Lately, when Marcus Aurelius Scaurus made the demand, because he said that he as quaestor had been prevented by force at Ephesus from taking his servant out of the temple of Diana, who had taken refuge in that asylum, Pericles, an Ephesian, a most noble man, was summoned to Rome, because he was accused of having been the author of that wrong. If you had stated to the senate that you, a lieutenant, had been so treated at Lampsacus, that your companions were wounded, your lictor slain, you yourself surrounded and nearly burnt, and that the ringleaders and principal actors and chiefs in that transaction were Themistagoras and Thessalus, who, you write, were so, who would not have been moved? Who would not have thought that he was taking care of himself in chastising the injury which had been done to you? Who would not have thought that not only your cause but that the common safety was at stake in that matter? In truth the name of lieutenant Cicero here, one may almost say, plays on the meanings of the word legatus, which means not only a lieutenant, but also an ambassador The persons of ambassadors have always, by the laws of nations, been considered to be sacred but Verres was not an ambassador, but a lieutenant. ought to be such as to pass in safety not only among the laws of allies, but even amid the arms of enemies.

This crime committed at Lampsacus is very great; a crime of lust and of the most infamous desires. Listen now to a tale of avarice, but little less iniquitous of its sort. He demanded of the Milesians a ship to attend him to Myndus as a guard. They immediately gave him a light vessel, a beautiful one of its class, splendidly adorned and armed. With this guard he went to Myndus. For, as to the wool being public property which he carried off from the Milesians,—as for his extravagance on his arrival,—as for his insults and injuries offered to the Milesian magistrates, although they might be stated not only truly, but also with vehemence and with indignation, still I shall pass them all over, and reserve them for another time to be proved by evidence. At present listen to this which cannot possibly be suppressed, and at the same time cannot be mentioned with proper dignity.

He orders the soldiers and the crew to return from Myndus to Miletus on foot; he himself sold that beautiful light vessel, picked out of the ten ships of the Milesians, to Lucius Magius and Lucius Rabius, who were living at Myndus. These are the men whom the senate lately voted should be considered in the number of enemies. In this vessel they sailed to all the enemies of the Roman people, from Dianium, which is in Spain, to Senope, which is in Pontus. O ye immortal gods! the incredible avarice, the unheard-of audacity of such a proceeding! Did you dare to sell a ship of the Roman fleet, which the city of Miletus had assigned to you to attend upon you? If the magnitude of the crime, if the opinion of men, had no influence on you, did this, too, never occur to you,—that so illustrious and so noble a city would he a witness against you of this most wicked theft, or rather of this most abominable robbery?

Or because at that time Cnaeus Dolabella attempted, at your request, to punish the man who had been in command of that vessel, and who had reported to the Milesians what had been done, and had ordered his report, which according to their laws had been inserted in the public registers, to be erased, did you, on that account, fancy that you had escaped from that accusation? That opinion of yours has much deceived you, and on many occasions. For you have always fancied, and especially in Sicily, that you had taken sufficient precautions for your defence, when you had either forbidden anything to be mentioned in the public records, or had compelled that which had been so mentioned to be erased. How vain that step is, although in the former pleading you learnt it in the instance of many cities of Sicily, yet you may learn it again in the case of this city. The citizens are, indeed, obedient to the command, as long as they are present who give the command. As soon as they are gone, they not only set down that which they have been forbidden to set down, but they also write down the reason why it was not entered in the public records at the time.

Those documents remain at Miletus, and will remain as long as that city lasts. For the Milesian people had built ten ships by command of Lucius Marcus out of the taxes imposed by the Roman people, as the other cities of Asia had done, each in proportion to its amount of taxation Wherefore they entered on their public records, that one of the ten had been lost, not by the sudden attack of pirates, but by the robbery of a lieutenant,—not by the violence of a storm, but by this horrible tempest which fell upon the allies.

There are at Rome Milesian ambassadors, most noble men and the chief men of the city, who, although they are waiting with apprehension for the month of February It was in the month of February that the senate was used to give audience to the deputies from the provinces: and the consuls elect, as has been said before, were notoriously in the interest of Verres. and the time of the consuls elect, yet they not only do not dare to deny such an atrocious action when they are asked about it, but they cannot forbear speaking of it unasked if they are present. They will tell you, I say, being induced by regard to religion, and by their fear of their laws at home, what has become of that vessel. They will declare to you that Caius Verres has behaved himself like a most infamous pirate in regard to that fleet which was built against pirates. When Caius Malleolus, the quaestor of Dolabella, had been slain, he thought that two inheritances had come to him; one, that of his quaestorian office, for he was immediately desired by Dolabella to be his proquaestor; the other, of a guardianship, for as he was appointed guardian of the young Malleolus, he immediately invaded his property.

For Malleolus had started for his province so splendidly equipped that he left actually nothing behind him at home. Besides, he had put out a great deal of money among the provincials, and had taken bills from them. He had taken with him a great quantity of admirably embossed silver plate. For he, too, was a companion of that fellow Verres in that disease and in that covetousness; and so he left behind him at his death a great quantity of silver plate, a great household of slaves, many workmen, many beautiful youths. That fellow seized all the plate that took his fancy; carried off all the slaves he chose; carried off the wines and all the other things which are procured most easily in Asia, which he had left behind: the rest he sold, and took the money himself.

Though it was plain that he had received two million, five hundred thousand sesterces, when he returned to Rome, he rendered no account to his ward, none to his ward's mother, none to his fellow-guardians; though he had the servants of his ward, who were workmen, at home, and beautiful and accomplished slaves about him, he said that they were his own,—that he had bought them. When the mother and grandmother of the boy repeatedly asked him if he would neither restore the mosey nor render an account, at least to say how much money of Malleolus's he had received, being wearied with their importunities, at last he said, a million of sesterces. Then on the last line of his accounts, he put in a name at the bottom by a most shameless erasure; he put down that he had paid to Chrysogonus, a slave, six hundred thousand sesterces which he had received for his ward Malleolus. How out of a million they became six hundred thousand; how the six hundred thousand tallied so exactly with other accounts,—that of the money belonging to Cnaeus Carbo there was also a remainder of six hundred thousand sesterces; and how it was that they were put down as paid to Chrysogonus; why that name occurred on the bottom line of the page, and after an erasure, you will judge.

Yet, though he had entered in his accounts six hundred thousand sesterces as having been received, he has never paid over fifty thousand. Of the slaves, since he has been prosecuted in this manner, some have been restored, some are detained even now. All the gains which they had made, and all their substitutes “As slaves often acted as factors or agents for their masters in matters of business, and, as such, were often entrusted with property to a large amount, there arose a practice of allowing the slave to consider part of the gains as his own; this was his peculium .... According to strict law the peculium was the property of the master, but according to usage it was the property of the slave.... Sometimes a slave would have another slave under him, who had a peculium with respect to the first slave, just as the first slave had a peculium with respect to his master. On this practice was founded the distinction between Servi Ordinarii and Vicarii.”—Smith, Dict. Ant. pp. 869, 870. v. Servus. are detained. This is that fellow's splendid guardianship. See to whom you are entrusting your children! Behold how great is the recollection of a dead companion! Behold how great is the fear of the opinion of the living! When all Asia had given herself up to you to be harassed and plundered, when all Pamphylia was placed at your mercy to be pillaged, were you not content with this rich booty? Could you not keep your hands off your guardianship, off your ward, off the son of your comrade? It is not now the Sicilians; they are now a set of ploughmen, as you are constantly saying, who are hemming you in. It is not the men who have been excited against you and rendered hostile to you by your own decrees and edicts. Malleolus is brought forward by me and his mother and his grandmother, who, unfortunate, and weeping, say that their boy has been stripped by you of his father's property.

What are you waiting for? till poor Malleolus rises from the shades below, and demands of you an account of your discharge of the duties of a guardian, of a comrade, of an intimate friend? Fancy that he is present himself, O most avaricious and most licentious man, restore the property of your comrade to his son; if not all you have robbed him of, at least that which you have confessed that you received. Why do you compel the son of your comrade to utter his first words in the forum with the voice of indignation and complaint? Why do you compel the wife of your comrade, the mother-in-law of your comrade, in short, the whole family of your dead comrade, to hear evidence against you? Why do you compel most modest and admirable women to come against their wont and against their will into so great an assembly of men? Recite the evidence of them all. [The evidence of the mother and grandmother is read.]

But how he as proquaestor harassed the republic of the Milyades, how he oppressed Lycia, Pamphylia, Piscidia, and all Phrygia, in his levying corn from them, and valuing it according to that valuation of his which he then devised for the first time, it is not necessary for me now to relate, know this much, that these articles (and all such matters were transacted through his instrumentality, while he levied on the cities corn, hides, hair-cloth, sacks, but did not receive the goods but exacted money instead of them),—for these articles alone damages were laid in the action against Dolabella, at three millions of sesterces. And all these things even if they were done with the consent of Dolabella, were yet all accomplished through the instrumentality of that man.

I will pause on one article, for many are of the same sort. Recite. “Money received from the actions against Cnaeus Dolabella, praetor of the Roman people, that which was received from the State of the Milyades...” I say that you collected this money, that you made this valuation, that the money was paid to you; and I prove that you went through every part of the province with the same violence and injustice, when you were collecting most enormous sums, like some disastrous tempest or pestilence.

Therefore Marcus Scaurus, who accused Cnaeus Dolabella, held him under his power and in subjection. Being a young man, when in prosecuting his inquiries he ascertained the numerous robberies and iniquities of that man, he acted skillfully and warily. He showed him a huge volume full of his exploits; he got from the fellow all he wanted against Dolabella. He brought him forward as a witness; the fellow said everything which he thought the accuser wished him to say.

And of that class of witnesses, men who were accomplices in his robberies, I might have had a great plenty if I had chosen to employ them; who offered of their own accord to go wherever I chose, in order to deliver themselves from the danger of actions, and from a connection with his crimes. I rejected the voluntary offers of all of them. There was not only no room for a traitor, there was none even for a deserter in my camp. Perhaps they are to be considered better accusers than I, who do all these things; but I wish the defender of others to be praised in my person, not the accuser. He does not dare bring in his accounts to the treasury before Dolabella is condemned. He prevails on the senate to grant him an adjournment; because he said that his account-books had been sealed up by the accusers of Dolabella; just as if he had not the power of copying them. This man is the only man who never renders accounts to the treasury. You have heard the accounts of his quaestorship rendered in three lines; but no accounts of his lieutenancy, till he was condemned and banished who alone could detect any error in them. The accounts of his praetorship, which, according to the decree of the senate, he ought to have rendered immediately on leaving office, he has not rendered to this very day.

He said that he was waiting for the quaestors to appear in the senate; just as if a praetor could not give in his accounts without the quaestor, in the same way as the quaestor does without the praetor, (as you did, Hortensius, and as all have done.) He said that Dolabella obtained the same permission. The omen pleased the conscript fathers rather than the excuse; they admitted it. But now the quaestors have arrived some time. Why have you not rendered them now? Among the accounts of that infamous lieutenancy and pro-quaestorship of yours, those items occur which are necessarily set down also in the accounts of Dolabella. (An extract is read of the account of the damages assessed against Dolabella, praetor of the Roman people, for money received.) Hottomann makes sure that there is some corruption of the MS. here, and Graevius agrees with him. “The whole passage is very obscure and the more difficult because we are not acquainted with the forms of proceeding which were followed against magistrates convicted of extortion. It is not clear, as far as appears from Cicero's speech, that, though there was a discrepancy between the accounts of Verres and that of Dolabella, the fault was necessarily in the accounts of Verres; especially as Dolabella had been justly convicted of extortion and malversation already. Undoubtedly Cicero produced witnesses who assisted to put the case in the point of view in which he wished it to be looked at.”—Desmenorius.

The sum which Dolabella entered to Verres as having been received from him, is less than the sum which Verres has entered as having been paid to him by four hundred and thirty-five thousand sesterces. The sum which Dolabella made out that Verres received less than he has put down in his account-books, is two hundred and thirty-two thousand sesterces. Dolabella also made out that on account of corn he had received one million and eight hundred thousand sesterces; as to which you, O most incorruptible man, had quite a different entry in your account-books. Hence it is that those extraordinary gains of yours have accumulated, which we are examining into without any guide, article by article as we can;—hence the account with Quintus and Cnaeus Postumus Curtius, made up of many items; of which that fellow has not one in his account-books;—hence the fourteen hundred thousand sesterces paid to Publius Tadius at Athens, as I will prove by witnesses;—hence the praetorship, openly purchased; unless indeed that also is doubtful, how that man became praetor.

Oh, he was a man, indeed, of tried industry and energy, or else of a splendid reputation for economy, or perhaps, which is however of the least importance, for his constant attendance at our assemblies;—a man who had lived before his quaestorship with prostitutes and pimps; who had passed his quaestorship you yourselves know how;—who, since that infamous quaestorship, has scarcely been three days in Rome: who, while absent, has not been out of sight, but has been the common topic of conversation for every one on account of his countless iniquities. He, on a sudden, the moment he came to Rome, is made praetor for nothing! Besides that, other money was paid to buy off accusations. To whom it was paid is, I think, nothing to me; nothing to the matter in hand. That it was paid was at the time notorious to every one while the occurrence was recent.

O you most foolish, most senseless man, when you were making up your accounts, and when you wanted to shirk out of the charge of having made extraordinary gains, did you think that you would escape sufficiently from all suspicion, if when you lent men money you did not enter any sums as given to them, and put down no such item at all in your account-books, while the Curtii were giving you credit in their books for all that had been received? What good did it do you that you had not put down what was paid to them? Did you think you were going to try your cause by the production of no other account-books than your own?

However, let us now come to that splendid praetorship and to those crimes which are better known to those who are here present, than even to us who come prepared to speak after long consideration. In dealing with which, I do not doubt that I may not be able to avoid and escape from some blame on the ground of negligence. For many will say, “He said nothing of the transaction at which I was present; he never touched upon that injury which was done to me, or to my friend, transactions at which I was present.” To all those who are acquainted with the wrongs this man has done—that is, to the whole Roman people—I earnestly wish to make this excuse, that it will not be out of carelessness that I shall pass over many things, but because I wish to reserve some points till I produce the witnesses, and because I think it necessary to omit some altogether with a view to brevity, and to the time my speech must take. I will confess too, though against my will, that, as he never allowed any moment of time to pass free from crime, I have not been able to ascertain fully every iniquity which has been committed by him. Therefore I beg you to listen to me with respect to the crimes of his praetorship, expecting only to hear those mentioned, both in the matters of deciding law-suits and of insisting on the repair of public buildings, which are thoroughly worthy of a criminal whom it is not worth while to accuse of any small or ordinary offences.

For when he was made praetor, leaving the house of Chelidon after having taken the auspices, he drew the lot of the city province, more in accordance with his own inclination and that of Chelidon, than with the wish of the Roman people. And observe how he behaved at the very outset,—what his intentions were as shown “After the praetors were appointed, before they entered on the discharge of their duties as judges, they were in the habit of issuing an edict, setting forth the principles which they intended should govern their decisions; and they used to do this in the public assembly after they had taken the oath to observe the law.”—Hottoman. in his first edict. Publius Annius Asellus died while Caius Sacerdos was praetor. As he had an only daughter, and as he was not included in the census, “By the lex Voconia it was enacted, that no person who should be included in the census, after the census of that year, BC 169, should make any female his heir. Cicero does not state that the Lex fixed the census at any sum; but it appears from other writers that a woman could not be made haeres by any person who was rated in the census at a hundred thousand sesterces. The Lex only applied to girls, and therefore a daughter or other female could inherit ab intestato to any amount. The Vestal virgins could make women their haeredes in all cases, which was the only exception to the provisions of the law. If the terms of the law are correctly reported by Cicero, a person who was not census might make a woman his haeres whatever was the amount of his property. Still there is a difficulty about the meaning of census. If it is taken to mean that a person whose property was above a hundred thousand sesterces, and who was not included in the census, could dispose of his property as he pleased by will, the purpose of the law would be frustrated and further, the “not being included in the census” (neque census esset) seems rather vague. Another provision of the law, mentioned by Cicero, forbade a person who was census to give more in amount in the form of a legacy or a donatio mortis causu to any person than the haeres or haeredes should take.”—Smith, Dict. Ant. p. 1059, v. Voconia Lex, with especial reference to this passage. he did what nature prompted, and what no law forbade,—he appointed his daughter heiress of all his property. His daughter was his heiress. Everything made for the orphan; the equity of the law, the wish of the father, the edicts of the praetors, the usage of the law which existed at the time that Asellus died.