In C. Verrem

Cicero, Marcus Tullius

Cicero. The Orations of Marcus Tullius Cicero, Volume 1. Yonge, Charles Duke, translator. London: Bell, 1903.

Whoever wished to be made a senator, though he was a boy, though he was unworthy, though he was of a class from which it was not lawful to take senators; still, if he paid money enough to appear in his eyes a fit man to gain his object, so it always was. Not only the laws of the Sicilians had no influence in this matter, but even those which had been given to them by the senate and people of Rome had none either. For the laws which he makes who has the supreme command given to him by the Roman people, and authority to make laws conferred on him by the senate, ought to be considered the laws of the senate and people of Rome.

The citizens of Halesa, who were till lately in the enjoyment of their own laws, in return for the numerous and great services and good deeds done both by themselves and by their ancestors to our republic, lately in the consulship of Lucius Licinius and Quintus Mucius, requested laws from our senate, as they had disputes among themselves about the elections into their senate. The senate, by a very honourable decree, voted that Caius Claudius Pulcher, the son of Appius the praetor, should give them laws to regulate their elections into their senate. Caius Claudius, taking as his counselors all the Marcelli who were then alive, with their advice gave laws to the men of Halesa in which he laid down many rules about the age of the men who might be elected; that no one might be under thirty years of age; about trade,—that no one engaged in it might be elected; about their income, and about all other matters; all which regulations prevailed till that man became praetor by the authority of our magistrates, and with the cordial good-will of the men of Halesa. But from him even a crier who was desirous of it, bought that rank for a sum of money, and boys sixteen and seventeen years old purchased the title of senator; and that which the men of Halesa, our most ancient and faithful allies and friends, had petitioned, and that successfully, at Rome, to have put on such a footing that it might not be lawful for men to be elected even by vote, he now made easy to be obtained by bribery.

The people of Agrigentum have old laws about appointing their senate, given them by Scipio, in which the same principles are laid down, and this one besides,—as there are two classes of Agrigentines, one of the old inhabitants, and the other of the new,—settlers whom Titus Manlius, when praetor, had led from other towns of the Sicilians to Agrigentum, in obedience to a resolution of the senate;—it was provided in the laws of Scipio, that there should not be a greater number of members of the senate taken from the class of settlers than from the old inhabitants of Agrigentum. That man, who had levelled all laws by bribery, and who had taken away all distinction between things for money, not only disturbed all those regulations which related to age, rank, and traffic, but even with respect to these two classes of old and new inhabitants, he disturbed the proportion of their selection.

For when a senator died of the old inhabitants, and when the remaining number of each class was equal, it was necessary, according to the laws, that one of the original inhabitants should be elected in order that there might be the larger number. And though this was the case, still, not only some of the original inhabitants, but also some of the new settlers, came to him to purchase the rank of senator. The result is, that through bribery, one of the new men carries the day, and gets letters of appointment from the praetor. The Agrigentines send deputies to him to inform him of their laws, and to explain to him the invariable usage of past years, in order that he might be aware that he had sold that rank to one with whom he had no right even to treat on the subject. By whose speech, as he had already received the money, he was not in the least influenced.

He did the same thing at Heraclea. For thither also Publius Rupilius led settlers and gave them similar laws about the appointment of the senate, and about the number of the old and new senators. There he did not only receive money, as he did in the other cities, but he even confused the class of the original inhabitants and of the new settlers. Do not wait for me to go through all the cities of Sicily in my speech. In this one statement I comprehend everything,—that no one could be made a senator while he was praetor except those who had given him money.

And I carry on the same charge to all magistracies, agencies, and priesthoods; by which acts he has not only trampled on the laws of men, but on all the religious reverence due to the immortal gods. There is at Syracuse a law respecting their religion, which enjoins a priest of Jupiter to be taken by lot every year; and that priesthood is considered among the Syracusans as the most honourable.

When three men have been selected by vote out of the three classes of citizens, the matter is decided by lot. He by his absolute command had contrived to have his intimate friend Theomnastus returned among the three by vote. When it came to the decision by lot, which he could not command, men were waiting to see what he would do. The fellow at first forbade them to elect by lot, as that seemed the easiest way, and ordered Theomnastus to be appointed without casting lots. The Syracusans say that cannot possibly be done, according to the reverence due to their sacred laws; they say it would be impious. He orders the law to be read to him. It is read. In it was written, “that as many lots were to be thrown into the urn as there were names returned; that he whose name was drawn was to have the priesthood.” He then, ingenious and clever man! said, “Capital! it is written, ‘As many lots as there are names returned;’ how many names then were returned?” It is answered, “Three.” “Is there then anything necessary except that three lots should be put in, and one drawn out?” “Nothing.” He orders three lots to be put in, on all of which was written the name of Theomnastus. A great outcry arises as it seemed to every one a scandalous and infamous proceeding. And so by these means that most honourable priesthood is given to Theomnastus.

At Cephalaedium there is a regular month, in which the pontifex is bound to be appointed. A man of the name of Artemo, surnamed Climachias, was desirous of that honour a man of sufficient riches to be sure, and of noble family; but he could not possibly have been appointed if a man of the name of Herodotus had been present. For that place and rank was thought to be so decidedly due to him for that year, that even Climachias could say nothing against him. The matter is referred to Verres, and is decided according to his usual fashion. Some beautiful and valuable specimens of carving are removed from Artemo's. Herodotus was at Rome; he thought that he should arrive in time enough for the comitia if he came the day before. Verres, in order that the comitia might not be held in any other month than the regular one, and that the honour might not be refused to Herodotus when he was present, (a thing which he was not anxious for, and which Climachias was very eager to avoid,) contrives, (I have said before, there is no one cleverer, and never was, in his way,)—he contrives, I say, how the comitia may be held in the regular month for them, and yet Herodotus may not be able to be present.

It is a custom of the Sicilians, and of the rest of the Greeks, because they wish their days and months to agree with the calculations as to the sun and moon, if there be any difference sometimes to take out a day, or, at most, two days from a month, which they call e)caire/simoi. And so also they sometimes make a month longer by a day or by two days. And when he heard of that, he, this new astronomer, who was thinking not so much of the heavens as of the heavy plate, [*](The original puns on the resemblance between caelum, “heaven,” and caelatum, “carved” or “chased.”) he orders (not a day to be taken out of the month, but) a month and a half to be taken out of the year; so that the day which, as one may say, ought to have been the thirteenth of January, became the first of March. And that is done in spite of the remonstrances and indignation of every one. That was the legitimate day for holding the comitia. On that day Climachias is declared to have been elected priest.

When Herodotus returns from Rome, fifteen days, as he supposed, before the comitia, he comes on the month of the comitia, when the comitia have been held thirty days before. Then the people of Cephalaedium voted an intercalary month of forty-five days, in order that the rest of the months might fall again into their proper season. If these things could be done at Rome, no doubt he would somehow or other have contrived to have the forty-five days between the two sets of games taken away, during which days alone this trial could take place.

But now it is worth while to see how the censors were appointed in Sicily while that man was praetor. For that is the magistracy among the Sicilians, the appointments to which are made by the people with the greatest care, because all the Sicilians pay a yearly tax in proportion to their incomes; and, in making the census, the power is entrusted to the censor of making every sort of valuation, and of determining the total amount of every man's contribution. Therefore the people choose with the greatest care the man in whom they can place the greatest confidence in a matter affecting their own property; and on account of the greatness of the power, this magistracy is an object of the greatest ambition.

In such a matter, Verres did not choose to do any thing obscurely, nor to play tricks in the drawing of lots, nor to take days out of the calendar. He did not choose to do anything in an underhand manner, or by means of artifice; but in order to take away the fondness and desire for honours and ambition out of every city, feelings which usually tend to the ruin of a state, he declared that he should appoint the censors in every city.

When the praetor announced so vast a scene of bargaining and trafficking as that, people came to Syracuse to see him, from all quarters. The whole of the praetor's house was on fire with the eagerness and cupidity of men; and no wonder, when all the comitia of so many cities were packed together into one house, and when all the ambition of an entire province was confined in one chamber. Bribes being openly asked for, and biddings being openly made, Timarchides appointed two censors for every city. He, by his own labour, and by his own visits to every one, by all the trouble which he took in this employment, achieved this, that all the money came to Verres without his having any anxiety on his part. How much money this Timarchides made, you cannot as yet know; for a certainty; but in what a variety of manners, and how shamefully, he plundered people, you heard at the former pleading, by the evidence of many witnesses.

But that you may not wonder how that freedman obtained so much influence with him, I will tell you briefly what the man is; so that you may both see the worthlessness of the man who kept such a fellow about him, especially in that employment and position, and that you may also see the misery of the province. In the seduction of women, and in all licentiousness and wickedness of that character, I found this Timarchides wonderfully fitted by nature to be subservient to his infamous lusts, and unexampled profligacy. In finding out who people were, in calling on them, in addressing them, in bribing them, in doing anything in matters of that sort, however cunningly, however audaciously, however shamelessly it might be necessary to go to work, I heard that this man could contrive admirable schemes for ensuring success. For, as for Verres himself, he was only a man of a covetousness ever open-mouthed, and ever threatening, but he had no ingenuity, no resources; so that, in whatever he did of his own accord, (just as you know was the case with him at Rome,) he seemed to rob openly rather than to cheat.

But the other fellow's skill and artifice were marvellous, so that he could hunt out and scent out with the greatest acuteness, all over the province, whatever had happened to any one, whatever any one stood in need of. He was able to find out, to converse with, to tamper with every one's foes, and every one's enemies; to know the circumstances of every trial on both sides; to ascertain men's inclinations, and power, and resources; where it was necessary to strike terror; where it was desirable to hold out hope. Every accuser, every informer, he had in his power, if he wished to cause trouble to any one, he did it without any difficulty. All Verres's decrees, and commands, and letters, he sold in the most skillful and cunning manner.

And he was not only the minister of Verres's pleasures, he also took equally good care of himself. He not only picked up whatever money had slipped through his principal's fingers, by which he amassed great riches, but he also picked up the relics of his pleasures and of his profligacy. Therefore do not fancy that Athenio [*](Athenio was a Cilician slave who had headed a revolt of slaves in Sicily, A.U.C. 650. He was at last defeated and slain by the consul Aquilius, A.U.C. 651.) reigned in Sicily, for he took no city; but know ye that the runaway slave Timarchides reigned in every city of Sicily for three years; that the children, the matrons, the property, and all the fortunes of the most ancient and most devoted allies of the Roman people were all that time in the power of Timarchides. He therefore, as I say, he, Timarchides, sent censors into every city, having taken bribes for their appointment. Comitia for the election of censors, while Verres was praetor, were never held not even for the purpose of making a presence of legality.

This was the most shameless business of all. Three hundred denarii were openly exacted (for this, forsooth, was permitted by the laws) from each censor, to be paid down for the praetors statue. There were appointed a hundred and thirty censors. They gave one sum of money for the censorship contrary to the law; these thirty-nine thousand denarii they openly paid down for the statue, in compliance with the laws. First of all, what was all that money for? Secondly, why did the censors pay it to you for your statue? I suppose there is a regular order of censors, a college of them. They are a distinct class of men! Why, it is either cities in their capacity of communities, that confer these honours, or men according to their classes, as cultivators, as merchants, as shipowners. But why to censors rather than to aediles? Is it for any service that they have done? Therefore, will you confess that these things were begged of you,—for you will not dare to say they were purchased of you;—that you granted those magistracies to men out of favour, and not with a new to the interests of the republic? And when you confess this, will any one doubt that you incurred that unpopularity held hatred among the different tribes of that province, not out of ambition, nor for the sake of doing a kindness to any one, but with the object of procuring money?

Therefore those censors did the same thing that those do in our republic, who have got offices by bribery; they took care to use their power so as to fill up again that gap in their property. The census was so taken, when you were praetor, that the affairs of no state whatever could be administered according to such a census. For they made a low return of the incomes of all the richest men, and exaggerated that of each poor man. And so in levying the taxes so heavy a burden was laid upon the common people, that even if the men themselves said nothing, the facts alone would discredit that census, as may easily be understood from the circumstances themselves. For Lucius Metellus who, after I came into Sicily for the sake of prosecuting my injuries, became on a sudden after the arrival of Letilius not only the friend of Verres, but even his relative; because he saw that that census could not possibly stand, ordered that former one to be attended to which had been when that most gallant and upright man, Sextus Peducaeus, was praetor. For at that time there were censors made according to the laws, elected by their cities, in whose case, if they did anything wrong, punishments were appointed by the law.

But when you were praetor, how could the censor either fear the law, by which he was not bound, since he had not been created by the law; or fear your reproof for having sold what he had bought of you? Let Metellus now detain my witnesses—let him compel others to praise him, as he has attempted in many instances; only let him do what he is doing. For whoever was treated by any one with such insult, with so much ignominy? Every fifth year a census is taken of all Sicily. A census was taken when Peducaeus was praetor. When the five years had elapsed in your praetorship, a census was taken again. The next year Lucius Metellus forbids any mention to be made of your census; he says that censors must be created afresh; and in the meantime he orders the census of Peducaeus to be attended to. If an enemy of yours had done this to you, although the province would have borne it with great equanimity, still it would have seemed the severe decision of an enemy. A new friend, a voluntary relation did it. For he could not do otherwise, if he wished to retain the province in its allegiance, if he wished to live himself in safety in the province.

Are you waiting to see what these men also will decide? If he had deprived you of your office, he would have treated you with less insult, than when he abrogated and annulled the things which you had done in your office. Nor did he behave in this way in that matter alone, but he had done the same in many other matters of the greatest importance, before I arrived in Sicily. For he ordered your friends, the palaestra people, to restore his property to Heraclius the Syracusan, and the people of Bidis to restore his property to Epicrates, and Appius Claudius his to his ward at Drepanum; and, if Letilius had not arrived in Sicily with letters a little too soon, in less than thirty days Metellus would have annulled your whole three years' praetorship.