In C. Verrem

Cicero, Marcus Tullius

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

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.

All these rights were not only thrown into disorder while that man was praetor, but indeed were openly taken away from both the Sicilians and from the Roman citizens. First of all, their own laws with reference to one another were disregarded. If a citizen had a dispute with another citizen, he either assigned any one as judge whom it was convenient to himself to assign, crier, soothsayer, or his own physician; or if a tribunal was established by the laws, and the parties had come before one of their fellow-citizens as the judge, that citizen was not allowed to decide without control. For, listen to the edict issued by this man, by which edict he brought every tribunal under his own authority: “If any one had given a wrong decision, he would examine into the matter himself; when he had examined, he would punish.” And when he did that, no one doubted that when the judge thought that some one else was doing to sit in judgment on his decision, and that he should be at the risk of his life in the matter, he would consider the inclination of the man who he expected would presently be judging in a matter affecting his down existence as a citizen.

Judges selected from the Roman settlers there were none; none even of the traders in the cities were proposed as judges. The crowd of judges which I am speaking of was the retinue, not of Quintus Scaevola, (who, however, did not make practice of appointing judges from among his own followers,) but of Caius Verres. And what sort of a retinue do you suppose it was when such a man as he was its chief? You see announced in the edict, “If the senate gives an erroneous decision....” I will prove that, if at any time a bench of judges was taken from the senate, that also gave its decisions, through compulsion, on his part, contrary to their own opinions. There never was any selection of the judges by lot, according to the Rupilian law, except when he had no interest whatever in the case. The tribunals established in the case of many disputes by the Lex Hieronica were all abolished by a single edict; no judges were appointed selected from the settlers or from the traders. What great power he had you see; now learn how he exercised it.

Heraclius is the son of Hiero, a Syracusan; a man among the very first for nobility of family, and, before Verres came as praetor, one of the most wealthy of the Syracusans; now a very poor man, owing to no other calamity but the avarice and injustice of that man. An inheritance of at least three millions of sesterces came to him by the will of his relation Heraclius; the house was full of silver plate exquisitely carved, of abundance of embroidered robes, and of most valuable slaves; things in which who is ignorant of the insane cupidity of that man? The fact was a subject of common conversation, that a great fortune had come to Heraclius that Heraclius would not only be rich, but that he would be amply supplied with furniture, plate, robes and slaves.

Verres, too, hears this; and at first he tries by the tricks and maneuvers which he is so fond of, to get him to lend things to him to look at, which he means never to return. Afterwards he takes counsel from some Syracusans; and they were relations of his, whose wives too were not believed to be entirely strangers to him, by name Cleomenes and Aeschrio. What influence they had with him, and on what disgraceful reasons it was founded, you may understand from the rest of the accusation. These men, as I say, give Verres advice. They tell him that the property is a fine one, which in every sort of wealth; and that Heraclius himself is a man advancing in years, and not very active; and that he has no patron on whom he has any claim, or to whom he has any access except the Marcelli; that a condition was contained in the will in which he was mentioned as heir, that he was to erect some statues in the palaestra. We will contrive to produce people from the palaestra to assert that they have not been erected according to the terms of the will, and to claim the inheritance, because they say that it is forfeited to the palaestra. The idea pleased Verres.

For he foresaw that, when such an inheritance became disputed, and was claimed by process of law, it was quite impossible for him not to get some plunder out of it before it was done with. He approves of the plan; he advises them to begin to act as speedily as possible, and to attack a man of that age, and disinclined to law-suits, with as much bluster as possible. An action is brought in due form against Heraclius. At first all marvel at the roguery of the accusation. After a little, of those who knew Verres, some suspected, and some clearly saw that he had cast his eyes on the inheritance. In the mean time the day had arrived, on which he had announced in his edict that, according to established usage, and to the Rupilian law, he would assign judges at Syracuse. He had come prepared to assign judges in this cause. Then Heraclius points out to him that he cannot assign judges in his cause that day, because the Rupilian law said that they were not to be assigned till thirty days after the action was commenced. The thirty days had not yet elapsed; Heraclius hoped that, if he could avoid having them appointed that day, Quintus Arrius, whom the province was eagerly expecting, would arrive as successor to Verres before another appointment could take place.

He postponed appointing judges in all suits, and fixed the first day for appointing them that he legally could after the thirty days claimed by Heraclius in his action had elapsed. When the day arrived, he began to pretend that he was desirous to appoint the judges. Heraclius comes with his advocates, and claims to be allowed to have the cause between him and the men of the palaestra, that is to say, with the Syracusan people, tried by strict law. His adversaries demand that judges be appointed to decide on that matter of those cities which were in the habit of frequenting the Syracusan courts. Judges were appointed, whomsoever Verres chose. Heraclius demanded, on the other hand, that judges should be appointed according to the provisions of the Rupilian law; and that no departure should be made from the established usage of their ancestors, from the authority of the senate, and from the rights of all the Sicilians.

Why need I demonstrate the licentious wickedness of that Verres, in the administration of justice? Who of you is not aware of it, from his administration in this city? Who ever, while he was praetor, could obtain anything by law against the will of Chelidon? The province did not corrupt that man, as it has corrupted some; he was the same man that he had been at Rome. When Heraclius said, what all men well knew, that there was an established form of law among the Sicilians by which causes between them were to be tried; that there was the Rupilian law, which Publius Rupilius, the consul, had enacted, with the advice of ten chosen commissioners; that every praetor and consul in Sicily had always observed this law. He said that he should not appoint judges according to the provisions of the Rupilian law. He appointed five judges who were most agreeable to himself.

What can you do with such a man as this? What punishment can you find worthy of such licentiousness? Then it was prescribed to you by law, O most wicked and most shameless man, in what way you were to appoint judges among the Sicilians; when the authority of a general of the Roman people, when the dignity of ten commissioners, men of the highest rank, when a positive resolution of the senate was against you, in obedience to which resolution Publius Rupilius had established laws in Sicily by the advice of ten commissioners; when, before you came as praetor every one had most strictly observed the Rupilian laws in all points, and especially in judicial matters; did you dare to consider so many solemn circumstances as nothing in comparison with your own plunder? Did you acknowledge no law? Had you no scruple? no regard for your reputation? no fear of any judgment yourself? Has the authority of no one of any weight with you? Was there no example which you chose to follow?