In C. Verrem
Cicero, Marcus Tullius
Cicero. The Orations of Marcus Tullius Cicero, Volume 1. Yonge, Charles Duke, translator. London: Bell, 1903.
Your friend Aristeus, the son of Dexion, was in chains. Why was this? He had betrayed the fleet. For what bribe? He had deserted the army. What had Cleomenes done? He had done nothing at all. Yet you had presented him with a golden crown for his valour. He had discharged the sailors. But you had received from them all the price of their discharge. Another father, from another district, was Eubulida of Herlita: a man of great reputation in his city, and of high birth; who, because he had injured Cleomenes in defending his son, had been left nearly destitute. But what was there which any one could say or allege in his defence? They are not allowed to name Cleomenes. But the cause compels them to do so. You shall die if you do name him, (for he never threatened any one with trifling punishment.) But there were no rowers. What! are you accusing the praetor? Break his neck. If one is not allowed to name either the praetor, or the rival of the praetor, when the whole case turns on the conduct of these two men, what is to be done?
Heraclius of Segesta also pleads his cause; a man of the very noblest descent in his own city. Listen, O judges, as your humanity requires of you, for you will hear of great cruelties and injuries inflicted on the allies. Know then that the case of Heraclius was this:—that on account of a severe complaint in his eyes he had not gone to sea at all; but by his order who had the command, he had remained in his quarters at Syracuse. He certainly never betrayed the fleet; he did not run away in a fright; he did not desert the army; if he had, he might have been punished when the fleet was setting out from Syracuse. But he was in just the same condition as if he had been detected in some manifest crime; though no charge at all could be brought against him, not ever so falsely.
Among these naval captains was a citizen of Heraclia, of the name of Junius, (for they have some Latin names of that sort,) a man, as long as he lived, illustrious in his own city, and after his death celebrated over all Sicily. In that man there was courage enough, not only to attack Verres, for that indeed, as he saw that he was sure to die, he was aware that he could do without any danger; but when his death was settled, while his mother was sitting in his prison, night and day weeping, he wrote out the defence which his cause required; and now there is no one in all Sicily who is not in possession of that defence, who does not read it, who is not constantly reminded by that oration, of your wickedness and cruelty. In it he states how many sailors he received from his city; how many Verres discharged, and for how much he discharged each of them; how many he had left. He makes similar statements with respect to the other ships and when he uttered these statements before you, he was scourged on the eyes. But when death was staring him in the face, he could easily endure pain of body; he cried out, what he has left also in writing, “That it was an infamous thing that the tears of an unchaste woman on behalf of the safety of Cleomenes should have more influence with you, than those of his mother for his life.”
Afterwards I see that this also is stated, which, if the Roman people has formed a correct estimate of your characters, O judges, he, at the very hour of death, truly prophesied of you,—“That it was not possible for Verres to efface his own crimes by murdering the witnesses; that he, in the shades below, should be a still more serious witness against him, in the opinion of sensible judges, than if he were produced alive in a court of justice; for that then, if he were alive he would only be a witness to prove his avarice; but now, when he had been, put to death, he should be a witness of his wickedness, and audacity, and cruelty.” What follows is very fine,—“That, when your cause came to be tried, it would not be only the bands of witnesses, but the punishments inflicted on the innocent, and the furies that haunt the wicked, that would attend your trial; that he thought his own misfortune the lighter, because he had seen before now the edge of your axes, and the countenance and hand of Sextus your executioner, when in an assembly of Roman citizens, Roman citizens were publicly executed by your command.”
Not to dwell too long on this, Junius used most freely that liberty which you have given the allies, even at the moment of bitter punishment, such as was only fit for slaves. He condemns them all, with the approval of his assessors. And yet, in so important an affair, in a cause in which so many men and so many citizens were concerned, he neither sent for Publius Vettius, his quaestor, to take his advice; nor for Publius Cervius, an admirable man, his lieutenant, who, because he had been lieutenant in Sicily, while he was praetor was the first man rejected by him as a judge; but he condemns them all in conformity with the opinion expressed by a lot of robbers, that is, by his own retinue.
On this all the Sicilians, our most faithful and most ancient allies, who have had the greatest kindnesses conferred on them by our ancestors, were greatly agitated, and alarmed at their own danger, and at the peril of all their fortunes. That that noted clemency and mildness of our dominion should have been changed into such cruelty and inhumanity! That so many men should be condemned at one time for no crime! That that infamous praetor should seek for a defence for his own robberies by the most shameful murder of innocent men! Nothing, O judges, appears possible to be added to such wickedness, insanity, and barbarity—and it is true that nothing can; for if it be compared with the iniquity of other men it will greatly surpass it all.
But he is his own rival; his object is always to outdo his last crime by some new wickedness. I had said that Phalargus the Centuripan was made an exception by Cleomenes, because he had sailed in his quadrireme. Still because that young man was alarmed, as he saw that his case was identical with that of those men who had been put to death, though perfectly innocent; Timarchides came to him, and tells him that he is in no danger at all of being put to death, but warns him to take care lest he should be sentenced to be scourged. To make my story short, you heard the young man himself say, that because of his fear of being scourged he paid money to Timarchides.
These are but light crimes in such a criminal as this. A naval captain of a most noble city ransoms himself from the danger of being scourged with a bribe—it was a human weakness. Another gave money to save himself from being condemned—it is a common thing. The Roman people does not wish Verres to be prosecuted on obsolete accusations; it demands new charges against him; it requires something which it has not heard before; it thinks that it is not a praetor of Sicily, but some most cruel tyrant that is being brought before the court. The condemned men are consigned to prison. They are sentenced to execution. Even the wretched parents of the naval captains are punished; they are prevented from visiting their sons; they are prevented from supplying their down children with food and raiment.
These very fathers, whom you see here, lay on the threshold, and the wretched mothers spent their nights at the door of the prison, denied the parting embrace of their children, though they prayed for nothing but to be allowed to receive their son's dying breath. The porter of the prison, the executioner of the praetor, was there; the death and terror of both allies and citizens; the lictor Sextius, to whom every groan and every agony of every one was a certain gain—“To visit him, you must give so much; to be allowed to take him food into the prison, so much.” No one refused. “What now, what will you give me to put your son to death at one blow of my axe? to save him from longer torture? to spare him repeated blows? to take care that he shall give up the ghost without any sense of pain or torture?” Even for this object money was given to the lictor.
Oh great and intolerable agony! oh terrible and bitter ill-fortune! Parents were compelled to purchase, not the life of their children, but a swiftness of execution for them. And the young men themselves also negotiated with Sextius about the same execution, and about that one blow; and at last, children entreated their parents to give money to the lictor for the sake of shortening their sufferings. Many and terrible sufferings have been invented for parents and relations; many—still death is the last of all. It shall not be. Is there any further advance that cruelty can make? One stall be found—for, when their children have been executed and slain, their bodies shall be exposed to wild beasts. If this is a miserable thing for a parent to endure, let him pay money for leave to bury him.
You heard Onasus the Segestan, a man of noble birth, say that he had paid money to Timarchides for leave to bury the naval captain, Heraclius. And this (that you may not be able to say, “Yes, the fathers come, angry at the loss of their sons,”) is stated by a man of the highest consideration, a man of the noblest birth; and he does not state it with respect to any son of his own. And as to this, who was there at Syracuse at that time, who did not hear, and who does not know that these bargains for permission to bury were made with Timarchides by the living relations of those who had been put to death? Did they not speak openly with Timarchides? Were not all the relations of all the men present? Were not the funerals of living men openly bargained for? And then, when all those matters were settled and arranged, the men are brought out of prison and tied to the stake.
Who at that time was so cruel and hard-hearted, who was so inhuman, except you alone, as not to be moved by their youth, their high birth, and their misfortunes? Who was there who did not weep? who did not feel their calamity, as if he thought that it weep; not the fortune of others alone, but the common safety of all that was at stake? They are executed. You rejoice and triumph at the universal misery; you are delighted that the witnesses of your avarice are put out of the way: you were mistaken, O Verres, you were greatly mistaken, when you thought that you could wash out the stains of your thefts and iniquities in the blood of our innocent allies. You were borne on headlong in your frenzy, when you thought that you could heal the wounds of your avarice by applying remedies of inhumanity. In truth, although those who were the witnesses of your wickedness are dead, yet their relations are wanting neither to you nor to them; yet, out of this very body of naval captains some are alive, and are present here; whom, as it seems to me, fortune saved out of that punishment of innocent men.
For this trial Philarchus the Haluntian is present, who, because be did not flee with Cleomenes, was overwhelmed by the pirates, and taken prisoner; whose misfortune was his safety, who, if he had not been taken prisoner by the pirates, would have fallen into to power of this partner of pirates. He will give his evidence, concerning the discharge of the sailors, the want of provisions, and the flight of Cleomenes. Phalargus the Centuripan is present, born in a most honourable city, and in a most honourable rank. He tells you the same thing; he differs from the other in no particular.
In the name of the immortal gods, O judges, with what feelings are you sitting them? or with what feelings are you hearing these things? Am I out of my mind, and now I grieving more than I ought amid such disasters and distresses of our allies? or does this most bitter torture and agony of innocent man affect you also with an equal sense of pain? For when I say that a Herbitan, that a Heraclean was put to death, I see before my eyes all the indignity of that misfortune. That the citizens of those states, that the population of those lands, by whom and by whose care and labour an immense quantity of corn is procured every year for the Roman people, who were brought up and educated by their parents in the hope of our paternal rule, and of justice, should have been reserved for the nefarious inhumanity of Caius Verres, and for his fatal axe!
When the thought of that unhappy Tyndaritan, and of that Segestan, comes across me, then I consider at the same time the rights of the cities, and their duties. Those cities which Publius Africanus thought fit to be adorned with the spoils of the enemy, those Caius Verres has stripped, not only of those ornaments, but even of their noblest citizens, by the most abominable wickedness. See what the people of Tyndaris will willingly state. “We were not among the seventeen tribes of Sicily. We, in all the Punic and Sicilian wars, always adhered to the friendship and alliance of the Roman people; all possible aid in war, all attention and service in peace, has been at all times rendered by us to the Roman people.” Much, however, did their rights avail them, under that man's authority and government!
Scipio once led your sailors against Carthage; but now Cleomenes leads ships that are almost dismantled against pirates. “Africanus,” says he, “shared with you the spoils of the enemy, and the reward of glory; but now, you, having been plundered by me, having had your vessel taken away by the pirates, are considered in the number and class of enemies.” What more shall I say? what advantages did that relationship of the Segestans to us, not only stated in old papers, and commemorated by words, but adopted and proved by many good offices of theirs towards us, bring to them under the government of that man? Just this much, O judges, that a young man of the highest rank was torn from his father's bosom, an innocent son from his mother's embrace, and given to that man's executioner, Sextius. That city to which our ancestors gave most extensive and valuable lands, which they exempted from tribute; the city, with all the weight of its relationship to us, of its loyalty, and of its ancient alliance with us, could not obtain even this privilege, of being allowed to avert by its prayers the death and execution of one most honourable and most innocent citizen.
Whither shall the allies flee for refuge? Whose help shall they implore? by what hope shall they still be retained in the desire to live, if you abandon them? Shall they come to the senate and beg them to punish Verres? That is not a usual course; it is not in accordance with the duty of the senate. Shall they betake themselves to the Roman people? The people will easily find all excuse; for they will say that they have established a law for the sake of the allies, and that they have appointed you as guardians and vindicators of that law. This then is the only place to which they can flee; this is the harbour, this is the citadel, this is the altar of the allies; to which indeed they do not at present betake themselves with the same views as they formerly used to entertain in seeking to recover their property. They are not seeking to recover silver, nor gold, nor robes, nor slaves, nor ornaments which have been carried off from their cities and their temples;—they fear, like ignorant men, that the Roman people now allows such things and permits them to be done. For we have now for many years been suffering; and we are silent when we see that all the money of all the nations has come into the hands of a few men; which we seem to tolerate and to permit with the more equanimity, because none of these robbers conceals what he is doing; none of them take the least trouble to keep their covetousness in any obscurity.
In our most beautiful and highly decorated city what statue, or what painting is there, which has not been taken and brought away from conquered enemies? But the villas of those men are adorned and filled with numerous and most beautiful spoils of our most faithful allies. Where do you think is the wealth of foreign nations, which they are all now deprived of, when you see Athens, Pergamos, Cyzicus, Miletus, Chios, Samos, all Asia in short, and Achaia, and Greece, and Sicily, now all contained in a few villas? But all these things, as I was saying, your allies abandon and are indifferent to now. They took care by their own services and loyalty not to be deprived of their property by the public authority of the Roman people; though they were unable to resist the covetousness of a few individuals, yet they could in some degree satiate it; but now not only as all their power of resisting taken away, but also all their means also of supplying such demands. Therefore they do not care about their property; they do not seek to recover their money, though that is nominally the subject of this prosecution; that they abandon and are indifferent to;—in this dress in which you see them they now fly to you.
Behold, behold, O judges, the miserable and squalid condition of our allies. Sthenius, the Thermitan, whom you see here, with this uncombed hair and mourning robe, though his whole house has been stripped of everything, makes no mention of your robberies, O Verres; he claims to recover his own safety from you, nothing more. For you, by your lust and wickedness, have removed him entirely from his country, in which he flourished as a leading man, illustrious for his many virtues and distinguished services. This man Dexio, whom you see now present, demands of you, not the public treasures of which you stripped Tyndaris, nor the wealth of which you robbed him as a private individual, but, wretched that he is, he demands of you his most virtuous, his most innocent, his only son. He does not want to carry back home a sum of money obtained from you as damages, but he seeks out of your calamity some consolation for the ashes and bones of his son. This other man here, the aged Eubulida, has not, at the close of life, undertaken such fatigue and so long a journey, to recover any of his property, but to see you condemned with the same eyes that beheld the bleeding neck of his own son.
If it had not been for Lucius Metellus, O judges, the mothers of those men, their wives and sisters, were on their way hither; and one of them, when I arrived at Heraclea late at night, came to meet me with all the matrons of that city, and with many torches; and so, styling me her saviour, calling you her executioner, uttering in an imploring manner the name of her son, she fell down, wretched as she was, at my feet, as if I were able to raise her son from the shades below. In the other cities also the aged mothers, and even the little children of those miserable men did the same thing; while the helpless age of each class appeared especially to stand in need of my labour and diligence, of your good faith and pity.