In C. Verrem
Cicero, Marcus Tullius
Cicero. The Orations of Marcus Tullius Cicero, Volume 1. Yonge, Charles Duke, translator. London: Bell, 1903.
And he, even during his praetorship, exercised the office of judge in public cases. [*](The praetors appointed the judges, but had not themselves the right of sitting as judges in all criminal cases, only in a few special ones.) For even that must not be passed over. A fine was sought to be recovered from Quintus Opimius before him while praetor; who was brought to trial, as it was alleged, indeed, because while tribune of the people he had interposed his veto in a manner contrary to the Cornelian law, [*](This law had been passed by Sulla to take away from the tribunes the power of interposing their veto, but Pompeius restored it to them.) but, in reality, because while tribune of the people he had said something which gave offence to some one of the nobles. And if I were to wish to say anything of that decision, I should have to call in question and to attack many people, which it is not necessary for me to do. I will only say that a few arrogant men, to say the least of them, with his assistance, ruined all the fortunes of Quintus Opimius in fun and joke.
Again; does he complain of me, because the first pleading of his cause was brought to an end by me in nine days only; when before himself as judge. Quintus Opimius, a senator of the Roman people, in three hours lost his property, his position, and all his titles of honour? On account of the scandalous nature of which decision, the question has often been mooted in the senate of taking away the whole class of fines and sentences of that sort. But what plunder he amassed in selling the property of Quintus Opimius, and how openly, how scandalously he amassed it, it would take too long to relate now. This I say,—unless I make it plain to you by the account-books of most honourable men, believe that I have invented it all for the present occasion.
Now the man who profiting by the disaster of a Roman senator, at whose trial he had presided while praetor, endeavoured to strip him of his spoils and carry them to his own house, has he a right to deprecate any calamity to himself? For as for the choosing of other judges by Junius, [*](In the trial between Cluentius and Oppianicus, Junius was the presiding judge. The imputation on him was, that he had used fraudulent tricks to pack the tribunal, in selecting by lot the judges who were to act instead of those who had been objected to by both parties.) of that I say nothing. For why should I? Should I venture to speak against the lists which you produced? It is difficult to do so; for not only does your own influence and that of the judges deter me, but also the golden ring of your secretary. [*](The allusion is to the golden ring which Verres, when leaving Sicily, had publicly decreed to his secretary, as is mentioned also in the fourth oration against Verres, that “De Re Frumentaria.”) I will not say that which it is difficult to prove; I will say this—which I will prove,—that many men of the first consequence heard you say that you ought to be pardoned for having produced a false list, for that, unless you had guarded against it, you yourself would also have been ruined by the same storm of unpopularity as that under which Caius Junius fell.
In this way has that fellow learnt to take care of himself and of his own safety, by entering both in his own private registers and in the public documents what had never happened; by effacing all mention of what had; and by continually taking away something, changing something (taking care that no erasure was visible), interpolating something. For he has come to such a pitch, that he cannot even find a defence for his crimes without committing other grimes. That most senseless man thought that such a substitution of his own judges also could be effected by the instrumentality of his comrade, Quintus Curtius, who was to be principal judge; and unless I had prevented that by the power of the people, and the outcries and reproaches of all men, the advantage of having judges taken from this decuria [*](“With the passing of special enactments for the punishment of particular offences was introduced the practice of forming a body of judices for the trial of such offences as the enactments were directed against. Thus it is said that the lex Calpurnia de pecuniis repetundis established the album judicum, or the body out of which the judices were to be chosen. It is not known what was the number of the judges so constituted, but it has been conjectured that the number was three hundred and fifty, and that ten were chosen from each tribe, and thus the origin of the phrase, decuriae judicum is explained.“—Smith, Dict. Ant. p. 531, v. Judex.) of our body, whose influence it was desirable for me should be rendered as extensive an possible, while he was substituting others for them without any reason, and placing on the bench those whom Verres had approved. ---
Many things, O judges, must be necessarily passed over by me, in order that I may be able at last to speak in some manner of those matters which have been entrusted to my good faith. For I have undertaken the cause of Sicily; that is the province which has tempted me to this business. But when I took upon myself this burden, and undertook the cause of Sicily, in my mind I embraced a wider range, for I took upon myself also the cause of my whole order—I took upon myself the cause of the Roman people; because I thought that in that case alone could a just decision be come to, if not only a wicked criminal was brought up, but if at the same time a diligent and firm accuser came before the court.
On which account I must the sooner come to the cause of Sicily omitting all mention of his other thefts and iniquities, in order that I may be able to handle it while my strength is yet unimpaired, and that I may have time enough to dilate fully on the business. And before I begin to speak of the distresses of Sicily, it seems to me that I ought to say a little of the dignity and antiquity of that province, and of the advantage which it is to us. For as you ought to have a careful regard for all the allies and provinces, so especially ought you to have a regard for Sicily, O judges, for many, and those the greatest, reasons:—First, because of all foreign nations Sicily was the first who joined herself to the friendship and alliance of the Roman people. She was the first to be called a province; and the provinces are a great ornament to the empire. She was the first who taught our ancestors how glorious a thing it was to rule over foreign nations. She alone has displayed such good faith and such good will towards the Roman people, that the states of that island which have once come into our alliance have never revolted afterwards, but many of them, and those the most illustrious of them, have remained firm to our friendship for ever.
Therefore our ancestors made their first strides to dominion over Africa from this province. Nor would the mighty power of Carthage so soon have fallen, if Sicily had not been open to us, both as a granary to supply us with corn, and as a harbour for our fleets. Wherefore, Publius Africanus, when he had destroyed Carthage, adorned the cities of the Sicilians with most beautiful statues and monuments, in order to place the greatest number of monuments of his victory among those whom he thought were especially delighted at the victory of the Roman people.
Afterwards that illustrious man, Marcus Marcellus himself, whose valour in Sicily was felt by his enemies, his mercy by the conquered, and his good faith by all the Sicilians, not only provided in that war for the advantage of his allies, but spared even his conquered enemies. When by valour and skill he had taken Syracuse, that most beautiful city, which was not only strongly fortified by art, but was protected also by its natural advantages—by the character of the ground about it, and by the sea—he not only allowed it to remain without any diminution of its strength, but he left it so highly adorned, as to be at the same time a monument of his victory, of his clemency, and of his moderation; when men saw both what he had subdued, and whom he had spared, and what he had left behind him. He thought that Sicily was entitled to have so much honour paid to her, that he did not think that he ought to destroy even an enemy's city in an island of such allies.
And therefore we have always so esteemed the island of Sicily for every purpose, as to think that whatever she could produce was not so much raised among the Sicilians as stored up in our own homes. When did she not deliver the corn which she was bound to deliver, by the proper day? When did she fail to promise us, of her own accord, whatever she thought we stood in need of? When did she ever refuse anything which was exacted of her? Therefore that illustrious Marcus Cato the wise called Sicily a storehouse of provisions for our republic—the nurse of the Roman people. But we experienced, in that long and difficult Italian war which we encountered, that Sicily was not only a storehouse of provisions to us, but was also an old and well-filled treasury left us by our ancestors; for, supplying us with hides, with tunics, and with corn, it clothed, armed, and fed our most numerous armies, without any expense at all to us.
What more need I say? How great are these services, O judges, which perhaps we are hardly aware we are receiving,—that we have many wealthy citizens, that they have a province with which they are connected, faithful and productive to which they may easily make excursions, where they may be welcome to engage in traffic; citizens, some of whom she dismisses with gain and profit by supplying them with merchandise, some she retains, as they take a fancy to turn farmers, or graziers, or traders in her land, or even to pitch in it their habitations and their homes. And this is no trifling advantage to the Roman people, that so vast a number of Roman citizens should be detained so near home by such a respectable and profitable business.