In C. Verrem

Cicero, Marcus Tullius

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

What difference did it make, O most audacious man, whether you made this decree, or whether you yourself made that profession and declaration concerning yourself which Apronius was in the habit of making? The man whom, if there had been shame, yes, if there had even been any fear in you, you ought not to have let go without punishment, you could not allow to come off without a reward. You might see the truth in every case, O judges, from this single affair of Scandilius. First of all, that this charge about the partnership in the tenths was not cooked up at Rome, was not invented by the accuser; it was not (as we are accustomed sometimes to say in making a defence for a man) a domestic or back-stairs accusation; it was not originated in a time of your danger, but it was an old charge, bruited about long ago, when you were praetor, not made up at Rome by your enemies, but brought to Rome from the province.

At the same time his great favour to Apronius may be clearly seen; also the, I will not say confession, but the boast of Apronius, about him. Besides all this, you can rake as clearly proved this first, that, in his own province, he would not entrust a trim in which his reputation was at stake, to any one out of his own retinue. Is there any judge who has not been convinced, from the very beginning of my accusation respecting the collection of tenths, that he had made an attack on the property and fortunes of the cultivators of the soil? Who is there who did not at once decide, from what I then proved, that he had sold the tenths under a law quite novel, and, therefore, no law at all, contrary to the usage and established regulations of all his predecessors?

But even if I had not such judges as I have, such impartial, such careful, such conscientious judges, is there any one whatever who has not long ago formed his opinion and his judgment from the magnitude of the injuries done, the dishonesty of the decrees, the iniquity of the tribunals? Even although a man may be somewhat careless in judging,—somewhat indifferent to the laws, to his duty to the republic, to our allies and friends, what then? Can even such a man doubt of the dishonesty of that man, when he is aware that such vast gains were made,—such iniquitous compromises extorted by violence and terror?—when he knows that cities were compelled by violence and imperious commands, by the fear of scourges and death, to give such great rewards, not only to Apronius and to men like him, but even to the slaves of Venus?

But if any one is but little influenced by the injuries done to our allies,—if there be any one who is not moved by the flight, the calamities, the banishment, and the suicides of the cultivators of the soil; still I cannot doubt that the man who knows, both from the documents of the cities and the letter of Lucius Metellus, that Sicily has been laid waste and the farms deserted, must decide that it is quite impossible that any other than the severest judgment should be passed on that man. Will there be any one who can conceal from himself, or be indifferent to these facts? I have brought before you trials commenced respecting the partnership in the tenths, but prevented by that man from being brought to a decision. What is there that any one can possibly desire plainer than this? I have no doubt that I have satisfied you, O judges. But I will go further; not, indeed, in order that this may be proved more completely to your satisfaction than I feel sure that it already is, but that he may at last give over his impudence,—may cease at Last to believe that he can purchase these things which he himself was always ready to sell his good faith, his oath, truth, duty, and religion;—that his friends may cease to keep continually saying things which may be injury, a stain, and odium, and infamy to all of us.

But what friends are they? Alas, the order of senators! wretched, and unpopular, and detested through the fault and unworthiness of a few! That Alba Aemilius, sitting at the entrance of the market, should say openly that Verres had gained his cause,—that he had bought the judges, one for four hundred thousand sesterces, another for five, the one who who went cheapest, for three! And when he was answered that that was impossible; that many witnesses would give evidence, and besides, that I should not desert the cause,—“Though,” said he, “every one were to make every possible statement against him, still, unless the matter be brought home to him so evidently that no answer can be given, we have gained the cause.”

You say well, Alba. I will agree to your conditions. You think that conjecture avails nothing at a trial,—that suspicion avails nothing,—that the character of one's previous life avails nothing,—nor the evidence of virtuous men,—nor the authority or letters of cities. You demand evident proof I do not ask for judges like Cassius. I do not ask for the ancient impartiality of courts of justice. I do not, O judges, implore your good faith, your self-respect, your conscientiousness in giving judgment. I will take Alba for my judge; that man who is himself desirous of being considered an unprincipled buffoon: who by the buffoons has always been considered as a gladiator, rather than as a buffoon. I will bring forward such a case about the tenths that Alba shall confess that Verres, in the case of the corn, and in that of the property of the cultivators of the soil has been an open and undisguised robber.

He says that he sold the tenths of the Leontine district at a high price. I showed at the beginning that he ought not to be considered to have sold them at a high price' who in name indeed sold the tenths, but who in reality and by the terms of the sale, and through his law, and through his edict, and through the licentiousness of the collectors, left no tenths at all to the cultivators of the soil. I proved that also, that others had sold the tenths of the Leontine district and of other districts also, for a high price; and that they had sold them according to the law of Hiero; and that they sold them for even more than you had, and that then no cultivator had complained. Nor indeed was there anything of which any one could complain, when they were sold according to a law most equitably framed; nor did it ever make any difference to the cultivator at what price the tenths were sold. For it is not the case that, if they be sold at a high price, the cultivator owes more, if at a low price, less. As the crops are produced, so are the tenths sold. But it is for the interest of the cultivator, that his crops should be such that the tenths may be able to be sold at as high a price as possible. As long as the cultivator does not give more than a tenth, it is for his interest that the tenth should be as large as possible.

But, I imagine, you mean this to be the chief article of your defence, that you sold all the tenths at a high price, but the tenths of the Leontine district, which produces the most, for two hundred and sixteen thousand modii of wheat. If I prove that you could have sold them for a good deal more, but that you would not knock them down to those who were bidding against Apronius, and that you adjudged them to Apronius for much less than you might have adjudged them to others;—if I prove this, will even Alba, not only your oldest friend, out even your lover, be able to acquit you? I assert that a Roman knight, a man of the highest honour, Quintus Minucius, with others like himself, was willing to add to the tenths of the Leontine district not one thousand, not two thousand, not three thousand modii of wheat, but thirty thousand modii of wheat to the tenths of one single district, and that he was not allowed to become the purchaser, that the matter might not escape the grasp of Apronius.

You cannot by any means deny this, unless you are determined to deny everything. The business was transacted openly, in a full assembly, at Syracuse. The whole province is the witness, because men are accustomed to flock together thither from all parts at the sale or the tenths. And whether you confess this, or whether it be proved against you, do you not see in what important and what evident acts you are detected. First of all, it is proved that that business and that booty was yours. For unless it was, why did you prefer that Acronius (who every one was saying was only managing your affairs in the matter of the tenths as your agent) should get the tenths of the Leontine district rather than Quintus Minucius? Secondly, that an enormous and immense profit was made by you. For if you would not have been influenced by thirty thousand modii of wheat, at all events Minucius would willingly have given thus much as a compliment to Apronius, if he had been willing to accept it.

How great then must we suppose the expectation of booty which he entertained to have been, when he despised and scorned such vast present profit: acquired without the slightest trouble. Thirdly, Minucius himself would never have wished to have them at such a price, if you had been selling the tenths according to the Law of Hiero; but because he saw that by your new edicts and most iniquitous resolutions he should get a good deal more than tenths, on that account he advanced higher. But Apronius had always even a good deal more permitted to him than you had announced in your edict. How much gain then can we suppose was made by him to whom everything was permitted; when that man was so willing to add so large a compliment, who would not have had the same licence if he had bought the tenths?

Lastly, unquestionably that defence, under which you have constantly thought that all your thefts and iniquities could be concealed, is cut from under your feet; that you sold the tenths at a high price—that you consulted the interest of the Roman people—that you provided for plenty of provisions. He cannot say this, who cannot deny that he sold the tenths of one district for thirty thousand modii less than he might have done; even if I were to grant you this, that you did not grant them to Minucius because you had already adjudged them to Apronius; for they say that that is what you are in the habit of saying, and I am expecting to hear it, and I wish you would make that defence. But, even if it were so, still you cannot boast of this as a great thing, that you sold the tenths at a high price, when you admit that there were people who were willing to buy them at a much higher price.

The avarice, then, and covetousness of this man, his wickedness, and dishonesty, and audacity, are proved, O judges, are proved most incontestably. What more shall I say What if his own friends and defenders have formed the same opinion that I have? What can you have more? On the arrival of Lucius Metellus the praetor, when Verres had made all his retinue friends of this also by that sovereign medicine of his, money, men applied to Metellus; Apronius was brought before him; his accuser was a man of the highest consideration, Caius Gallius, a senator. He demanded of Metellus to give him a right of action according to the terms of his edict against Apronius, “for having taken away property by force or by fear,” which formula of Octavius, Metellus had both adopted at Rome, and now imported into the province. He does not succeed; as Metellus said that he did not wish by means of such a trial to prejudge the case of Verres himself in a matter affecting his condition as a free citizen. The whole retinue of Metellus, grateful men, stood by Apronius. Caius Gallius, a man of our order, cannot obtain from Lucius Metellus, his most intimate friend, a trial in accordance with his own edict.

I do not blame Metellus; he spared a friend of his—a connection, indeed, as I have heard him say himself. I do not, I say, blame Metellus; but I do marvel how he not only prejudged the case of a man concerning whom he was unwilling that any previous decision should take place by means of judges, but even judged most severely and harshly respecting him. For, in the first place, if he thought that Apronius would be acquitted, there was no reason for his fearing any previous decision. In the second place, if Apronius were condemned, all men were likely to think that the cause of Verres was involved in his; this at all events Metellus did now decide, and he determined that their affairs and their causes were identical, since he determined that, if Apronius were condemned, it would be a prejudging of the case of Verres. And one fact is at the same time a proof of two things; both that the cultivators gave much more than they owed to Apronius because they were constrained by violence and fear; and also, that Apronius was transacting Verres's business in his own name, since Lucius Metellus determined that Apronius could not be condemned without giving a decision at the same time respecting the wickedness and dishonesty of Verres.

I come now to the letter of Timarchides, his freedman and attendant; and when I have spoken of that, I shall have finished the whole of my charge respecting the truth This is the letter, O judges, which we found at Syracuse, in the house of Apronius, where we were looking for letters. It was sent, as it proves itself, on the journey, when Verres had already departed from the province; written by the hand of Timarchides Read the letter of Timarchides: “Timarchides, the officer of Verres, wishes health to Apronius.” Now I do not blame this which he has written, “The officer.” [*](The Latin is accensus. “The accensus was a public officer who attended on several of the Roman magistrates. He anciently preceded the consul, who had not the fasces.... It was his duty to summon the people to the assemblies, and those who had law-suits to court; and also, by command of the consul and praetor, to proclaim the time, when it was the third hour, the sixth, &c. Accensi also attended on the governors of provinces, and were commonly freedmen of the magistrate on whom they attended.”—Smith, Dict. Ant. in voce.) For why should clerks alone assume to themselves this privilege? “Lucius Papirius the clerk,” I should like this signature to be common to all attendants, lictors, and messengers. [*](The Latin is viator. “Viator was a servant who attended upon and executed the commands of certain Roman magistrates, to whom he bore the same relation that the lictor did to other magistrates. The name viator was derived from the circumstance of their being chiefly employed in messages, either to call upon senators to attend the meeting of the senate, or to summon people to the comitia.”—Smith, Dict. Ant. in voce.) “Be sure and be very diligent in everything which concerns the praetor's character.” He recommends Verres to Apronius, and exhorts him to resist his enemies; Your reputation is protected by a very efficient guard, if indeed it depends on the diligence and authority of Apronius. “You have virtue and eloquence.”

How abundantly Apronius is praised by Timarchides! How splendidly! Whom ought I to expect to be otherwise than pleased with that man who is so highly approved by Timarchides? “You have ample funds.” It is quite inevitable that what there was superfluous of the gain you both made by the corn, must have gone chiefly to the man by whose intervention you transacted that business. “Get hold of the new clerks and officers. [*](The Latin is apparitor, which was “the general name for the public servants of the magistrates at Rome,—accensi, carnifex, lictores, scribae, &c. &c. They were called apparitores because they were at hand to execute the commands of the magistrates. Their service or attendance was called apparitio.”—Smith, Dict. Ant. in voce.) —Use every means that offer, in concert with Lucius Vulteius, who has the greatest influence.” See now, what an opinion Timarchides has of his own dishonest cunning, when he gives precepts of dishonesty to Apronius! Now these words, “Use every means in your power ” [*](The Latin is caede, concide. “N.B. caede concide, Cic. proverbially; i.e. use every means in your power "—Riddle's Lat. Dict. in Concido.) —Does not he seem to be drawing words out of his master's house, suited to every sort of iniquity? “I beg, my brother, that you will trust your own little brother,” your comrade, indeed, in gain and robbery, your twin-brother and image in worthlessness, dishonesty, and audacity. “You will be considered dear to the retinue.” What does this mean, “to the retinue?” What has that to do with it? Are you teaching Apronius? What? had he come into this retinue at your prompting, or of his own accord? “Whatever is needful for each man, that employ.” How great, do you suppose, must have been the impudence of that man when in power, who even after his departure is so shameless? He says that everything can be done by money: you must give, waste, and spend, if you wish to gain your cause. Even this, that Timarchides should give this advice to Apronius, is not so offensive to me, as the fact of his also giving it to his patron: “When you press a request, all men gain their objects.”

Yes, while Verres was praetor, not while Sacerdos was, or Peducaeus, or this very Lucius Metellus. “You know that Metellus is a wise man.” But this is really intolerable, that the abilities of that most excellent man, Lucius Metellus, should be laughed at, and despised and scorned by that runaway slave Timarchides. “If you have Vulteius with you, everything will be mere child's play to you.” Here Timarchides is greatly mistaken, in thinking either that Vulteius can be corrupted by money, or that Metellus is going to discharge the duties of his praetorship according to the will of any one man; but he is mistaken by forming his conjectures from his own experience. Because he saw that, through his own intervention and that of others, many men had been able to do whatever they pleased with Verres, without meeting with any difficulty, he thought that there were the same means of access to every one. You did very easily whatever you wanted with Verres, and found it as easy as child's play to do so, because you knew many of the kinds of play in which he indulged. “Metellus and Vulteius have been impressed with the idea that you have ruined the cultivators of the soil.” Who attributed the action to Apronius, when he had ruined any cultivator? or to Timarchides when he had taken money for assigning a trial, or making a decree, or giving any order, or remitting any thing? or to Sextus the lictor, when he, as executioner, had put an innocent man to death? No one. Every body at the time attributed these things to Verres; whom they desire now to see condemned.

“People have dinned into their ears, that you were a partner of the praetor's.” Do you not see how clear the matter both is and was when even Timarchides is afraid of this? Will you not admit that we are not inventing this charge against you, but that your freedman has been this long time seeking some defence against this charge? Your freedman and officer, one most intimate, and indeed connected with you and your children in everything, writes to Apronius, that it is universally pointed out to Metellus that Apronius had been your partner in the tenths. “Make him see the dishonesty of the cultivators: they shall suffer for it, if the gods will.” What, in the name of the immortal gods, is the meaning of that? or on what account can we say that such great and bitter hatred is excited against the cultivators? What injury have the cultivators of the soil done to Verres, that even his freedman and officer should attack them with so inimical a disposition in these letters? And I would not, O judges, have read to you the letter of this runaway slave, if I had not wished you to see from it the precepts, and customs, and system of the whole household. Do you see how he advises Apronius? by what means and by what presents he may insinuate himself into the intimacy of Metellus? how he may corrupt Vulteius? how he may win over with bribes the clerks and the chief officer? He teaches him what he has himself seen done. He teaches a stranger the lessons which he has learnt at home himself. But in this one thing he makes a mistake, that he thinks there is the same road to every one's intimacy.

Although I am deservedly angry with Metellus, still I will say this which is true. Apronius could not corrupt Metellus with bribes, as he had corrupted Verres, nor with banquets, nor with women, nor with debauched and profligate conversation, by which means he had, I will not say crept into that man's friendship slowly and gradually, but had in a very short time got possession of the whole man and his whole retinue. But as for the retinue of Metellus, which he speaks of, what was the use of his corrupting that, when no judges were appointed out of it to judge the causes of the cultivators?

For as for what he writes, that the son of Metellus was a mere boy, he is greatly mistaken. For there is not the same access to the son of every praetor. O Timarchides, the son of Metellus is in the province, not a boy, but a virtuous and modest youth, worthy of his rank and name. How that boy of yours had behaved in the province, I would not say if I thought it the fault of the boy, and not the fault of his father. Did not you, though you knew yourself and your own habits of life, O Verres, take with you your son, still clad in the robes of a boy, into Sicily, so that even if nature had separated the boy from his father's vices and from every resemblance to his family, still habit and training might prevent his degenerating from them?

Suppose there had been in him the disposition of Caius Laelius, of Marcus Cato, still what good could be expected or extracted out of one who has lived in the licentious school of his father in such a way that he has never seen one modest or sober banquet? who since he has grown up has lived in daily revels for three years among immodest women and intemperate men? who has never heard a word from his father by which he might become more modest or more virtuous? who has never seen his father do anything, which, if he had imitated, would not have laid him under the most disgraceful imputation of all, that of being considered like his father?