In C. Verrem

Cicero, Marcus Tullius

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

Hence it was that men were found who were even ridiculous in their indignation; some of whom, as you have heard, said that it was not strange that such piggish [*](There is a pun here on the name of Verres, which means a pig, boar: and on the name of Sacerdos, which means also a sacrificing priest.) justice should be worthless. Others were colder; but still, because they were angry they seemed ridiculous, while they execrated Sacerdos who had spared so worthless a boar. And I should hardly mention these things, for they were not extraordinarily witty, nor are they worthy of the gravity of the present subject, if I did not wish you to recollect that his worthlessness and iniquity were constantly in the mouths of the populace, and had become a common proverb.

But shall I first speak of his arrogance towards the Roman people, or his cruelty? Beyond all question, cruelty is the graver and more atrocious crime. Do you think then that these men have forgotten how that fellow was accustomed to beat the common people of Rome with rods? And indeed a tribune of the people touched on that matter in the public assembly, when he produced in the sight of the Roman people the man whom he had beaten with rods. And I will give you the opportunity of taking cognisance of that business at its proper time.

But who is ignorant with what arrogance he behaved? how he disregarded every one of a low condition, how he despised them, how he did not account the poor to be free men at all? Publius Trebonius made many virtuous and honourable men his heirs; and among them his own freedman. He had had a brother, Aulus Trebonius, a proscribed man. As he wished to make provision for him, he put down in his will, that his heirs should take an oath to manage that not less than half of each man's share should come to Aulus Trebonius, that proscribed brother of his. The freedman takes the oath; the other heirs go to Verres, and point out to him that they ought not to take such an oath; that they should be doing what was contrary to the Cornelian law, which forbids a proscribed man to be assisted. They obtain from him authority to refuse the oath. He gives them possession; that I do not find fault with. Certainly it was a scandalous thing for any part of his brother's property to be given to a man who was proscribed and in want. But that freedman thought that he should be committing a wickedness if he did not take the oath in obedience to the will of his patron.

Therefore Verres declares that he will not give him possession of his inheritance, in order that he may not be able to assist his proscribed patron; and also in order that that might serve as a punishment for having obeyed the will of his other patron. You give possession to him who did not take the oath. I admit your right to do so; it is a privilege of the praetor. You take it from him who has taken the oath. According to what precedent? He is aiding a proscribed man. There is a law; there is a punishment established in such a case. What is that to him who is determining the law? Do you blame him because he assisted his patron, who was in distress at the time, or because he attended to the wishes of his other patron, who was dead, from whom he had received the greatest of all benefits? Which of these actions are you blaming? And then that most admirable man, sitting on his curule chair, said this: “Can a freedman be heir to a Roman knight of such great wealth?” O how modest must the class of freedmen be, since he departed from that place alive!

I can produce six hundred decrees in which, even if I were not to allege that money had interrupted justice, still the unprecedented and iniquitous nature of the decrees themselves would prove it. But that by one example you may be able to form your conjectures as to the rest, listen to what you have already heard in the previous pleading. There was a man called Caius Sulpicius Olympus. He died while Caius Sacerdos was praetor. I don't know whether it was not before Verres had begun to announce himself as a candidate for the praetorship. He made Marcus Octavius Ligur his heir. Ligur thus entered upon his inheritance; he took possession while Sacerdos was praetor, without any dispute. After Verres entered on his office, in accordance with his edict, an edict such as Sacerdos had not issued, the daughter of the patron of Sulpicius began to claim from Ligur a sixth part of the inheritance. Ligur was absent. His brother Lucius conducted his cause; his friends and relations were present. That fellow Verres said that, unless the business was settled with the woman, he should order her to take possession. Lucius Gellius defended the cause of Ligur. He showed that his edict ought not to prevail with respect to those inheritances which had accrued to the heirs before his praetorship; that, if this edict had existed at that time, perhaps Ligur would not have entered upon the inheritance at all. This just demand, and the highest authority of influential men, was beaten down by money.

Ligur came to Rome; he did not doubt that, if he himself had seen Verres, he should have been able to move the man by the justice of his cause and by his own influence. He went to him to his house; he explains the whole business; he points out to him how long ago it was that the inheritance had come to him and, as it was easy for an able man to do in a most just cause, he said many things which might have influenced any one. At last he began to entreat him not to despise his influence and scorn his authority to such an extent as to inflict such an injury upon him. The fellow began to accuse Ligur of being so assiduous and so attentive in a business which was adventitious, and only belonging to him by way of inheritance. He said that he ought to have a regard for him also; that he required a great deal himself; that the dogs whom he kept about him required a great deal. I cannot recount those things to you more plainly than you have heard Ligur himself relate them in his evidence.

What are we to say, then, O Verres? Are we not to give credence to even these men as witnesses? Are these things not material to the question before us? Are we not to believe Marcus Octavius? Are we not to believe Lucius Ligur? Who will believe us? Who shall we believe? What is there, O Verres which can ever be made plain by witnesses, if this is not made so? Or is that which they relate a small thing? It is nothing less than the praetor of the city establishing this law as long as he remains in office,—that the praetor ought to be co-heir with all those to whom an inheritance comes. And can we doubt with what language that fellow was accustomed to address the rest of the citizens of an inferior rank, of inferior authority, and of inferior fortune; with what language he was accustomed to address country people from the municipal towns; with what language he was accustomed to address those whom he never thought free men,—I mean, the freedmen; when he did not hesitate to ask Marcus Octavius Ligur, a man of the highest consideration as to position, rank, name, virtue, ability, and influence, for money for deciding in favour of his undoubted lights? And as to how he behaved in the matter of putting the public buildings in proper repair, what shall I say? They have said, who felt it. There are others, too, who are speaking of this.

Notorious and manifest facts have been brought forward, and shall be brought forward again. Caius Fannius, a Roman knight, the brother of Quintus Titinius, one of your judges, has said that he gave you money. Recite the evidence of Caius Fannius. [Read.] Pray do not believe Caius Fannius when he says this; do not believe—you I mean, O Quintus Titinius—do not believe Caius Fannius, your own brother. For he is saying what is incredible. He is accusing Caius Verres of avarice and audacity; vices which appear to meet in any one else rather than in him. Quintus Tadius has said something of the same sort, a most intimate friend of the father of Verres, and not unconnected with his mother, either in family or in name. He has produced his account-books, by which he proves that he had given him money. Recite the particulars of the accounts of Quintus Tadius. [Read.] Recite the evidence of Quintus Tadius. [Read.] Shall we not believe either the account-books of Quintus Tadius, or his evidence? What then shall we follow in coming to our decision? What else is giving all men free licence for every possible sin and crime, if it is not the disbelieving the evidence of the most honourable men, and the account books of honest ones?

For why should I mention the daily conversation and daily complaints of the Roman people?—why that fellow's most impudent theft, I should rather say, his new and unexampled robber? how he dared in the temple of Castor, in that most illustrious and renowned monument, a temple which is placed before the eyes and in the daily view of the Roman people, to which the senate is often summoned, where crowded deliberations on the most momentous affairs take place every day, why should I mention his having dared to leave in that place, in contempt of anything any one can say, an eternal monument of his audacity?

Publius Junius, O judges, had the guardianship, of the temple of Castor. He died in the consulship of Lucius Sulla and Quintus Metellus. He left behind him a young son under age. When Lucius Octavius and Caius Aurelius the consuls had let out contracts for the holy temple, and were not able to examine all the public buildings to see in what repair they were; nor could the praetors to whom that business had been assigned, namely, Caius Sacerdos and Marcus Caesius; a decree of the senate was passed that Caius Verres and Publius Caelius, the praetors should examine into and decide about those public buildings as to which no examination or decision had yet taken place. And after this power was conferred on him, that man, as you have learnt from Caius Fannius and from Quintus Tadius, as he had committed his robberies in every sort of affair without the least disguise and with the greatest effrontery, wished to leave this as a most visible record of his robberies, which we might, not occasionally hear of, but see every day of our lives.

He inquired who was bound to deliver up the temple of Castor in good repair. He knew that Junius himself was dead; he desired to know to whom his property belonged. He hears that his son is under age. The fellow, who had been in the habit of saying openly that boys and girls who were minors were the surest prey for the praetors, said that the thing he had so long wished for had been brought into his bosom. He thought that, in the care of a monument of such vast size, of such laborious finish, however sound and in however thorough a state of repair it might be, he should certainly find something to do, and some excuse for plunder.

The temple of Castor ought to have been entrusted to Lucius Rabonius. He by chance was the guardian of the young Junius by his father's will. An agreement had been made between him and his ward, without any injury to either, in what state it should be given up to him. Verres summons Rabonius to appear before him he asks him whether there is anything which has not been handed over to him by his ward, which might be exacted from him. When he said, as was the case, that the delivery of the temple had been very easy for his ward; that all the statues and presents were in their places, that the temple itself was sound in every part; that fellow began to think it a shameful thing if he was to give up so large a temple and so extensive a work without enriching himself by booty, and especially by booty to be got from a minor.

He comes himself into the temple of Castor; he looks all over the temple; he sees the roof adorned all over with a most splendid ceiling, and all the rest of the building as good as new and quite sound. He ponders; he considers what he can do. Some one of those dogs, of whom he himself had said to Ligur that there were a great number about him, said to him—“You, O Verres, have nothing which you can do here, unless you like to try the pillars by a plumb-line.” The man, utterly ignorant of everything, asks what is the meaning of the expression, “by a plumb-line.” They tell him that there is hardly any pillar which is exactly perpendicular when tried by a plumb-line. “By my truth,” says he, “that is what we must do; let the pillars be tested by a plumb-line.”

Rabonius, like a man who knew the law, in which law the number of the pillars only is set down, but no mention made of a plumb-line, and who did not think it desirable for himself to receive the temple on such terms, lest he should be hereafter expected to hand it over under similar conditions, says that he is not to be treated in that way, and that such an examination has no right to be made. Verres orders Rabonius to be quiet, and at the same time holds out to him some hopes of a partnership with himself in the business. He easily overpowers him, a moderate man, and not at all obstinate in his opinions; and so he adheres to his determination of having the pillars examined.

This unprecedented resolve, and the unexpected calamity of the minor, is immediately reported to Caius Mustius, the step-father of the youth, who is lately dead; to Marcus John Adams, his uncle, and to Publius Potitius, his guardian, a most frugal man. They report the business to a man of the greatest consideration, of the greatest benevolence and virtue, Marcus Marcellus, who was also a guardian of the minor. Marcus Marcellus comes to Verres; he begs of him with many arguments, in the name of his own good faith and diligence in his office, not to endeavour to deprive Junius his ward of his father's fortune by the greatest injustice. Verres, who had already in hope and belief devoured that booty, was neither influenced by the justice of Marcus Marcellus's argument, nor by his authority. And therefore he answered that he should proceed with the examination, according to the orders which he had given.

As they found that or all applications to this man were ineffectual, all access to him difficult, and almost impossible, being, as he was, a man with whom neither right, nor equity, nor mercy, nor the arguments of a relation, nor the wishes of a friend, nor the influence of any one had any weight, they resolve that the best thing which they could do, as indeed might have occurred to any one, was to beg Chelidon for her aid, who, while Verres was praetor, was not only the real judge in all civil law, and in the disputes of all private individuals, but who was supreme also in this affair of the repairs of the public buildings.

Caius Mustius, a Roman knight, a farmer of the revenues, a man of the very highest honour, came to Chelidon. Marcus Junius, the uncle of the youth, a most frugal and temperate man, came to her; a man who shows his regard for his high rank by the greatest honour, and modesty, and attention to his duties. Publius Potitius, his guardian, came to her. Oh that praetorship of yours, bitter to many, miserable, scandalous? To say nothing of other points, with what shame, with what indignation, do you think that such men as these went to the house of a prostitute? men who would have encountered such disgrace on no account, unless the urgency of their duty and of their relationship to the injured youth had compelled them to do so. They came, as I say, to Chelidon. The house was full; new laws, new decrees, new decisions were being solicited: “Let him give me possession.” ... “Do not let him take away from me.”... “Do not let him give sentence against me.”.... “Let him adjudge the property to me.” Some were paying money, some were signing documents. The house was full, not with a prostitute's train, but rather with a crowd seeking audience of the praetor.

As soon as they can get access to her, the men whom I have mentioned go to her. Mustius speaks, he explains the whole affair, he begs for her assistance, he promises money. She answers, considering she was a prostitute, not unreasonably: she says that she will gladly do what they wish, and that she will talk the matter over with Verres carefully; and desires Mustius to come again. Then they depart. The next day they go again. She says that the man cannot be prevailed on, that he says that a vast sum can be made of the business. I am afraid that perhaps some of the people, who were not present at the former pleading, (because these things seem incredible on account of their consummate baseness,) may think that they are invented by me. You, O judges, have known them before.

Publius Potitius, the guardian of the minor Junius, stated them on his oath. So did Marcus Junius, his uncle and guardian. So would Mustius have stated them if he had been alive; but as Mustius cannot, Lucius Domitius stated that while the affair was recent, he heard these things stated by Mustius; and though he knew that I had had the account from Mustius while he was alive, for I was very intimate with him; (and indeed I defended Caius Mustius when he gained that trial which he had about almost the whole of his property ;) though, I say, Lucius Domitius knew that I was aware that Mustius was accustomed to tell him all his affairs, yet he said nothing about Chelidon as long as he could help it; he directed his replies to other points. So great was the modesty of that most eminent young man, of that pattern for the youth of the city, that for some time, though he was pressed by me on that point, he would rather give any answer than mention the name of Chelidon. At first, he said that the friends of Verres had been deputed to mention the subject to him; at last, after a time, being absolutely compelled to do so, he named Chelidon.

Are you not ashamed, O Verres, to have carried on your praetorship according to the will of that woman, whom Lucius Domitius scarcely thought it creditable to him even to mention the name of? Being rejected by Chelidon, they adopt the necessary resolution of undertaking the business themselves. They settle the business, which ought to have come to scarcely forty thousand sesterces, with Rabonius the other guardian, for two hundred thousand. Rabonius reports the fact to Verres; as it seems to him the exaction has been sufficiently enormous and sufficiently shameless. He, who had expected a good deal more, receives Rabonius with harsh language, and says that he cannot satisfy him with such a settlement as that. To cut the matter short, he says that he shall issue contracts for the job.