However, I give up this point too to you. Disregard what is past, if you please; but do not destroy their hopes for the future, and ruin all the provinces; guard against this,—against opening, by your authority, a visible and broad way for avarice, which up to this time has been in the habit of advancing by secret and narrow paths; for if you approve of this, and if you decide that it is lawful for money to be taken on that pretext, at all events there is no one except the most foolish of men who will not for the future do what as yet no one except the most dishonest of men ever has done; they are dishonest men who exact money contrary to the laws, they are fools who omit to do what it has been decided that they may do.

In the next place, see, O judges, what a boundless licence for plundering people of money you will he giving to men. If the man who exacts three denarii is acquitted, some one else will exact four, five, presently ten, or even twenty. What reproof will he meet with? At what degree of injury will the severity of the judge first begin to make a stand? How many denarii will it be that will be quite intolerable? and at what point will the iniquity and dishonesty of the valuation be first arraigned? For it is not the amount, but the description of valuation that will be approved of by you. Nor can you decide in this manner, that it is lawful for a valuation to be made when the price fixed is three denarii, but not lawful when the price fixed is ten; for when a departure is once made from the standard of the market price, and when the affair is once so changed that it is not the advantage of the cultivators which is the rule, but the will of the praetor, then the manner of valuing no longer depends on law and duty, but on the caprice and avarice of men. Wherefore, if in giving your decisions you once pass over the boundary of equity and law, know that you impose on those who come after no limit to dishonesty and avarice in valuing.

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.

THE FOURTH BOOK OF THE SECOND PLEADING IN THE PROSECUTION OF VERRES.ABOUT THE STATUES

THE ARGUMENT

The subject of this oration is the manner in which Verres had plundered not only private individuals, but even some temples, of valuable statues, and other works of art. Among the instances given some of the most prominent are the plunder of Heius, a Messanian, of Philarchus, of Centuripa, of several other private citizens, of Antiochus, the king; and of the temples of Diana, Mercury, and Ceres. A French translator in commenting on this oration says, with reference to the slighting way in which Cicero speaks of the works of art thus stolen,—“The Romans struggled for some time against the seductive power of the arts of Greece, to which for many ages they were strangers. At first they really did despise them, afterwards they affected to despise them, but at last they were forced to bow the head beneath the brilliant yoke of luxury; and Greece, industrious, learned, and polite, subdued by the admiration which it extorted, the ignorant, unlettered, and rude barbarians who had conquered her by force. Faithful to the ancient maxims of the republic, Cicero in this oration speaks only with a sort of disdain of the arts and works of the most famous artists. He even pretends sometimes not to be too well acquainted with the names of the most celebrated statuaries; he often repeats, and with a kind of affectation, that he knows very little of painting or sculpture; and rather prides himself, as one may say, on his ignorance. He seems to regard a taste for art as unworthy of the Romans, and the finest chefs d' oeuvre as children's toys, fit to amuse the trifling and frivolous minds of the Greeks, whose name he usually expresses by a contemptuous diminutive, (Graeculi,) but little calculated to fix the attention, or attract the esteem or wishes of a Roman mind. ******

In general there runs through these orations a tone more calculated to render Verres ridiculous, than to make one feel how much there was in all his attempts which was odious and horrible. The orator even permitted himself some pleasantries, for which his taste has been, perhaps too severely, called in question. Cicero had no dislike to puns, and has played a good deal on the name of Verres, which means a boar. He was too eager to acquire the reputation of a wit. It is true that the person of Verres was sufficiently inviting as a subject for ridicule. He was one of those gross men overloaded with fat in whom the bulk of body appears to stifle all delicacy of moral feeling. As he had tried to carry off a statue of Hercules which his people could with difficulty move upon its pedestal, Cicero calls this the thirteenth of the labours of Hercules. And playing continually on the name of Verres, he compares him to the boar of Erymanthus. At another time he calls him the dragnet of Sicily, because the name Verres has some resemblance to the word everriculum, which signifies a dragnet.”

Hortensius endeavoured to defend Verres from the charge of having stolen these statues, &c. of which he admits that he had become the possessor, by contending that he had bought them. But it was contrary to the laws for a magistrate to purchase any such articles in his province; and Cicero shows also that the prices alleged to have been given are so wholly disproportionate to their value, that it is ridiculous to assert that the things had been purchased and not taken by force.

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.