In C. Verrem

Cicero, Marcus Tullius

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

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.

Out of all the money which it was your duty to pay to the cultivators, you were in the habit of making deductions on certain pretexts; first of all for the examination, and for the difference in the exchanges; secondly, for some stealing money or other. All these names, O judges, do not belong to any legal demand, but to the most infamous robberies. For what difference of exchange can there be when all use one kind of money? And what is sealing money How has this name got introduced into the accounts of a magistrate? how came it to be connected with the public money? For the third description of deduction was such as if it were not only lawful, but even proper; and not only proper, but absolutely necessary. Two fiftieths were deducted from the entire sum in the name of the clerk. Who gave you leave to do this?—what law? what authority of the senate? Moreover where was the justice of your clerk taking such a sum, whether it was taken from the property of the cultivators, or from the revenues of the Roman people?

For if that sum can he deducted without injury to the cultivators of the soil, let the Roman people have it, especially in the existing difficulties of the treasury; but if the Roman people intended it to be paid to the cultivators, and if it is just that it should be, then shall your officer, hired at small wages paid by the people, plunder the property of the cultivators? And shall Hortensius excite against me in this cause the whole body of clerks? and shall he say that their interests are undermined by me, and their lights opposed? as if this were allowed to the clerks by any precedent or by any right. Why should I go back to old times? or why should I make mention of those clerks, who, it is evident, were most upright and conscientious men? It does not escape my observation, O judges, that old examples are now listened to and considered as imaginary fables I will go only to the present wretched and profligate time. You, O Hortensius, have lately been quaestor. You can say what your clerks did; I say this of mine; when, in that same Sicily, I was paying the cities money for their corn, and had with me two most economical men as clerks, Lucius Manilius and Lucius Sergius, then I say that not only these two fiftieths were not deducted, but that not one single coin was deducted from any one. I would say that all the credit of this was to be attributed to me, O judges, if they had ever asked this of me, if they had ever thought of it.

For why should a clerk make this deduction, and not rather the muleteer who brought the corn down? or the courier, by whose arrival they heard of its coming and made the demand? or the crier, who ordered them to appear? or the lictor and the slave of Venus, who carried the money? What part of the business or what seasonable assistance can a scrivener pretend to, that, I will not say such high wages should be given him, but, that a division of such a large sum should take place with him? Oh they are a very honourable body of men;—who denies it? or what has that to do with this business? But they are an honourable body, because to their integrity are entrusted the public accounts and the safety of the magistrates. Ask, therefore, of those scriveners who are worthy of their body, masters of households, virtuous and honourable men, what is the meaning of those fiftieths? In a moment you will all clearly see that the whole affair is unprecedented and scandalous.

Bring me back to those scriveners, if you please; do not get together those men who when with a little money scraped together from the presents of spendthrifts and the gratuities to actors, they have bought themselves a place in some decury, [*](These decuries were colleges, or guilds, in which the different bodies of inferior officers, librarians, clerks, lictors, accensi, nomenclators, &c were enrolled.) think that they have mounted from the first class of hissed buffoons into the second class of the citizens. Those scriveners I will have as arbitrators in this business between you and me, men who are indignant that those other fellows should be scriveners at ale Although, when we see that there are many unfit men in that order, an order which is held out as a reward for industry and good conduct, are we to wonder that there are some base men in that order also, a place in which any one can purchase for money? When you confess that your clerk, with your leave, took thirteen hundred thousand sesterces of the public money, do you think that you have any defence left? that any one can endure this? Do you think that even any one of those who are at this moment your own advocates can listen to this with equanimity? Do you think that, in the same city in which an action was brought against Caius Cato, [*](Caius Cato was the grandson of Marcus Cato the censor, and nephew of the younger Scipio Africanus; he had been praetor of Sicily, but was convicted of having received eighteen thousand sesterces illegally.) a most illustrious man, a man of consular rank, to recover a sum of eighteen thousand sesterces; in that same city it could be permitted to your clerk to carry off at one swoop thirteen hundred thousand sesterces?

Here is where that golden ring came from, with which you presented him in the public assembly; a gift which was an act of such extraordinary impudence that it seemed novel to all the Sicilians, and to me incredible. For our generals, after a defeat of the enemy, after some splendid success, have often presented their secretaries with golden rings in a public assembly; but you, for what exploit, for the defeat of what enemy did you dare to summon an assembly for the purpose of making this present? Nor did you only present your clerk with a ring, but you also presented a man of great bravery, a man very unlike yourself, Quintus Rubrius, a man of eminent virtue, and dignity, and riches, with a crown, with horse trappings, and a chain; and also Marcus Cossutius, a most conscientious and honourable man, and Marcus Castritius, a man of the greatest wealth, and ability, and influence.

What was the meaning of these presents made to these three Roman citizens? Besides that, you gave presents also to some of the most powerful and noble of the Sicilians, who have not, as you hoped, been the more slow to come forward, but have only come with more dignity to give their evidence in this trial of yours. Where did all these presents come from? from the spoils of what enemy? gained in what victory? Of what booty or trophies do they make a part? Is it because while you were praetor, a most beautiful fleet, the bulwark of Sicily, the defence of the province, was burnt [*](This has been mentioned before, owing to the way in which Verres had disabled the fleet for his private gain, excusing towns from providing ships who were inclined to pay for the relaxation, and discharging too all the sailors who chose to buy their discharges, it was so powerless that a small squadron of pirates sailed into the harbour of Syracuse and burnt it. Afterwards, a single pirate ship was taken, the officers of which purchased their pardon of Verres, who, not daring to avow it, as the people clamoured for their execution, brought on the scaffold the captains of those Roman ships which had been burnt, and officers who he feared might hereafter bear witness against him, with their heads muffled up so that they could not be recognised, and had them executed as the pirates.) by the hands of pirates arriving in a few light galleys? or because the territory of Syracuse was laid waste by the conflagrations of the banditti while you were praetor? or because the forum of the Syracuse overflowed with the blood of the captains? or because a piratical galley sailed about in the harbour of Syracuse? I can find no reason which I can imagine for your having fallen into such madness, unless indeed your object was to prevent men from ever forgetting the disasters of your administration.

A clerk was presented with a golden ring, and an assembly was convoked to witness that presentation. What must have been your face when you saw in the assembly those men out of whose property that golden ring was provided for the present; who themselves had laid aside their golden rings, and had taken them off from their children, in order that your clerk might have the means to support your liberality and kindness? Moreover, what was the preface to this present? Was it the old one used by the generals?—“Since in battle, in war, in military affairs, you....” There never was even any mention of such matters while you were praetor. Was it this, “Since you have never failed me in any act of covetousness, or in any baseness, and since you have been concerned with me in all my wicked actions, both during my lieutenancy, and my praetorship, and here in Sicily; on account of all these things, since I have already made you rich, I now present you with this golden ring?” This would have been the truth. For that golden ring given by you does not prove he was a brave man, but only a rich one. As we should judge that same ring, if given by some one else, to have evidence of virtue when given by you, we consider it only an accompaniment to money.

I have spoken, O judges, of the corn collected as tenths; I have spoken of that which was purchased; the last, the only remaining topic, is the valuation of the corn, which ought to have weight with every one, both from the vastness of the sum involved, and from the description of the injustice done; and more than either, because against this charge he is provided, not with some ingenious defence, but with a most scandalous confession of it. For though it was lawful for him, both by a decree of the senate, and also by the laws, to take corn and lay it up in the granaries, and though the senate had valued that corn at four sesterces for a modius of wheat, two for one of barley, Verres, having first added to the quantity of wheat, valued each modius of wheat with the cultivators at three denarii. [*](A denarius was about eight pence half-penny; a sestertius only fraction over two-pence.) My charge is not this, O Hortensius; do not you think about this; I know that many virtuous, and brave, and incorruptible men, have often valued, both with the cultivators of the soil and with cities, the corn which ought to have been taken and laid up in the granary, and have taken money instead of corn; I know what is accustomed to be done; I know what is lawful to be done; nothing which has been previously the custom of virtuous men is found fault with ill the conduct of Verres.