove to you, O
judges, that those men who are making four hundred thousand modii
of profit would have suffered a loss if your iniquity, O Verres,
if judges of your retinue had not stepped in? Can any one doubt, in a
case of so much gain and so much iniquity, that you made such immense
profit by dishonest means? that for such immense gains you were willing
to be dishonest?
XLVII.[112] How then, O judges, am I to arrive at this
knowledge of how much profit was made? Not from the accounts of
Apronius,
for when I sought for them, I could not find them, and when I brought
him into court, I made him deny that he kept any accounts at all. If he
was telling lies, why did he remove them out of the way, if they were
likely to do you no harm? If he really had kept any accounts at all,
does not that alone prove plainly enough, that it was not his own
business that he was conducting? For it is a quality of tenths, that
they cannot be managed without many papers; for it is necessary to keep
an account of, and to set down in books the names of all the
cultivators, and with each name the amount of their tenth. All the
cultivators made returns of their acres according to your command and
regulation; I do not believe that any one made a return of a smaller
quantity than he had in cultivation, when there were so many crosses,
so many penalties, so many judges of that retinue before his eyes. On
an acre of Leontini ground about a medimnus
of wheat is usually sown, according to the regular and constant
allowance of seed. The land returns about eightfold on a fair average,
but in an extraordinarily favourable season, about tenfold. And
whenever that is the case, it then happens that the tenth is just the
same quantity as was sown; that is to say, as many acres as are sown,
so many medimni are due. [113]
As this was the case, I say first of all, that the tenths of the
territory of Leontini were sold for many more thousand medimni
than there were thousands of acres sown in the district of Leontini.
But if it was impossible for them to produce more than ten medimni
on an acre, and if it was fair that a medimnus
should be paid out of each acre liable to the payment of tenths, when
the land produced a tenfold crop, which however very seldom happened,
what was the calculation of the farmer if indeed it was the tenths of
the cultivator that were being sold, and no his whole property, when he
bought the tenths for many more medimni than there had
been acres sown? In the Lecutini district the list and return made of
acres is not more than thirty thousand.
XLVIII. The tenths were sold for thirty-six thousand medimni.
Did Apronius
make a blunder, or rather was he mad? Yes, he would indeed have been
mad if it had been lawful for the cultivators to give only what was due
from them, and had not rather been compulsory on them to give whatever
Apronius commanded. [114]
If I prove that no man gave less for his tenths than three medimni
to the acre, you will admit, I suppose, that, even supposing the
produce amounted to a tenfold crop, no one paid less than three tenths.
And indeed this was begged as a favour from Apronius, that they might
be allowed to compound at three medimni
an acre. For, as four and even five were exacted from many people, and
as many had not only not a grain of corn, but not even a wisp of straw
left out of all their crop and after all their year's labour; then the
cultivators of Centuripa, which are the main body of agriculturists in
the Leontini district, assembled in one place. They sent as a delegate
to Apronius, Andron of Centuripa, a man among the first of his state
for honour and nobility, (the same man whom now the city of Centuripa
has sent to this trial as a deputy and as a witness,) in order that he
might plead with him the cause of the cultivators of the soil, and beg
of him not to exact of the Centuripan cultivators more than three medimni
for each acre. [115] This request
was with difficulty obtained from Apronius,
as a most excessive kindness to those men who were even then safe. And
when this was obtained, this is what was obtained, forsooth, that they
might be allowed to pay three tenths instead of one. But if your own
interest had not been at stake in the matter, O Verres,
they would rather have entreated you not to be made to pay more than
one tenth, than have begged of a promise not to be made to pay more
than three. Now, that at the present time I may pass over those rules
which Apronius,
in a kingly, or rather in a tyrannical spirit, made with respect to the
cultivators, and that I may not at present call those men from whom he
took all their corn, and to whom he left nothing not only of their
corn, but nothing even of their property; just see how much gain is
made of these three medimni, which he considered as a
great favour and indulgence.
XLIX.[116] The return of acres in the district of
Leontini is thirty thousand. This amounts to ninety thousand medimni
of wheat that is to say, to five hundred and forty thousand modii
of wheat. Deduct two hundred and sixteen thousand modii
of wheat, being what the tenths were sold for, and there remain three
hundred and twenty-four thousand modii of wheat; add to
the sum total of five hundred and forty thousand modii
three fiftieths, that is to say, thirty-two thousand four hundred modii
of wheat, (for three fiftieths besides were exacted from every one;)
this now amounts to three hundred and fifty-six thousand four hundred modii
of wheat. But I said that four hundred thousand sesterces
of profit had been made. For I do not include in this calculation those
who were not allowed to compound at three medimni
an acre. But that by this present calculation I may make out the sum
which I promised to do, many were compelled besides to pay two sesterces,
and many even five, with each medimnus, and those who
had to pay least paid a sesterce with every medimnus. To
take the least of these sums, as we calculated there were ninety
thousand medimni, we must add to that, according to this
new and infamous example here given, ninety thousand sesterces.
[117]
Will he now dare to tell me, that he sold the tenths at a high price,
when he took for himself more than twice as much as he sent to the
Roman
people out of the same district? You sold the tenths of the Leontine
district for two hundred and sixteen thousand modii
of wheat? If you did so according to law, it was a fine price; if your
caprice was the law, it was a low price; if you sold them so that those
were called tenths which were in reality a half, you sold them at a
very low price. For the yearly produce of all Sicily might be sold for
much more, if that was what the senate or people of Rome had desired
you to do. Indeed, the tenths were often sold for as much, when they
were sold according to the law of Hiero, as they have been sold for now
under the law of Verres. Let me have the accounts of the sale of tenths
under Caius Norbanus. [The account of the sale of the tenths in the
Leontine district under Caius Norbanus is read.] And yet, then, there
were no trials about the return of acres; nor was Artemidorus Cornelius
a judge, nor did a Sicilian magistrate exact from a cultivator whatever
the farmer demanded; nor was it entreated as a favour from the farmer
to be allowed to compound at three medimni
an acre; nor was a cultivator obliged to give an additional present of
money, nor to add three-fiftieths of corn. And yet a area, quantity of
corn was sent to the Roman people.
L.[118] But what is the meaning of these fiftieths?
what is
the meaning of these additional presents of money? By what right, and,
what is more, in what manner did you do this The cultivator gave the
money. How or whence did he get it? If he had wished to be very
liberal, he would have used a more heaped up measure, as men formerly
used to do in the matter of the tenths, when they were sold by fair
laws, and on fair terms. He gave the money. Where did he get it? from
his corn? As if, while you were praetor, he had anything to sell.
Something, then, must be taken from his principal, in order to add this
pecuniary gratuity for Apronius
to all the profit which he derived from the lands. The next thing is,
Did they give it willingly or unwillingly? Willingly? They were very
fond, I suppose, of Apronius.
Unwillingly? How, then, were they compelled to do so, except by
violence and ill-treatment? Again; that man, that most senseless man,
in the selling of the tenths, caused additional sums to be added to
every tenth. It was not much; he added two or three thousand sesterces.
In the three years he made about five hundred thousand sesterces.
He did this neither according to any precedent, nor by any right; nor
did he make any return of that money; nor can any man ever imagine how
he is going to defend himself against this petty charge.
[119] And, as this is the
case, do you
dare to say that you sold the tenths at a high price, when it is
evident that you sold the property and fortunes of the cultivators, not
for the cake of the Roman people, but with a view to your own gain. As
if any steward, from a farm which had been used to produce ten thousand
sesterces,
having cut down and sold the trees, having taken away the buildings and
the stock, and having driven off all the cattle, sent his master twenty
thousand sesterces instead of ten, and made a hundred
thousand more for himself. At first the master, not knowing the injury
that had been done to him, would be glad, and be delighted with his
steward, because he had got so much more profit out of the farm; but
afterwards, when he heard that all those things on which the profit and
cultivation of his farm depends have been removed and sold, he would
punish his steward with the greatest severity, and think himself very
ill used. So also, the Roman people, when it hears that Caius Verres
has sold the tenths for more than that most innocent man, Caius
Sacerdos,
whom he succeeded, thinks that it has got a good steward and guardian
over its lands and crops; but when it finds out that he has sold all
the stock of the cultivators, all the resources of the revenue, and has
destroyed all the hopes of their posterity by his avarice,--that he has
devastated and drained the allotments and the Lands subject to
tribute,--that he has made himself most enormous gain and booty,--it
will perceive that it has been shamefully treated, and will think that
man worthy of the severest punishment.
LI.[120] By what, then, can this be made evident?
Chiefly by this fact, that the land of the province of Sicily
liable to the payment of tenths is deserted through the avarice of that
man. Nor does it happen only that those who have remained on their
lands are now cultivating a smaller number of acres, but also very many
rich men, farmers on a large scale, and skillful men, have deserted
large and productive farms, and abandoned their whole allotments. That
may be very easily ascertained from the public documents of the states;
because according to the law of Hiero
the number of cultivators is every year entered in the books by public
authority before the magistrates. Read now how many cultivators of the
Leontine district there were when Verres
took the government. Eighty-three. And how many made returns in his
third year? Thirty-two. I see that there were fifty-one cultivators so
entirely got rid of that they had no successors. How many cultivators
were there of the district of Mutyca,
when you arrived? Let us see from the public documents. A hundred and
eighty-eight. How many in your third year? A hundred and one. That one
district has to regret eighty-seven cultivators, owing to that man's
ill-treatment, and to that extent our republic has to regret the loss
of so many heads of families, and demands them back at his hand, since
they are the real revenues of the Roman people. The district of Herbita
had in his first year two hundred and fifty-seven cultivators; in his
third, a hundred and twenty. From this region a hundred and
thirty-seven heads of families have fled like banished men. The
district of Agyrium--what
men lived in that land! how honourable, how wealthy they were? --had
two hundred and fifty cultivators in the first year of your
praetorship. What had it in the third year? Eighty,--as you have heard
the Agyrian deputies read from their public documents.
LII.[121] O ye immortal gods! If you had driven away
out of the whole of Sicily a hundred and seventy cultivators of the
soil, could you, with impartial judges, escape condemnation? When the
one district of Agyrium
is less populous by a hundred and seventy cultivators, will not you, O
judges, form your conjectures of the state of the whole province? And
you will find nearly the same state of things in every district liable
to the payment of tenths, and that those to whom anything has been left
out of a large patrimony, have remained behind with a much smaller
stock, and cultivating a much smaller number of acres, because they
were afraid, if they departed, that they should lose all the rest of
their fortunes; but as for those to whom he had left nothing remaining
which they could lose, they have fled not only from their farms, but
from their cities. The very men who have remained--scarcely a tenth
part of the old cultivators of the soil--were about to leave all their
lands too, if Metellus had not sent letters to them from Rome, saying
that he would sell the tenths according to the law of Hiero;
and if he had not entreated them to sow as much land as they could,
which they had always done for their own sakes, when no one entreated
them, as long as they understood that they were sowing, and labouring,
and going to expense for themselves and for the Roman people,--not for
Verres and Apronius. [122]
But now, O judges, if you neglect the fortunes of the Sicilians,--if
you show no anxiety about the treatment the allies of the Roman people
receive from our magistrates,--at all events undertake and defend the
common cause of the Roman
people. I say that the cultivators have been driven out,--that the
lands subject to tribute have been devastated and drained by
Verres--that
the whole province has been depopulated and tyrannised over. All these
things I prove by the public documents of the cities, and by the
private evidence of most unimpeachable men.
LIII. What would you have more? Do you wait till Lucius
Metellus, who by his commands and by his power has deterred many
witnesses from appearing against Verres
shall himself, though absent, bear testimony to his wickedness, and
dishonesty, and audacity? I think not. But he, who was his successor,
has had the best opportunity of knowing the truth. That is true, but he
is hindered by his friendship for him. Still, he ought to inform us
accurately in what state the province is. He ought, still he is not
forced to do so. [123]
Does any one require the evidence of Lucius Metellus against Verres? No
one. Does any one demand it? I think not What, however, if I prove by
the evidence and letters of Lucius Metellus that all these things are
true? What will you say then? That Metellus
writes falsely? or that he is desirous of injuring his friend? or that
he, though he is praetor, does not know in what state the province is?
Read the letters of Lucius Metellus, which he sent to Cnaeus Pompeius
and Marcus Crassus, the consuls, those which he sent to Marcus Mummius,
the praetor, those which he sent to the quaestors of the city. [The
letter of Lucius Metellus is read.] “I sold the tenths according to the
law of Hiero.” When he writes that he had sold them according to the
law of Hiero, what is he writing? Why, that he had sold them as all
others had done, except Verres. When he writes that he had sold them
according to the law of Hiero,
what is he writing? Why, that he had restored the privileges granted to
the Sicilians by the kindness of our ancestors and taken away by
Verres,
and their rights, and the terms on which they became our allies and
friends. He mentions at what price he sold the tenths of each district.
After that what does he write? [124]
Read
the rest of the letter.--“The greatest pains has been taken by me to
sell the tenths for as good a price as possible.” Why then, O Metellus,
did you not sell them for as much as Verres?
“Because I found the allotments deserted, the fields empty, the
province in a wretched and ruined condition.” What? And as for the land
that was sown, how was any one found to sow it? Read the letters. [The
letters are read.] He says that he had sent letters, and that, when he
arrived, he had given a positive promise; he had interposed his
authority to prevail on them, and had all but given hostages to the
cultivators that he would be in no respect like Verres
But what is this about which he says that he took so much pains?
Read--“To prevail on the cultivators of the soil, who were left, to sow
as largely as they could.” Who were left? What does this mean--left?
After what war? after what devastation? What mighty slaughter was there
in Sicily,
or what was there of such duration and such disaster while you were
praetor, that your successor had to collect and recover the cultivators
who were left?
LIV.[125] When Sicily
was harassed in the Carthaginian wars, and afterwards, in our fathers'
and our own recollection, when great bands of fugitive slaves twice
occupied the province, still there was no destruction of the
cultivators of the soil; then, if the sowing was hindered, or the crop
lost, the yearly revenue was lost too, but the number of owners and
cultivators of the land remained undiminished. Then those officers who
succeeded the praetors Marcus Laevinus, or Publius Rupilius, or Marcus
Aquillius in that province, had not to collect the cultivators who were
left. Did Verres and Apronius bring so much more distress on the
province of Sicily than either Hasdrubal with his army of
Carthaginians,
or Athenio with his numerous bands of runaway slaves, that in those
times, as soon as the enemy was subdued, all the land was ploughed, and
the praetor had not to send letters to beg the cultivator to come to
him, and entreat him to sow as much land as he could; but now, even
after the departure of this most ill-omened pestilence, no one could be
found who would till his land of his own free-will; and very few were
left to return to their farms and their own familiar household gods,
even when urged by the authority of Lucius Metellus?
[126]
Do not you feel, O most audacious and most senseless of omen, that you
are destroyed by these letters? Do you not see that, when your
successor addresses those agriculturists who are left, he writes this
in express words, that they are left, not after war or after any
calamity of that sort, but after your wickedness, and tyranny, and
avarice, and cruelty? Read the rest--“But still in such quantities as
the difficulty of the times and the poverty of the cultivators
permitted.” The poverty of the cultivators, he says. If I, as the
accuser, were to dwell so repeatedly on the same subject, I should be
afraid of wearying your attention, O judges; but Metellus
cries out, “If I had not written letters.” That is not enough--“If I
had not, when on the spot, assured them.” Even that is not enough--“The
cultivators who were left,” he says. Left? In that mournful word he
intimates the condition of nearly the whole province of Sicily. He
adds, “the poverty of the cultivators.”
LV.[127] Wait a little, O judges, wait a little, if you
can, for
confirmation of my speech. I say that the cultivators have been driven
away by that man's avarice: Metellus
writes word that those who were left have been reassured by him. I say
that the fields have been abandoned, and the allotments deserted:
Metellus writes word that there is great penury among the cultivators.
When he writes this, he shows that the allies and friends of the Roman
people have been cast down, and driven off, and stripped of all their
fortunes; and yet if any calamity had happened to these men by his
means, even without any injury to our revenues, you ought to punish
him, especially while judging according to that law which was
established for the sake of the allies. But when our allies are
oppressed and ruined, and the revenues of the Roman
people diminished at the same time,--when our supplies of corn and
provisions, our wealth, and the safety of the city and of our armies
for the future is destroyed by his avarice, at least have a regard to
the advantage of the Roman people, if you have no anxiety to show your
regard for our most faithful allies. [128]
And that you may be aware that man had no consideration for either the
revenue or for our posterity, in comparison with present gain and
booty, see what Metellus
writes at the end:--“I have taken care of the revenues for the future.”
He says that he has taken care of the revenues for the future. He would
not write that he had taken care of the revenues, if he had not meant
to show this, that you had ruined the revenues. For what reason was
there for Metellus
taking care for the future of the revenues in respect of the tenths,
and of the whole corn interest, if that man had not diverted the
revenues of the Roman people to his own profit And Metellus
himself, who is taking care of the revenues for the future, who is
reassembling the cultivators of the soil who are left, what does he
effect but this, to make those men plough, if they can, to whom
Verres's satellite Apronius has hardly left one plough remaining, but
who yet remained on their land in the hope and expectation of Metellus?
What more? What became of the rest of the Sicilians? What became of
that numerous body of cultivators who were not only driven away from
their farms, but who even fled from their cities, from the province,
having had all their property and all their fortunes taken from them?
By what means can they be recalled? How many praetors of incorruptible
wisdom will be required to re-establish, in process of time, that
multitude of cultivators in their farms and their habitations?
LVI.[129] And that you may not marvel that so great a
multitude has fled, as you find, from the public documents and from the
returns of the cultivators, has fled, know that his cruelty and
wickedness towards the cultivators was so excessive, (it is an
incredible statement to make, O judges, but it is both a fact, and one
that is notorious over all Sicily,) that men, on account of the insults
and licentiousness of the collectors, actually killed themselves. It is
proved that Diocles of Centuripa, a wealthy man, hung himself the very
day that it was announced that Apronius
had purchased the tenths. A man of high birth, Archonidas of Elorum,
said that Dyrrachinus, the first man of his city, slew himself in the
same way, when he heard that the collector had made a return, that,
according to Verres's edict, he owed him a sum that he could not make
good at the expense of all his property.
Now you, though you always were the most dissolute and cruel
of all
mortals, still you never would have allowed, (because the groanings and
lamentations of the province brought danger on your own head,)--you
would never, I say, have allowed men to seek refuge from your injustice
in hanging and death, if the matter had not tended to your profit and
to your own acquisition of booty. [130]
What! would you have suffered it? Listen, O judges; for I must strive
with all my sinews, and labour earnestly to make all men perceive how
infamous, how evident, how undeniable a crime they are seeking to
efface by means of money. This is a grave charge, a serious charge,--it
is the most serious one which has been made in the memory of man, ever
since trials for peculation and extortion were first instituted,--that
a praetor of the Roman people has had collectors of the tenths for his
partners.
LVII. It is not the case that a private individual is
now for
the first time having this charge brought against him by an enemy, or a
defendant by his accuser. Long ago, while sitting on his seat of
justice as praetor, while he had the province of Sicily,
when he was not only feared (as is common) on account of his absolute
power, but also on account of its cruelty, (which is his especial
characteristic,) he heard this charge urged against him a thousand
times, when it was not carelessness which delayed him from avenging it,
but the consciousness of his wickedness and avarice that kept him in
check. For the collectors used to say openly, and, above all the rest,
that one who had the greatest influence with him, and who was laying
waste the most extensive districts, Apronius, that very little of these
immense gains came to them, that the praetor was their partner. [131]
When the collectors were in the habit of saying this all over the
province, and mixing up your name with so base and infamous a business,
did it never come into your mind to take care of your own character?
Did it never occur to you to look to your liberty and fortunes? When
the terror of your name was constantly present to the ears and minds of
the cultivators,--when the collectors made use, not of their own power,
but of your wickedness and your name to compel the cultivators to come
to terms with them,--Did you think that there would be any tribunal at
Rome
so profligate, so abandoned, so mercenary that any protection from its
judgment would be found for you?--when it was notorious that, when the
tenths had been sold contrary to the regulations, the laws, and the
customs of all men, the collectors, while employed in seizing the
property and fortunes of the cultivators, were used to say that the
shares were yours, the affair yours, the plunder yours; and that you
said nothing, and though you could not conceal that you were aware of
it, were still able to bear and endure it, because the magnitude of the
gain obscured the magnitude of the danger, and because the desire of
money had a good deal more influence over you than the fear of
judgment. [132] Be it so; you
cannot deny
the rest. You have not even left yourself this resource, to be able to
say that you heard nothing of this,--that no mention of your infamy
ever came to your ears; for the cultivators were complaining with
groans and tears. Did you not know it? The whole province was loud in
its indignation. Did no one tell you of it? Complaints were being made
of your injuries, and meetings held on the subject at Home,--were you
ignorant of this? Were you ignorant of all these facts? What? when
Publius Rubrius summoned Quintus Apronius openly at Syracuse in your
hearing, at a great assembly of the people, to be bound over to stand a
trial, offering to prove, “that Apronius
had frequently said that you were his partner in the affair of the
tenths.” Did not these words strike you? did they not agitate you? did
they not arouse you to take care of your own liberty and fortunes? You
were silent; you even pacified their quarrel; you took pains to prevent
the trial from coming on.
LVIII. O ye immortal gods! could either an innocent man
have
endured this? or would not even a man ever so guilty, if it were only
because he thought that there might be a trial at Rome hereafter, have
endeavoured by some dissimulation to study his character in the eyes of
men? [133]
What is the case? A wager is offered about a matter affecting your
position as a free citizen, and your fortunes. Do you sit still and say
nothing? do not you follow up the matter? do not you persevere? do not
you ask to whom Apronius
said it? who heard him? whence it arose? how it was stated to have
happened If any one had whispered in your ear, and told you that
Apronius was in the habit of saying that you were his partner, you
ought to have been roused, to have summoned Apronius,
and not to have been satisfied yourself with him, till you had
satisfied the opinion of others with respect to yourself. But when in
the crowded forum, in a great concourse of people, this charge was
urged, in word and presence indeed, against Apronius,
but in reality against you, could you ever have received such a blow in
silence, unless you had decided that, say what you would in so evident
a case, you would only make the matter worse? [134]
Many men have dismissed quaestors, lieutenants, prefects, and tribunes,
and ordered them to leave the province, because they thought that their
own reputation was being injured through their misconduct, or because
they considered that they were behaving ill in some particular. Would
you never have addressed Apronius,
a man scarcely a free man, profligate, abandoned, infamous, who could
not preserve, I will not say an honest mind, but not even a pure soul,
with even one harsh word, and that too when smarting under disgrace and
insult yourself? And moreover, the respect due to a partnership would
not have been so sacred in your eyes as to make you indifferent to the
danger you were in, if you had not seen the matter was so well known
and so notorious to every one. [135]
Publius Scandilius, a Roman knight, whom you are all acquainted with,
did afterwards adopt the same legal proceedings against this same
Apronius respecting that partnership, which Rubrius
had wished to adopt. He urged them on; he pressed it, he gave him no
respite; security was given to the amount of five thousand sesterces;
Scandilius began to demand recuperators or a judge.
LIX. Does not this wicked praetor seem to be hemmed in
now
within sufficiently narrow bounds in his own province, yes, and even on
his own throne and tribunal; so that he must either while present and
sitting on the bench allow a trial to proceed affecting his own
liberty, or else confess that he must be convicted by every tribunal in
the world? The trial is on this formula, “that Apronius
says that you are his partner in the matter of the tenths.” The
province is yours; you are present, judgment is demanded from you
yourself. What do you do? What do you decree? You say that you will
assign judges. You do well; though where will there be found judges of
such courage as to dare, in his province, when the praetor himself is
present, to decide in a manner not only contrary to his with, but
adverse even to his fortunes?
[136]
However, be it so; the case is evident; there was no one who did not
say that he had heard this distinctly; all the most respectable men
were most undoubted witnesses of it; there was no one in all Sicily who
did not know that the tenths belonged to the praetor, no one who had
not heard Apronius frequently say so; moreover, there was a fine body
of settlers at Syracuse, many Roman
knights, men of the highest consideration, out of which number the
judges must be selected, who could not possibly decide in any other
manner. Scandilius does not cease to demand judges; then that innocent
man, who was so eager to efface that suspicion, and to remove it from
himself, says that he will assign judges from his own retinue.
LX.[137] In the name of the good faith of gods and men,
who is
it that I am accusing? in whose case am I not desirous that my industry
and diligence should be proved? What is it that I sought to effect and
obtain by speaking and meditating on this matter? I have hold, I have
hold I say, in the middle of the revenues of the Roman people, in the
very crops of the province of Sicily,
of a thief, manifestly embezzling the whole revenue derived from the
corn, an immense sum: I have hold of him; so I say that he cannot deny
it. For what will he say? Security has been entered into for a
prosecution against your agent Apronius,
in a matter in which all your fortunes are at stake--on the charge of
having been in the habit of saying that you were his partner in the
tenths. All men are waiting to see how anxious you will be about this,
how you will endeavour to give men a favourable opinion of you and of
your innocence. Will you here appoint as judges your physician, and
your soothsayer, and your crier, or even that man whom you had in your
train, in case there was any affair of importance, a judge like
Cassius,
Papirius Potamo, a severe man of the old equestrian school? Scandilius
began to demand judges from the body of settlers; then Verres
says that he will not entrust a trial in which his own character is at
stake, to any one except his own people. The brokers think it a
scandalous thing for a man to protest against, as unjust to himself,
that form in which they transact their business. The praetor protests
against the whole province as unjust to him. [138]
Oh, unexampled impudence! Does he demand to be acquitted at Rome,
who has decided in his own province that it is impossible that he
should be acquitted? who thinks that money will have a greater
influence over senators most carefully chosen, than fear will over
three judges? But Scandilius says that he will not say a word before a
judge like Artemidorus,
and still he presses the matter on, and loads you with favourable
conditions, if you choose to avail yourself of them. If you decide
that, in the whole province of Sicily, no capable judge or recuperator
can be found, he requires of you to refer the matter to Rome;
and on this you exclaim that the man is a dishonest man, for demanding
a trial in which your character is at stake to take place in a place
where he knows that you are unpopular. [139]
You say you will not send the case to Rome.
You say that you will not appoint judges out of the body of settlers;
you put forward your own retinue. Scandilius says that he shall abandon
the whole affair for the present, and return at his own time. What do
you say to that? what do you do? you compel Scandilius to do what? to
prosecute the matter regularly? In a shameless manner you put an end to
the long-expected trial of your character; you do not do that--what do
you do, then? [140] Do you permit
Apronius
to select what judges he chooses out of your retinue? It is a
scandalous thing that you should give one of the parties a power of
selecting judges from that worthless crew, rather than give both a
power of rejecting judges from a respectable class. You do neither of
those things--what then? Is there anything more abominable that can be
done? Yes; for he compels Scandilius to give and pay over that five
thousand sesterces to Apronius.
What neater thing could be done by a praetor desirous of a fair
reputation,--one who was anxious to repel from himself all suspicion,
and to deliver himself from infamy?
LXI. He had been a common topic of conversation, of
reproach, of
abuse. A worthless and debauched man had been in the habit of saying
that the praetor was his partner. The master had come before the
courts, had come to trial; he, upright and innocent man that he was,
had an opportunity, by punishing Apronius, of relieving himself from
the most serious disgrace. What punishment does he devise? what penalty
for Apronius? He compels Scandilius to pay to Apronius five thousand sesterces,
as reward and wages for his unprecedented rascality, his audacity, and
his proclamation of this wicked partnership. [141]
What difference did it make, O most audacious man, whether you made
this decree, or whether you yourself made that profession and
declaration concerning yourself which Apronius
was in the habit of making? The man whom, if there had been shame, yes,
if there had even been any fear in you, you ought not to have let go
without punishment, you could not allow to come off without a reward.
You might see the truth in every case, O judges, from this single
affair of Scandilius. First of all, that this charge about the
partnership in the tenths was not cooked up at Rome,
was not invented by the accuser; it was not (as we are accustomed
sometimes to say in making a defence for a man) a domestic or
back-stairs accusation; it was not originated in a time of your danger,
but it was an old charge, bruited about long ago, when you were
praetor, not made up at Rome by your enemies, but brought to Rome from
the province. [142] At the same
time his great favour to Apronius may be clearly seen; also the, I will
not say confession, but the boast of Apronius,
about him. Besides all this, you can rake as clearly proved this first,
that, in his own province, he would not entrust a trim in which his
reputation was at stake, to any one out of his own retinue.
LXII. Is there any judge who has not been convinced,
from the
very beginning of my accusation respecting the collection of tenths,
that he had made an attack on the property and fortunes of the
cultivators of the soil? Who is there who did not at once decide, from
what I then proved, that he had sold the tenths under a law quite
novel, and, therefore, no law at all, contrary to the usage and
established regulations of all his predecessors? [143]
But even if I had not such judges as I have, such impartial, such
careful, such conscientious judges, is there any one whatever who has
not long ago formed his opinion and his judgment from the magnitude of
the injuries done, the dishonesty of the decrees, the iniquity of the
tribunals? Even although a man may be somewhat careless in
judging,--somewhat indifferent to the laws, to his duty to the
republic, to our allies and friends, what then? Can even such a man
doubt of the dishonesty of that man, when he is aware that such vast
gains were made,--such iniquitous compromises extorted by violence and
terror?--when he knows that cities were compelled by violence and
imperious commands, by the fear of scourges and death, to give such
great rewards, not only to Apronius and to men like him, but even to
the slaves of Venus? [144]
But if any one is but little influenced by the injuries done to our
allies,--if there be any one who is not moved by the flight, the
calamities, the banishment, and the suicides of the cultivators of the
soil; still I cannot doubt that the man who knows, both from the
documents of the cities and the letter of Lucius Metellus, that Sicily
has been laid waste and the farms deserted, must decide that it is
quite impossible that any other than the severest judgment should be
passed on that man. Will there be any one who can conceal from himself,
or be indifferent to these facts? I have brought before you trials
commenced respecting the partnership in the tenths, but prevented by
that man from being brought to a decision. What is there that any one
can possibly desire plainer than this? I have no doubt that I have
satisfied you, O judges. But I will go further; not, indeed, in order
that this may be proved more completely to your satisfaction than I
feel sure that it already is, but that he may at last give over his
impudence,--may cease at Last to believe that he can purchase these
things which he himself was always ready to sell his good faith, his
oath, truth, duty, and religion;--that his friends may cease to keep
continually saying things which may be injury, a stain, and odium, and
infamy to all of us. [145] But what
friends are they? Alas, the order of senators! wretched, and unpopular,
and detested through the fault and unworthiness of a few! That Alba
Aemilius, sitting at the entrance of the market, should say openly that
Verres had gained his cause,--that he had bought the judges, one for
four hundred thousand sesterces,
another for five, the one who who went cheapest, for three! And when he
was answered that that was impossible; that many witnesses would give
evidence, and besides, that I should not desert the cause,--“Though,”
said he, “every one were to make every possible statement against him,
still, unless the matter be brought home to him so evidently that no
answer can be given, we have gained the cause.” [146]
You say well, Alba. I will agree to your conditions. You think that
conjecture avails nothing at a trial,--that suspicion avails
nothing,--that the character of one's previous life avails
nothing,--nor the evidence of virtuous men,--nor the authority or
letters of cities. You demand evident proof I do not ask for judges
like Cassius.
I do not ask for the ancient impartiality of courts of justice. I do
not, O judges, implore your good faith, your self-respect, your
conscientiousness in giving judgment. I will take Alba for my judge;
that man who is himself desirous of being considered an unprincipled
buffoon: who by the buffoons has always been considered as a gladiator,
rather than as a buffoon. I will bring forward such a case about the
tenths that Alba shall confess that Verres, in the case of the corn,
and in that of the property of the cultivators of the soil has been an
open and undisguised robber.
LXIII.[147] He says that he sold the tenths of the
Leontine
district at a high price. I showed at the beginning that he ought not
to be considered to have sold them at a high price' who in name indeed
sold the tenths, but who in reality and by the terms of the sale, and
through his law, and through his edict, and through the licentiousness
of the collectors, left no tenths at all to the cultivators of the
soil. I proved that also, that others had sold the tenths of the
Leontine district and of other districts also, for a high price; and
that they had sold them according to the law of Hiero;
and that they sold them for even more than you had, and that then no
cultivator had complained. Nor indeed was there anything of which any
one could complain, when they were sold according to a law most
equitably framed; nor did it ever make any difference to the cultivator
at what price the tenths were sold. For it is not the case that, if
they be sold at a high price, the cultivator owes more, if at a low
price, less. As the crops are produced, so are the tenths sold. But it
is for the interest of the cultivator, that his crops should be such
that the tenths may be able to be sold at as high a price as possible.
As long as the cultivator does not give more than a tenth, it is for
his interest that the tenth should be as large as possible. [148]
But, I imagine, you mean this to be the chief article of your defence,
that you sold all the tenths at a high price, but the tenths of the
Leontine district, which produces the most, for two hundred and sixteen
thousand modii
of wheat. If I prove that you could have sold them for a good deal
more, but that you would not knock them down to those who were bidding
against Apronius, and that you adjudged them to Apronius
for much less than you might have adjudged them to others;--if I prove
this, will even Alba, not only your oldest friend, out even your lover,
be able to acquit you?
LXIV. I assert that a Roman knight, a man of the
highest honour, Quintus Minucius,
with others like himself, was willing to add to the tenths of the
Leontine district not one thousand, not two thousand, not three
thousand modii of wheat, but thirty thousand modii
of wheat to the tenths of one single district, and that he was not
allowed to become the purchaser, that the matter might not escape the
grasp of Apronius. [149]
You cannot by any means deny this, unless you are determined to deny
everything. The business was transacted openly, in a full assembly, at
Syracuse.
The whole province is the witness, because men are accustomed to flock
together thither from all parts at the sale or the tenths. And whether
you confess this, or whether it be proved against you, do you not see
in what important and what evident acts you are detected. First of all,
it is proved that that business and that booty was yours. For unless it
was, why did you prefer that Acronius (who every one was saying was
only managing your affairs in the matter of the tenths as your agent)
should get the tenths of the Leontine district rather than Quintus
Minucius? Secondly, that an enormous and immense profit was made by
you. For if you would not have been influenced by thirty thousand modii
of wheat, at all events Minucius would willingly have given thus much
as a compliment to Apronius, if he had been willing to accept it. [150]
How great then must we suppose the expectation of booty which he
entertained to have been, when he despised and scorned such vast
present profit: acquired without the slightest trouble. Thirdly,
Minucius himself would never have wished to have them at such a price,
if you had been selling the tenths according to the Law of Hiero;
but because he saw that by your new edicts and most iniquitous
resolutions he should get a good deal more than tenths, on that account
he advanced higher. But Apronius
had always even a good deal more permitted to him than you had
announced in your edict. How much gain then can we suppose was made by
him to whom everything was permitted; when that man was so willing to
add so large a compliment, who would not have had the same licence if
he had bought the tenths? [151]
Lastly,
unquestionably that defence, under which you have constantly thought
that all your thefts and iniquities could be concealed, is cut from
under your feet; that you sold the tenths at a high price--that you
consulted the interest of the Roman
people--that you provided for plenty of provisions. He cannot say this,
who cannot deny that he sold the tenths of one district for thirty
thousand modii less than he might have done; even if I
were to grant you this, that you did not grant them to Minucius because
you had already adjudged them to Apronius;
for they say that that is what you are in the habit of saying, and I am
expecting to hear it, and I wish you would make that defence. But, even
if it were so, still you cannot boast of this as a great thing, that
you sold the tenths at a high price, when you admit that there were
people who were willing to buy them at a much higher price.
LXV.[152] The avarice, then, and covetousness of this
man, his
wickedness, and dishonesty, and audacity, are proved, O judges, are
proved most incontestably. What more shall I say What if his own
friends and defenders have formed the same opinion that I have? What
can you have more? On the arrival of Lucius Metellus the praetor, when
Verres had made all his retinue friends of this also by that sovereign
medicine of his, money, men applied to Metellus; Apronius was brought
before him; his accuser was a man of the highest consideration, Caius
Gallius, a senator. He demanded of Metellus to give him a right of
action according to the terms of his edict against Apronius, “for
having taken away property by force or by fear,” which formula of
Octavius, Metellus had both adopted at Rome, and now imported into the
province. He does not succeed; as Metellus said that he did not wish by
means of such a trial to prejudge the case of Verres himself in a
matter affecting his condition as a free citizen. The whole retinue of
Metellus, grateful men, stood by Apronius. Caius Gallius, a man of our
order, cannot obtain from Lucius Metellus, his most intimate friend, a
trial in accordance with his own edict. [153]
I do not blame Metellus; he spared a friend of his--a connection,
indeed, as I have heard him say himself. I do not, I say, blame
Metellus;
but I do marvel how he not only prejudged the case of a man concerning
whom he was unwilling that any previous decision should take place by
means of judges, but even judged most severely and harshly respecting
him. For, in the first place, if he thought that Apronius would be
acquitted, there was no reason for his fearing any previous decision.
In the second place, if Apronius were condemned, all men were likely to
think that the cause of Verres was involved in his; this at all events
Metellus did now decide, and he determined that their affairs and their
causes were identical, since he determined that, if Apronius were
condemned, it would be a prejudging of the case of Verres. And one fact
is at the same time a proof of two things; both that the cultivators
gave much more than they owed to Apronius because they were constrained
by violence and fear; and also, that Apronius was transacting Verres's
business in his own name, since Lucius Metellus determined that
Apronius
could not be condemned without giving a decision at the same time
respecting the wickedness and dishonesty of Verres.
LXVI.[154] I come now to the letter of Timarchides,
his freedman and attendant; and when I have spoken of that, I shall
have finished the whole of my charge respecting the truth This is the
letter, O judges, which we found at Syracuse, in the house of Apronius,
where we were looking for letters. It was sent, as it proves itself, on
the journey, when Verres had already departed from the province;
written by the hand of Timarchides Read the letter of Timarchides:
“Timarchides,
the officer of Verres, wishes health to Apronius.” Now I do not blame
this which he has written, “The officer.” For why should clerks alone
assume to themselves this privilege? “Lucius Papirius the clerk,” I
should like this signature to be common to all attendants, lictors, and
messengers. “Be sure and be very diligent in everything which concerns
the praetor's character.” He recommends Verres to Apronius,
and exhorts him to resist his enemies; Your reputation is protected by
a very efficient guard, if indeed it depends on the diligence and
authority of Apronius. “You have virtue and eloquence.”
[155] How abundantly Apronius is praised by
Timarchides! How splendidly! Whom ought I to expect to be otherwise
than pleased with that man who is so highly approved by Timarchides?
“You have ample funds.” It is quite inevitable that what there was
superfluous of the gain you both made by the corn, must have gone
chiefly to the man by whose intervention you transacted that business.
“Get hold of the new clerks and officers. --Use every means that offer,
in concert with Lucius Vulteius, who has the greatest influence.” See
now, what an opinion Timarchides has of his own dishonest cunning, when
he gives precepts of dishonesty to Apronius! Now these words, “Use
every means in your power ” --Does not he seem to be drawing words out
of his master's house,
suited to every sort of iniquity? “I beg, my brother, that you will
trust your own little brother,” your comrade, indeed, in gain and
robbery, your twin-brother and image in worthlessness, dishonesty, and
audacity.
LXVII. “You will be considered dear to the retinue.”
What
does this mean, “to the retinue?” What has that to do with it? Are you
teaching Apronius?
What? had he come into this retinue at your prompting, or of his own
accord? “Whatever is needful for each man, that employ.” How great, do
you suppose, must have been the impudence of that man when in power,
who even after his departure is so shameless? He says that everything
can be done by money: you must give, waste, and spend, if you wish to
gain your cause. Even this, that Timarchides should give this advice to
Apronius,
is not so offensive to me, as the fact of his also giving it to his
patron: “When you press a request, all men gain their objects.” [156] Yes, while
Verres was praetor, not while Sacerdos was, or Peducaeus, or this very
Lucius Metellus. “You know that Metellus is a wise man.” But this is
really intolerable, that the abilities of that most excellent man,
Lucius Metellus, should be laughed at, and despised and scorned by that
runaway slave Timarchides. “If you have Vulteius with you, everything
will be mere child's play to you.” Here Timarchides is greatly
mistaken, in thinking either that Vulteius can be corrupted by money,
or that Metellus
is going to discharge the duties of his praetorship according to the
will of any one man; but he is mistaken by forming his conjectures from
his own experience. Because he saw that, through his own intervention
and that of others, many men had been able to do whatever they pleased
with Verres,
without meeting with any difficulty, he thought that there were the
same means of access to every one. You did very easily whatever you
wanted with Verres, and found it as easy as child's play to do so,
because you knew many of the kinds of play in which he indulged.
“Metellus and Vulteius have been impressed with the idea that
you have ruined the cultivators of the soil.” Who attributed the action
to Apronius, when he had ruined any cultivator? or to Timarchides when
he had taken money for assigning a trial, or making a decree, or giving
any order, or remitting any thing? or to Sextus
the lictor, when he, as executioner, had put an innocent man to death?
No one. Every body at the time attributed these things to Verres; whom
they desire now to see condemned. [157] “People
have dinned into their ears, that you were a partner of the praetor's.”
Do you not see how clear the matter both is and was when even
Timarchides
is afraid of this? Will you not admit that we are not inventing this
charge against you, but that your freedman has been this long time
seeking some defence against this charge? Your freedman and officer,
one most intimate, and indeed connected with you and your children in
everything, writes to Apronius, that it is universally pointed out to
Metellus that Apronius
had been your partner in the tenths. “Make him see the dishonesty of
the cultivators: they shall suffer for it, if the gods will.” What, in
the name of the immortal gods, is the meaning of that? or on what
account can we say that such great and bitter hatred is excited against
the cultivators? What injury have the cultivators of the soil done to
Verres, that even his freedman and officer should attack them with so
inimical a disposition in these letters?
LXVIII. And I would not, O judges, have read to you the
letter
of this runaway slave, if I had not wished you to see from it the
precepts, and customs, and system of the whole household. Do you see
how he advises Apronius? by what means and by what presents he may
insinuate himself into the intimacy of Metellus? how he may corrupt
Vulteius?
how he may win over with bribes the clerks and the chief officer? He
teaches him what he has himself seen done. He teaches a stranger the
lessons which he has learnt at home himself. But in this one thing he
makes a mistake, that he thinks there is the same road to every one's
intimacy. [158]
Although I am deservedly angry with Metellus, still I will say this
which is true. Apronius could not corrupt Metellus with bribes, as he
had corrupted Verres,
nor with banquets, nor with women, nor with debauched and profligate
conversation, by which means he had, I will not say crept into that
man's friendship slowly and gradually, but had in a very short time got
possession of the whole man and his whole retinue. But as for the
retinue of Metellus,
which he speaks of, what was the use of his corrupting that, when no
judges were appointed out of it to judge the causes of the cultivators?
[159] For as for what he
writes, that the son of Metellus was a mere boy, he is greatly
mistaken. For there is not the same access to the son of every praetor.
O Timarchides, the son of Metellus
is in the province, not a boy, but a virtuous and modest youth, worthy
of his rank and name. How that boy of yours had behaved in the
province, I would not say if I thought it the fault of the boy, and not
the fault of his father. Did not you, though you knew yourself and your
own habits of life, O Verres, take with you your son, still clad in the
robes of a boy, into Sicily,
so that even if nature had separated the boy from his father's vices
and from every resemblance to his family, still habit and training
might prevent his degenerating from them? [160]
Suppose there had been in him the disposition of Caius Laelius, of
Marcus Cato,
still what good could be expected or extracted out of one who has lived
in the licentious school of his father in such a way that he has never
seen one modest or sober banquet? who since he has grown up has lived
in daily revels for three years among immodest women and intemperate
men? who has never heard a word from his father by which he might
become more modest or more virtuous? who has never seen his father do
anything, which, if he had imitated, would not have laid him under the
most disgraceful imputation of all, that of being considered like his
father?
LXIX.[161] By which conduct you have done an injury,
not only to
your son, but also to the republic. For you had begotten children, not
for yourself alone, but also for your country; who might not only be a
pleasure to you, but who might some day or other be able to be of use
to the republic. You ought to have trained and educated them according
to the customs of your ancestors, and the established system of the
state; not in your crimes, in your infamy. Were he the able, and
modest, and upright son of a lazy, and debauched, and worthless father
then the republic would have had a valuable present from you. Now you
have given to the state another Verres
instead of yourself, if, indeed, he is not worse (If that be possible)
in this respect,--that you have turned out such as you are without
being bred up in the school of a dissolute man, but only under a thief,
and a go-between. [162]
What can we expect likely to turn out more complete than a person who
is by nature your son, by education your pupil, by inclination your
copyist? Whom, however, I, O judges, would gladly see turn out a
virtuous and gallant man. For I am not influenced by his enmity, if,
indeed, there is to be enmity between him and me; for if I am innocent
and like myself in everything, how will his enmity hurt me? And if, in
any respect, I am like Verres,
an enemy will no more be wanting to me than he has been wanting to him.
In truth, O judges, the republic ought to be such, and shall be such,
being established by the impartiality of the tribunals, that an enemy
shall never be wanting to the guilty, and shall never be able to injure
the innocent. There is, therefore, no cause why I should not be glad
for that son of his to emerge out of his father's vices and infamy. And
although it may be difficult, yet I do not know whether it be
impossible; especially if (as is at present the case) the guardians
placed over him by his friends continue to watch him, since his father
is so indifferent to him, and so dissolute. [163]
But my speech has now digressed more than I had intended from the
letter of Timarchides:
and I said, that when that had been read, I would end all I had to say
on the charge connected with the tenths; from which you have clearly
seen that an incalculable amount of corn has been for these three years
diverted from the republic, and taken illegally from the cultivators.
LXX. The next thing is, O judges, for me to explain to
you the
charge about the purchase of corn, a theft very large in amount, and
exceedingly shameless. And I entreat you to listen while I briefly lay
before you my statements, being both certain, few in number, and
important. It was Verres's duty according to a decree of the senate,
and according to the law of Terentius and to the law of Cassius about
corn, to purchase corn in Sicily.
There were two descriptions of purchase,--the one the purchase of the
second tenths, the other the purchase of what was furnished in fair
proportions by the different cities. Of corn derived from the second
tenths the quantity would be as much as had been derived from the first
tenths; of corn levied on the cities in this way there would be eight
hundred thousand modii. The price fixed for the corn
collected as the second tenths was three sesterces a modius;
for that furnished in compliance with the levy, four sesterces.
Accordingly, for the corn furnished in compliance with the levy, there
was paid to Verres each year three million two hundred thousand sesterces,
which he was to pay to the cultivators of the soil; and for the second
tenths, about nine millions of sesterces. And so, during
the three years, there was nearly thirty-six million six hundred
thousand sesterces paid to him for this purchase of corn
in Sicily. [164]
This enormous sum of money, given to you out of a poor and exhausted
treasury; given to you for corn,--that is to say, for what was
necessary for the safety and life of the citizens; given to you to be
paid to the Sicilian cultivators of the soil, on whom the republic was
imposing such great burdens;--this great sum, I say, was so handled by
you, that I can prove, if I choose, that you appropriated the whole of
this money, and that it all went to your own house. In fact, you
managed the whole affair in such a way that this which I say can be
proved to the most impartial judge. But I will have a regard for my own
authority, I will recollect with what feelings, with what intentions I
have undertaken the advocacy of this public cause. I will not deal with
you in the spirit of an accuser; I will invent nothing; I do not wish
any one to take for proved, while I am speaking, anything of which I
myself do not already feel thoroughly convinced.
[165]
In the ease of this public money, O judges, there are three kinds of
thefts. In the first place, he put it out among the companies from
which it had been drawn at twenty-four per cent interest; in the second
place, he paid actually nothing at all for corn to very
many of the cities; lastly, if he did pay any city, he deducted as
large a sum as ever he chose. He paid no one whatever as much as was
due to him.
LXXI. And first I ask you this--you, to whom the
farmers of the revenue, according to the letters of Carpinatius, gave
thanks. Was the public money, drawn from the treasury, given out of the
revenues of the Roman
people to purchase corn, was it a source of profit to you? Did it bring
you in twenty-four per cent interest? I dare say you will deny it. For
it is a disgraceful and dangerous confession to make. [166]
And it is a thing very difficult for me to prove, for by what witnesses
am I to prove it? By the farmers of the revenue? They have been treated
by him with great honour they will keep silence. By their letters? They
have been put out of the way by a resolution of the collectors. Which
way then shall I turn? Shall I leave unmentioned so infamous a
business, a crime of such audacity and such shamelessness, on account
of a dearth of witnesses or of documentary proofs? I will not do so, O
judges, I will call a witness. Whom? Lucius Vettius Chilo, a most
honourable and accomplished man of the equestrian order, who is such a
friend of and so closely connected with Verres,
that, even if he were not an excellent man, still whatever he said
against him would seem to have great weight; but who is so good a man
that, even if he were ever so great an enemy to him, yet his testimony
ought to be believed. [167] He is
annoyed and waiting to see what Vettius
will say. He will say nothing because of this present occasion; nothing
of his free will, nothing of which we can think that he might have
spoken either way. He sent letters into Sicily to Carpinatius,
when he was superintendent of the tax derived from the pasture lands,
and manager of that company of farmers, which letters I found at
Syracuse, in Carpinatius's house, among the portfolios of letters which
had been brought to him; and at Rome in the house of Lucius Tullius,
an intimate friend of yours, and another manager of the company, in
portfolios of letters which had been received by him. And from these
letters observe, I pray you, the impudence of this man's usury. [The
letters of Lucius Vettius to Publius Servilius, and to Caius Antistius,
managers of the company, are read.]
Vettius
says that he will be with you, and will take notice how you make up
your accounts for the treasury; so that, if you do not restore to the
people this money which has been put out at interest, you shall restore
it to the company. [168] Can we
not establish what we assert by this witness, can we not establish it
by the letters of Publius Servilius and Caius Antistius,
managers of the company, men of the highest reputation and of the
highest honour, and by the authority of the company whose letters we
are using? or must we seek for something on which we can rely more, for
something more important?
LXXII. Vettius, your most intimate friend,--Vettius,
your connection, to whose sister you are married,--Vettius,
the brother of your wife, the brother of your quaestor, bears witness
to your most infamous theft, to your most evident embezzlement; for by
what other name is a lending of the public money at usury to be called?
Read what follows. He says that your clerk, O Verres,
was the drawer up of the bond for this usury: the managers threaten him
also in their letters; in fact, it happened by chance that two managers
were with Vettius.
They think it intolerable that twenty-four per cent should be taken
from them, and they are right to think so. For whoever did such a thing
before? who ever attempted to do such a thing,--who ever thought that
such a thing could be done, as for a magistrate to venture to take
money as interest from the farmers, though the senate had often
assisted the farmers by remitting the interests due from them?
Certainly that man could have no hope of safety, if the farmers--that
is, the Roman knights, were the judges. [169]
He ought to have less hope now, O judges, now that you have to decide;
and so much the less, in proportion as it is more honourable to be
roused by the injuries of others than by one's own. What reply do you
think of making to all this? Will you deny that you did it? Will you
defend yourself on the ground that it was lawful for you to do it? How
can you deny it? Can you deny it, to be convicted by the authority of
such important letters, by so many farmers appearing as witnesses? But
how can you say it was lawful? In truth, if I were to prove that you,
in your own province, had lent on usury your own money, and not the
money of the Roman
people, still you could not escape; but when I prove that you lent the
public money, the money decreed to you to buy corn with, and that you
received interest from the farmers, will you make any one believe that
this was lawful? a deed than which not only others have never, but you
yourself have never done a more audacious or more infamous one. I
cannot, in truth, O judges, say that even that which appears to me to
be perfectly unprecedented, and about which I am going to speak next--I
mean, the fact of his having actually paid very many cities nothing at
all for their corn--was either more audacious or more impudent; the
booty derived from this act was perhaps greater, but the impudence of
the other was certainly not less. [170]
And since I have said enough about this lending at interest, now, I
pray you, give your attention to the question of the embezzlement of
the whole sum in many instances.
LXXIII. There are many cities in Sicily, O judges, of
great splendour and of high reputation, and among the very first of
these is the city of Halesa.
You will find no city more faithful to its duties, more rich in wealth,
more influential in its authority. After that man had ordered it to
furnish every year sixty thousand modii of wheat, he
took money for the wheat, at the price which wheat bore in Sicily
at the time; all the money which he thus received from the public
treasury, he kept for himself. I was amazed, O judges, when a man of
the greatest ability, of the highest wisdom, and of the greatest
influence, Aeneas of Halesa, first stated this to me at Halesa in the
senate of Halesa;
a man to whom the senate by public resolution had given a charge to
return me and my brother thanks, and at the same time to explain to us
the matters which concerned this trial. [171]
He proves to me that this was his constant custom and system; that,
when the entire quantity of corn had been brought to him under the name
of tenths, then he was accustomed to exact money from the cities, to
object to the corn delivered, and as for all the corn which he was
forced to send to Rome,
he sent that quantity from his own profits and from his own store of
corn. I demand the accounts, I inspect the documents, I see that the
people of Halesa, from whom sixty thousand modii had
bees levied, had given none, that they had paid money to Volcatus, and
to Timarchides
the clerk. I find a case of plunder of this kind, O judges, that the
praetor, whose duty it was to buy corn, did not buy it, but sell it;
and that he embezzles and appropriates the money which he ought to have
divided among the cities. It did not appear to me any longer to be a
theft, but a monster and a prodigy; to reject the corn of the cities,
and to approve of his own; when he had approved of his own, then to put
a price on that corn, to take from the cities what he had fixed, and to
retain what he had received from the Roman people.
LXXIV.[172] How many degrees of offence in one single
act of
fraud do you think will be enough, if I insist on them severally, to
bring the matter to a point where he can go no further? You reject the
Sicilian corn; why? because you are sending some yourself. Have you any
Sicily of your own, which can supply you corn of another sort? When the
senate decrees that corn he bought in Sicily, or when the people order
this, this, as I imagine, is what they mean, that Sicilian corn is to
be brought from Sicily. When you reject all the corn of Sicily, do you
send corn to Rome from Egypt or from Syria? You reject the corn of
Halesa, of Cephalaedis, of Thermae, of Amestras, of Tyndaris, of
Herbita,
and of many other cities. What has happened then to cause the lands of
these people to bear corn of such a sort while you were praetor, as
they never bore before, so that it can neither be approved of by you,
nor by the Roman
people; especially when the managers of the different companies had
taken corn, being the tenths, from the same land, and of the same year,
to Rome?
What has happened that the corn which made part of the tenths was
approved, and that that which was bought, though out of the same barn,
was not approved of? Is there any doubt that all that rejection of corn
was contrived with the object of raising money? [173]
Be it so. You reject the corn of Halesa,
you have corn from another tribe which you approve of. Buy that which
pleases you; dismiss those whose corn you have rejected. But from those
whom you reject you exact such sum of money as may be equivalent to the
quantity of corn which you require of their city. Is there any doubt
what your object has been? I see from the public documents that the
people of Halesa gave you fifteen sesterces for every
medimnus--I will prove from the accounts of the wealthiest of the
cultivators, that at the same time no one in Sicily sold corn at a
higher price.
LXXV. What, then, is the reason for your rejecting, or
rather
what madness is it to reject corn which comes from that place from
which the senate and the people of Rome
ordered it to be brought? which comes from that very heap, a part of
which, under the name of tenths, you had actually approved of? and
besides, to exact money from the cities for the purchase of cow, when
you had already received it from the treasury? Did the Terentian law
enjoin you to buy corn from the Sicilians with the money of the
Sicilians, or to buy corn from the Sicilians with the money of the
Roman
people? [174]
But now you see that all that money out of the treasury, which ought to
have been given to these cities for corn, has been made profit of by
that man. For you take fifteen sesterces for a medimus
of wheat; for that is the value of a medimus at that
time. You keep eighteen sesterces;
for that is the price of Sicilian corn, estimated according to law.
What difference does it make whether you did this, or whether you did
not reject the corn, but, after the corn was approved and accepted,
detained all the public money, and paid none to any city whatever? when
the valuation of the law is such that while it is tolerable to the
Sicilians at other times, it ought also to be pleasant to them during
your praetorship. For a modius is valued by law at three
sesterces. But, while you were praetor, it was, as
you boast in many letters to your friends, valued at two sesterces.
But suppose it was three sesterces, since you exacted
that price from the cities for every modius. When, if
you had paid the Sicilians as much as the Roman
people had ordered you to pay, it might have been most pleasing to the
cultivators, you not only did not choose them to receive what they
ought, but you even compelled them to pay what was not due from them. [175]
And that these things were done in this manner, you may know, O judges,
both from the public documents of the cities, and from their public
testimonies; in all which you will find nothing false, nothing invented
as suited to the times. Everything which we speak of is entered in the
returns and made up in a regular manner, without any interpolations or
irregularities being foisted into the people's accounts, but while they
are all made up with deliberation and accuracy. Read the accounts of
the people of Halesa. To whom does he say that money was paid? Speak,
speak, I say, a little louder. “To Volcatius, to Timarchides, to
Maevius.”
LXXVI. What is all this, O Verres?
have you not left yourself even this argument in your defence, that
they are the managers of the companies who have been concerned in those
matters? that they are the managers who have rejected the corn? that
they are the managers who have settled the affair with the cities for
money? and that it is they also who have taken money from you in the
name of those cities? and, moreover, that they have bought corn for
themselves; and that all these things do not at all concern you? It
would, in truth, be an insufficient and a wretched defence for a
praetor to say this, “I never touched the corn, I never saw it, I gave
the managers of the companies the power of approving of rejecting it;
the managers extorted money from the cities but I paid to the managers
the money which I ought to have paid to the people.” [176]
This is, as I have said, an insufficient, or rather, a profligate
defence against an accusation. But still, even this one, if you were to
wish to use it, you cannot use. Volcatius, the delight of yourself and
your friends, forbids you to make mention of the manager; and
Timarchides, the prop of your household, stops the mouth of your
defence; who, as well as Volcatius,
had money paid to him from the cities. But now your clerk, with that
golden ring of his, which he procured out of these matters, will not
allow you to avail yourself of that argument. What then remains for
you, except to confess that you sent to Rome
corn which had been bought with the money of the Sicilians? that you
appropriated the public money to your own purposes? O you habit of
sinning, what delight you afford to the wicked and the audacious, when
chastisement is afar off, and when impunity attends you! [177]
This is not the first time that that man has been guilty of that sort
of peculation, but now for the first time is he convicted. We have seen
money paid to him from the treasury, while he was quaestor, for the
expense of a consular army; we saw, a few months afterwards, both army
and consul stripped of everything All that money lay hid in that
obscurity and darkness which at that time had seized upon the whole
republic. After that, he discharged the duties of the quaestorship to
which he succeeded under Dolabella.
He embezzled a vast sum of money; but he mixed up his accounts of that
money with the confusion consequent on the conviction of Dolabella.
Immense sums of money were entrusted to him when praetor. You will not
find him a man to lick up these most infamous profits nervously and
gently; he did not hesitate to swallow up at a gulp the whole of the
public money. That wicked covetousness, when it is implanted in a man's
nature, creeps on in such a way, when the habit of sinning has
emancipated itself from restraint, that it is not able to put any
limits to its audacity. [178] At
length
it is detected, and it is detected in affairs of great importance, and
of undoubted certainty. And it seems to me that, by the interposition
of the gods, this man too has become involved in such dishonesty, as
not only to suffer punishment for the crimes which he has lately
committed, but also to be overwhelmed with the vengeance due to the
sins which he committed against Carbo and against Dolabella.
LXXVII. There is in truth also another new feature in
this
crime, O judges, which will remove all doubts as to his criminality on
the former charge respecting the tenths. For, to say nothing of this
fact, that very many of the cultivators of the soil had not corn enough
for the second tenths, and for those eight thousand modii
which they were bound to sell to the Roman people, but that they bought
them of your agent, that is, of Apronius;
which is a clear proof that you had left the cultivators actually
nothing: to pass over this, which teas been clearly set forth in many
men's evidence, can anything be more certain than this,--that all the
corn of Sicily, and all the crops of the land liable to the payment of
tenths, were for three years in your power and in your barns? [179] for when
you were demanding of the cities money for corn, whence was the corn to
be procured for you to send to Rome,
if you had it not all collected and locked up? Therefore, in the affair
of that corn, the first profit of all was that of the corn itself,
which had been taken by violence from the cultivators; the next profit
was because that very corn which had been procured by you during your
three years, you sold not once, but twice; not for one payment, but for
two, though it was one and the same lot of corn; once to the cities,
for fifteen sesterces a medimnus, a
second time to the Roman people, from whom you got eighteen sesterces
a medimus for the very same corn.
[180] But perhaps you approved besides of the corn
of the Centuripans, of the Agrigentines,
and of some others, and paid money to these nations. There may be some
cities in that number whose corn you were unwilling to object to. What
then? Was all the money that was owed for corn paid to these cities?
Find me one--not one people, but one cultivator. See, seek, look
around, if perchance there is any single man in that province in which
you were governor for three years, who does not wish you to be ruined.
Produce me one, I say, out of all those cultivators who contributed
money even to raise a statue to you, who will say that everything that
was due for corn was paid. I pledge myself, O judges, that none will
say so.
LXXVIII.[181] Out of all the money which it was your
duty to pay
to the cultivators, you were in the habit of making deductions on
certain pretexts; first of all for the examination, and for the
difference in the exchanges; secondly, for some stealing money or
other. All these names, O judges, do not belong to any legal demand,
but to the most infamous robberies. For what difference of exchange can
there be when all use one kind of money? And what is sealing money How
has this name got introduced into the accounts of a magistrate? how
came it to be connected with the public money? For the third
description of deduction was such as if it were not only lawful, but
even proper; and not only proper, but absolutely necessary. Two
fiftieths were deducted from the entire sum in the name of the clerk.
Who gave you leave to do this?--what law? what authority of the senate?
Moreover where was the justice of your clerk taking such a sum, whether
it was taken from the property of the cultivators, or from the revenues
of the Roman people? [182] For if
that sum can he deducted without injury to the cultivators of the soil,
let the Roman people have it, especially in the existing difficulties
of the treasury; but if the Roman
people intended it to be paid to the cultivators, and if it is just
that it should be, then shall your officer, hired at small wages paid
by the people, plunder the property of the cultivators? And shall
Hortensius
excite against me in this cause the whole body of clerks? and shall he
say that their interests are undermined by me, and their lights
opposed? as if this were allowed to the clerks by any precedent or by
any right. Why should I go back to old times? or why should I make
mention of those clerks, who, it is evident, were most upright and
conscientious men? It does not escape my observation, O judges, that
old examples are now listened to and considered as imaginary fables I
will go only to the present wretched and profligate time. You, O
Hortensius, have lately been quaestor. You can say what your clerks
did; I say this of mine; when, in that same Sicily, I was paying the
cities money for their corn, and had with me two most economical men as
clerks, Lucius Manilius and Lucius Sergius, then I say that not only
these two fiftieths were not deducted, but that not one single coin was
deducted from any one.
LXXIX. I would say that all the credit of this was to
be
attributed to me, O judges, if they had ever asked this of me, if they
had ever thought of it. [183]
For why should a clerk make this deduction, and not rather the muleteer
who brought the corn down? or the courier, by whose arrival they heard
of its coming and made the demand? or the crier, who ordered them to
appear? or the lictor and the slave of Venus,
who carried the money? What part of the business or what seasonable
assistance can a scrivener pretend to, that, I will not say such high
wages should be given him, but, that a division of such a large sum
should take place with him? Oh they are a very honourable body of
men;--who denies it? or what has that to do with this business? But
they are an honourable body, because to their integrity are entrusted
the public accounts and the safety of the magistrates. Ask, therefore,
of those scriveners who are worthy of their body, masters of
households, virtuous and honourable men, what is the meaning of those
fiftieths? In a moment you will all clearly see that the whole affair
is unprecedented and scandalous. [184]
Bring me back to those scriveners, if you please; do not get together
those men who when with a little money scraped together from the
presents of spendthrifts and the gratuities to actors, they have bought
themselves a place in some decury, think that they have mounted from
the first class of hissed buffoons
into the second class of the citizens. Those scriveners I will have as
arbitrators in this business between you and me, men who are indignant
that those other fellows should be scriveners at ale Although, when we
see that there are many unfit men in that order, an order which is held
out as a reward for industry and good conduct, are we to wonder that
there are some base men in that order also, a place in which any one
can purchase for money?
LXXX. When you confess that your clerk, with your
leave, took thirteen hundred thousand sesterces
of the public money, do you think that you have any defence left? that
any one can endure this? Do you think that even any one of those who
are at this moment your own advocates can listen to this with
equanimity? Do you think that, in the same city in which an action was
brought against Caius Cato, a most illustrious man, a man of consular
rank, to recover a sum of eighteen thousand sesterces;
in that same city it could be permitted to your clerk to carry off at
one swoop thirteen hundred thousand sesterces? [185]
Here is where that golden ring came from, with which you presented him
in the public assembly; a gift which was an act of such extraordinary
impudence that it seemed novel to all the Sicilians, and to me
incredible. For our generals, after a defeat of the enemy, after some
splendid success, have often presented their secretaries with golden
rings in a public assembly; but you, for what exploit, for the defeat
of what enemy did you dare to summon an assembly for the purpose of
making this present? Nor did you only present your clerk with a ring,
but you also presented a man of great bravery, a man very unlike
yourself, Quintus Rubrius, a man of eminent virtue, and dignity, and
riches, with a crown, with horse trappings, and a chain; and also
Marcus
Cossutius, a most conscientious and honourable man, and Marcus
Castritius, a man of the greatest wealth, and ability, and influence. [186] What was the meaning of these
presents made to these three Roman
citizens? Besides that, you gave presents also to some of the most
powerful and noble of the Sicilians, who have not, as you hoped, been
the more slow to come forward, but have only come with more dignity to
give their evidence in this trial of yours. Where did all these
presents come from? from the spoils of what enemy? gained in what
victory? Of what booty or trophies do they make a part? Is it because
while you were praetor, a most beautiful fleet, the bulwark of Sicily,
the defence of the province, was burnt by the hands of pirates arriving
in a few light galleys? or because the territory of Syracuse was laid
waste by the conflagrations of the banditti while you were praetor? or
because the forum of the Syracuse overflowed with the blood of the
captains? or because a piratical galley sailed about in the harbour of
Syracuse?
I can find no reason which I can imagine for your having fallen into
such madness, unless indeed your object was to prevent men from ever
forgetting the disasters of your administration.
[187]
A clerk was presented with a golden ring, and an assembly was convoked
to witness that presentation. What must have been your face when you
saw in the assembly those men out of whose property that golden ring
was provided for the present; who themselves had laid aside their
golden rings, and had taken them off from their children, in order that
your clerk might have the means to support your liberality and
kindness? Moreover, what was the preface to this present? Was it the
old one used by the generals?--“Since in battle, in war, in military
affairs, you....” There never was even any mention of such matters
while you were praetor. Was it this, “Since you have never failed me in
any act of covetousness, or in any baseness, and since you have been
concerned with me in all my wicked actions, both during my lieutenancy,
and my praetorship, and here in Sicily;
on account of all these things, since I have already made you rich, I
now present you with this golden ring?” This would have been the truth.
For that golden ring given by you does not prove he was a brave man,
but only a rich one. As we should judge that same ring, if given by
some one else, to have evidence of virtue when given by you, we
consider it only an accompaniment to money.
LXXXI.[188] I have spoken, O judges, of the corn
collected as
tenths; I have spoken of that which was purchased; the last, the only
remaining topic, is the valuation of the corn, which ought to have
weight with every one, both from the vastness of the sum involved, and
from the description of the injustice done; and more than either,
because against this charge he is provided, not with some ingenious
defence, but with a most scandalous confession of it. For though it was
lawful for him, both by a decree of the senate, and also by the laws,
to take corn and lay it up in the granaries, and though the senate had
valued that corn at four sesterces for a modius
of wheat, two for one of barley, Verres, having first added to the
quantity of wheat, valued each modius of wheat with the
cultivators at three denarii. My charge is not this, O
Hortensius;
do not you think about this; I know that many virtuous, and brave, and
incorruptible men, have often valued, both with the cultivators of the
soil and with cities, the corn which ought to have been taken and laid
up in the granary, and have taken money instead of corn; I know what is
accustomed to be done; I know what is lawful to be done; nothing which
has been previously the custom of virtuous men is found fault with ill
the conduct of Verres. [189] This
is what I find fault with, that, when a modius of wheat
in Sicily cost two sesterces,
as his letter which was sent to you declares, or at most, three, as has
also already been made clear from all the evidence and all the accounts
of the cultivators, he exacted from the cultivators three denarii
for every modius of wheat.
LXXXII. This is the charge; I wish you to understand,
that my
accusation turns not on the fact of his having valued the corn, nor
even of his having valued it at three denarii
but on that of his having increased the quantity of corn, and
consequently the amount of the valuation. In truth this valuation
originated, O judges, at first not in the convenience of the praetors
or consuls, but in the advantage to the cultivators and the cities. For
originally, no one was so impudent as to demand money when it was corn
that was due; certainly this proceeded in the first instance from the
cultivator or from the city which was required to furnish corn; when
they had either sold the corn, or wished to keep it, or were not
willing to carry it to that place where it was required to be
delivered, they begged as a kindness and a favour, that they might be
allowed, instead of the corn, to give the value of the corn. From such
a commencement as this, and from the liberality and accommodating
spirit of the magistrates the custom of valuations was introduced. [190]
More covetous, magistrates succeeded; who, in their avarice, devised
not only a plan for their own gain, but also a way of escape, and a
plea for their defence. They adopted a custom of always requiring corn
to be delivered at the most remote and inconvenient places, in order
that, through the difficulty of carriage, the cultivators might be more
easily brought to the valuation which they wished. In a case of this
kind it is easier to form one's opinion, than to make out a case for
blame; because we can think the man who does this avaricious, but we
cannot easily make out a charge against him; because it appears that we
must grant this to our magistrates, that they may have power to receive
the corn in any place they choose; therefore this is what many perhaps
have done, not, however, so many out that those whom we recollect, or
whom we have heard of as the most upright magistrates, have declined to
do it.
LXXXIII.[191] I ask of you now, O Hortensius, with
which of these classes you are going to compare the conduct of Verres?
With those, I suppose, who, influenced by their own kindness, have
granted, as a favour and as a convenience to the cities, permission to
give money instead of corn. And so I suppose the cultivators begged of
him, that, as they could not sell a modius of wheat for
three sesterces, they may be allowed to pay three denarii
instead of each modius.
Or, since you do not dare to say this, will you take refuge in that
assertion, that, being influenced by the difficulty of carriage, they
preferred to give three denarii? Of what carriage?
Wishing not to have to carry it from what place to what place? from
Philomelium to Ephesus?
I see what is the difference between the price of corn at different
places; I see too how many days' journey it is; I see that it is for
the advantage of the Philomelians rather to pay in Phrygia the price
which corn bears in Ephesus, than to carry it to Ephesus, or to send
both money and agents to Ephesus to buy corn. [192]
But what can there be like that in Sicily? Enna is a completely inland
town. Compel (that is the utmost stretch of your authority) the people
of Enna to deliver their corn at the waterside; they will take it to
Phintia, or to Halesa,
or to Catina, places all very distant from one another, the same day
that you issue the order; though there is not even need of any carriage
at all; for all this profit of the valuation, O judges, arises from the
variety in the price of corn. For a magistrate in a province can manage
this,--namely, to receive it where it is dearest. And therefore that is
the way valuations are managed in Asia and in Spain, and in those
provinces in which corn is not everywhere the same price. But in Sicily
what difference did it make to any one in what place he delivered it?
for he had not to carry it; and wherever he was ordered to carry it,
there he might buy the same quantity of corn which he sold at home. [193] Wherefore, if, O Hortensius,
you wish to show that anything, in the matter of the valuation, was
done by him like what has been done by others, you must show that at
any place in Sicily, while Verres was praetor, a modius
of wheat ever cost three denarii.
LXXXIV. See what a defence I have opened to you; how
unjust to
our allies, how far removed from the good of the republic, how utterly
foreign to the intention and meaning of the law. Do you, when I am
prepared to deliver you corn on my own farm, in my own city,--in the
very place, in short, in which you are, in which you live, in which you
manage all your business and conduct the affairs of the province,--do
you, I say, select for me some remote and desert corner of the island?
Do you bid me deliver it there, whither it is very inconvenient to
carry it? where I cannot purchase it? [194]
It is a shameful action, O judges, intolerable, permitted to no one by
law, but perhaps not yet punished in any instance. Still this very
thing, which I say ought not to be endured, I grant to you, O Verres;
I make you a present of it. If in any place of that province corn was
at the price at which he valued it, then I think that this charge ought
not to have any weight against him. But when it was fetching two sesterces,
or even three at the outside, in any district of the province which you
choose to name, you exacted twelve. If there cannot be any dispute
between you and me either about the price of corn, or about your
valuation, why are you sitting there? What are you waiting for? What
will you say in your defence? Does money appear to have been
appropriated by you contrary to the laws, contrary to the interests of
the republic, to the great injury of our allies? Or will you say in
your defence, that all this has been done lawfully, regularly, in a
manner advantageous to the republic, without injury to any one? [195] When the senate had given you
money out of the treasury, and had paid you money which you were to pay
the cultivators, a denarius for every modius,
what was it your duty to do? If you had wished to do what Lucius Piso,
surnamed Thrifty, who first made the law about extortion, would have
done, when you had bought the corn at the regular price, you would have
returned whatever money there was over. If you wished to act as men
desirous of gaining popularity, or as kind-hearted men would, as the
senate had valued the corn at more than the regular price, you would
have paid for it according to the valuation of the senate, and not
according to the market price. Or if, as many do, a conduct which
produces some profit indeed, but still an honest and allowable one, you
would not have bought corn, since it was cheaper than they expected,
but you would have retained the money which the senate had granted you
for furnishing the granary.
LXXXV. But what is it that you have done? What presence
has it,
I will not say of justice, but even of any ordinary roguery or
impudence? For, indeed, there is not usually anything which men,
however dishonest, dare to do openly in their magistracy, for which
they cannot give, if not a good excuse, still some excuse or other. [196] But what
sort of conduct is this? The praetor came. Says he, I must buy some
corn of you. Very well. At a denarius for a modius
I am much obliged to you; you are very liberal, for I cannot get three sesterces
for it. But I don't want the corn, I will take the money. I had hoped,
says the cultivator, that I should have touched the denarii;
but if you must have money, consider what is the price of corn now. I
see it costs two sesterces. What money, then, can be
required of me for you, when the senate has allowed you four sesterces?
Listen, now, to what he demands And I entreat you, O judges, remark at
the same time the equity of the praetor: [197] “The
four sesterces
which the senate has voted me, and has paid me out of the treasury,
those I shall keep, and shall transfer out of the public chest into my
strong box.” What comes next? What? “For each modius
which I require of you, do you give me eight sesterces.”
On what account? “What do you ask me on what account for? It is not so
much on what account that we need think, as of how advantageous it will
be,--how great a booty I shall get.” Speak, speak, says the cultivator,
a little plainer. The senate desires that you should pay me
money,--that I should deliver corn to you. Will you retain that money
which the senate intended should be paid to me, and take two sesterces
a-modius from me, to whom you ought to pay a denarius
for each modius? And then will you call this plunder and
robbery granary-money? [198]
This one injury,--this single distress, was wanting to the cultivators
under your praetorship, to complete the ruin of the remainder of their
fortunes. For what remaining injury could be done to the man who, owing
to this injury, was forced not only to dose all his corn, but even to
sell all his tools and stock? He had no way to turn. From what produce
could he find the money to pay you? Under the name of tenths, as much
had been taken from him as the caprice of Apronius
chose; for the second tenths and for the corn that had been purchased
either nothing had been paid, or only so much as the clerk had left
behind, or perhaps it was even taken for nothing, as you have had
proved to you.
LXXXVI. Is money also to be extorted from the
cultivators? How?
By what right? by what precedent? For when the crops of the cultivator
were carried off and plundered with every kind of injustice, the
cultivator appeared to lose what he had himself raised with his plough,
for which he had toiled, what his land and his cornfields had produced.
[199]
But amid this
terrible ill-treatment, there was still this wretched
consolation,--that he seemed only to be losing what, under another
praetor, he could get again out of the same land. But now it is
necessary for the cultivator--to give money, which he does not get out
of the land--to sell his oxen, and his plough itself, and all his tools
For you are not to think this. “The man has also possessions in ready
money; he has also possessions inland, near the city.” For when a
burden is imposed on a cultivator of the soil, it is not the mean and
ability of the man that is to be considered, whether he has any
property besides; but the quality and description of his land, what
that can endure, what that can suffer, what that can and ought to
produce. Although those men have been drained and ruined by Verres
in every possible manner, still you ought to decide what contribution
you consider the cultivator ought to render to the republic on account
of his land, and what charges he can support. You impose the payment of
tenths on them. They endure that. A second tenth. You think they must
be subservient to your necessities,--that they must, besides that,
supply you with more if you choose to purchase it They will so supply
you if you choose. [200] How
severe all
this is, and how little, after all these deductions are made, can be
left of clear profit for the owners, I think you, from your own farming
experience, can guess. Add, now, to all this, the edicts, the
regulations, the injuries of Verres,--add the reign and the rapine of
Apronius, and the slaves of Apronius,
in the land subject to the payment of tenths. Although I pass over all
this; I am speaking of the granary. Is it your intention that the
Sicilians should give corn to our magistrates for their granaries for
nothing? What can be more scandalous, what can be more iniquitous than
that? And yet, know you that this would have seemed to the cultivators
a thing to be wished for, to be begged for, while that man was praetor.
LXXXVII. Sositenus is a citizen of Entella;
a man of the greatest prudence, and of the noblest birth in his city.
You have heard what he said when he was sent by the public authority to
this trial as a deputy, together with Artemon and Meniscus, men of the
highest character. He, when in the senate at Entella he was discussing
with me the injustice of Verres,
said this: that, if the question of the granaries and of the valuation
were conceded, the Sicilians were willing to promise the senate corn
for the granary without payment, so that we need not for the future
vote such large sums to our magistrates. [201]
I am sure that you clearly perceive how advantageous this would be for
the Sicilians not because of the justice of such a condition, but in
the way of choosing the least of two evils; for the man who had given
Verres a thousand modii for the granary as his share of
the contribution required, would have given two, or, at most, three
thousand sesterces, but the same man has now been
compelled for the same quantity of corn to give eight thousand sesterces.
A cultivator could not stand this for three years, at least not out of
his own produce. He must inevitably have sold his stock. But if the
land can endure this contribution and this tribute,--that is to say, if
Sicily can bear and support it, let it pay it to the Roman
people rather than to our magistrates. It is a great sum, a great and
splendid revenue. If you can obtain it without damage to the province,
without injury to our allies, I do not object at all. Let as much be
given to the magistrates for their granary as has always been given.
What Verres demands besides, that, if they cannot provide it, let them
refuse. If they can provide it, let it be the revenue of the Roman
people rather than the plunder of the praetor. [202]
In the next place, why is that valuation established for only one
description of corn? If it is just and endurable, then Sicily owes the
Roman people tenths; let it give three denarii for each
single modius of wheat; let it keep the corn itself.
Money has been paid to you, O Verres,--one
sum with which you were to buy corn for the granary, the other with
which you were to buy corn from the cities to send to Rome.
You keep at your own house the money which has been given to you; and
besides that, you receive a vast sum in your own name. Do the same with
respect to that corn which belongs to the Roman
people; exact money from the cities according to the same valuation,
and give back what you have received,--then the treasury of the Roman
people will be better filled than it ever has been.
[203] But Sicily
could not endure that in the case of the public corn; she did indeed
bear it in the case of my own. Just as if that valuation was more just
when your advantage was concerned, than when that of the Roman
people was; or, as if the conduct which I speak of and that which you
adopted, differed only in the description of the injury, and not in the
magnitude of the sum involved. But that granary they can by no means
bear, not even if everything else be remitted; not even if they were
for ever hereafter delivered from all the injuries and distresses which
they have suffered while you were praetor, still they say that they
could not by any possibility support that granary and that valuation.
LXXXVIII.[204] Sophocles of Agrigentum, a most eloquent
man, adorned with every sort of learning and with every virtue, is said
to have spoken lately before Cnaeus Pompeius, when he was consul, on
behalf of all Sicily,
concerning the miseries of the cultivators, with great earnestness and
great variety of arguments, and to have lamented their condition to
him. And of all the things which he mentioned, this appeared the most
scandalous to those who were present, (for the matter was discussed in
the presence of a numerous assembly,) that, in the very matter in which
the senate had dealt most honestly and most kindly with the
cultivators, in that the praetor should plunder, and the cultivators be
ruined and that should not only be done, but done in such a manner as
if it were lawful and permitted.
[205] What says
Hortensius
to this? that the charge is false? He will never say this.--That no
great sum was gained by this method? He will not even say that.--That
no injury was done to Sicilians and the cultivators? How can he say
that?--What then, will he say,--That it was done by other men. What is
the meaning of this? Is it a defence against the charge, or company in
banishment that he is seeking for? Will you in this republic, in this
time of unchecked caprice, and (as up to this time the course of
judicial proceedings has proved) licentiousness on the part of men,
will you defend that which is found fault with, and affirm that it has
been done properly; not by reference to right, nor to equity, nor to
law, nor because it was expedient, nor because it was allowed, but
because it was some one else who did it? [206]
Other men, too, hare done other things, and plenty of them; why in this
charge alone do you use this sort of defence? There are some things in
you so extraordinary, that they cannot be said of, or meet in the
character of, any other man; there are some things which you have in
common with many men. Therefore, to say nothing of your acts of
peculation, or of your taking money for the appointment of judges, and
other things of that sort which, perhaps, other men also may have
committed; will you defend yourself, also, from the charge which I
bring against you as the most serious one of all--the charge, namely,
of having taken money to influence your legal decisions, by the same
argument, that others have done so too? Even if I were to admit the
assertion, still I should not admit it as any defence. For it would be
better that by your condemnation there should be more limited room for
defending dishonesty left to others, than that, owing to your
acquittal, others should be thought to have legitimately done what they
have done with the greatest audacity.
LXXXIX.[207] All the provinces are mourning; all the
nations
that are free are complaining; every kingdom is expostulating with us
about our covetousness and our injustice; there is now no place on this
side of the ocean, none so distant, none so out of the way, that, in
these latter times, the lust and iniquity of our citizens has not
reached it. The Roman
people is now no longer able to bear (I have not to say the violence,
the arms, and the war, but) the mourning, the tears, and the
complaints, of all foreign nations. In a case of this sort, in speaking
of customs of this sort, if he who is brought before the tribunal, when
he is detected in evident crimes, says that others have also done the
same, he will not want examples; but the republic will want safety, if,
by the precedents of wicked men, wicked men are to be delivered from
trial and from danger. [208] Do
you
approve of the manners of men at present? Do you approve of men's
behaving themselves in magistracies as they do? Do you approve,
finally, of our allies being treated as you see that they have been
treated all this time? Why am I forced to take all this trouble? Why
are you all sitting here? Why do you not rise up and depart before I
have got halfway through my speech? Do you wish to lay open at all the
audacity and licentiousness of these men? Give up doubting whether it
is more useful, because there are so many wicked men, to spare one, or
by the punishment of one wicked man, to check the wickedness of many. [209]
Although, what are those numerous instances of wicked men? For when in
a cause of such importance, when in the case of a charge of such
gravity, the defendant has begun to say that anything has frequently
been done, those who hear him are expecting precedents drawn from
ancient tradition; from old records and old documents, full of dignity,
full of antiquity.
XC. For such instances usually have both a great deal
of
authority in proving any point, and are very pleasant to hear cited.
Will you speak to me of the Africani, and the Catos and the Laelii, and
will you say that they have done the same thing? Then, even though the
act might not please me, still I should not be able to fight against
the authority of those men. But, since you will not be able to produce
them, will you bring forward these moderns, Quintus Catulus the father,
Caius Marcius, Quintus Scaevola, Marcus Scaurus, Quintus Metellus?
who have all governed provinces, and who have all levied corn on the
ground of filling the granary. The authority of the men is great, so
great as to be able to remove all suspicion of wrong-doing. [210]
But you have not, even out of these men who have lived more recently,
one precedent of that authority. Whither, then, or to what examples
will you bring me back? Will you lead me away from those men who have
spent their lives in the service of the republic at a time when manners
were very strict, and when the opinion of men was considered of great
weight, and when the courts of justice were severe, to the existing
caprice and licentiousness of men of the present age? And do you seek
precedents for your defence among those men, as a warning to whom the
Roman
people have decided that they are in need of some severe examples? I do
not, indeed, altogether condemn the manners of the present time, as
long as we follow those examples which the Roman
people approves of; not those which it condemns. I will not look around
me, I will not go out of doors to seek for any one, while we have as
judges those chiefs of the city, Publius Servilius and Quintus Catulus,
who are men of such authority, and distinguished for such exploits,
that they may be classed in that number of ancient and most illustrious
men of whom I have previously spoken. [211]
We are seeking examples, and those not ancient ones. Very lately each
of them had an army. Ask, O Hortensius, since you are fond of modern
instances, what they did. Will you not? Quintus Catulus used corn, but
he exacted no money. Publius Servilius,
though he commanded an army for five years, and by that means might
have made an incalculable sum of money, thought that nothing was lawful
for himself which he had not seen his father and his grandfather,
Quintus Metellus, do. Shall Caius Verres
be found, who will say that everything is lawful for him which is
profitable? Will he allege in his defence that he has done in
accordance with the example set by others, what none, except wicked
men, ever have done? Oh, but it has been often done in Sicily.
XCI. What is that condition in which Sicily
is? Why is the law of injustice, especially defined by a reference to
the usages prevalent in that land which, on account of its antiquity as
our ally, its fidelity, and its nearness to us, ought to enjoy the best
laws of all? [212]
However, in Sicily itself, (I will not go abroad to look for examples,)
I will take examples out of the very bench of judges before me. Caius
Marcellus, I call you as a witness. You governed the province of Sicily
when you were proconsul.
Under your command were any sums of money extorted, under the name of
money for the granary? I do not give you any credit for this. There are
other exploits, other designs of yours worthy of the highest praise,
measures by which you recovered and set up again an afflicted and
ruined province. For even Lepidus whom you succeeded had not committed
this fraud about the granary. What precedents then have you in Sicily
affecting this charge about the granary, if you cannot defend yourself
from the accusation by quoting any action even of Lepidus, much less
any action of Marcellus? [213] Are
you going to bring me back to the valuation of the corn, and the
exaction of money by Marcus Antonius? Just so, says he; to the
valuation of Marcus Antonius. For this is what he seemed to mean by his
signs and nods. Out of all the praetors of the Roman people then, and
consuls, and generals, have you selected Marcus Antonius,
and even the most infamous action done by him, for your imitation? And
here is it difficult for me to say, or for the judges to think, that in
that unlimited authority Marcus Antonius behaved himself in such a
manner, that it is by far more injurious to Verres to say that as he,
in a most infamous transaction, wished to imitate Antonius, than if he
were able to allege in his defence, that he had never in his whole life
done anything like Marcus Antonius?
Men in trials are accustomed to allege, in making a defence against an
accusation, not what any one did, but what he did that was good. In the
middle of his course of injustice and covetousness death overtook
Antony,
while he was still both doing and planning many things contrary to the
safety of the allies many things contrary to the advantage of our
provinces. Will you defend the audacity of Verres by the example of
Antonius, as if the senate and people of Rome approved of all his
actions and designs?
XCII.[214] But Sacerdos
did the same. You name an upright man, and one endued with the greatest
wisdom; but he can only be thought to have done the same thing, if he
did it with the same intention. For the mere fact of the valuation has
never been found fault with by me; but the equity of it depends on the
advantage to, and willingness of the cultivator. No valuation can be
found fault with, which is not only not disadvantageous, but which is
even pleasing to the cultivator. Sacerdos, when he came into the
province, commanded corn to be provided for the granary. As before the
new harvest came in a modius of wheat was five denarii,
the cities begged of him to have a valuation. The valuation wee
somewhat lower than the actual market price, for he valued it at three denarii.
You see that the same fact of a valuation, through the dissimilarity of
the occasion, was a cause of praise in his instance, of accusation in
yours. In his instance it was a kindness, in yours an injury. [215] The same year Antonius valued
corn at three denarii,
after the harvest, in a season of exceeding cheapness, when the
cultivators would rather give the corn for nothing, and he said that he
had valued it at the same price as Sacerdos;
and he spoke truly, but yet' by the same valuation the one had relieved
the cultivators, the other had ruined them. And if it were not the case
that the whole value of corn must be estimated by the season, and the
market price, not by the abundance, nor by the total amount, these modii
and a half of yours, O Hortensius, would never have been so agreeable;
in distributing which to the Roman
people, for every head, small as the quantity was, you did an action
which was most agreeable to all men; for the dearness of corn caused
that, which seemed a small thing in reality, to appear at that time a
great one. If you had given such a largess to the Roman people in a
time of cheapness, your kindness would have been derided and despised.
XCIII.[216] Do not, therefore, say that Verres did the
same as Sacerdos
had done, since he did not do it on the same occasion, nor when wheat
was at a similar price; say rather, since you have a competent
authority to quote, that he did for three years what Antonius did on
his arrival, and with reference to scarcely a month's provisions, and
defend his innocence by the act and authority of Marcus Antonius. For
what will you say of Sextus Peducaeus,
a most brave and honest man? What cultivator ever complained of him? or
who did not think that his praetorship was the most impartial and the
most active one that has ever been known up to this time? He governed
the province for two years, when one year wee a year of cheapness, the
other a year of the greatest dearness. Did any cultivator either give
him money in the cheap season, or in the dear season complain of the
valuation of his corn? Oh, but provisions were very abundant that dear
season. [217] I believe they were;
that is not a new thing nor a blamable one. We very lately saw Caius
Sentius, a man of old-fashioned and extraordinary incorruptibility, on
account of the dearness of food which existed in Macedonia,
make a great deal of money by furnishing provisions. So that I do not
grudge you your profits, if any have come to you legally; I complain of
your injustice; I impeach your dishonesty; I cat your avarice into
court, and arraign it before this tribunal.
But if you wish to excite a suspicion that this charge belongs
to
more men and more provinces than one, I will not be afraid of that
defence of yours, but I will profess myself the defender of all the
provinces. In truth I say this, and I say it with a loud voice,
“Wherever this has been done, it has been done wickedly; whoever has
done it is deserving of punishment.”
XCIV.[218] For, in the name of the immortal gods, see,
O judges,
look forward with your mind's eye at what will be the result. Many men
have exacted large sums from unwilling cities, and from unwilling
cultivators, in this way, under pretence of filling the granary. (I
have no idea of any one person having done so except him, but I grant
you this, and I admit that many have.) In the case of this man you see
the matter brought before a court of justice; what can you do? can you,
when you are judges in a case of embezzlement which is brought before
you, overlook the misappropriation of so large a sum? or can you,
though the law was made for the sake of the allies, turn a deaf ear to
the complaints of the allies? [219]
However, I give up this point too to you. Disregard what is past, if
you please; but do not destroy their hopes for the future, and ruin all
the provinces; guard against this,--against opening, by your authority,
a visible and broad way for avarice, which up to this time has been in
the habit of advancing by secret and narrow paths; for if you approve
of this, and if you decide that it is lawful for money to be taken on
that pretext, at all events there is no one except the most foolish of
men who will not for the future do what as yet no one except the most
dishonest of men ever has done; they are dishonest men who exact money
contrary to the laws, they are fools who omit to do what it has been
decided that they may do. [220] In
the
next place, see, O judges, what a boundless licence for plundering
people of money you will he giving to men. If the man who exacts three denarii
is acquitted, some one else will exact four, five, presently ten, or
even twenty. What reproof will he meet with? At what degree of injury
will the severity of the judge first begin to make a stand? How many denarii
will it be that will be quite intolerable? and at what point will the
iniquity and dishonesty of the valuation be first arraigned? For it is
not the amount, but the description of valuation that will be approved
of by you. Nor can you decide in this manner, that it is lawful for a
valuation to be made when the price fixed is three denarii,
but not lawful when the price fixed is ten; for when a departure is
once made from the standard of the market price, and when the affair is
once so changed that it is not the advantage of the cultivators which
is the rule, but the will of the praetor, then the manner of valuing no
longer depends on law and duty, but on the caprice and avarice of men.
XCV. Wherefore, if in giving your decisions you once
pass over
the boundary of equity and law, know that you impose on those who come
after no limit to dishonesty and avarice in valuing. [221] See,
therefore, how many things are required of you at once. Acquit the man
who confesses that he has taken immense sums, doing at the same time
the greatest injury to our allies. That is not enough. There are also
many others who have done the same thing. Acquit them also, if there
are any; so as to release as many rogues as possible by one decision.
Even that is not enough. Cause that it may be lawful to those who come
after them to do the same thing. It shall be lawful. Even this is too
little. Allow it to be lawful for every one to value corn at whatever
price he pleases. He may so value it. You see now, in truth, O judges,
that if this valuation be approved of by you, there will be no limit
hereafter to any man's avarice, nor any punishment for dishonesty. [222] What, therefore, O Hortensius,
are you about? You are the consul elect, you have had a province
allotted to you. When you speak on the subject of the valuation of
corn, we shall listen to you as if you were avowing that you will do
what you defend as having been legitimately done by Verres;
and as if you were very eager that that should be lawful for you which
you say was lawful for him. But if that is to be lawful, there is
nothing which you can imagine any one likely to do hereafter, in
consequence of which he can possibly be condemned for extortion. For
whatever sum of money any one covets, that amount it will be lawful for
him to acquire, under the plea of the granary, and by means of the
highness of the valuation.
XCVI.[223] But there is a thing, which, even if
Hortensius does not say it openly in defending Verres,
he still does say in such a manner that you may suspect and think that
this matter concerns the advantage of the senators; that it concerns
the advantage of those who are judges, and who think that they will
some day or other be in the provinces themselves as governors or as
lieutenants. But you must think that we have splendid judges, if you
think them likely to show indulgence to the faults of others, in order
the more easily to be allowed to commit faults themselves. Do we then
wish the Roman
people, do we wish the provinces, and our allies, and foreign nations
to think that, if senators are the judges, this particular manner of
extorting immense sums of money with the greatest injustice will never
be in any way chastised? But if that be the case, what can we say
against that praetor who every day occupies the senate, who insists
upon it that the republic can not prosper, if the office of judge is
not restored to the equestrian order? [224]
But if he begins to agitate this one point, that there is one
description of extortion, common to all the senators, and now almost
legalized in the case of that order, by which immense sums are taken
from the allies with the greatest injustice; and that this cannot
possibly be repressed by tribunals of senators, but that, while the
equestrian order furnished the senators, it never was committed; who,
then, can resist him? Who will be so desirous of gratifying you, who
will be such a partisan of your order, as to be able to oppose the
transference of the appointment of judges to that body?
XCVII. And I wish he were able to make a defence to
this
charge by any argument, however false, as long as it is natural and
customary. You could then decide with less danger to yourselves, with
less danger to all the provinces. Did he deny that he had adopted this
valuation? You would appear to have believed the man in that statement,
not to have approved of his action. He cannot possibly deny it. It is
proved by all Sicily.
Out of all that numerous band of cultivators, there is not one from
whom money has not been exacted on the plea of the granary. [225]
I wish he were able to say even this, that that affair does not concern
him; that the whole business relating to corn was managed by the
quaestors. Even that he cannot say, because his own letters are read
which were sent to the cities, written on the subject of the three denarii.
What then is his defence? “I have done what you accuse me of; I have
extorted immense sums on the plea of the granary; but it was lawful for
me to do so, and it will be lawful for you if you take care.” A
dangerous thing for the provinces for any classes of injury to be
established by judicial decision to a dangerous thing for our order,
for the Roman
people to think that these men, who themselves are subject to the laws,
cannot defend the laws with strictness when they are judges. And while
that man was praetor, O judges, there was not only no limit to his
valuing corn, but there was none either to his demands of corn. Nor did
he command that only to be supplied that was due, but as much as was
advantageous for himself. I will put before you the sum total of all
the corn commanded to be furnished for the granary, as collected out of
the public documents, and the testimonies of the cities You will find,
O judges, that man commanded the cities to supply five times as much as
it was lawful for him to take for the granary. What can be added to
this impudence, if he both valued it at such a price that men could not
endure it, and also commanded so much more to be supplied than was
permitted to him by the laws to require?
[226] Wherefore, now that you have heard the whole
business of the corn, O judges, you can easily see that Sicily, that
most productive and most desirable province, has been lost to the Roman
people, unless you recover it by your condemnation of that man. For
what is Sicily,
if you take away the cultivation of its land, and if you extinguish the
multitude and the very name of the cultivators of the soil? For what
can there be left of disaster which has not come to those unhappy
cultivators, with every circumstance of injury and insult? They were
liable, indeed, to pay tenths, but they have scarcely had a tenth left
for themselves. When money has been due to them, it has not been paid;
though the senate intended them to supply corn for the granary
according to a very equitable valuation, they have been compelled to
sell even the tools with which they cultivate their lands.
XCVIII.[227] I have already said, O judges, that even
if you
remove all these injuries, still that the occupation of cultivating
land is maintained owing to the hopes and a certain sort of pleasure
which it gives, rather than because of the profit and emolument arising
from it. In truth every year constant labour and constant expense is
incurred in the hope of a result which is casual and uncertain.
Moreover, the crop does not command a high price, except in a
disastrous harvest. But if there has been a great abundance of crops
gathered, then there is cheapness in selling them. So that you may see
that the corn must be badly sold if it is got in well, or else that the
crop must be bad if you get a good price for it. And the whole business
of agriculture is such, that it is regulated not by reason or by
industry, but by those most uncertain things,--the weather and the
winds. When from agriculture one tenth is extracted by law and on fair
terms,--when a second is levied by a new regulation, on account of the
necessity of procuring a sufficient supply for ourselves,--when,
besides, corn is purchased every year by public authority,--and when,
after all that, more still is ordered by magistrates and lieutenants to
be supplied for the granary,--what, or how much is there after all this
of his own crop which the cultivator or owner can have at his own
disposal, for his own profit? [228]
And if all this is endured,--if by their care, and expense, and labour,
they consult your advantage and that of the Roman
people rather than themselves and their own profit,--still, ought they
also to bear these new edicts and commands of the praetors, and the
imperiousness of Apronius, and the robberies and rapine of the slaves
of Venus?
Ought they also to supply corn which ought to be purchased of them
without getting any payment for it? Ought they also, though they are
willing to supply corn for the granary without payment, to be forced to
pay large sums too? Ought they also to endure all these injures and all
these losses accompanied with the greatest insult and contumely?
Therefore, O judges, those things which they have not at all been able
to bear, they have not borne. You know that over the whole of Sicily
the allotments of land are deserted and abandoned by their owners. Nor
is there anything else to be gained by this trial, except that our most
ancient and faithful allies, the Sicilians, Roman
settlers, and the cultivators of the soil, owing to your strictness and
your care, may return to their farms and to their homes under my
guidance and through my instrumentality.