In C. Verrem

Cicero, Marcus Tullius

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

It is a crime to bind a Roman citizen; to scourge him is a wickedness; to put him to death is almost parricide. What shall I say of crucifying him? So guilty an action cannot by any possibility be adequately expressed by any name bad enough for it. Yet with all this that man was not content. “Let him behold his country,” said he; “let him die within sight of laws and liberty.” It was not Gavius, it was not one individual, I know not whom,—it was not one Roman citizen,—it was the common cause of freedom and citizenship that you exposed to that torture and nailed on that cross. But now consider the audacity of the man. Do not you think that he was indignant that be could not erect that cross for Roman citizens in the forum, in the comitium, in the very rostra? For the place in his province which was the most like those places in celebrity, and the nearest to them in point of distance, he did select. He chose that monument of his wickedness and audacity to be in the sight of Italy, in the very vestibule of Sicily, within sight of all passers-by as they sailed to and fro.

If I were to choose to make these complaints and to utter these lamentations, not to Roman citizens, not to any friends of our city, not to men who had heard of the name of the Roman people,—if I uttered them not to men, but to beasts,—or even, to go further, if I uttered them in some most desolate wilderness to the stones and rocks, still all things, mute and inanimate as they might be, would be moved by such excessive, by such scandalous atrocity of conduct. But now, when I am speaking before senators of the Roman people, the authors of the laws, of the courts of justice, and of all right, I ought not to fear that that man will not be judged to be the only Roman citizen deserving of that cross of his, and that all others will not be judged most undeserving of such a danger.

A little while ago, O judges, we did not restrain our tears at the miserable and most unworthy death of the naval captains; and it was right for us to be moved at the misery of our innocent allies; what now ought we to do when the lives of our relations are concerned? For the blood of all Roman citizens ought to be accounted kindred blood; since the consideration of the common safety, and truth requires it. All the Roman citizens in this place, both those who are present, and those who are absent in distant lands, require your severity, implore the aid of your good faith, look anxiously for your assistance. They think that all their privileges, all their advantages, all their defences, in short their whole liberty, depends on your sentence.

From me, although they have already had aid enough, still, if the affair should turn out ill, they will perhaps have more than the venture to ask for. For even though any violence should snatch that man from your severity, which I do not fear, a judges, nor do I think it by any means possible; still, if my expectations should in this deceive me, the Sicilians will complain that their cause is lost, and they will be as indignant as I shall myself; yet the Roman people, in a short time, since it has given me the power of pleading before them, shall through my exertions recover its rights by its own votes before the beginning of February. And if you have any anxiety, O judges, for my honour and for my renown, it is not unfavourable for my interests, that that man, having been saved from me at this trial, should be reserved for that decision of the Roman people. The cause is a splendid one, one easily to be proved by me, very acceptable and agreeable to the Roman people. Lastly, if I see where to have wished to rise at the expense of that one man, which I have not wished,—if he should be acquitted, (a thing which cannot happen without the wickedness of many men,) I shall be enabled to rise at the expense of many. But in truth, for your sake, O judges, and for the sake of the republic, I should grieve that such a crime was committed by this select bench of judges. I should grieve that those judges, whom I have myself approved of and joined in selecting, should walk about in this city branded with such disgrace by that man being acquitted, as to seem smeared not with wax, [*](This refers to the tablets on which the judges signified their decision, which, as has been said before, were covered with wax.) but with mud.

Wherefore, from this place I warn you also, O Hortensius, if there is any room for giving a warning, to take care again and again, and to consider what you are doing, and whither you are proceeding; what man it is whom you are defending, and by what means you are doing so. Nor in this manner do I seek at all to limit you, so as to prevent your contending against me with all your genius, and all your ability in speaking. As to other things, if you think that you can secretly manage, out of court, some of the things which belong to this judicial trial; if you think that you can effect anything by artifice, by cunning, by influence, by your own popularity, by that man's wealth; then I am strongly of opinion you had better abandon that idea. And I warn you rather to put down, I warn you not to suffer to proceed any further the attempts which have already been commenced by that man, but which have been thoroughly detected by, and are thoroughly known to me. It will be at a great risk to yourself that any error is committed in this trial; at a greater risk than you think.

For as for your thinking yourself now relieved from all fear for your reputation, and at the summit of all honour as consul elect, believe me, it is no less laborious a task to preserve those honours and kindnesses, conferred on you by the Roman people, than to acquire them. This city has borne as long as it could, as long as there was no help for it, that kingly sort of sway of yours which you have exercised in the courts of justice, and in every part of the republic. It has borne it, I say. But on the day when the tribunes of the people were restored to the Roman people, all those privileges (if you are not yourself already aware of it) were taken away from you. At this very time the eyes of all men are directed on each individual among us, to see with what good faith I prosecute him, with what scrupulous justice these men judge him, in what manner you defend him.

And in the case of all of us, if any one of us turns aside ever so little from the right path, there will follow, not that silent opinion of men which you were formerly accustomed to despise, but a severe and fearless judgment of the Roman people. You have, O Quintus, no relationship, no connection with that man. In the case of this man you can have none of those excuses with which you formerly used to defend your excessive zeal in any trial. You are bound to take care above all things, that the things which that fellow used to say in the province, when he said that he did all that he was doing out of his confidence in you, shall not be thought to be true.

I feel sure now that I have discharged my duty to the satisfaction of all those who are most unfavourable to me. For I convicted him, in the few hours which the first pleading occupied, in the opinion of every man. The remainder of the trial is not now about my good faith, which has been amply proved, nor about that fellow's way of life, which has bean fully condemned; but it is the judges, and if I am to tell the truth, it is yourself, who will now be passed sentence on. But when will that sentence be passed? For that is a point that must be much looked to, since in all things, and especially in state affairs, the consideration of time and circumstance is of the greatest importance. Why, at that time when the Roman people shall demand another class of men, another order of citizens to act as judges. Sentence will be pronounced in deciding on that law about new judges and fresh tribunals which has been proposed in reality not by the man whose name you see on the back of it, but by this defendant. Verres, I say, has contrived to have this law drawn up and proposed from the hope and opinion which he entertains of you.

Therefore, when this cause was first commenced, that law had not been proposed; when Verres, alarmed at your impartiality, had given many indications that he was not likely to make any reply at all, still no mention was made of that law; when he seemed to pick up a little courage and to fortify himself with some little hope, immediately this law was proposed. And as your dignity is exceedingly inconsistent with this law, so his false hopes and preeminent impudence are strongly in favour of it. In this case, if anything blameworthy be done by any of you, either the Roman people itself will judge that man whom it has already pronounced unworthy of any trial at all; or else those men will judge, who, because of the unpopularity of the existing tribunals, will be appointed as new judges by a new law made respecting the old judges.

For myself, even though I were not to say it myself, who is there who is not aware how far it is necessary for me to proceed? Will it be possible for me to be silent, O Hortensius? Will it be possible for me to dissemble, when the republic has received so severe a wound, that, though I pleaded the cause, our provinces will appear to have been pillaged, our allies oppressed, the immortal gods plundered, Roman citizens tortured and murdered with impunity? Will it be possible for me either to lay this burden on the shoulders of this tribunal, or any longer to endure it in silence? Must not the matter be agitated? must it not be brought publicly forward? Must not the good faith of the Roman people be implored? Must not all who have implicated themselves in such wickedness as to allow their good faith to be tampered with, or to give a corrupt decision, be summoned before the court, and made to encounter a public trial?

Perhaps some one will ask, Are you then going to take upon yourself such a labour, and such violent enmity from so many quarters? Not, of a truth, from any desire of mine, or of my own free will. But I have not the same liberty allowed me that they have who are born of noble family; on whom even when they are asleep all the honours of the Roman people are showered. I must live in this city on far other terms and other conditions. For the case of Marcus Cato, a most wise and active man, occurs to me; who, as he thought that it was better to be recommended to the Roman people by virtue than by high birth, and as he wished that the foundation of his race and name should be hid and extended by himself, voluntarily encountered the enmity of most influential men, and lived in the discharge of the greatest labours to an extreme old age with great credit.

After that, did not Quintus Pompeius, a man born in a low and obscure rank of life, gain the very highest honours by encountering the enmity of many, and great personal danger, and by undertaking great labour? And lately we have seen Caius Fimbria, Caius Marcius, and Caius Caelius, striving with no slight toil, and in spite of no insignificant opposition, to arrive at those honours which you nobles arrive at while devoted to amusement or absorbed in indifference. This is the system, this is the path for our adoption. These are the men whose conduct and principles we follow. We see how unpopular with, and how hateful to some men of noble birth, is the virtue and industry of new men; that, if we only turn our eyes away for a moment, snares are laid for us; that, if we give the least room for suspicion or for accusation, an attack is immediately made on us; that we must be always vigilant, always labouring. Are there any enmities?—let them be encountered; any toils?—Let them be undertaken.

In truth, silent and secret enmities are more to be dreaded than war openly declared and waged against us. There's scarcely one man of noble birth who looks favourably on our industry; there are no services of ours by which we can secure their good-will; they differ from us in disposition and inclination, as if they were of a different race and a different nature. What danger then is there to us in their enmity, when their dispositions are already averse and inimical to us before we have at all provoked their enmity?

Wherefore, O judges, I earnestly wish that I may appear for the last time in the character of an accuser, in the case of this criminal, when I shall have given satisfaction to the Roman people, and discharged the duty due to the Sicilians my client, and which I have voluntarily undertaken. But it is my deliberate resolution, if the event should deceive the expectation which I cherish of you, to prosecute not only those who are particularly implicated in the guilt of corrupting the tribunal, but those also who have in any way been accomplices in it. Moreover, if there be any persons, who in the case of the criminal have any inclination to show themselves powerful, or audacious, or ingenious in corrupting the tribunal, let them hold themselves ready, seeing that they will have to fight a battle with us, while the Roman people will be the judges of the contest. And if they know that, in the case of this criminal, whom the Sicilian nation has given me for my enemy, I have been sufficiently energetic, sufficiently persevering, and sufficiently vigilant, they may conceive that I shall be a much more formidable and active enemy to those men whose enmity I have encountered of my own accord, for the sake of the Roman people.

Now, O good and great Jupiter, you, whose royal present, worthy of your most splendid temple, worthy of the Capitol and of that citadel of all nations, worthy of being the gift of a king, made for you by a king, dedicated and promised to you, that man by his nefarious wickedness wrested from the hands of a monarch; you whose most holy and most beautiful image he carried away from Syracuse;—And you, O royal Juno, whose two temples, situated in two islands of our allies—at Melita and Samos—temples of the greatest sanctity and the greatest antiquity, that same man, with similar wickedness, stripped of all their presents and ornaments;—And you, O Minerva, whom he also pillaged in two of your most renowned and most venerated temples—at Athens, when he took away a great quantity of gold, and at Syracuse, when he took away everything except the roof and walls;—

And you, O Latona, O Apollo, O Diana, whose (I will not say temples, but, as the universal opinion and religious belief agrees,) ancient birthplace and divine home at Delos he plundered by a nocturnal robbery and attack;—You, also, O Apollo, whose image he carried away from Chios;—You, again and again, O Diana, whom he plundered at Perga; whose most holy image at Segesta, where it had been twice consecrated—once by their own religious gift, and a second time by the victory of Publius Africanus—he dared to take away and remove;—And you, O Mercury, whom Verres had placed in his villa, and in some private palaestra, but whom Publius Africanus had placed in a city of the allies. and in the gymnasium of the Tyndaritans, as a guardian and protector of the youth of the city;—

And you, O Hercules, whom that man endeavoured, on a stormy night, with a band of slaves properly equipped and armed, to tear down from your situation, and to carry off;—And you, O most holy mother Cybele, whom he left among the Enguini, in your most august and venerated temple, plundered to such an extent, that the name only of Africanus, and some traces of your worship thus violated, remain, but the monuments of victory and all the ornaments of the temple are no longer visible,—You, also, O you judges and witnesses of all forensic matters, and of the most important tribunals, and of the laws, and of the courts of justice,—you, placed in the most frequented place belonging to the Roman people, O Castor and Pollux, from whose temple that man, in a most wicked manner, procured gain to himself, and enormous booty;—And, O all ye gods, who, borne on sacred cars, visit the solemn assemblies of our games, whose road that fellow contrived should be adapted, not to the dignity of your religious ceremonies, but to his own profit;

—And you, O Ceres and Libera, whose sacred worship, as the opinions and religious belief of all men agree, is contained in the most important and most abstruse mysteries; you, by whom the principles of life and food, the examples of laws, customs, humanity, and refinement are said to have been given and distributed to nations and to cities; you, whose sacred rites the Roman people has received from the Greeks and adopted, and now preserves with such religious awe, both publicly and privately, that they seem not to have been introduced from other nations, but rather to nave been transmitted from hence to other nations, but which nave been polluted and violated by that man alone, in such a manner, that he had one image of Ceres (which it was impious for a man not only to touch, but even to look upon) pulled down from its place in the temple at Catina, and taken away; and another image of whom he carried away from its proper seat and home at Enna; which was a work of such beauty, that men, when they saw it, thought either that they saw Ceres herself, or an image of Ceres not wrought by human hand, but one that had fallen from heaven;—

You, again and again I implore and appeal to, most holy goddesses, who dwell around those lakes and groves of Enna, and who preside over all Sicily, which is entrusted to me to be defended; you whose invention and gift of corn, which you have distributed over the whole earth, inspires all nations and all races of men with reverence for your divine power;—And all the other gods, and all the goddesses, do I implore and entreat, against whose temples and religious worship that man, inspired by some wicked frenzy and audacity, has always waged a sacrilegious and impious war, that, if in dealing with this criminal and this cause my counsels have always tended to the safety of the allies, the dignity of the Roman people, and the maintenance of my own character for good faith; if all my cares, and vigilance, and thoughts have been directed to nothing but the discharge of my duty, and the establishment of truth, I implore them, O judges, so to influence you, that the thoughts which were mine when I undertook this cause, the good faith which has been mine in pleading it, may be yours also in deciding it.

Lastly, that, if all the actions of Caius Verres are unexampled and unheard of instances of wickedness, of audacity, of perfidy, of lust, of avarice, and of cruelty, an end worthy of such a life and such actions may, by your sentence, overtake him; and that the republic, and my own duty to it, may be content with my undertaking this one prosecution, and that I may be allowed for the future to defend the good, instead of being compelled to prosecute the infamous.