In C. Verrem

Cicero, Marcus Tullius

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

By which conduct you have done an injury, not only to your son, but also to the republic. For you had begotten children, not for yourself alone, but also for your country; who might not only be a pleasure to you, but who might some day or other be able to be of use to the republic. You ought to have trained and educated them according to the customs of your ancestors, and the established system of the state; not in your crimes, in your infamy. Were he the able, and modest, and upright son of a lazy, and debauched, and worthless father then the republic would have had a valuable present from you. Now you have given to the state another Verres instead of yourself, if, indeed, he is not worse (If that be possible) in this respect,—that you have turned out such as you are without being bred up in the school of a dissolute man, but only under a thief, and a go-between. [*](The Latin is divisor, on which Riddle says, “a decider a distributor. There were also divisores at the comitia, through whom the candidates caused money to be distributed among the tribes, this was a name given by way of reproach, and not that of an office.”)

What can we expect likely to turn out more complete than a person who is by nature your son, by education your pupil, by inclination your copyist? Whom, however, I, O judges, would gladly see turn out a virtuous and gallant man. For I am not influenced by his enmity, if, indeed, there is to be enmity between him and me; for if I am innocent and like myself in everything, how will his enmity hurt me? And if, in any respect, I am like Verres, an enemy will no more be wanting to me than he has been wanting to him. In truth, O judges, the republic ought to be such, and shall be such, being established by the impartiality of the tribunals, that an enemy shall never be wanting to the guilty, and shall never be able to injure the innocent. There is, therefore, no cause why I should not be glad for that son of his to emerge out of his father's vices and infamy. And although it may be difficult, yet I do not know whether it be impossible; especially if (as is at present the case) the guardians placed over him by his friends continue to watch him, since his father is so indifferent to him, and so dissolute.

But my speech has now digressed more than I had intended from the letter of Timarchides: and I said, that when that had been read, I would end all I had to say on the charge connected with the tenths; from which you have clearly seen that an incalculable amount of corn has been for these three years diverted from the republic, and taken illegally from the cultivators. The next thing is, O judges, for me to explain to you the charge about the purchase of corn, a theft very large in amount, and exceedingly shameless. And I entreat you to listen while I briefly lay before you my statements, being both certain, few in number, and important. It was Verres's duty according to a decree of the senate, and according to the law of Terentius and to the law of Cassius about corn, to purchase corn in Sicily. There were two descriptions of purchase,—the one the purchase of the second tenths, the other the purchase of what was furnished in fair proportions by the different cities. Of corn derived from the second tenths the quantity would be as much as had been derived from the first tenths; of corn levied on the cities in this way there would be eight hundred thousand modii. The price fixed for the corn collected as the second tenths was three sesterces a modius; for that furnished in compliance with the levy, four sesterces. Accordingly, for the corn furnished in compliance with the levy, there was paid to Verres each year three million two hundred thousand sesterces, which he was to pay to the cultivators of the soil; and for the second tenths, about nine millions of sesterces. And so, during the three years, there was nearly thirty-six million six hundred thousand sesterces paid to him for this purchase of corn in Sicily.

This enormous sum of money, given to you out of a poor and exhausted treasury; given to you for corn,—that is to say, for what was necessary for the safety and life of the citizens; given to you to be paid to the Sicilian cultivators of the soil, on whom the republic was imposing such great burdens;—this great sum, I say, was so handled by you, that I can prove, if I choose, that you appropriated the whole of this money, and that it all went to your own house. In fact, you managed the whole affair in such a way that this which I say can be proved to the most impartial judge. But I will have a regard for my own authority, I will recollect with what feelings, with what intentions I have undertaken the advocacy of this public cause. I will not deal with you in the spirit of an accuser; I will invent nothing; I do not wish any one to take for proved, while I am speaking, anything of which I myself do not already feel thoroughly convinced.

In the ease of this public money, O judges, there are three kinds of thefts. In the first place, he put it out among the companies from which it had been drawn at twenty-four per cent interest; [*](Towards the close of the republic the interest of money became due on the first of every month; therefore centesimae usurae, which seems to have been reckoned the ordinary rate of interest at Rome, was a payment of the hundredth part of the debt every month, or twelve hundredths, or, as we say, twelve per cent every year; binae centesimae were twice as much. Niebuhr is of opinion that the monthly rate of the centesimae was of foreign origin, and first adopted at Rome in the time of Sulla. The old yearly rate established by the Twelve Tables was unciarium foenus, a little over eight per-cent a year. See Smith, Dict Ant. p. 525, v. Interest.) in the second place, he paid actually nothing at all for corn to very many of the cities; lastly, if he did pay any city, he deducted as large a sum as ever he chose. He paid no one whatever as much as was due to him. And first I ask you this—you, to whom the farmers of the revenue, according to the letters of Carpinatius, gave thanks. Was the public money, drawn from the treasury, given out of the revenues of the Roman people to purchase corn, was it a source of profit to you? Did it bring you in twenty-four per cent interest? I dare say you will deny it. For it is a disgraceful and dangerous confession to make.

And it is a thing very difficult for me to prove, for by what witnesses am I to prove it? By the farmers of the revenue? They have been treated by him with great honour they will keep silence. By their letters? They have been put out of the way by a resolution of the collectors. Which way then shall I turn? Shall I leave unmentioned so infamous a business, a crime of such audacity and such shamelessness, on account of a dearth of witnesses or of documentary proofs? I will not do so, O judges, I will call a witness. Whom? Lucius Vettius Chilo, a most honourable and accomplished man of the equestrian order, who is such a friend of and so closely connected with Verres, that, even if he were not an excellent man, still whatever he said against him would seem to have great weight; but who is so good a man that, even if he were ever so great an enemy to him, yet his testimony ought to be believed.

He is annoyed and waiting to see what Vettius will say. He will say nothing because of this present occasion; nothing of his free will, nothing of which we can think that he might have spoken either way. He sent letters into Sicily to Carpinatius, when he was superintendent of the tax derived from the pasture lands, and manager of that company of farmers, which letters I found at Syracuse, in Carpinatius's house, among the portfolios of letters which had been brought to him; and at Rome in the house of Lucius Tullius, an intimate friend of yours, and another manager of the company, in portfolios of letters which had been received by him. And from these letters observe, I pray you, the impudence of this man's usury. [The letters of Lucius Vettius to Publius Servilius, and to Caius Antistius, managers of the company, are read.] Vettius says that he will be with you, and will take notice how you make up your accounts for the treasury; so that, if you do not restore to the people this money which has been put out at interest, you shall restore it to the company.

Can we not establish what we assert by this witness, can we not establish it by the letters of Publius Servilius and Caius Antistius, managers of the company, men of the highest reputation and of the highest honour, and by the authority of the company whose letters we are using? or must we seek for something on which we can rely more, for something more important? Vettius, your most intimate friend,—Vettius, your connection, to whose sister you are married,—Vettius, the brother of your wife, the brother of your quaestor, bears witness to your most infamous theft, to your most evident embezzlement; for by what other name is a lending of the public money at usury to be called? Read what follows. He says that your clerk, O Verres, was the drawer up of the bond for this usury: the managers threaten him also in their letters; in fact, it happened by chance that two managers were with Vettius. They think it intolerable that twenty-four per cent should be taken from them, and they are right to think so. For whoever did such a thing before? who ever attempted to do such a thing,—who ever thought that such a thing could be done, as for a magistrate to venture to take money as interest from the farmers, though the senate had often assisted the farmers by remitting the interests due from them? Certainly that man could have no hope of safety, if the farmers—that is, the Roman knights, were the judges.

He ought to have less hope now, O judges, now that you have to decide; and so much the less, in proportion as it is more honourable to be roused by the injuries of others than by one's own. What reply do you think of making to all this? Will you deny that you did it? Will you defend yourself on the ground that it was lawful for you to do it? How can you deny it? Can you deny it, to be convicted by the authority of such important letters, by so many farmers appearing as witnesses? But how can you say it was lawful? In truth, if I were to prove that you, in your own province, had lent on usury your own money, and not the money of the Roman people, still you could not escape; but when I prove that you lent the public money, the money decreed to you to buy corn with, and that you received interest from the farmers, will you make any one believe that this was lawful? a deed than which not only others have never, but you yourself have never done a more audacious or more infamous one. I cannot, in truth, O judges, say that even that which appears to me to be perfectly unprecedented, and about which I am going to speak next—I mean, the fact of his having actually paid very many cities nothing at all for their corn—was either more audacious or more impudent; the booty derived from this act was perhaps greater, but the impudence of the other was certainly not less.

And since I have said enough about this lending at interest, now, I pray you, give your attention to the question of the embezzlement of the whole sum in many instances. There are many cities in Sicily, O judges, of great splendour and of high reputation, and among the very first of these is the city of Halesa. You will find no city more faithful to its duties, more rich in wealth, more influential in its authority. After that man had ordered it to furnish every year sixty thousand modii of wheat, he took money for the wheat, at the price which wheat bore in Sicily at the time; all the money which he thus received from the public treasury, he kept for himself. I was amazed, O judges, when a man of the greatest ability, of the highest wisdom, and of the greatest influence, Aeneas of Halesa, first stated this to me at Halesa in the senate of Halesa; a man to whom the senate by public resolution had given a charge to return me and my brother thanks, and at the same time to explain to us the matters which concerned this trial.

He proves to me that this was his constant custom and system; that, when the entire quantity of corn had been brought to him under the name of tenths, then he was accustomed to exact money from the cities, to object to the corn delivered, and as for all the corn which he was forced to send to Rome, he sent that quantity from his own profits and from his own store of corn. I demand the accounts, I inspect the documents, I see that the people of Halesa, from whom sixty thousand modii had bees levied, had given none, that they had paid money to Volcatus, and to Timarchides the clerk. I find a case of plunder of this kind, O judges, that the praetor, whose duty it was to buy corn, did not buy it, but sell it; and that he embezzles and appropriates the money which he ought to have divided among the cities. It did not appear to me any longer to be a theft, but a monster and a prodigy; to reject the corn of the cities, and to approve of his own; when he had approved of his own, then to put a price on that corn, to take from the cities what he had fixed, and to retain what he had received from the Roman people.

How many degrees of offence in one single act of fraud do you think will be enough, if I insist on them severally, to bring the matter to a point where he can go no further? You reject the Sicilian corn; why? because you are sending some yourself. Have you any Sicily of your own, which can supply you corn of another sort? When the senate decrees that corn he bought in Sicily, or when the people order this, this, as I imagine, is what they mean, that Sicilian corn is to be brought from Sicily. When you reject all the corn of Sicily, do you send corn to Rome from Egypt or from Syria? You reject the corn of Halesa, of Cephalaedis, of Thermae, of Amestras, of Tyndaris, of Herbita, and of many other cities. What has happened then to cause the lands of these people to bear corn of such a sort while you were praetor, as they never bore before, so that it can neither be approved of by you, nor by the Roman people; especially when the managers of the different companies had taken corn, being the tenths, from the same land, and of the same year, to Rome? What has happened that the corn which made part of the tenths was approved, and that that which was bought, though out of the same barn, was not approved of? Is there any doubt that all that rejection of corn was contrived with the object of raising money?

Be it so. You reject the corn of Halesa, you have corn from another tribe which you approve of. Buy that which pleases you; dismiss those whose corn you have rejected. But from those whom you reject you exact such sum of money as may be equivalent to the quantity of corn which you require of their city. Is there any doubt what your object has been? I see from the public documents that the people of Halesa gave you fifteen sesterces for every medimnus—I will prove from the accounts of the wealthiest of the cultivators, that at the same time no one in Sicily sold corn at a higher price. What, then, is the reason for your rejecting, or rather what madness is it to reject corn which comes from that place from which the senate and the people of Rome ordered it to be brought? which comes from that very heap, a part of which, under the name of tenths, you had actually approved of? and besides, to exact money from the cities for the purchase of cow, when you had already received it from the treasury? Did the Terentian law enjoin you to buy corn from the Sicilians with the money of the Sicilians, or to buy corn from the Sicilians with the money of the Roman people?

But now you see that all that money out of the treasury, which ought to have been given to these cities for corn, has been made profit of by that man. For you take fifteen sesterces for a medimus of wheat; for that is the value of a medimus at that time. You keep eighteen sesterces; for that is the price of Sicilian corn, estimated according to law. What difference does it make whether you did this, or whether you did not reject the corn, but, after the corn was approved and accepted, detained all the public money, and paid none to any city whatever? when the valuation of the law is such that while it is tolerable to the Sicilians at other times, it ought also to be pleasant to them during your praetorship. For a modius is valued by law at three sesterces. But, while you were praetor, it was, as you boast in many letters to your friends, valued at two sesterces. But suppose it was three sesterces, since you exacted that price from the cities for every modius. When, if you had paid the Sicilians as much as the Roman people had ordered you to pay, it might have been most pleasing to the cultivators, you not only did not choose them to receive what they ought, but you even compelled them to pay what was not due from them.

And that these things were done in this manner, you may know, O judges, both from the public documents of the cities, and from their public testimonies; in all which you will find nothing false, nothing invented as suited to the times. Everything which we speak of is entered in the returns and made up in a regular manner, without any interpolations or irregularities being foisted into the people's accounts, but while they are all made up with deliberation and accuracy. Read the accounts of the people of Halesa. To whom does he say that money was paid? Speak, speak, I say, a little louder. “To Volcatius, to Timarchides, to Maevius.” What is all this, O Verres? have you not left yourself even this argument in your defence, that they are the managers of the companies who have been concerned in those matters? that they are the managers who have rejected the corn? that they are the managers who have settled the affair with the cities for money? and that it is they also who have taken money from you in the name of those cities? and, moreover, that they have bought corn for themselves; and that all these things do not at all concern you? It would, in truth, be an insufficient and a wretched defence for a praetor to say this, “I never touched the corn, I never saw it, I gave the managers of the companies the power of approving of rejecting it; the managers extorted money from the cities but I paid to the managers the money which I ought to have paid to the people.”

This is, as I have said, an insufficient, or rather, a profligate defence against an accusation. But still, even this one, if you were to wish to use it, you cannot use. Volcatius, the delight of yourself and your friends, forbids you to make mention of the manager; and Timarchides, the prop of your household, stops the mouth of your defence; who, as well as Volcatius, had money paid to him from the cities. But now your clerk, with that golden ring of his, which he procured out of these matters, will not allow you to avail yourself of that argument. What then remains for you, except to confess that you sent to Rome corn which had been bought with the money of the Sicilians? that you appropriated the public money to your own purposes? O you habit of sinning, what delight you afford to the wicked and the audacious, when chastisement is afar off, and when impunity attends you!

This is not the first time that that man has been guilty of that sort of peculation, but now for the first time is he convicted. We have seen money paid to him from the treasury, while he was quaestor, for the expense of a consular army; we saw, a few months afterwards, both army and consul stripped of everything All that money lay hid in that obscurity and darkness which at that time had seized upon the whole republic. After that, he discharged the duties of the quaestorship to which he succeeded under Dolabella. He embezzled a vast sum of money; but he mixed up his accounts of that money with the confusion consequent on the conviction of Dolabella. Immense sums of money were entrusted to him when praetor. You will not find him a man to lick up these most infamous profits nervously and gently; he did not hesitate to swallow up at a gulp the whole of the public money. That wicked covetousness, when it is implanted in a man's nature, creeps on in such a way, when the habit of sinning has emancipated itself from restraint, that it is not able to put any limits to its audacity.

At length it is detected, and it is detected in affairs of great importance, and of undoubted certainty. And it seems to me that, by the interposition of the gods, this man too has become involved in such dishonesty, as not only to suffer punishment for the crimes which he has lately committed, but also to be overwhelmed with the vengeance due to the sins which he committed against Carbo and against Dolabella. There is in truth also another new feature in this crime, O judges, which will remove all doubts as to his criminality on the former charge respecting the tenths. For, to say nothing of this fact, that very many of the cultivators of the soil had not corn enough for the second tenths, and for those eight thousand modii which they were bound to sell to the Roman people, but that they bought them of your agent, that is, of Apronius; which is a clear proof that you had left the cultivators actually nothing: to pass over this, which teas been clearly set forth in many men's evidence, can anything be more certain than this,—that all the corn of Sicily, and all the crops of the land liable to the payment of tenths, were for three years in your power and in your barns?

for when you were demanding of the cities money for corn, whence was the corn to be procured for you to send to Rome, if you had it not all collected and locked up? Therefore, in the affair of that corn, the first profit of all was that of the corn itself, which had been taken by violence from the cultivators; the next profit was because that very corn which had been procured by you during your three years, you sold not once, but twice; not for one payment, but for two, though it was one and the same lot of corn; once to the cities, for fifteen sesterces a medimnus, a second time to the Roman people, from whom you got eighteen sesterces a medimus for the very same corn.

But perhaps you approved besides of the corn of the Centuripans, of the Agrigentines, and of some others, and paid money to these nations. There may be some cities in that number whose corn you were unwilling to object to. What then? Was all the money that was owed for corn paid to these cities? Find me one—not one people, but one cultivator. See, seek, look around, if perchance there is any single man in that province in which you were governor for three years, who does not wish you to be ruined. Produce me one, I say, out of all those cultivators who contributed money even to raise a statue to you, who will say that everything that was due for corn was paid. I pledge myself, O judges, that none will say so.