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