In C. Verrem

Cicero, Marcus Tullius

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

What, if I prove, O judges, that these two treaties with the two states were of such a nature, that in the case of the people of Tauromenium it was expressly provided for and guarded against in the treaty, “that they were not bound to furnish a vessel;” but that in the case of the Mamertines it was set down and written in the treaty itself, “that they were bound to furnish a vessel;” but that Verres, in opposition to both treaties, compelled the Tauromenians to furnish one, and excused the Mamertines? Can it, then, be doubtful to any one that, while Verres was praetor, that merchant-vessel was a greater assistance to the Mamertines than the treaty was to the Tauromenians? Let the treaties be read. [The treaties of the Mamertines and the Tauromenians with the Roman people are read.] By that act therefore, of kindness, as you call it—of corruption and dishonesty, as the case itself proves,—you detracted from the majesty of the republic, you diminished the reinforcements of the Roman people—you diminished their resources, acquired by the valour and wisdom of their ancestors; you destroyed their imperial rights, and the terms on which the allies became such, and all recollection of the treaty. They who by the express words of the treaty were bound to send at their own expense and risk a ship properly armed and equipped with everything necessary, even as far as the ocean if we ordered them to do so, those men bought from you for money a release from the terms of the treaty, and a release from the lights of sovereignty which we had over them, so as to be excused from even sailing in that narrow sea before their own houses and homes, from defending their own walls and harbours.

How much labour, and trouble, and money, do you suppose the Mamertines at the time of making this treaty would willingly have devoted to the object of preventing this bireme from being mentioned in it, if they could by any possibility have obtained such a favour from our ancestors? For when this heavy burden was imposed on the city, there was contained somehow or other in that treaty of alliance some badge, as it were, of slavery. That which then, when their services were recent, before the matter was finally determined, when the Roman people were in no difficulties, they could not obtain by treaty from our ancestors; that now, when they have done us no new service, after so many years,—now that it has been enforced every year by our right of sovereignty, and has been invariably observed—now, I say, when we are in great want of vessels, they have obtained from Caius Verres by bribery. Oh! but this is all that they have gained, exemption from furnishing a ship! Have the Mamertines for the last three years furnished one sailor, one soldier, to serve either in fleet or in garrison, all the time you have been praetor?

Lastly, when according to the resolution of the senate, and also according to the Terentian and Cassian law, corn was to be bought in equal proportions from all the cities of Sicily, from that light burden also, which they shared too with all the other cities, you relieved the Mamertines.—You will say that the Mamertines do not owe corn. How do not owe corn? Do you mean to say they were not bound to sell us corn? For this corn was not a contribution to be exacted, but a supply to be purchased. By your permission, then, by your interpretation of the treaty, the Mamertines were not bound to assist the Roman people, even by supplying their markets, and furnishing them with provisions.

And what city, then, was bound to supply these things? As for those who cultivate the public domains, it is settled what they are bound to furnish by the Censorian Law. Why did you exact from them anything besides that in another class of contribution? What? Do those who are liable to the payment of tenths owe anything more than a single tenth, according to the Law of Hiero? Why have you fixed in their case also how much corn they were to be bound to sell to us, that being another description of contribution? Those who are exempt undoubtedly owe nothing. But you not only exacted this from them, but even by way of making them give more than they possibly could, you added to their burden those sixty thousand modii from which you excused the Mamertines. And this is not what I say, that this was not rightly exacted from the others; what I say is, that it was a scandalous thing to excuse the Mamertines, whose case was exactly the same, and from whom all previous praetors had exacted the same contribution that they did from the rest, and had paid them for it according to the resolution of the senate, and the law. And in order to drive in this indulgence with a big nail, as one may say, he takes cognisance of the cause of the Mamertines while sitting on the bench with his assessors, and pronounces judgment, that he, according to the decision of the bench, does not demand any corn from the Mamertines.

Listen to the decree of the mercenary praetor from his own note-book; and take notice how great his gravity is in framing a degree, how great his dignity is in pronouncing it. Read the next memorandum of his decrees. [The decree, extracted from Verres's note-book, is read.] He says, “that he does this willingly,” and therefore he makes the entry in his book. What then? suppose you had not used this word “willingly,” should we, forsooth, have supposed that you made this profit unwillingly? “And by the advice of the bench;” you have heard a fair list of the assessors read to you, O judges Did it seem to you, when you heard their names, that a list of assessors to a praetor was being read, or a roll of the troop and company of a most infamous bandit?

Here are interpreters of treaties, settlers of the terms of alliances, authorities as to religious obligations! Corn was never bought in Sicily by public order, without the Mamertines being ordered to furnish their just proportion, till that fellow appointed this select and admirable bench of his, in order to get money from them, and to act up to his invariable character. Therefore, that decree had just the weight that the authority of that man ought to have, who sold a decree to those men from whom it had been his duty to buy corn. For Lucius Metellus, the moment he arrived as his successor, required corn of the Mamertines, according to the regulations and appointment of Caius Sacerdos and Sextus Peducaeus.

Then the Mamertines perceived that they could not longer retain the privilege which they had bought from its unprincipled author. Come now, you, who were desirous to be thought such a scrupulous interpreter of treaties, tell us why you compelled the Tauromenians and the Netians to furnish corn; for both of those are confederate cities. And the Netians were not wanting to themselves, for as soon as you pronounced your decision that you willingly excused the Mamertines, they came before you, and proved to you that their case under the treaty was exactly the same. You could not make a different decree in a case which was identical with the other. You pronounce that the Netians are not bound to furnish corn, and still you exact it from them. Give me the papers of this same praetor referring to his decrees, and to the corn that was ordered to be supplied, and to the wheat that was bought. [The papers of the praetor referring to the decrees, to the corn ordered to be supplied, and to the wheat purchased, are read.] In a case of such enormous and shameful inconsistency, what can we suspect, O judges, rather than that which is inevitable; either that money was not given to him by the Netians when he demanded it, or else that the Mamertines were given to understand that they had disposed of all their bribes and presents very advantageously, when others, whose case was identical with theirs, could not obtain the same privileges?

Will he here again venture to make mention to me of the panegyric of the Mamertines? for who is there of you, O judges, who is not aware how many weapons that furnishes against him? In the first place, as in courts of justice it is more respectable for a man who cannot produce ten witnesses to speak to his character, to produce none at all, than not to complete the number made as it were legitimate by usage; so there are a great many cities in Sicily over which you were governor for three years; almost all the rest accuse you; a few insignificant ones, kept back by fear, say nothing; one speaks in your favour. What does all this show except that you are aware how advantageous genuine evidence to a person's character is; but that, nevertheless, your administration of the province was such that you are forced of necessity to do without that advantage?