In C. Verrem

Cicero, Marcus Tullius

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

When this news was brought to him, he for a while was alarmed and agitated; he turned the blunt end of his pen [*](To turn the pen was to erase what had been written “At one end the stilus was sharpened to a point for scratching the characters on the wax, while the other end, being fat and circular served to render the surface of the tablets smooth again, and so to obliterate what had been written. Thus vertere stilum means to erase, and hence to correct”—Smith, Dict. Ant. in v. ...) on to his tablets, and by so doing he overturned the whole of his cause. For he left himself nothing which could be defended by any means whatever. For if he were to urge in his defence, “It is lawful to take a charge against an absent man, no law forbids this being done in a province,” he would seem to be putting forth a faulty and worthless defence, but still it would be some sort of a defence. Lastly, he might employ that most desperate refuge, of saying, that he had acted ignorantly; that he had thought that it was lawful. And although this is the worst defence of all, still he would seem to have said something. He erases that from his tablets which he had put down, and enters “that the charge was brought against Sthenius while he was present.”

Here consider in how many toils he involved himself; from which he could never disentangle himself. In the first place, he had often and openly declared himself in Sicily from his tribunal, and had asserted to many people in private conversation, that it was lawful to take a charge against an absent man; that he, for example, had done so himself—which he had. That he was in the habit of constantly saying this, was stated at the former pleading by Sextus Pompeius Chlorus, a man of whose virtue I have before spoken highly; and by Cnaeus Pompeius Theodorus, a man approved of by the judgment of that most illustrious man Cnaeus Pompeius in many most important affairs, and, by universal consent, a most accomplished person; and by Posides Matro of Solentum, a man of the highest rank, of the greatest reputation and virtue. And as many as you please will tell you the same thing at this present trial, both men who have heard it from his own mouth,—some of the leading men of our order,—and others too who were present when the accusation was taken against Sthenius in his absence. Moreover at Rome, when the matter was discussed in the senate, all his friends, and among them his own father, defended him on the ground of its being lawful so to act;—of its having been done constantly;—of his having done what he had done according to the example and established precedent of others.

Besides, all Sicily gives evidence of the fact which in the common petitions of all the states has prescribed this request to the consuls, “to beg and entreat of the conscript fathers, not to allow charges to be received against the absent.” Concerning which matter you heard Cnaeus Lentulus, the advocate of Sicily, and a most admirable young man, say, that the Sicilians, when they were instructing him in their case, and pointing out to him what matters were to be urged in their behalf before the senate, complained much of this misfortune of Sthenius, and on account of this injustice which had been done to Sthenius, resolved to make this demand which I have mentioned.

And as this is the ease, were you endued with such insanity and audacity, as, in a matter so clear, so thoroughly proved,—made so notorious even by you yourself, to dare to corrupt the public records? But how did you corrupt them? Did you not do it in such a way that, even if we all kept silence, still your own handwriting would be sufficient to condemn you? Give me, it you please, the document. Take it round to the judges; show it to them. Do you not see that the whole of this entry, where he states that the charge was made against Sthenius in his presence, is a correction? What was written there before? What blunder did he correct when he made that erasure? Why, O judges, do you wait for proofs of this charge from us? We say nothing; the books are before you, which cry out themselves that they have been tampered with and amended.

Do you think you can possibly escape out of this business, when we are following you up, not by any uncertain opinion, but by your own traces, which you have left deeply printed and fresh in the public documents? Has he decided, (I should like to know,) without hearing the cause, that Sthenius has tampered with the public documents, who cannot possibly defend himself from the charge of having tampered with the public documents in the case of that very Sthenius?

See now another instance of madness; see how, in trying to acquit himself; he entangles himself still more. He assigns an advocate to Sthenius.—Whom? Any relation or intimate friend? No.—Any citizen, any honourable and noble man of Florence? Not even that.—At least it was some Sicilian, in whom there was some credit and dignity? Far from it.—Whom then did he assign to him? A Roman citizen. Who can approve of this? When Sthenius was the man of the highest rank in his city, a man of most extensive connections, with numberless friends; when, besides, he was of the greatest influence all over Sicily, by his own personal character and popularity; could he find no Sicilian who was willing to be appointed his advocate? Will you approve of this? Did he himself prefer a Roman citizen? Tell me what Sicilian, when he was defendant in any action, ever had a Roman citizen assigned to him as his advocate? Produce the records of all the praetors who preceded Verres; open them. If you find one such instance, I will then admit to you that this was done as you have entered it in your public documents.

Oh but, I suppose, Sthenius thought it honourable to himself for Verres to choose a man for his advocate out of the number of Roman citizens who were his own friends and connections! Whom did he choose? Whose name is written in the records? Caius Claudius, the son of Caius, of the Palatine tribe. I do not ask who this Claudius is; how illustrious, how honourable, how well suited to the business, and deserving that, because of his influence and dignity, Sthenius should abandon the custom of all the Sicilians, and have a Roman citizen for his advocate. I do not ask any of these questions;—for perhaps Sthenius was influenced not by the high position of the man, but by his intimacy with him.—What? What shall we say if there was in the whole world a greater enemy to Sthenius than this very Caius Claudius, both constantly in old times, and especially at this time and in this affair?—if he appeared against him on the charge of tampering with the public documents?—if he opposed him by every means in his power? Which shall we believe,—that an enemy of Sthenius was actually appointed his advocate, or that you, at a time of the greatest danger to Sthenius, made free with the name of his enemy, to ensure his ruin?

And that no one may have any doubt as to the real nature of the whole transaction, although I feel sure that by this time that man's rascality is pretty evident to you all, still listen yet a little longer. Do you see that man with curly hair, of a dark complexion, who is looking at us with such a countenance as shows that he seems to himself a very clever fellow? him, I mean, who has the papers in his hand—who is writing—who is prompting him—who is next to him. That is Caius Claudius, who in Sicily was considered Verres's agent and interpreter, the manager of all his dirty work, a sort of colleague to Timarchides. Now he is promoted so high that he scarcely seems to yield to Apronius in intimacy with him; indeed he called himself the colleague and ally not of Timarchides, but of Verres himself.

Now doubt, if you can, that he chose that man of all the world to impose the worthless character of a false advocate on, whom he knew to be most hostile to Sthenius, and most friendly to himself. And will you hesitate in this case, O judges, to punish such enormous audacity and cruelty and injustice as that of this man? Will you hesitate to follow the example of those judges, who, when they had condemned Cnaeus Dolabella, rescinded the condemnation of Philodamus of Opus, because a charge had been received against him not in his absence, which is of all things the most unjust and the most intolerable, but after a commission had been given him by his fellow-citizens to proceed to Rome as their ambassador? That precedent which the judges, in obedience to the principles of equity, established in a less important cause, will you hesitate to adopt in a cause of the greatest consequence, especially now that it has been established by the authority of others?

But who was it, O Verres, whom you treated with such great, with such unexampled injustice? Against whom did you receive a charge in his absence? Whom did you condemn in his absence; not only without any crime, and without any witness, but even without any accuser? Who was it? O ye immortal gods! I will not say your own friend,—that which is the dearest title among men. I will not say your host,—which is the most holy name. There is nothing in Sthenius's case which I speak of less willingly. The only thing which I find it possible to blame him in is,—that he, a most moderate and upright man, invited you, a man full of adultery, and crime, and wickedness, to his house; that he, who had been and was connected by ties of hospitality with Caius Marius, with Cnaeus Pompeius, with Caius Marcellus, with Lucius Sisenna, your defender, and with other excellent citizens, added your name also to that of those unimpeachable men.

On which account I make no complaint of violated hospitality, and of your abominable wickedness in violating it; I say this not to those who know Sthenius,—that is to say, not to any one of those who have been in Sicily; (for no one who has is ignorant in how great authority he lived in his own city, in what great honour and consideration among all the Sicilians;) but I say it that those, too, who have not been in the province, may be able to understand who he was in whose case you established such a precedent, that both on account of the iniquity of the deed, as well as on account of the rank of the man, it appeared scandalous and intolerable to every one.

Is not Sthenius the man, he who when he had very easily obtained all the honourable offices in his city, executed them with the greatest splendor, and magnificence?—who decorated a town, not itself of the first rank, with most spacious places of public resort, and most splendid monuments, at his own expense?—on account of whose good services towards the state of Thermae, and towards all the Sicilians, a brazen tablet was set up in the senate-house at Thermae; in which mention was made of his services, and engraved at the public expense?—which tablet was torn down under your government, and is now brought hither by me, that all may know the honour in which he was held among his countrymen, and his preeminent dignity.

Is this the man, who when he was accused before that most illustrious man, Cnaeus Pompeius, and when his enemies and accusers charged him, in terms calculated to excite odium against him, rather than true, of having been ill affected to the republic on account of his intimacy and his connections of hospitality with Caius Marius, was acquitted by Cnaeus Pompeius with such language as showed that, from what had come out at that very trial, Cnaeus Pompeius judged him most worthy of his own intimacy? and moreover was defended and extolled by all the Sicilians in such a manner, that Pompeius thought that by his acquittal he had earned, not only the gratitude of the man himself, but that of the whole province? Lastly, is not he the man who had such affection towards the republic, and also such great authority among his fellow-citizens, that he alone in all Sicily, while you were praetor, did what not only no other Sicilian, but what all Sicily even could not do,—namely, prevented you from taking away any statue, any ornament, any sacred vessel, or any public property from Thermae; and that too when there were many remarkable beautiful things there, and though you coveted everything?

See now, what a difference there is between you, in whose name days of festival are kept among the Sicilians, and those splendid Verrean games, are celebrated; to whom gilt statues are erected at Rome, presented by the commonwealth of Sicily, as we see inscribed upon them;—see, I say, what a difference there is between you and this Sicilian, who was condemned by you, the patron of Sicily. Him very many cities of Sicily praise by public resolutions in his favour, by their own evidence, by deputations went hither with that object. You, the patron of all the Sicilians, the solitary state of the Mamertini, the partner of your thefts and crimes, praises publicly; and yet in such a way that, by a new process, the deputies themselves injure your cause, though the deputation praises you. These other states all publicly accuse you, complain of you, impeach you by letters, by deputations, by evidence; and, if you are acquitted, think themselves utterly ruined.

It is in the case of this man and of his property that you have erected a monument of your crimes and cruelty even on Mount Eryx itself; on which is inscribed the name Sthenius of Thermae. I saw a Cupid made of silver, with a torch. What object had you,—what reason was there for employing the plunder of Sthenius on that subject rather than on any other? Did you wish it to be a token of your own cupidity, or a trophy of your friendship and connection of hospitality with him, or a proof of your love towards him? Men, who in their excelling wickedness are pleased not only with their lust and pleasure itself, but also with the fame of their wickedness, do wish to leave in many places the marks and traces of their crimes.

He was burning with love of that hostess for whose sake he had violated the laws of hospitality. He wished that not only to be known, but also to be recorded for ever. And therefore, out of the proceeds of that very action which he had performed, Agathinus being the accuser, he thought that a reward was especially due to Venus, who had caused the prosecution and the whole proceeding. I should think you grateful to the Gods if you had given this gift to Venus, not out of the property of Sthenius, but out of your own, as you ought to have done, especially as an inheritance had come to you from Chelidon that very same year.

On these grounds now, even if I had not undertaken this cause at the request of all the Sicilians; if the whole province had not requested this favour of me; if my affection and love for the republic, and the injury done to the credit of our order and of the courts of justice, had not compelled me to do so; and if this had been my only reason, that you had so cruelly, and wickedly, and abominably treated my friend and connection [*](I have in some instances translated hospes “friend,” and oftener still “connection,” though either word is far from representing adequately the idea of the Latin hospes, because, as modern manners are unacquainted with the usage, modern languages have no word to express it.) Sthenius, to whom I had formed an extraordinary attachment in my quaestorship, of whom I had the highest possible opinion, whom while I was in the province I knew to be most zealous and earnest for my reputation,—I should still think I had plenty of reason to incur the enmity of a most worthless man, in order to defend the safety and fortunes of my friend.

Many men have done the same in the times of our ancestors. Lately, too, that most eminent man Cnaeus Domitius did so, who accused Marcus Silanus, a man of consular rank, on account of the injuries done by him to Egritomarus of the Transalpine country, his friend. I should think it became me to follow the example of their good feeling and regard for their duty; and I should hold out hope to my friends and connections to think that they would live a safer life owing to my protection. But when the cause of Sthenius draws along with it the common calamity of the whole province, and when many of my friends and connections are being defended by me at the same time, both in their public and private interests, I ought not in truth to fear that any one can suppose that I have done what I have in undertaking this cause under the pressure and compulsion of any motive except that of the strictest duty. And that we may at last give up speaking of the investigations made, and the judicial proceedings conducted, and of the decisions given by that man; and as his exploits of that class are countless, let us put some bounds and limits to our speech and accusation. We will take a few cases of another sort.

You have heard Quintus Varius say, that his agents paid that man a hundred and thirty thousand sesterces for a decision in his cause. You recollect that the evidence of Quintus Varius was corroborated, and that this whole affair was proved by the testimony of Caius Sacerdos, a most excellent man. You know that Cnaeus Sertius and Marcus Modius, Roman knights, and that six hundred Roman citizens besides, and many Sicilians, said that they had given that money for decisions in their causes. And why need I dilate upon this accusation when the whole matter is set plainly forth in the evidence? Why should I argue about what no one can doubt? Or will any man in the world doubt that he set up his judicial decisions for sale in Sicily, when at Rome he sold his very edict and all his decrees? and that he received money from the Sicilians in issuing extraordinary decrees, when he actually made a demand on Marcus Octavius Ligur for giving a decision on his cause?

For what method of extorting money did he ever omit? What method did he fail to devise, even if it had escaped the notice of every one else? Was anything in the Sicilian states ever sought to be obtained in which there is any honour, any power, or any authority, that you did not make it a source of your own gain, and sell it to the best bidder? At the former pleading evidence was given of both a public and a private nature; deputies from Centuripa, from Halesa, from Catina, and from Panormus, and from many other cities gave evidence; but now, also, a great many private individuals have been examined, by whose testimony you have ascertained that no one in all Sicily for the space of three years was ever made senator in any city for nothing,—no one by vote, as their laws prescribe,—no one except by his command, or by his letters; and that in the appointment of all these senators, not only were no votes given, but there was not even any consideration of those families from which it was lawful to select men for that body, nor of their income, nor of their age; nor were any other of the Sicilian laws of the slightest influence.