You have in your power to remove and to eradicate the disgrace and infamy which has now for many years attached to your order. It is evident to all men, that since these tribunals have been established which we now have, there has never been a bench of judges of the same splendour and dignity as this. Cicero several times in these orations takes credit to himself for his industry and intrepidity in striking all judges liable to suspicion off the list of those who were to try this case. If anything is done wrongly in this case, all men will think not that other more capable judges should be appointed of the same order of men, which is not possible; but that another order must be sought for, from which to select the judges for the future.

On which account, in the first place, I beg this of the immortal gods, which I seem to myself to have hopes of too, that in this trial no one may be found to be wicked except him who has long since been found to be such; secondly, if there are many wicked men, I promise this to you, O judges, I promise this to the Roman people, that my life shall fail rather than my vigour and perseverance in prosecuting their iniquity.

But that iniquity, which, if it should be committed, I promise to prosecute severely, with however much trouble and danger to myself, and whatever enmities I may bring on myself by so doing, you, O Marcus Glabrio, can guard against ever taking place by your wisdom, and authority, and diligence. Do you undertake the cause of the tribunals. Do you undertake the cause of impartiality, of integrity, of good faith and of religion. Do you undertake the cause of the senate; that, being proved worthy by its conduct in this trial, it may come into favour and popularity with the Roman people. Think who you are, and in what a situation you are placed; what you ought to give to the Roman people, what you ought to repay to your ancestors. Let the recollection of the Acilian The Lex Acilia was carried by Marcus Acilius Glabrio, the father of this Glabrio, when tribune of the people; it abridged the proceedings in trials for extortion, and did not allow of the adjournment and delays which were permitted by previously existing laws. law passed by your father occur to your mind, owing to which law the Roman people has had this advantage of most admirable decisions and very strict judges in cases of extortion.

High authorities surround you which will not suffer you to forget your family credit; which will remind you day and night that your father was a most brave man, your grandfather a most wise one, and your father-in-law a most worthy man. Wherefore, if you have inherited the vigour and energy of your father Glabrio in resisting audacious men; if you have inherited the prudence of your grandfather Scaevola in foreseeing intrigues which are prepared against your fame and that of your fellow-judges; if you have any share of the constancy of your father-in-law Scaurus, so that no one can move you from your genuine and deliberate opinion, the Roman people will understand that with an upright and honourable praetor, and a carefully selected bench of judges, abundance of wealth has more influence in bringing a criminal into suspicion, than in contributing to his safety.

I am resolved not to permit the praetor or the judges to be hanged in this cause. I will not permit the matter to be delayed till the lictors of the consuls can go and summon the Sicilians, whom the servants of the consuls elect did not influence before, when by an unprecedented course of proceeding they sent for them all; I will not permit those miserable men, formerly the allies and friends of the Roman people, now their slaves and suppliants, to lose not only their rights and fortunes by their tyranny, but to be deprived of even the power of bewailing their condition;

I will not, I say, when the cause has been summed up by me, permit them after a delay of forty days has intervened, then at last to reply to me when my accusation has already fallen into oblivion through lapse of time; I will not permit the decision to be given when this crowd collected from all Italy has departed from Rome, which has assembled from all quarters at the same time on account of the comitia, of the games, and of the census. The reward of the credit gained by your decision, or the danger arising from the unpopularity which will accrue to you if you decide unjustly, I think ought to belong to you; the labour and anxiety to me; the knowledge of what is done and the recollection of what has been said by every one, to all.

I will adopt this course, not an unprecedented one, but one that has been adopted before, by those who are now the chief men of our state,—the course, I mean, of at once producing the witnesses. What you will find novel, O judges, is this, that I will so marshal my witnesses as to unfold the whole of my accusation; that when I have established it by examining my witnesses, by arguments, and by my speech, then I shall show the agreement of the evidence with my accusation: so that there shall be no difference between the established mode of prosecuting, and this new one, except that, according to the established mode, when everything has been said which is to be said, then the witnesses are produced; here they shall be produced as each count is brought forward; so that the other side shall have the same opportunity of examining them, of arguing and making speeches or their evidence. If there be any one who prefers an uninterrupted speech and the old mode of conducting a prosecution without any break, he shall have it in some other trial. But for this time let him understand that what we do is done by us on compulsion, (for we only do it with the design of opposing the artifice of the opposite party by our prudence.)

This will be the first part of the prosecution. We say that Caius Verres has not only done many licentious acts, many cruel ones, towards Roman citizens, and towards some of the allies, many wicked acts against both gods and men; but especially that he has taken away four hundred thousand sesterces out of Sicily contrary to the laws. We will make this so plain to you by witnesses, by private documents, and by public records that you shall decide that, even if we had abundant space and leisure days for making a long speech without any inconvenience, still there was no need at all of a long speech in this matter.

THE FIRST BOOK OF THE SECOND PLEADING AGAINST CAIUS VERRES.RESPECTING HIS CONDUCT IN THE CITY PRAETORSHIP.

THE ARGUMENT

The following five orations were never spoken: they were published afterwards as they had been prepared and intended to be spoken if Verres had made a regular defence; for as this was the only cause in which Cicero had been engaged as accuser, he was willing to leave these orations as a specimen of his abilities that way, and as a pattern of a just and diligent impeachment of a corrupt magistrate. But Hortensius had been so confounded by the novelty of Cicero's mode of conducting the prosecution, and by the strength of the case brought against his client, that he was quite unable to make any defence, and Verres went into voluntary exile.

In the beginning of this oration Cicero imagines Verres to be present, and to be prepared to make his defence, but before he proceeds to the main subjects of the prosecution, which occupy the last four orations he devotes this one to an examination of his previous character and conduct as a public man, as quaestor, as legatus, as praetor urbanus, and as praetor in Sicily; in order to show that his previous conduct had been such as to warrant any one in believing the charges he was now bringing against him.

I think that no one of you, O judges, is ignorant that for these many days the discourse of the populace, and the opinion of the Roman people, has been that Caius Verres would not appear a second time before the bench to reply to my charges, and would not again present himself in court; And this idea had not got about merely because he had deliberately determined and resolved not to appear, but because no one believed that any one would be so audacious, so frantic, and so impudent, as, after having been convicted of such nefarious crimes, and by so many witnesses, to venture to present himself to the eyes of the judges, or to show his face to the Roman people.

But he is the same Verres that he always was; as he was abandoned enough to dare, so he is hardened enough to listen to anything. He is present; he replies to us; he makes his defence. He does not even leave himself this much of character, to be supposed, by being silent and keeping out of the way when he is so visibly convicted of the most infamous conduct, to have sought for a modest escape for his impudence. I can endure this, O judges, and I am not vexed that I am to receive the reward of my labours, and you the reward of your virtue. For if he had done what he at first determined to, that is, had not appeared, it would have been somewhat less known than is desirable for me what pains I had taken in preparing and arranging this prosecution: and your praise, O judges, would have been exceedingly slight and little heard of.

For this is not what the Roman people is expecting from you, nor what it can be contented with,—namely, for a man to be condemned who refuses to appear, and for you to act with resolution in the case of a man whom nobody has dared to defend. Aye, let him appear, let him reply; let him be defended with the utmost influence and the utmost zeal of the most powerful men, let my diligence have to contend with the covetousness of all of them, your integrity with his riches, the consistency of the witnesses with the threats and power of his patrons. Then indeed those things will be seen to be overcome when they have come to the contest and to the struggle. But if he had been condemned in his absence, he would have appeared not so much to have consulted his own advantage as to have grudged you your credit.

For neither can there be any greater safety for the republic imagined at this time, than for the Roman people to understand that, if all unworthy judges are carefully rejected by the accusers, the allies, the laws, and the republic can be thoroughly defended by a bench of judges chosen from the senators; nor can any such injury to the fortunes of all happen, as for all regard for truth, for integrity, for good faith, and for religion to be, in the opinion of the Roman people, cast aside by the senatorial body.

And therefore, I seem to myself, O judges, to have undertaken to uphold an important, and very failing, and almost neglected part of the republic, and by so doing to be acting not more for the benefit of my own reputation than of yours. For I have come forward to diminish the unpopularity of the courts of justice, and to remove the reproaches which are levelled at them; in order that, when this cause has been decided according to the wish of the Roman people, the authority of the courts of justice may appear to have been re-established in some degree by my diligence; and in order that this matter may be so decided that an end may be put at length to the controversy about the tribunals;

and, indeed, beyond all question, O judges, that matter depends on your decision in this cause. For the criminal is most guilty. And if he be condemned, men will cease to say that money is all powerful with the present tribunal; but if he be acquitted we shall cease to be able to make any objection to transferring the tribunal to another body. Although that fellow has not in reality any hope, nor the Roman people any fear of his acquittal, there are some men who do marvel at his singular impudence in being present, in replying to the accusations brought against him; but to me even this does not appear marvellous in comparison with his other actions of audacity and madness. For he has done many impious and nefarious actions both against gods and men; by the punishment for which crimes he is now disquieted and driven out of his mind and out of his senses.

The punishments of Roman citizens are driving him mad, some of whom he has delivered to the executioner, others he has put to death in prison, others he has crucified while demanding their rights as freemen and as Roman citizens. The gods of his fathers are hurrying him away to punishment, because he alone has been found to lead to execution sons torn from the embraces of their fathers, and to demand of parents payment for leave to bury their sons. The reverence due to, and the holy ceremonies practiced in, every shrine and every temple—but all violated by him; and the images of the gods, which have not only been taken away from their temples, but which are even lying in darkness, having been cast aside and thrown away by him—do not allow his mind to rest free from frenzy and madness.

Nor does he appear to me merely to offer himself to condemnation, nor to be content with the common punishment of avarice, when he has involved himself in so many atrocities; his savage and monstrous nature wishes for some extraordinary punishment. It is not alone demanded that, by his condemnation, their property may be restored to those from whom it has been taken away; but the insults offered to the religion of the immortal gods must be expiated, and the tortures of Roman citizens, and the blood of many innocent men, must be atoned for by that man's punishment.