In C. Verrem

And though all this was done, yet know ye, that there was but one single city, that, namely, of the Mamertines, which by public resolution sent ambassadors to speak in his favour. But you heard the chief man of that embassy, the most noble man of that state, Caius Eleius, speak on his oath, and say, that Verres had had a transport of the largest size built at Messana, the work being contracted for at the expense of the city. And that same ambassador of the Mamertines, his panegyrist, said that he had not only robbed him of his private property, but had also carried away his sacred vessels, and the images of the Di Penates, which he had received from his ancestors, out of his house. A noble panegyric; when the one business of the ambassadors is discharged by two operations, praising the man and demanding back what has been stolen by him. And on what account that very city is friendly to him, shall be told in its proper place. For you will find that those very things which are the causes of the Mamertines bearing him good-will, are themselves sufficiently just causes for his condemnation. No other city, O judges, praises him by public resolution.

The power of supreme authority has had so much influence with a very few men, not in the cities, that either some most insignificant people of the most miserable and deserted towns were found who would go to Rome without the command of their people or their senate, or on the other hand, those who had been voted as ambassadors against him, and who had received the public evidence to deliver, and the public commission, were detained by force or by fear. And I am not vexed at this having happened in a few instances, in order that the rest of the cities, so numerous, so powerful, and so wise,—that all Sicily, in short, should have all the more influence with you when you see that they could be restrained by no force, could be hindered by no danger, from making experiment whether the complaints of your oldest and most faithful allies had any weight with you.

For as to what some of you may, perhaps, have heard, that he had a public encomium passed upon him by the Syracusans, although in the former pleading you learnt from the evidence of Heraclius the Syracusan what sort of encomium it was, still it shall be proved to you in another place how the whole matter really stands as far as that city is concerned For you shall see clearly that no man has ever been so hated by any people as that man both is and has been by the Syracusans. But perhaps it is only the native Sicilians who are persecuting him: the Roman citizens who are trading in Sicily defend him, love him, desire his safety. First of all, if that were the case, still in this trial for extortion, which has been established for the sake of the allies, according to that law and forms of proceeding which the allies are entitled to, you ought to listen to the complaints of the allies.

But you were able to see clearly in the former pleading, that many Roman citizens from Sicily, most honourable men, gave evidence about most important transactions, both as to injuries which they had received themselves, and injuries which they knew had been inflicted on others. I, O judges, affirm in this way what I know. I seem to myself to have done an action acceptable to the Sicilians in seeking to avenge their injuries with my own labour, at my own peril, and at the risk of incurring enmity in some quarters; and I am sure that this which I am doing is not less acceptable to our own citizens, who think that the safety of their rights, of their liberty, of their properties and fortunes, consists in tho condemnation of that man.

On which account, while speaking of his Sicilian praetorship, I will not object to your listening to me on this condition, that if he has been approved of by any description of men whatever; whether of Sicilians or of our own citizens; if he has been approved of by any class of men, whether agriculturists, or graziers, or merchants; if he has not been the common enemy and plunderer of all these men,—if, in short, he has ever spared any man in any thing, then you, too, shall spare him. Now, as soon as Sicily fell to him by lot as his province, immediately at Rome, while he was yet in the city, before he departed, he began to consider within himself and to deliberate with his friends, by what means he might make the greatest sum of money in that province in one year. He did not like to learn while he was acting, (though he was not entirely ignorant and inexperienced in the oppression of a province,) but he wished to arrive in Sicily with all his plans for plunder carefully thought of and prepared.

Oh how correct was the augury diffused by common report and common conversation among the people in that province! when from his very name men augured in a jesting way what he would do in the province. Indeed, who could doubt, when they recollected his flight and robbery in his quaestorship—when they considered his spoliation of temples and shrines in his lieutenancy—when they saw in the forum the plunder of his praetorship—what sort of man he was likely to prove in the fourth act of his villainy? And that you may be aware that he inquired at Rome not only into the different kinds of robbery which he might be able to execute, but into the very names of his victims, listen to this most certain proof, by which you will be able more easily to form an opinion of his unexampled impudence.

The very day on which he reached Sicily, (see now whether he was not come, according to that omen bruited about the city,) prepared to sweep [*](This is another pun on the name of Verres, from its similarity in sound to the word verro, I sweep.) the province pretty clean, he immediately sends letters from Messana to Halesa, which I suppose he had written in Italy. For, as soon as he disembarked from the ship, he gave orders that Dio of Halesa should come to him instantly; saying that he wished to make inquiry about an inheritance which had come to his son from a relation, Apollodorus Laphiro.

It was, O judges, a very large sum of money. This Dio, O judges, is now, by the kindness of Quintus Metellus, become a Roman citizen; and in his case it was proved to your satisfaction at the former pleading, by the evidence of many men of the highest consideration, and by the account-books of many men, that a million of sesterces had been paid in order that, after Verres had inquired into the cause, in which there could no possible doubt exist, he might have a decision in his favour;—that, besides that all herds of the highest-bred mares were driven away, that all the plate and embroidered robes which he had in his home were carried off; so that Quintus Dio lost eleven hundred thousand sesterces because an inheritance had come to him, and for no other reason.

What are we to say? Who was praetor when this inheritance came to the son of Dio? The same man who was so when hers came to Annia the daughter of Publius Annius the senator,—the same who was so when his was left to Marcus Ligur the senator, namely Caius Sacerdos. What are we to say? Had no one been troublesome to Dio on the subject at the time?, No more than they had to Ligur, while Sacerdos was praetor. What then? :Did any one make any complaint to Verres? Nobody, unless perhaps you suppose that the informers were ready for him at the strait. When he was still at Rome, he heard that a very great inheritance had come to a certain Sicilian named Dio; that the heir had been enjoined by the terms of the will to erect statues in the forum; that, unless he erected them, he was to be liable to forfeiture to Venus Erycina. Although they had been erected in compliance with the will, still he; Verres, thought, since the name of Venus was mentioned, that he could find some pretext for making money of it.

Therefore he sets up a man to claim that inheritance for Venus Erycina. For it was not (as would have been usual) the quaestor in whose province Mount Eryx was, who made the demand. A fellow of the name of Naevius Turpo is the claimant, a spy and emissary of Verres, the most infamous of all that band of informers of his, who had been condemned in the praetorship of Caius Sacerdos for many wickednesses. For the cause was such that the very praetor himself when he was seeking for an accuser, could not find one a little more respectable than this fellow. Verres acquits his man of any forfeiture to Venus, but condemns him to pay forfeit to himself. He preferred, forsooth, to have men do wrong rather than gods;—he preferred himself to extort from Dio what was contrary to law, rather than to let Venus take anything that was not due to her.

Why need I now in this place recite the evidence of Sextus Pompeius Chlorus, who pleaded Dio's cause? who was concerned in the whole business? A most honourable man, and, although he has long ago been made a Roman citizen in reward for his virtues, still the very chief man and the most noble of all the Sicilians. Why need I recite the evidence of Quintus Caecilius Dio himself, a most admirable and moderate man? Why need I recite that of Lucius Vetecilius Ligur, of Titus Manlius, of Lucius Calenus? by the evidence of all of whom this case about Dio's money was fully established. Marcus Lucullus said the same thing that he had long ago known all the facts of the tyranny practised on Dio, through the connection of hospitality which existed between them.

What? Did Lucullus, who was at that time in Macedonia, know all these things better than you, O Hortensius, who were at Rome? you to whom Dio fled for aid? you who expostulated with Verres by letter in very severe terms about the injuries done to Dio? Is an this new to you now, and unexpected? is this the first time your ears have heard of this crime?, Did you hear nothing of it from Dio, nothing from your own mother-in-law, that most admirable woman, Servilia, an ancient friend and connection of Dio's? Are not my witnesses ignorant of many circumstances which you are acquainted with? Is it not owing, not to the innocence of your client, but to the exception [*](It was forbidden by the Roman Law, as by our own, for the advocates to give evidence against his clients of matters which had come to his knowledge by confidential communication.) made by the law, that I am prevented from summoning you as a witness on my side on this charge? [The evidence of Marcus Lucullus, of Chlorus, of Dio is read.] Does not this Venereal man, who went forth from the bosom of Chelidon to his province, appear to you to have got a sufficiently large sum by means of the name of Verres?

Listen now to a no less shamelessly false accusation in a case where a smaller sum was involved. Sosippus and Epicrates were brothers of the town of Agyrium; their father died twenty-two years ago, by whose will, if anything were done wrongly in any point, there was to be a forfeiture of his property to Venus. In the twentieth year after his death, though there had been in the interim so many praetors, so many quaestors, and so many false accusers in the province, the inheritance was claimed from the brothers in the name of Venus. Verres takes cognisance of the cause; by the agency of Volcatius he receives money from the two brothers, about four hundred thousand sesterces. You have heard the evidence of many people already; the brothers of Agyrium gained their cause, but on such terms that they left the court stripped and beggared.

Oh, but that money never came to Verres. What does that defence mean? is that asserted in this case, or only put out as a feeler? For to me it is quite a new light. Verres set up the accusers; Verres summoned the brother to appear before him; Verres heard the cause; Verres gave sentence. A vast sum was paid; they who paid it gained the cause; and you argue in defence “that money was not paid to Verres.” I can help you; my witnesses too say the same thing; they say they paid it to Volcatius. How did Volcatius acquire so much power as to get four hundred thousand sesterces from two men? Would any one have given Volcatius, if he had come on his own account, one half-farthing? Let him come now, let him try; no one will receive him in his house. But I say more; I accuse you of having received forty millions of sesterces contrary to law; and I deny that you have ever accounted for one farthing of that money; but when money was paid for your decrees, for your orders, for your decisions, the point to be inquired into was not into whose hand it was paid, but by whose oppression it was extorted.

Those chosen companions of yours were your hands; the prefects, the secretaries, the surgeons, the attendants the soothsayers, the criers, were your hands. The more each individual was connected with you by any relationship, or affinity, or intimacy, the more he was considered one of your bands. The whole of that retinue of yours, which caused more evil to Sicily than a hundred troops of fugitive slaves would have caused, was beyond all question your hand. Whatever was taken by any one of these men, that must be considered not only as having been given to you, but as having been paid into your own hand. For if you, O judges, admit this defence, “He did not receive it himself,” you will put an end to all judicial proceedings for extortion. For no criminal will be brought before you so guilty as not to be able to avail himself of that plea? Indeed, since Verres uses it, what criminal will ever henceforward be found so abandoned as not to be thought equal to Quintus Lucius in innocence by comparison with that man? And even now those who say this do not appear to me to be defending Verres so much as trying, in the instance of Verres, what license of defence will be admitted in other cases.

And with reference to this matter, you, O judges, ought to take great care what you do. It concerns the chief interests of the republic, and the reputation of our order, and the safety of the allies. For if we wish to be thought innocent, we must not only show that we ourselves are moderate, but that our companions are so too. First of all, we must take care to take those men with us who with regard our credit and our safety. Secondly, if in the selection of men our hopes have deceived us through friendship for the persons, we must take care to punish them, to dismiss them. We must always live as if we expected to have to give an account of what we have been doing. This is what was said by Africanus, a most kind-hearted man, (but that kind-heartedness alone is really admirable which is exercised without any risk to a man's reputation, as it was by him,)

when an old follower of his, who reckoned himself one of his friends, could not prevail on him to take him with him into Africa as his prefect, and was much annoyed at it. “Do not marvel,” said he, “that you do not obtain this from me, for I have been a long time begging a man to whom I believe my reputation to be dear, to go with me as my prefect, and as yet I cannot prevail upon him.” And in truth there is much more reason to beg men to go with us as our officers into a province, if we wish to preserve our safety and our honour, than to give men office as a favour to them; but as for you, when you were inviting your friends into the province, as to a place for plunder, and were robbing in company with them, and by means of them, and were presenting them in the public assembly with golden rings, did it never occur to you that you should have to give an account, not only of yourself, but of their actions also?

When he had acquired for himself these great and abundant gains from these causes which he had determined to examine into himself with his council—that is, with this retinue of his—then he invented an infinite number of expedients for getting bold of a countless amount of money. No one doubts that all the wealth of every man is placed in the power of those men who allow [*](At Rome the praetor urbanus, in the provinces the propraetors and the proconsuls, decided whether there was reason for an action at law, and it they decided that there was, then they assigned judges to try the action.) trials to proceed, and of those who sit as judges at the trials, no one doubts that none of us can retain possession of his house, of his farm, or of his paternal property, if, when these are claimed by any one of you, a rascally praetor, whose judgments no one has the power of arresting, can assign any judge whom he chooses, and if the worthless and corrupt judge gives any sentence which the praetor bids him give.

But if this also be added, that the praetor assigns the trial to take place according to such a formula, that even Lucius Octavius Balbus, if he were judge, (a man of the greatest experience in all that belongs to the law and to the duties of a judge,) could not decide otherwise: suppose it ran in this way:—“Let Lucius Octavius be the judge; if it appears that the farm at Capena, which is in dispute, belongs, according to the law of the Roman people, to Publius Servilius, that farm must be restored to Quintus Catulus,” will not Lucius Octavius be bound, as judge, to compel Publius Servilius to restore the farm to Quintus Catulus, or to condemn him whom he ought not to condemn? The whole praetorian law was like that; the whole course of judicial proceedings in Sicily was like that for three years, while Verres was praetor. His decrees were like this:—“If he does not accept what you say that you owe, accuse him; if he claims anything, take him to prison.” He ordered Caius Fuficius, who claimed something, to be taken to prison; so he did Lucius Suetius and Lucius Rucilius. His tribunals he formed in this way:—those who were Roman citizens were to be judges, when Sicilians ought to have been, according to their laws, those who were Sicilians were to be judges, when Romans [*](The text here is very much disputed, and is probably wholly corrupt. I have endeavoured to give what is certainly the general sense intended to be conveyed, though it can scarcely be extracted from the Latin Graevius reads,...“Si Siculi essent, tum si eorum legibus...” printing it all in large letters, as if they were the words of a decree of Verres.) should have been.

But that you may understand his whole system of judicial proceedings, listen first to the laws of the Sicilians in such uses, and then to the practices this man established. The Sicilians have this law,—that if a citizen of any town has a dispute with a fellow-citizen, he is to decide it in his own town, according to the laws there existing; if a Sicilian has a dispute with a Sicilian of a different city, in that case the praetor is to assign judges of that dispute, according to the law of Publius Rupilius, which be enacted by the advice of ten commissioners appointed to consider the subject, and which the Sicilians call the Rupilian law. If an individual makes a claim in a community, or a community on an individual, the senate of some third city is assigned to furnish the judges, as the citizens of the cities interested in the litigation are rejected as judges in such a case. If a Roman citizen makes a claim on a Sicilian, a Sicilian judge is assigned; if a Sicilian makes a claim on a Roman citizen, a Roman citizen is assigned as judge: in all other matters judges are appointed selected from the body of Roman citizens dwelling in the place. In law-suits between the farmers and the tax collectors, trials are regulated by the law about corn, which they call Lex Hieronica.