In C. Verrem

Cicero, Marcus Tullius

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

See, therefore, how many things are required of you at once. Acquit the man who confesses that he has taken immense sums, doing at the same time the greatest injury to our allies. That is not enough. There are also many others who have done the same thing. Acquit them also, if there are any; so as to release as many rogues as possible by one decision. Even that is not enough. Cause that it may be lawful to those who come after them to do the same thing. It shall be lawful. Even this is too little. Allow it to be lawful for every one to value corn at whatever price he pleases. He may so value it. You see now, in truth, O judges, that if this valuation be approved of by you, there will be no limit hereafter to any man's avarice, nor any punishment for dishonesty.

What, therefore, O Hortensius, are you about? You are the consul elect, you have had a province allotted to you. When you speak on the subject of the valuation of corn, we shall listen to you as if you were avowing that you will do what you defend as having been legitimately done by Verres; and as if you were very eager that that should be lawful for you which you say was lawful for him. But if that is to be lawful, there is nothing which you can imagine any one likely to do hereafter, in consequence of which he can possibly be condemned for extortion. For whatever sum of money any one covets, that amount it will be lawful for him to acquire, under the plea of the granary, and by means of the highness of the valuation.

But there is a thing, which, even if Hortensius does not say it openly in defending Verres, he still does say in such a manner that you may suspect and think that this matter concerns the advantage of the senators; that it concerns the advantage of those who are judges, and who think that they will some day or other be in the provinces themselves as governors or as lieutenants. But you must think that we have splendid judges, if you think them likely to show indulgence to the faults of others, in order the more easily to be allowed to commit faults themselves. Do we then wish the Roman people, do we wish the provinces, and our allies, and foreign nations to think that, if senators are the judges, this particular manner of extorting immense sums of money with the greatest injustice will never be in any way chastised? But if that be the case, what can we say against that praetor who every day occupies the senate, who insists upon it that the republic can not prosper, if the office of judge is not restored to the equestrian order?

But if he begins to agitate this one point, that there is one description of extortion, common to all the senators, and now almost legalized in the case of that order, by which immense sums are taken from the allies with the greatest injustice; and that this cannot possibly be repressed by tribunals of senators, but that, while the equestrian order furnished the senators, it never was committed; who, then, can resist him? Who will be so desirous of gratifying you, who will be such a partisan of your order, as to be able to oppose the transference of the appointment of judges to that body? And I wish he were able to make a defence to this charge by any argument, however false, as long as it is natural and customary. You could then decide with less danger to yourselves, with less danger to all the provinces. Did he deny that he had adopted this valuation? You would appear to have believed the man in that statement, not to have approved of his action. He cannot possibly deny it. It is proved by all Sicily. Out of all that numerous band of cultivators, there is not one from whom money has not been exacted on the plea of the granary.

I wish he were able to say even this, that that affair does not concern him; that the whole business relating to corn was managed by the quaestors. Even that he cannot say, because his own letters are read which were sent to the cities, written on the subject of the three denarii. What then is his defence? “I have done what you accuse me of; I have extorted immense sums on the plea of the granary; but it was lawful for me to do so, and it will be lawful for you if you take care.” A dangerous thing for the provinces for any classes of injury to be established by judicial decision to a dangerous thing for our order, for the Roman people to think that these men, who themselves are subject to the laws, cannot defend the laws with strictness when they are judges. And while that man was praetor, O judges, there was not only no limit to his valuing corn, but there was none either to his demands of corn. Nor did he command that only to be supplied that was due, but as much as was advantageous for himself. I will put before you the sum total of all the corn commanded to be furnished for the granary, as collected out of the public documents, and the testimonies of the cities You will find, O judges, that man commanded the cities to supply five times as much as it was lawful for him to take for the granary. What can be added to this impudence, if he both valued it at such a price that men could not endure it, and also commanded so much more to be supplied than was permitted to him by the laws to require?

Wherefore, now that you have heard the whole business of the corn, O judges, you can easily see that Sicily, that most productive and most desirable province, has been lost to the Roman people, unless you recover it by your condemnation of that man. For what is Sicily, if you take away the cultivation of its land, and if you extinguish the multitude and the very name of the cultivators of the soil? For what can there be left of disaster which has not come to those unhappy cultivators, with every circumstance of injury and insult? They were liable, indeed, to pay tenths, but they have scarcely had a tenth left for themselves. When money has been due to them, it has not been paid; though the senate intended them to supply corn for the granary according to a very equitable valuation, they have been compelled to sell even the tools with which they cultivate their lands.

I have already said, O judges, that even if you remove all these injuries, still that the occupation of cultivating land is maintained owing to the hopes and a certain sort of pleasure which it gives, rather than because of the profit and emolument arising from it. In truth every year constant labour and constant expense is incurred in the hope of a result which is casual and uncertain. Moreover, the crop does not command a high price, except in a disastrous harvest. But if there has been a great abundance of crops gathered, then there is cheapness in selling them. So that you may see that the corn must be badly sold if it is got in well, or else that the crop must be bad if you get a good price for it. And the whole business of agriculture is such, that it is regulated not by reason or by industry, but by those most uncertain things,—the weather and the winds. When from agriculture one tenth is extracted by law and on fair terms,—when a second is levied by a new regulation, on account of the necessity of procuring a sufficient supply for ourselves,—when, besides, corn is purchased every year by public authority,—and when, after all that, more still is ordered by magistrates and lieutenants to be supplied for the granary,—what, or how much is there after all this of his own crop which the cultivator or owner can have at his own disposal, for his own profit?

And if all this is endured,—if by their care, and expense, and labour, they consult your advantage and that of the Roman people rather than themselves and their own profit,—still, ought they also to bear these new edicts and commands of the praetors, and the imperiousness of Apronius, and the robberies and rapine of the slaves of Venus? Ought they also to supply corn which ought to be purchased of them without getting any payment for it? Ought they also, though they are willing to supply corn for the granary without payment, to be forced to pay large sums too? Ought they also to endure all these injures and all these losses accompanied with the greatest insult and contumely? Therefore, O judges, those things which they have not at all been able to bear, they have not borne. You know that over the whole of Sicily the allotments of land are deserted and abandoned by their owners. Nor is there anything else to be gained by this trial, except that our most ancient and faithful allies, the Sicilians, Roman settlers, and the cultivators of the soil, owing to your strictness and your care, may return to their farms and to their homes under my guidance and through my instrumentality.

I come now to what Verres himself calls his passion what his friends call his disease, his madness; what the Sicilians call his rapine; what I am to call it, I know not. I will state the whole affair to you, and do you consider it according to its own importance and not by the importance of its name. First of all, O judges, suffer me to make you acquainted with the description of this conduct of his; and then, perhaps, you will not be very much puzzled to know by what name to call it. I say that in all Sicily, in all that wealthy and ancient province, that in that number of towns and families of such exceeding riches, there was no silver vessel, no Corinthian or Delian plate, no jewel or pearl, nothing made of gold or ivory, no statue of marble or brass or ivory, no picture whether painted or embroidered, that he did not seek out, that he did not inspect, that, if he liked it, he did not take away.

I seem to be making a very extensive charge; listen now to the manner in which I make it. For I am not embracing everything in one charge for the sake of making an impression, or of exaggerating his guilt. When I say that he left nothing whatever of the sort in the whole province, know that I am speaking according to the strict meaning of the words, and not in the spirit of an accuser. I will speak even more plainly; I will say that he has left nothing in any one's house, nothing even in the towns, nothing in public places, not even in the temples, nothing in the possession of any Sicilian, nothing in the possession of any Roman citizen; that he has left nothing, in short, which either came before his eyes or was suggested to his mind, whether private property or public, or profane or sacred, in all Sicily.

Where then shall I begin rather than with that city which was above all others in your affection, and which was your chosen place of enjoyment? or with what class of men rather than with your flatterers? For by that means it will be the more easily seen how you behaved among those men who hate you, who accuse you, who will not let you rest, when you are proved to have plundered among the Mamertines, who are your friends, in the most infamous manner. Caius Heius is a Mamertine—all men will easily grant me this who have ever been to Messana; the most accomplished man in every point of view in all that city. His house is the very best in all Messana,—most thoroughly known, most constantly open, most especially hospitable to all our fellow-citizens. That house before the arrival of Verres was so splendidly adorned, as to be an ornament even to the city. For Messanaitself, which is admirable on account of its situation, its fortifications, and its harbour, is very empty and bare of those things in which Verres delights.

There was in the house of Heius a private chapel of great sacredness, handed down to him from his ancestors, very ancient; in which he had four very beautiful statues, made with the greatest skill, and of very high character; calculated not only to delight Verres, that clever and accomplished man, but even any one of us whom he calls the mob:—one, a statue of Cupid, in marble, a work of Praxiteles; for in truth, while I have been inquiring into that man's conduct, I have learnt the names of the workmen; it was the same workman, as I imagine, who made that celebrated Cupid of the same figure as this which is at Thespiae, on account of which people go to see Thespiae, for there is no other reason for going to see it; and therefore that great man Lucius Mummius, when he carried away from that town the statues of the Muses which are now before the temple of Good Fortune, and the other statues which were not consecrated, did not touch this marble Cupid, because it had been consecrated.

But to return to that private chapel; there was this statue, which I am speaking of, of Cupid, made of marble. On the other side there was a Hercules, beautifully made of brass; that was said to be the work of Myron, as I believe, and it undoubtedly was so. Also before those gods there were little altars, which might indicate to any one the holiness of the chapel. There were besides two brazen statues, of no very great size, but of marvellous beauty, in the dress and robes of virgins, which with uplifted hands were supporting some sacred vessels which were placed on their heads, after the fashion of the Athenian virgins. They were called the Canephorae, but their maker was.... (who? who was he? thank you, you are quite right,) they called him Polycletus. Whenever any one of our citizens went to Messana, he used to go and see these statues. They were open every day for people to go to see them. The house was not more an ornament to its master, than it was to the city.

Caius Claudius, whose aedileship we know to have been a most splendid affair, used this statue of Cupid, as long as he kept the forum decorated in honour of the immortal gods and the Roman people. And as he was connected by ties of hospitality with the Heii, and was the patron of the Mamertine people,—as he availed himself of their kindness to lend him this, so he was careful to restore it There have lately been noble men of the same kind, O judges;—why do I say lately, Yes, we have seen some very lately, a very little while ago indeed, who have adorned the forum and the public buildings, not with the spoils of the provinces, but with ornaments belonging to their friends,—with splendid things lent by their own connections, not with the produce of the thefts of guilty men,—and who afterwards have restored the statues and decorations, each to its proper owner; men who have not taken things away out of the cities of our allies for the sake of a four-day festival, under presence of the shows to be exhibited in their aedileship, and after that carried them off to their own homes, and their own villas.

All these statues which I have mentioned, O judges, Verres took away from Heius, out of his private chapel. Be left, I say, not one of those things, nor anything else, except one old wooden figure.—Good Fortune, as I believe; that, forsooth, he did not choose to have in his house! Oh! for the good faith of gods and men! What is the meaning of all this? What a cause is this? What impudence is this! The statues which I am speaking of, before they were taken away by you, no commander ever came to Messanawithout seeing So many praetors, so many consuls as there have been in Sicily, in time of peace, and in time of war; so many men of every sort as there have been—I do not speak of upright, innocent, conscientious men, but so many covetous, so many audacious, so many infamous men as there have been, not one of them all was violent enough, or seemed to himself powerful enough or noble enough, to venture to ask for, or to take away, or even to touch anything in that chapel. Shall Verres take away everything which is most beautiful everywhere? Shall it not be allowed to any one besides to have anything? Shall that one house of his contain so many wealthy houses? Was it for this reason that none of his predecessors ever touched these things, that he might be able to carry them off? Was this the reason why Caius Claudius Pulcher restored them, that Caius Verres might be able to steal them? But that Cupid had no wish for the house of a pimp and the establishment of a harlot; he was quite content to stay in that chapel where he was hereditary; he knew that he had been left to Heius by his ancestors, with the rest of the sacred things which he inherited; he did not require the heir of a prostitute.

But why am I borne on so impetuously? I shall in a moment be refuted by one word. “I bought it,” says he. O ye immortal gods, what a splendid defence! we sent a broker into the province with military command and with the forces, to buy up all the statues, all the paintings, all the silver plate and gold plate, and ivory, and jewels, and to leave nothing to any body. For this defence seems to me to be got ready for everything; that he bought them. In the first place, if I should grant to you that which you wish, namely, that you bought them, since against all this class of accusations you are going to use this defence alone, I ask what sort of tribunals you thought that there would be at Rome, if you thought that any one would grant you this, that you in your praetorship and in your command [*](The Latin word is imperium. “Imperium(as opposed to Potestas) is the power which was conferred by the state upon an individual who was appointed to command an army.... The imperiumwas as necessary for the governor of a province, as for a general who merely commanded the armies of the republic; as without it he could not exercise military authority.... It was conferred by a special law, and was limited, if not by the terms in which it was conferred, at least by usage. It could not be held or exercised within the city.”—Smith, Dict. Ant. p. 508, v. Imperium.)bought up so many and such valuable things,—everything, in short, which was of any value in the whole province.

Remark the care of our ancestors, who as yet suspected no such conduct as this, but yet provided against the things which might happen in affairs of small importance. They thought that no one who had gone as governor or as lieutenant into a province would be so insane as to buy silver, for that was given him out of the public fends; or raiment, for that was afforded him by the laws; they thought he might buy a slave, a thing which we all use, and which is not provided by the laws. They made a law, therefore, “that no one should buy a slave except in the room of a slave who was dead.” If any slave had died at Rome? No, if any one had died in the place where his master was. For they did not mean you to furnish your house in the province, but to be of use to the province in its necessities.

What was the reason why they so carefully kept us from making purchases in the provinces? This was it, O judges, because they thought it a robbery, not a purchase, when the seller was not allowed to sell on his own terms. And they were aware that, in the provinces, if he who was there with the command and power [*](The Latin word in each case is potestas. “According to Paulus, potestas, as applied to a magistrate, is equivalent to imperium... But potestasis applied to magistrates who had not the imperiumas, for instance, to quaestors and tribunes of the people; and potestasand imperiumare often opposed in Cicero. Thus it seems that potestas, like many other Roman terms, had both a wider signification and a narrower one; in its wider signification it might mean all the power that was delegated to any person by the state, whatever might be the extent of that power; in its narrower signification, it was on the one hand equivalent to imperiumand on the other, it expressed the power of these functionaries who had not the imperium.” Smith, Dict. Ant. p. 727 v. Potestas.)of a governor wished to purchase what was in any one's possession, and was allowed to do so, it would come to pass that he would get whatever he chose, whether it was to be sold or not, at whatever price he pleased. Some one will say, “Do not deal with Verres in that manner; do not try and examine his actions by the standard of old-fashioned conscientiousness; allow him to have bought them without being punished for it, provided he bought them in a fair way, not through any arbitrary exercise of power, nor from any one against his will, or by violence.” I will so deal with him. If Heius had anything for sale, if he sold it for the price at which he valued it, I give up inquiring why you bought it.

What then are we to do? Are we to use arguments in a case of this sort? We must ask, I suppose, whether Heius was in debt, whether he had an auction,—if he had, whether he was in such difficulties about money matters, whether he was oppressed by such want, by such necessity, as to strip his private chapel, to sell his paternal gods. But I see that the man had no auction; that he never sold anything except the produce of his land; that he not only had no debts, but that he had always abundance of ready money. Even if all these things were contrary to what I say they were, still I say that he would not have sold things which had been so many years in the household and chapel of his ancestors. “What will you say if he was persuaded by the greatness of the sum given him for them?” It is not probable that a man, rich as he was, honourable as he was, should have preferred money to his own religious feelings and to the memorials of his ancestors.

“That may be, yet men are sometimes led away from their habits and principles by large sums of money.” Let us see, then, how great a sum this was which could turn Heius, a man of exceeding riches, by no means covetous, away from decency, from affection, and from religion. You ordered him, I suppose, to enter in his account books, “All these statues of Praxiteles, of Myron, of Polycletus, were sold to Verres for six thousand five hundred sesterces.” Read the extracts from his accounts— [The accounts of Heius are read.] I am delighted that the illustrious names of these workmen, whom those men extol to the skies, have fallen so low in the estimation of Verres—the Cupid of Praxiteles for sixteen hundred sesterces. From that forsooth has come the proverb “I had rather buy it than ask for it.”