In C. Verrem

Cicero, Marcus Tullius

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

But, I was going to say, when these five judges had been appointed, by no law, according to no use, with none of the proper ceremonies, with no drawing of lots, according to his mere will, not to examine into the cause, but to give whatever decision they were commanded, on that day nothing more was done; the parties are ordered to appear on the day following. In the meantime Heraclius, as he sees that it is all a plot laid by the praetor against his fortune, resolves, by the advice of his friends and relations, not to appear before the court. Accordingly he flies from Syracuse that night. Verres the next day, early in the morning,—for he had got up much earlier than he ever did before,—orders the judges to be summoned. When he finds that Heraclius does not appear, he begins to insist on their condemning Heraclius in his absence. They expostulate with him, and beg him, if he pleases, to adhere to the rule he had himself laid down, and not to compel them to decide against the absent party in favour of the party who was present, before the tenth hour. He agrees.

In the meantime both Verres himself began to be uneasy, and his friends and counselors began also to be a good deal vexed at Heraclius' having fled. They thought that the condemnation of an absent man, especially in a matter involving so large a sum of money, would be a far more odious measure than if he had appeared in court, and had there been condemned. To this consideration was added the fact, that because the judges had not been appointed in accordance with the provisions of the Rupilian law, they saw that the affair would appear much more base and more iniquitous. And so, while he endeavours to correct this error, his covetousness and dishonesty are made more evident. For he declares that he will not use those five judges; he orders (as ought to have been done at first, according to the Rupilian law) Heraclius to be summoned, and those who had brought the action against him; he says that he is going to appoint the judges by lot, according to the Rupilian law. That which Heraclius the day before could not obtain from him, though he begged and entreated it of him with many tears, occurred to him the next day of his own accord, and he recollected that he ought to appoint judges according to the Rupilian law. He draws the names of three out of the urn: he commands them to condemn Heraclius in his absence. So they condemn him.

What was the meaning of that madness? Did you think that you would never have to give an account of your actions? Did you think that such men as these would never hear of these transactions? Is such an inheritance to be claimed without the slightest grounds for such a claim, in order to become the plunder of the praetor? is the name of the city to be introduced? is the base character of a false accuser to be fixed upon an honourable state? And not this only, but is the whole business to be conducted in such a matter that there is to be not even the least appearance of justice kept up? For, in the name of the immortal gods, what difference does it make whether the praetor commands and by force compels any one to abandon all his property, or passed a sentence by which, without any trial, he must lose all his fortune?

In truth you cannot deny that you ought to have appointed judges according to the provisions of the Rupilian law, especially when Heraclius demanded it. If you say that you departed from the law with the consent of Heraclius, you will entangle yourself, you will be hampered by the statement you make in your own defence. For if that was the case, why, in the first place, did he refuse to appear, when he might have had the judges chosen from the proper body which he demanded? Secondly, why, after his flight, did you appoint other judges by drawing lots, if you had appointed those who had been before appointed, with the consent of each party? Thirdly, Marcus Postumius, the quaestor, appointed as the other judges in the market-place; you appointed the judges in this case alone.

However, by these means, some one will say, he gave that inheritance to the Syracusan people. In the first place, even if I were disposed to grant that, still you must condemn him; for it is not permitted to us with impunity to rob one man for the purpose of giving to another. But you will find that he despoiled that inheritance himself without making much secret of his proceedings; that the Syracusan people, indeed, had a great deal of the odium, a great deal of the infamy, but that another had the profit; that a few Syracusans, those who now say that they have come in obedience to the public command of their city, to bear testimony in his favour, were then sharers in the plunder, and are come hither now, not for the purpose of speaking in his favour, but to assist in the valuation of the damages which they claim from him. After he was condemned in his absence, possession is given to the palaestra of the Syracusans,—that is, to the Syracusan people,—not only of that inheritance which was in question, and which was of the value of three millions of sesterces, but also of all Heraclius's own paternal property, which was of equal amount.

What sort of a partnership in that of yours? You take away a man's inheritance, which had come to him from a relation, had come by will, had come in accordance with the laws; all which property, he, who made the will, had made over to this Heraclius to have and to use as he would, some time before he died,—of which inheritance, as he had died some time before you became praetor, there had been no dispute, nor had any one made any mention of it. However, be it so; take away inheritances from relations, give them to people at the palaestra; plunder other people's property in the name of the state; overturn laws, wills, the wishes of the dead, the rights of the living: had you any right to deprive Heraclius of his paternal property also? And yet as soon as he fled, how shamelessly, how undisguisedly, how cruelly, O ye immortal gods, was his property seized! How disastrous did that business seem to Heraclius, how profitable to Verres, how disgraceful to the Syracusans, how miserable to everybody! For the first measures which are taken are to carry whatever chased plate there was among that property to Verres: as for all Corinthian vessels, all embroidered robes, no one doubted that they would be taken and seized, and carried inevitably to his house, not only out of that house, but out of every house in the whole province. He took away whatever slaves he pleased, others he distributed to his friends: an auction was held, in which his invincible train was supreme everywhere.

But this is remarkable. The Syracusans who presided over what was called the collection of this property of Heraclius, but what was in reality the division of it, gave in to the senate their accounts of the whole business; they said that many pairs of goblets many silver water-ewers, much valuable embroidered cloth, and many valuable slaves, had been presented to Verres; they stated how much money had been given to each person by his order. The Syracusans groaned, but still they bore it. Suddenly this item is read,—that two hundred and fifty thousand sesterces were given to one person by command of the praetor. A great outcry arises from every one, not only from every virtuous man, nor from those to whom it had always seemed scandalous that the goods of a private individual should be taken from him, by the greatest injustice, under the name of being claimed by the people, but even the very chief instigators of the wrong; and in some degree the partner in the rapine and plunder, began to cry out that the man ought to have his inheritance for himself. So great an uproar arise in the senate-house, that the people ran to see what had happened.

The matter being known to the whole assembly, is soon reported at Verres's house. The man was in a rage with those who had read out the accounts,—an enemy to all who had raised the outcry; he was in fury with rage and passion. But he was at that moment unlike himself. You know the appearance of the man, you know his audacity; yet at that moment he was much disquieted by the reports circulated among the people, by their outcry, and by the impossibility of concealing the robbery of so large a sum of money. When he came to himself, he summoned the Syracusans to him, because he could not deny that money had been given him by them; he did not go to a distance to look for some one, (in which case he would not have been able to prove it,) but he took one of his nearest relations, a sort of second son, [*](He was in fact his son-in-law elect.) and accused him of having stolen the money. He declared that he would make him refund it; and he, after he heard that, had a proper regard for his dignity, for his age, and for his noble birth. He addressed the senate on the subject; he declared to them that he had nothing to do with the business Of Verres he said what all saw to be true, and he said it plainly enough. Therefore, the Syracusans afterwards erected him a statue; and he himself, as soon as he could, left Verres, and departed from the province.

And yet they say that this man complains sometimes of his misery in being weighed down, not by his own offences and crimes, but by those of his friends. You had the province for three years; your son-in-law elect, a young man, was with you one year. Your companions, gallant men, who were your lieutenants, left you the first year. One lieutenant, Publius Tadius, who remained, was not much with you; but if he had been always with you, he would with the greatest care have spared your reputation, and still more would he have spared his own. What presence have you for accusing others? What reason have you for thinking that you can, I will not say, shift the blame of your actions on another, but that you can divide it with another?

That two hundred and fifty thousand sesterces are refunded to the Syracusans, and how they afterwards returned to him by the backdoor, I will make evident to you, O judges, by documents and by witnesses. And akin to this iniquity and rascality of that fellow, by which plunder, consisting of a part of that property, came to many of the Syracusans against the will of the people and senate of Syracuse, are those crimes which were committed by the instrumentality of Theomnastus, and Aeschrio, and Dionysodorus, and Cleomenes, utterly against the wish of the city; first of all in plundering the whole city, of which matter I have arranged to speak in another part of my accusation, so that, by the assistance of those men whom I have named, he carried off all the statues, all the works in ivory out of the sacred temples, all the paintings from every place, and even whatever images of the gods he fancied; secondly, that in the senate-house of the Syracusans, which they call bouleuth/rion, a most honourable place, and of the highest reputation in the eyes of the citizens, where there is a brazen statue of Marcus Marcellus himself, (who preserved and restored that place to the Syracusans, though by the laws of war and victory he might have taken it away,) those men erected a gilt statue to him and another to his son; in order that, as long as the recollection of that man remained, the Syracusan senate might never be in the senate-house without lamentation and groaning.

By means of the same partners in his injuries, and thefts, and bribes, during his command the festival of Marcellus at Syracuse is abolished, to the great grief of the city;—a festival which they both gladly paid as due to the recent services done them by Caius Marcellus, and also most gladly gave to the family and name and race of the Marcelli. Mithridates in Asia, when he had occupied the whole of that province, did not abolish the festival of Mucius. [*](In honour of Quintus Mucius Scaevola, who had been praetor in that province, and had established a high character for lenity and incorruptibility.) An enemy, and he too an enemy in other respects, only too savage and barbarous, still would not violate the honour of a name which had been consecrated by holy ceremonies. You forbade the Syracusans to grant one day of festival to the Marcelli, to whom they owed the being able to celebrate other days of festival.

Oh, but you gave them a splendid day instead of it; you allowed them to celebrate a festival in honour of Verres, and issued contracts for providing all that would be necessary for sacrifices and banquets on that day for many years. But in such an enormous superfluity of impudence as that man's, it seems better to pass over some things, that we may not appear to strain every point,—that we may not appear to have no feelings but those of indignation. For time, voice, lungs, would fail me, if I wished now to cry out how miserable and scandalous it is, that there should be a festive day in his name among those people, who think themselves utterly ruined by that man's conduct. O splendid Verrine festival! whither have you gone that you have not brought the people cause to remember that day? In truth, what house, what city, what temple even have you ever approached without leaving it emptied and ruined. Let the festival, then, be fitly called Verrine, [*](There is a recurrence here to the pun on the word verres, a boar.) and appear to be established, not from recollection of your name, but of your covetousness and your natural disposition.

See, O judges, how easily injustice, and the habit of doing wrong creeps on; see how difficult it is to check. There is a town called Bidis, an insignificant one indeed, not far from Syracuse. By far the first man of that city is a man of the name of Epicrates. An inheritance of five hundred thousand sesterces had come to him from some woman who was a relation of his, and so near a relation, that even if she had died intestate, Epicrates must have been her heir according to the laws of Bidis. The transaction at Syracuse which I have just mentioned was fresh in men's memories,—the affair I mean of Heraclius the Syracusan, who would not have lost his property if an inheritance had not come to him. To this Epicrates too an inheritance had come, as I have said.

His enemies began to consider that he too might be easily turned out of his property by the same praetor as Heraclius had been stripped of his by; they plan the affair secretly; they suggest it to Verres by his emissaries. The cause is arranged, so that the people belonging to the palaestra at Bidis are to claim his inheritance from Epicrates, just as the men of the Syracusan palaestra had claimed his from Heraclius. You never saw a praetor so devoted to the interests of the palaestra. But he defended the men of the palaestra in such a way that he himself came off with his wheels all the better greased. In this instance Verres, as soon as he foresaw what would happen, ordered eighty thousand sesterces to be paid to one of his friends.

The matter could not be kept entirely secret. Epicrates is informed of it by one of those who were concerned in it. At first he began to disregard and despise it, because the claim made against him had actually nothing in it about which a doubt could be raised. Afterwards when he thought of Heraclius, and recollected the licentiousness of Verres, he thought it better to depart secretly from the province. He did so; he went to Rhegium. And when this was known, they began to fret who had paid the money. They thought that nothing could be done in the absence of Epicrates. For Heraclius indeed had been present when the judges were appointed; but in the case of this man, who had departed before any steps had been taken in the action, before indeed there had been any open mention made of the dispute, they thought that nothing could be done. The men go to Rhegium; they go to Epicrates; they point out to him, what indeed he knew, that they had paid eighty thousand sesterces; they beg him to make up to them the money they themselves were out of pocket; they tell him he may take any security from them that he likes, that none of them will go to law with Epicrates about that inheritance.

Epicrates reproaches the men at great length and with great severity, and dismisses them. They return from Rhegium to Syracuse; they complain to many people, as men in such a case are apt to do, that they have paid eighty thousand sesterces for nothing. The affair got abroad; it began to be the topic of every one's conversation. Verres repeats his old Syracusan trick. He says he wants to examine into that affair of the eighty thousand sesterces. He summons many people before him. The men of Bidis say that they gave it to Volcatius; they do not add that they had done so by his command. He summons Volcatius; he orders the money to be refunded. Volcatius with great equanimity brings the money, like a man who was sure to lose nothing by it; he returns it to them in the sight of many people; the men of Bidis carry the money away.

Some one will say, “What fault then do you find with Verres in this, who not only is not a thief himself, but who did not even allow any one else to be one?” Listen a moment. Now you shall see that this money which was just now seen to leave his house by the main road returned back again by a by-path. What came next? Ought not the praetor, having inquired into the case with the bench of judges, when he had found out that a companion of his own, with the object of corruptly swaying the law, the sentence, and the bench, (a matter in which the reputation of the praetor and even his condition as a free citizen were at stake,) had received money, and that the men of Bidis had given it, doing injury to the fair fame and fortune of the praetor,—ought he not, I say, to have punished both him who had taken the money, and those who had given it? You who had determined to punish those who had given an erroneous decision, which is often done out of ignorance, do you permit men to escape with impunity who thought that money might be received or be paid for the purpose of influencing your decree, your judicial decision? And yet that same Volcatius remained with you, although he was a Roman knight, after he had such disgrace put upon him.

For what is more disgraceful for a well-born man—what more unworthy of a free man, than to be compelled by the magistrate before a numerous assembly to restore what has been stolen; and if he had been of the disposition of which not only a Roman knight, but every free man ought to be, he would not have been able after that to look you in the face. He would have been a foe, an enemy, after he had been subjected to such an insult; unless, indeed, it had been done through collusion with you, and he had been serving your reputation rather than his own. And how great a friend he not only was to you then as long as he was with you in the province, but how great a friend he is even now, when you have long since been deserted by all the rest, you know yourself, and we can conceive. But is this the only argument that nothing was done without his knowledge, that Volcatius was not offended with him? that he punished neither Volcatius nor the men of Bidis?

It is a great proof, but this is the greatest proof of all, that to those very men of Bidis, with whom he ought to have been angry, as being the men by whom he found out that his decree had been attempted to be influenced by bribes, because they could do nothing against Epicrates according to law, even if he were present,—to these very men, I say, he not only gave that inheritance which had come to Epicrates, but, as in the case of Heraclius of Syracuse, so too in this case, (which was even rather more atrocious than the other, because Epicrates had actually never had any action brought against him at all,) he gave them all his paternal property and fortune. For he showed that if any one made a demand of any thing from an absent person, he would hear the cause, though without any precedent for so doing. The men of Bidis appear—they claim the inheritance. The agents of Epicrates demand that he would either refer them to their own laws, or else appoint judges, in accordance with the provisions of the Rupilian law. The adversaries did not dare to say anything against this; no escape from it could be devised. They accuse the man of having fled for the purpose of cheating them. They demand to be allowed to take possession of his property.

Epicrates did not owe a farthing to any one. His friends said that, if any one claimed anything from him, they would stand the trial themselves, and that they would give security to satisfy the judgment. When the whole business was getting cool, by Verres's instigation they began to accuse Epicrates of having tampered with the public documents; a suspicion from which he was far removed. They demand a trial on that charge. His friends began to object that no new proceeding, that no trial affecting his rank and reputation, ought to be instituted while he was absent; and at the same time they did not cease to reiterate their demands that Verres should refer them to their own laws.