But to return to that private chapel; there was this statue, which I am speaking of, of Cupid, made of marble. On the other side there was a Hercules, beautifully made of brass; that was said to be the work of Myron, as I believe, and it undoubtedly was so. Also before those gods there were little altars, which might indicate to any one the holiness of the chapel. There were besides two brazen statues, of no very great size, but of marvellous beauty, in the dress and robes of virgins, which with uplifted hands were supporting some sacred vessels which were placed on their heads, after the fashion of the Athenian virgins. They were called the Canephorae, but their maker was.... (who? who was he? thank you, you are quite right,) they called him Polycletus. Whenever any one of our citizens went to Messana, he used to go and see these statues. They were open every day for people to go to see them. The house was not more an ornament to its master, than it was to the city.

Caius Claudius, whose aedileship we know to have been a most splendid affair, used this statue of Cupid, as long as he kept the forum decorated in honour of the immortal gods and the Roman people. And as he was connected by ties of hospitality with the Heii, and was the patron of the Mamertine people,—as he availed himself of their kindness to lend him this, so he was careful to restore it There have lately been noble men of the same kind, O judges;—why do I say lately, Yes, we have seen some very lately, a very little while ago indeed, who have adorned the forum and the public buildings, not with the spoils of the provinces, but with ornaments belonging to their friends,—with splendid things lent by their own connections, not with the produce of the thefts of guilty men,—and who afterwards have restored the statues and decorations, each to its proper owner; men who have not taken things away out of the cities of our allies for the sake of a four-day festival, under presence of the shows to be exhibited in their aedileship, and after that carried them off to their own homes, and their own villas.

All these statues which I have mentioned, O judges, Verres took away from Heius, out of his private chapel. Be left, I say, not one of those things, nor anything else, except one old wooden figure.—Good Fortune, as I believe; that, forsooth, he did not choose to have in his house! Oh! for the good faith of gods and men! What is the meaning of all this? What a cause is this? What impudence is this! The statues which I am speaking of, before they were taken away by you, no commander ever came to Messanawithout seeing So many praetors, so many consuls as there have been in Sicily, in time of peace, and in time of war; so many men of every sort as there have been—I do not speak of upright, innocent, conscientious men, but so many covetous, so many audacious, so many infamous men as there have been, not one of them all was violent enough, or seemed to himself powerful enough or noble enough, to venture to ask for, or to take away, or even to touch anything in that chapel. Shall Verres take away everything which is most beautiful everywhere? Shall it not be allowed to any one besides to have anything? Shall that one house of his contain so many wealthy houses? Was it for this reason that none of his predecessors ever touched these things, that he might be able to carry them off? Was this the reason why Caius Claudius Pulcher restored them, that Caius Verres might be able to steal them? But that Cupid had no wish for the house of a pimp and the establishment of a harlot; he was quite content to stay in that chapel where he was hereditary; he knew that he had been left to Heius by his ancestors, with the rest of the sacred things which he inherited; he did not require the heir of a prostitute.

But why am I borne on so impetuously? I shall in a moment be refuted by one word. “I bought it,” says he. O ye immortal gods, what a splendid defence! we sent a broker into the province with military command and with the forces, to buy up all the statues, all the paintings, all the silver plate and gold plate, and ivory, and jewels, and to leave nothing to any body. For this defence seems to me to be got ready for everything; that he bought them. In the first place, if I should grant to you that which you wish, namely, that you bought them, since against all this class of accusations you are going to use this defence alone, I ask what sort of tribunals you thought that there would be at Rome, if you thought that any one would grant you this, that you in your praetorship and in your command The Latin word is imperium. “Imperium(as opposed to Potestas) is the power which was conferred by the state upon an individual who was appointed to command an army.... The imperiumwas as necessary for the governor of a province, as for a general who merely commanded the armies of the republic; as without it he could not exercise military authority.... It was conferred by a special law, and was limited, if not by the terms in which it was conferred, at least by usage. It could not be held or exercised within the city.”—Smith, Dict. Ant. p. 508, v. Imperium.bought up so many and such valuable things,—everything, in short, which was of any value in the whole province.

Remark the care of our ancestors, who as yet suspected no such conduct as this, but yet provided against the things which might happen in affairs of small importance. They thought that no one who had gone as governor or as lieutenant into a province would be so insane as to buy silver, for that was given him out of the public fends; or raiment, for that was afforded him by the laws; they thought he might buy a slave, a thing which we all use, and which is not provided by the laws. They made a law, therefore, “that no one should buy a slave except in the room of a slave who was dead.” If any slave had died at Rome? No, if any one had died in the place where his master was. For they did not mean you to furnish your house in the province, but to be of use to the province in its necessities.

What was the reason why they so carefully kept us from making purchases in the provinces? This was it, O judges, because they thought it a robbery, not a purchase, when the seller was not allowed to sell on his own terms. And they were aware that, in the provinces, if he who was there with the command and power The Latin word in each case is potestas. “According to Paulus, potestas, as applied to a magistrate, is equivalent to imperium... But potestasis applied to magistrates who had not the imperiumas, for instance, to quaestors and tribunes of the people; and potestasand imperiumare often opposed in Cicero. Thus it seems that potestas, like many other Roman terms, had both a wider signification and a narrower one; in its wider signification it might mean all the power that was delegated to any person by the state, whatever might be the extent of that power; in its narrower signification, it was on the one hand equivalent to imperiumand on the other, it expressed the power of these functionaries who had not the imperium.” Smith, Dict. Ant. p. 727 v. Potestas.of a governor wished to purchase what was in any one's possession, and was allowed to do so, it would come to pass that he would get whatever he chose, whether it was to be sold or not, at whatever price he pleased. Some one will say, “Do not deal with Verres in that manner; do not try and examine his actions by the standard of old-fashioned conscientiousness; allow him to have bought them without being punished for it, provided he bought them in a fair way, not through any arbitrary exercise of power, nor from any one against his will, or by violence.” I will so deal with him. If Heius had anything for sale, if he sold it for the price at which he valued it, I give up inquiring why you bought it.

What then are we to do? Are we to use arguments in a case of this sort? We must ask, I suppose, whether Heius was in debt, whether he had an auction,—if he had, whether he was in such difficulties about money matters, whether he was oppressed by such want, by such necessity, as to strip his private chapel, to sell his paternal gods. But I see that the man had no auction; that he never sold anything except the produce of his land; that he not only had no debts, but that he had always abundance of ready money. Even if all these things were contrary to what I say they were, still I say that he would not have sold things which had been so many years in the household and chapel of his ancestors. “What will you say if he was persuaded by the greatness of the sum given him for them?” It is not probable that a man, rich as he was, honourable as he was, should have preferred money to his own religious feelings and to the memorials of his ancestors.

“That may be, yet men are sometimes led away from their habits and principles by large sums of money.” Let us see, then, how great a sum this was which could turn Heius, a man of exceeding riches, by no means covetous, away from decency, from affection, and from religion. You ordered him, I suppose, to enter in his account books, “All these statues of Praxiteles, of Myron, of Polycletus, were sold to Verres for six thousand five hundred sesterces.” Read the extracts from his accounts— [The accounts of Heius are read.] I am delighted that the illustrious names of these workmen, whom those men extol to the skies, have fallen so low in the estimation of Verres—the Cupid of Praxiteles for sixteen hundred sesterces. From that forsooth has come the proverb “I had rather buy it than ask for it.”

Some one will say, “What! do you value those things at a very high price?” But I am not valuing them according to any calculation of my own, or any need which I have for them; but I think that the matter ought to be looked at by you in this light,—what is the value of these things in the opinion of those men who are judges of these things; at what price they are accustomed to be sold; at what price these very things could be sold, if they were sold openly and freely; lastly, at what price Verres himself values them. For he would never have been so foolish, if he had thought that Cupid worth only four hundred denarii, as to allow himself to be made a subject for the common conversation and general reproach of men.

Who then of you all is ignorant at how great a price these things are valued? Have we not seen at an auction a brazen statue of no great size sold for a hundred and twenty thousand sesterces? What if I were to choose to name men who have bought similar things for no less a price, or even for a higher one? Can I not do so? In truth, the only limit to the valuation of such things is the desire which any one has for them, for it is difficult to set bounds to the price unless you first set bounds to the wish. I see then that Heius was neither led by his inclination, nor by any temporary difficulties, nor by the greatness of the sum given, to sell these statues; and that you, under the presence of purchase which you put forward, in reality seized and took away these things by force, through fear, by your power and authority, from that man, whom, along with the rest of our allies in that country, the Roman people had entrusted not only to your power, but also to your upright exercise of it.

What can there be, judges, so desirable for me in making this charge, as that Heius should say this same thing? Nothing certainly; but let us not wish for what is difficult to be obtained. Heius is a Mamertine. The state of the Mamertines alone, by a common resolution, praises that man in the name of the city. To all the rest of the Sicilians he is an object of hatred; by the Mamertines alone is he liked. But of that deputation which has been sent to utter his praises, Heius is the chief man; in truth, he is the chief man of his city, and too much occupied in discharging the public duties imposed upon him to speak of his private injuries.

Though I was aware of and had given weight to these considerations, still, O judges, I trusted myself to Heius. I produced him at the first pleading; and indeed I did it without any danger, for what answer could Heius give even if he turned out a dishonest man, and unlike himself? Could he say that these statues were at his house, and not with Verres? How could he say anything of that sort? If he were the basest of men, and were inclined to lie most shamelessly, he would say this; that he had had them for sale, and that he had sold them at the price he wanted for them. The man the most noble in all his city, who was especially anxious that you should have a high opinion of his conscientiousness and of his worth, says first, that he spoke in Verres's praise by the public authority of his city, because that commission had been given to him; secondly; that he had not had these things for sale, and that, if he had been allowed to do what he wished, he could never have been induced by any terms to sell those things which were in his private chapel, having been left to him and handed down to him from his ancestors.

Why are you sitting there, O Verres? What are you waiting for? Why do you say that you are hemmed in and overwhelmed by the cities of Centuripa, of Catina, of Halesa, of Tyndaris, of Enna, of Agyrium, and by all the other cities of Sicily? Your second country, as you used to call it, Messanaherself attacks you; your own MessanaI say; the assistant in your crimes, the witness of your lusts, the receiver of your booty and your thefts. For the most honourable man of that city is present, a deputy sent from his home on account of this very trial, the chief actor in the panegyric on you; who praises you by the public order of his city, for so he has been charged and commanded to do. Although you recollect, O judges, what he answered when he was asked about the ship; that it had been built by public labour, at the public expense, and that a Mamertine senator had been appointed by the public authority to superintend its building. Heius in his private capacity flees to you for aid, O judges; he avails himself of this law, the common fortress of our allies, by which this tribunal is established. Although there is a law for recovering money which has been unjustly extorted, he says that he does not seem to recover any money; which though it has been taken from him, he does not so much care about: but he says he does demand back from you the sacred images belonging to his ancestors, he does demand back from you his hereditary household god?

Have you any shame, O Verres? have you any religion? have you any fear, You have lived in Heius's house at Messana; you saw him almost daily performing sacred rites in his private chapel before those gods. He is not influenced by money; he does not even ask to have those things restored which were merely ornaments. Keep the Canephorae; restore the images of the gods. And because he said this, because after a given time he, an ally and friend of the Roman people, addressed his complaints to you in a moderate tone, because he was very attentive to religious obligation not only while demanding back his paternal gods, but also in giving his evidence on oath; know that one of the deputies has been sent back to Messana, that very man who superintended the building of that ship at the public expense, to demand from the senate that Heius should be condemned to an ignominious punishment.