In C. Verrem

Cicero, Marcus Tullius

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

Here you, perhaps, will take care that I do not remit one hour of the time allowed me by law. If I do not employ the whole time which is allowed me by law, you will complain; you will invoke the faith of gods and men, calling them to witness how Caius Verres is circumvented because the prosecutor will not speak as long as he is allowed to speak by the law. What the law gives me for my own sake, may I not be allowed to forbear using? For the time for stating the accusation is given me for my own sake, that I may be able to unfold my charges and the whole cause in my speech. If I do not use it all, I do you no injury, but I give up something of my own right and advantage. You injure me, says he, for the cause ought to be thoroughly investigated. Certainly, for otherwise a defendant cannot be condemned, however guilty he may be. Were you, then, indignant that anything should be done by me to make it less easy for him to be condemned? For if the cause be understood, many men may be acquitted; if it be not understood, no one can be condemned.

I injure him, it seems, for I take away the right of adjournment. The most vexatious thing that the law has in it, the allowing a cause to be twice pleaded, has either been instituted for my sake rather than for yours, or, at all events, not more for your sake than for mine. For if to speak twice be an advantage, certainly it is an advantage which is common to both If there is a necessity that he who has spoken last should be refuted, then it is for the sake of the prosecutor that the he has been established that there should be a second discussion. But, as I imagine, Glaucia first proposed the law that the defendant might have an adjournment; before that time the decision might either be given at once, or the judges might take time to consider. Which law, then, do you think the mildest? I think that ancient one, by which a man might either be acquitted quickly, or condemned after deliberation. I restore you that law of Acilius, according to which many men who have only been accused once, whose cause has only been pleaded once, in whose case witnesses have only been heard once, have been condemned on charges by no means so clearly proved, nor so flagitious as those on which you are convicted. Think that you are pleading your cause, not according to that severe law, but according to that most merciful one. I will accuse you; you shall reply. Having produced my witnesses, I will lay the whole matter before the bench in such a way, that even if the law gave them a power of adjournment, yet they shall think it discreditable to themselves not to decide at the first hearing.

But if it be necessary for the cause to be thoroughly investigated, has this one been investigated but superficially? Are we keeping back anything, O Hortensius, a trick which we have often seen practiced in pleading? Who ever attends much to the advocate in this sort of action, in which anything is said to have been carried off and stolen by any one? Is not all the expectation of the judges fixed on the documents or on the witnesses? I said in the first pleading that I would make it plain that Caius Verres had carried off four hundred thousand sesterces contrary to the law. What ought I to have said? Should I have pleaded more plainly if I had related the whole affair thus?—There was a certain man of Halesa, named Dio, who, when a great inheritance had come to his son from a relation while Sacerdos was praetor, had at the time no trouble nor dispute about it. Verres, as soon as he arrived in the province, immediately wrote letters from Messana; he summoned Dio before him, he procured false witnesses from among his own friends to say that that inheritance had been forfeited to Venus Erycina. He announced that he himself would take cognisance of that matter.

I can detail to you the whole affair in regular order, and at last tell you what the result was, namely, that Dio paid a million of sesterces, in order to prevail in a cause of most undeniable justice, besides that Verres had his herds of mares driven away, and all his plate and embroidered vestments carried off. But neither while I was so relating these things, nor while you were denying them, would our speeches be of any great importance. At what time then would the judge prick up his ears and begin to strain his attention? When Dio himself came forward, and the others who had at that time been engaged in Sicily on Dio's business, when, at the very time when Dio was pleading his cause, he was proved to have borrowed money, to have galled in all that was owing to him, to have sold farms; when the accounts of respectable men were produced, when they who had supplied Dio with money said that they had heard at the time that the money was taken on purpose to be given to Verres; when the friends, and connections, and patrons of Dio, most honourable men, said that they had heard the same thing.

Then, when this was going on, you would, I suppose, attend as you did attend. Then the cause would seem to be going on. Everything was managed by me in the former pleading so that among all the charges there was not one in which any one of you desired an uninterrupted statement of the case. I deny that anything was said by the witnesses which was either obscure to any one of you, or which required the eloquence of any orator to set it off. In truth, you must recollect that I conducted the case in this way; I set forth and detailed the whole charge at the time of the examination of witnesses, so that as soon as I had explained the whole affair, I then immediately examined the witnesses. And by that means, not only you, who have to judge, are in possession of our charges, but also the Roman people became acquainted with the whole accusation and the whole cause: although I am speaking of my own conduct as if I had done so of my own will rather than because I was induced to do so by any injustice of yours.

But you interposed another accuser, who, when I had only demanded a hundred and ten days to prosecute my inquiries in Sicily, demanded a hundred and eight for himself to go for a similar purpose into Achaia. When you had deprived me of the three months most suitable for conducting my cause, you thought that I would give you up the remainder of the year, so that, when he had employed the time allowed to me, you, O Hortensius, after the interruption of two festivals, might make your reply forty days afterwards; and then, that the time might be so spun out, that we might come from Marius Glabrio, the praetor, and from the greater part of these judges, to another praetor, and other judges.

If I had not seen this—if every one, both acquaintances and strangers, had not warned me that the object which they were driving at, which they were contriving, for which they were striving, was to cause the matter to be delayed to that time—I suppose, if I had chosen to spend all the time allowed me in stating the accusation, I should be under apprehensions that I should not have charges enough to bring, that subjects for a speech would be wanting to me, that my voice and strength would fail me, that I should not be able to accuse twice a man whom no one had dared to defend at the first pleading of the cause. I made my conduct appear reasonable both to the judges and also to the Roman people. There is no one who thinks that their injustice and impudence could have been opposed by any other means. Indeed, how great would have been my folly, if, though I might have avoided it, I had allowed matters to come on on the day which they who had undertaken to deliver him from justice provided for in their undertaking, when they gave their undertaking to deliver him in these words—“If the trial took place on or after the first of January?”

Now I must provide for the careful management of the time which is allowed me for making a speech, since I am determined to state the whole case most fully. Therefore I will pass by that first act of his life, most infamous and most wicked as it was. He shall hear nothing from me of the vices and offences of his childhood, nothing about his most dissolute youth: how that youth was spent, you either remember, or else you can recognise it in the son whom he has brought up to be so like himself: I will pass over everything which appears shameful to be mentioned; and I will consider not only what that fellow ought to have said of himself, but also what it becomes me to say. Do you, I entreat you, permit this, and grant to my modesty, that it may be allowed to pass over in silence some portion of his shamelessness.

At that time which passed before he came into office and became a public character, he may have free and untouched as far as I am concerned. Nothing shall be said of his drunken nocturnal revels; no mention shall be made of his pimps, and dicers, and panders; his losses at play, and the licentious transactions which the estate of his father and his own age prompted him to shall be passed over in silence. He may have lived in all infamy at that time with impunity, as far as I am concerned; the rest of his life has been such that I can well afford to put up with the loss of not mentioning those enormities.

You were quaestors to Cnaeus Papirius the consul fourteen years ago. All that you have done from that day to this day I bring before the court. Not one hour will be found free from theft, from wickedness, from cruelty, from atrocity. These years have been passed by you in the quaestorship, and in the lieutenancy in Asia, and in the city praetorship, and in the Sicilian praetorship. On which account a division of my whole action will also be made into four parts. As quaestor you received our province by lot, according to the decree of the senate. A consular province fell to your lot, so that you were with Cnaeus Carbo, the consul, and had that province. There was at that time dissension among the citizens: and in that I am not going to say anything as to what part you ought to have taken. This only do I say, that at such a time as that you ought to have made up your mind which side you would take and which party you would espouse. Carbo was very indignant that there had fallen to his lot as his quaestor a man of such notorious luxury and indolence. But he loaded him with all sorts of kindnesses. Not to dwell too long on this; money was voted, was paid;[*](By vote or the money was voted to the tribuni aerarii, and was paid by them to the quaestor, to be paid by him to the army.) he went as quaestor to the province; he came into Gaul, where he had been for some time expected, to the army of the consul with the money. At the very first opportunity that offered, (take notice of the principle on which the man discharged the duties of his offices, and administered the affairs of the republic,) the quaestor, having embezzled the public money, deserted the consul, the army, and his allotted province.

I see what I have done; he rouses himself up; he hopes that, in the instance of this charge, some breeze may be wafted this way of good will and approbation for those men to him the name of Cnaeus Carbo, though dead, is unwelcome, and to whom he hopes that that desertion and betrayal of his consul will prove acceptable. As if he had done it from any desire to take the part of the nobility, or from any party zeal, and had not rather openly pillaged the consul, the army and the province, and then, because of this most impudent theft, had run away. For such an action as that is obscure, and such that one may suspect that Caius Verres, because he could not bear new men, passed over to the nobility, that is, to his own party, and that he did nothing from consideration of money.

Let us see how he gave in his accounts; now he himself will show why he left Cnaeus Carbo; now he himself will show what he is. First of all take notice of their brevity—“I received,” says he, “two million two hundred and thirty-five thousand four hundred and seventeen sesterces; I spent, for pay to the soldiers, for corn, for the lieutenants, for the pro-quaestor, for the praetorian cohort, sixteen hundred and thirty-five thousand four hundred and seventeen sesterces; I left at Ariminum six hundred thousand sesterces.” Is this giving in accounts? Did either I, or you, O Hortensius, or any man ever give in his accounts in this manner? What does this mean? what impudence it is! what audacity! What precedent is there of any such in all the number of accounts that have ever been rendered by public officers? And yet these six hundred thousand sesterces, as to which he could not even devise a false account of whom he had paid them to, and which he said he had left at Ariminum,—these six hundred thousand sesterces which he had in hand, Carbo never touched, Sulla never saved them, nor were these ever brought into the treasury. He selected Ariminum as the town, because at the time when he was giving in his accounts, it had been taken and plundered.[*](Ariminum had been betrayed by Albinovanus, Marius's lieutenant, to Sulla.) He did not suspect, what he shall now find out, that plenty of the Ariminians were left to us after that disaster as witnesses to that point. Read now—

“Accounts rendered to Publius Lentulus, and Lucius Triarius, quaestors of the city.” Read on—“According to the decree of the senate.” In order to be allowed to give in accounts in such a manner as this, he became one of Sulla's party in an instant, and not for the sake of contributing to the restoration of honour and dignity to the nobility. Even if you had deserted empty-handed, still your desertion would be decided to be wicked, your betrayal of your consul, infamous. Oh, Cnaeus Carbo was a bad citizen, a scandalous consul, a seditious man. He may have been so to others: when did he begin to be so to you? After he entrusted to you the money, the supplying of corn, all his accounts, and his army; for if he had displeased you before that, you would have done the same as Marcus Piso did the year after. When he had fallen by lot to Lucius Scipio, as consul, he never touched the money, he never joined the army at all. The opinions he embraced concerning the republic he embraced so as to do no violence to his own good faith, to the customs of our ancestors, nor to the obligations imposed on him by the lot which he had drawn.

In truth, if we wish to disturb all these things, and to throw them into confusion, we shall render life full of danger, intrigue, and enmity; if such allurements are to have no scruples to protect them; if the connection between men in prosperous and doubtful fortunes is to cause no friendship; if the customs and principles of our ancestors are to have no authority. He is the common enemy of all men who has once been the enemy of his own connections. No wise man ever thought that a traitor was to be trusted; Sulla himself, to whom the arrival of the fellow ought to have been most acceptable, removed him from himself and from his army: he ordered him to remain at Beneventum, among those men whom he believed to be exceedingly friendly to his party, where he could do no harm to his cause and could have no influence on the termination of the war. Afterwards, indeed, he rewarded him liberally; he allowed him to seize some estates of men who had been proscribed lying in the territory of Beneventum; he loaded him with honour as a traitor; he put no confidence in him as a friend.

Now, although there are men who hate Cnaeus Carbo, though dead, yet they ought to think, not what they were glad to have happen, but what they themselves would have to fear in a similar case. This is a misfortune common to many a cause for alarm, and a danger common to many. There are no intrigues more difficult to guard against than those which are concealed under a pretence of duty, or under the name of some intimate connection. For you can easily avoid one who is openly an adversary, by guarding against him; but this secret, internal, and domestic evil not only exists, but even overwhelms you before you can foresee it or examine into it. Is it not so?

When you were sent as quaestor to the army, not only as guardian of the money, but also of the consul; when you were the sharer in all his business and of all his counsels, when you were considered by him as one of his own children, according to the tenor of the principles of our ancestors; could you on a sudden leave him? desert him? pass over to the enemy? O wickedness! O monster to be banished to the very end of the world! For that nature which has committed such an atrocity as this cannot be contented with this one crime alone. It must be always contriving something of this sort; it must be occupied in similar audacity and perfidy.

Therefore, that same fellow whom Cnaeus Dolabella afterwards, when Caius Malleolus had been slain, had for his quaestor, (I know not whether this connection was not even a closer one than the connection with Carbo, and whether the consideration of his having been voluntarily chosen is not stronger than that of his having been chosen by lot,) behaved to Cnaeus Dolabella in the same manner as he had behaved in to Cnaeus Carbo. For, the charges which properly touched himself, he transferred to his shoulders; and gave information of everything connected with his cause to his enemies and accusers. He himself gave most hostile and most infamous evidence against the man to whom he had been lieutenant and pro-quaestor. Dolabella, unfortunate as he was, through his abominable betrayal, through his infamous and false testimony, was injured far more than by either, by the odium created by that fellow's own thefts and atrocities.

What can you do with such a man? or what hope can you allow so perfidious, so ill-omened an animal to entertain? One who despised and trampled on the lot which bound him to Cnaeus Carbo, the choice which connected him with Cnaeus Dolabella, and not only deserted them both, but also betrayed and attacked them. Do not, I beg of you, O judges, judge of his crimes by the brevity of my speech rather than by the magnitude of the actions themselves. For I am forced to make haste in order to have time to set before you all the things which I have resolved to relate to you. Wherefore, now that his quaestorship has been put before you, saw that the dishonesty and wickedness of his first conduct in his first office has been thoroughly seen, listen, I pray you, to the remainder.

And in this I will pass over that period of proscription and rapine which took place under Sulla; nor will I allow him to derive any argument for his own defence from that time of common calamity to all men. I will accuse him of nothing but his own peculiar and well-proved crimes. Therefore, omitting all mention of the time of Sulla from the accusation, consider that splendid lieutenancy of his. After Cilicia was appointed to Cnaeus Dolabella as his province, O ye immortal gods! with what covetousness, with what incessant applications, did he force from him that lieutenancy for himself, which was indeed the beginning of the greatest calamity to Dolabella. For as he proceeded on his journey to the province, wherever he went his conduct was such, that it was not some lieutenant of the Roman people, but rather some calamity that seemed to be going through the country.

In Achaia, (I will omit all minor things, to some of which perhaps some one else may some time or other have done something like; I will mention nothing except what is unprecedented, nothing except what would appear incredible, if it were alleged against any other criminal,) he demanded money from a Sicyonian magistrate. Do not let this be considered a crime in Verres; others have done the tame. When he could not give it, he punished him; a scandalous, but still not an unheard-of act. Listen to the sort of punishment; you will ask, of what race of men you are to think him a specimen. He ordered a fire to be made of green and damp wood in a narrow place. There he left a free man, a noble in his own country, an ally and friend of the Roman people, tortured with smoke, half dead.