In C. Verrem

Cicero, Marcus Tullius

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

You cannot by any means deny this, unless you are determined to deny everything. The business was transacted openly, in a full assembly, at Syracuse. The whole province is the witness, because men are accustomed to flock together thither from all parts at the sale or the tenths. And whether you confess this, or whether it be proved against you, do you not see in what important and what evident acts you are detected. First of all, it is proved that that business and that booty was yours. For unless it was, why did you prefer that Acronius (who every one was saying was only managing your affairs in the matter of the tenths as your agent) should get the tenths of the Leontine district rather than Quintus Minucius? Secondly, that an enormous and immense profit was made by you. For if you would not have been influenced by thirty thousand modii of wheat, at all events Minucius would willingly have given thus much as a compliment to Apronius, if he had been willing to accept it.

How great then must we suppose the expectation of booty which he entertained to have been, when he despised and scorned such vast present profit: acquired without the slightest trouble. Thirdly, Minucius himself would never have wished to have them at such a price, if you had been selling the tenths according to the Law of Hiero; but because he saw that by your new edicts and most iniquitous resolutions he should get a good deal more than tenths, on that account he advanced higher. But Apronius had always even a good deal more permitted to him than you had announced in your edict. How much gain then can we suppose was made by him to whom everything was permitted; when that man was so willing to add so large a compliment, who would not have had the same licence if he had bought the tenths?

Lastly, unquestionably that defence, under which you have constantly thought that all your thefts and iniquities could be concealed, is cut from under your feet; that you sold the tenths at a high price—that you consulted the interest of the Roman people—that you provided for plenty of provisions. He cannot say this, who cannot deny that he sold the tenths of one district for thirty thousand modii less than he might have done; even if I were to grant you this, that you did not grant them to Minucius because you had already adjudged them to Apronius; for they say that that is what you are in the habit of saying, and I am expecting to hear it, and I wish you would make that defence. But, even if it were so, still you cannot boast of this as a great thing, that you sold the tenths at a high price, when you admit that there were people who were willing to buy them at a much higher price.

The avarice, then, and covetousness of this man, his wickedness, and dishonesty, and audacity, are proved, O judges, are proved most incontestably. What more shall I say What if his own friends and defenders have formed the same opinion that I have? What can you have more? On the arrival of Lucius Metellus the praetor, when Verres had made all his retinue friends of this also by that sovereign medicine of his, money, men applied to Metellus; Apronius was brought before him; his accuser was a man of the highest consideration, Caius Gallius, a senator. He demanded of Metellus to give him a right of action according to the terms of his edict against Apronius, “for having taken away property by force or by fear,” which formula of Octavius, Metellus had both adopted at Rome, and now imported into the province. He does not succeed; as Metellus said that he did not wish by means of such a trial to prejudge the case of Verres himself in a matter affecting his condition as a free citizen. The whole retinue of Metellus, grateful men, stood by Apronius. Caius Gallius, a man of our order, cannot obtain from Lucius Metellus, his most intimate friend, a trial in accordance with his own edict.

I do not blame Metellus; he spared a friend of his—a connection, indeed, as I have heard him say himself. I do not, I say, blame Metellus; but I do marvel how he not only prejudged the case of a man concerning whom he was unwilling that any previous decision should take place by means of judges, but even judged most severely and harshly respecting him. For, in the first place, if he thought that Apronius would be acquitted, there was no reason for his fearing any previous decision. In the second place, if Apronius were condemned, all men were likely to think that the cause of Verres was involved in his; this at all events Metellus did now decide, and he determined that their affairs and their causes were identical, since he determined that, if Apronius were condemned, it would be a prejudging of the case of Verres. And one fact is at the same time a proof of two things; both that the cultivators gave much more than they owed to Apronius because they were constrained by violence and fear; and also, that Apronius was transacting Verres's business in his own name, since Lucius Metellus determined that Apronius could not be condemned without giving a decision at the same time respecting the wickedness and dishonesty of Verres.

I come now to the letter of Timarchides, his freedman and attendant; and when I have spoken of that, I shall have finished the whole of my charge respecting the truth This is the letter, O judges, which we found at Syracuse, in the house of Apronius, where we were looking for letters. It was sent, as it proves itself, on the journey, when Verres had already departed from the province; written by the hand of Timarchides Read the letter of Timarchides: “Timarchides, the officer of Verres, wishes health to Apronius.” Now I do not blame this which he has written, “The officer.” [*](The Latin is accensus. “The accensus was a public officer who attended on several of the Roman magistrates. He anciently preceded the consul, who had not the fasces.... It was his duty to summon the people to the assemblies, and those who had law-suits to court; and also, by command of the consul and praetor, to proclaim the time, when it was the third hour, the sixth, &c. Accensi also attended on the governors of provinces, and were commonly freedmen of the magistrate on whom they attended.”—Smith, Dict. Ant. in voce.) For why should clerks alone assume to themselves this privilege? “Lucius Papirius the clerk,” I should like this signature to be common to all attendants, lictors, and messengers. [*](The Latin is viator. “Viator was a servant who attended upon and executed the commands of certain Roman magistrates, to whom he bore the same relation that the lictor did to other magistrates. The name viator was derived from the circumstance of their being chiefly employed in messages, either to call upon senators to attend the meeting of the senate, or to summon people to the comitia.”—Smith, Dict. Ant. in voce.) “Be sure and be very diligent in everything which concerns the praetor's character.” He recommends Verres to Apronius, and exhorts him to resist his enemies; Your reputation is protected by a very efficient guard, if indeed it depends on the diligence and authority of Apronius. “You have virtue and eloquence.”

How abundantly Apronius is praised by Timarchides! How splendidly! Whom ought I to expect to be otherwise than pleased with that man who is so highly approved by Timarchides? “You have ample funds.” It is quite inevitable that what there was superfluous of the gain you both made by the corn, must have gone chiefly to the man by whose intervention you transacted that business. “Get hold of the new clerks and officers. [*](The Latin is apparitor, which was “the general name for the public servants of the magistrates at Rome,—accensi, carnifex, lictores, scribae, &c. &c. They were called apparitores because they were at hand to execute the commands of the magistrates. Their service or attendance was called apparitio.”—Smith, Dict. Ant. in voce.) —Use every means that offer, in concert with Lucius Vulteius, who has the greatest influence.” See now, what an opinion Timarchides has of his own dishonest cunning, when he gives precepts of dishonesty to Apronius! Now these words, “Use every means in your power ” [*](The Latin is caede, concide. “N.B. caede concide, Cic. proverbially; i.e. use every means in your power "—Riddle's Lat. Dict. in Concido.) —Does not he seem to be drawing words out of his master's house, suited to every sort of iniquity? “I beg, my brother, that you will trust your own little brother,” your comrade, indeed, in gain and robbery, your twin-brother and image in worthlessness, dishonesty, and audacity. “You will be considered dear to the retinue.” What does this mean, “to the retinue?” What has that to do with it? Are you teaching Apronius? What? had he come into this retinue at your prompting, or of his own accord? “Whatever is needful for each man, that employ.” How great, do you suppose, must have been the impudence of that man when in power, who even after his departure is so shameless? He says that everything can be done by money: you must give, waste, and spend, if you wish to gain your cause. Even this, that Timarchides should give this advice to Apronius, is not so offensive to me, as the fact of his also giving it to his patron: “When you press a request, all men gain their objects.”

Yes, while Verres was praetor, not while Sacerdos was, or Peducaeus, or this very Lucius Metellus. “You know that Metellus is a wise man.” But this is really intolerable, that the abilities of that most excellent man, Lucius Metellus, should be laughed at, and despised and scorned by that runaway slave Timarchides. “If you have Vulteius with you, everything will be mere child's play to you.” Here Timarchides is greatly mistaken, in thinking either that Vulteius can be corrupted by money, or that Metellus is going to discharge the duties of his praetorship according to the will of any one man; but he is mistaken by forming his conjectures from his own experience. Because he saw that, through his own intervention and that of others, many men had been able to do whatever they pleased with Verres, without meeting with any difficulty, he thought that there were the same means of access to every one. You did very easily whatever you wanted with Verres, and found it as easy as child's play to do so, because you knew many of the kinds of play in which he indulged. “Metellus and Vulteius have been impressed with the idea that you have ruined the cultivators of the soil.” Who attributed the action to Apronius, when he had ruined any cultivator? or to Timarchides when he had taken money for assigning a trial, or making a decree, or giving any order, or remitting any thing? or to Sextus the lictor, when he, as executioner, had put an innocent man to death? No one. Every body at the time attributed these things to Verres; whom they desire now to see condemned.

“People have dinned into their ears, that you were a partner of the praetor's.” Do you not see how clear the matter both is and was when even Timarchides is afraid of this? Will you not admit that we are not inventing this charge against you, but that your freedman has been this long time seeking some defence against this charge? Your freedman and officer, one most intimate, and indeed connected with you and your children in everything, writes to Apronius, that it is universally pointed out to Metellus that Apronius had been your partner in the tenths. “Make him see the dishonesty of the cultivators: they shall suffer for it, if the gods will.” What, in the name of the immortal gods, is the meaning of that? or on what account can we say that such great and bitter hatred is excited against the cultivators? What injury have the cultivators of the soil done to Verres, that even his freedman and officer should attack them with so inimical a disposition in these letters? And I would not, O judges, have read to you the letter of this runaway slave, if I had not wished you to see from it the precepts, and customs, and system of the whole household. Do you see how he advises Apronius? by what means and by what presents he may insinuate himself into the intimacy of Metellus? how he may corrupt Vulteius? how he may win over with bribes the clerks and the chief officer? He teaches him what he has himself seen done. He teaches a stranger the lessons which he has learnt at home himself. But in this one thing he makes a mistake, that he thinks there is the same road to every one's intimacy.

Although I am deservedly angry with Metellus, still I will say this which is true. Apronius could not corrupt Metellus with bribes, as he had corrupted Verres, nor with banquets, nor with women, nor with debauched and profligate conversation, by which means he had, I will not say crept into that man's friendship slowly and gradually, but had in a very short time got possession of the whole man and his whole retinue. But as for the retinue of Metellus, which he speaks of, what was the use of his corrupting that, when no judges were appointed out of it to judge the causes of the cultivators?

For as for what he writes, that the son of Metellus was a mere boy, he is greatly mistaken. For there is not the same access to the son of every praetor. O Timarchides, the son of Metellus is in the province, not a boy, but a virtuous and modest youth, worthy of his rank and name. How that boy of yours had behaved in the province, I would not say if I thought it the fault of the boy, and not the fault of his father. Did not you, though you knew yourself and your own habits of life, O Verres, take with you your son, still clad in the robes of a boy, into Sicily, so that even if nature had separated the boy from his father's vices and from every resemblance to his family, still habit and training might prevent his degenerating from them?

Suppose there had been in him the disposition of Caius Laelius, of Marcus Cato, still what good could be expected or extracted out of one who has lived in the licentious school of his father in such a way that he has never seen one modest or sober banquet? who since he has grown up has lived in daily revels for three years among immodest women and intemperate men? who has never heard a word from his father by which he might become more modest or more virtuous? who has never seen his father do anything, which, if he had imitated, would not have laid him under the most disgraceful imputation of all, that of being considered like his father?

By which conduct you have done an injury, not only to your son, but also to the republic. For you had begotten children, not for yourself alone, but also for your country; who might not only be a pleasure to you, but who might some day or other be able to be of use to the republic. You ought to have trained and educated them according to the customs of your ancestors, and the established system of the state; not in your crimes, in your infamy. Were he the able, and modest, and upright son of a lazy, and debauched, and worthless father then the republic would have had a valuable present from you. Now you have given to the state another Verres instead of yourself, if, indeed, he is not worse (If that be possible) in this respect,—that you have turned out such as you are without being bred up in the school of a dissolute man, but only under a thief, and a go-between. [*](The Latin is divisor, on which Riddle says, “a decider a distributor. There were also divisores at the comitia, through whom the candidates caused money to be distributed among the tribes, this was a name given by way of reproach, and not that of an office.”)

What can we expect likely to turn out more complete than a person who is by nature your son, by education your pupil, by inclination your copyist? Whom, however, I, O judges, would gladly see turn out a virtuous and gallant man. For I am not influenced by his enmity, if, indeed, there is to be enmity between him and me; for if I am innocent and like myself in everything, how will his enmity hurt me? And if, in any respect, I am like Verres, an enemy will no more be wanting to me than he has been wanting to him. In truth, O judges, the republic ought to be such, and shall be such, being established by the impartiality of the tribunals, that an enemy shall never be wanting to the guilty, and shall never be able to injure the innocent. There is, therefore, no cause why I should not be glad for that son of his to emerge out of his father's vices and infamy. And although it may be difficult, yet I do not know whether it be impossible; especially if (as is at present the case) the guardians placed over him by his friends continue to watch him, since his father is so indifferent to him, and so dissolute.

But my speech has now digressed more than I had intended from the letter of Timarchides: and I said, that when that had been read, I would end all I had to say on the charge connected with the tenths; from which you have clearly seen that an incalculable amount of corn has been for these three years diverted from the republic, and taken illegally from the cultivators. The next thing is, O judges, for me to explain to you the charge about the purchase of corn, a theft very large in amount, and exceedingly shameless. And I entreat you to listen while I briefly lay before you my statements, being both certain, few in number, and important. It was Verres's duty according to a decree of the senate, and according to the law of Terentius and to the law of Cassius about corn, to purchase corn in Sicily. There were two descriptions of purchase,—the one the purchase of the second tenths, the other the purchase of what was furnished in fair proportions by the different cities. Of corn derived from the second tenths the quantity would be as much as had been derived from the first tenths; of corn levied on the cities in this way there would be eight hundred thousand modii. The price fixed for the corn collected as the second tenths was three sesterces a modius; for that furnished in compliance with the levy, four sesterces. Accordingly, for the corn furnished in compliance with the levy, there was paid to Verres each year three million two hundred thousand sesterces, which he was to pay to the cultivators of the soil; and for the second tenths, about nine millions of sesterces. And so, during the three years, there was nearly thirty-six million six hundred thousand sesterces paid to him for this purchase of corn in Sicily.

This enormous sum of money, given to you out of a poor and exhausted treasury; given to you for corn,—that is to say, for what was necessary for the safety and life of the citizens; given to you to be paid to the Sicilian cultivators of the soil, on whom the republic was imposing such great burdens;—this great sum, I say, was so handled by you, that I can prove, if I choose, that you appropriated the whole of this money, and that it all went to your own house. In fact, you managed the whole affair in such a way that this which I say can be proved to the most impartial judge. But I will have a regard for my own authority, I will recollect with what feelings, with what intentions I have undertaken the advocacy of this public cause. I will not deal with you in the spirit of an accuser; I will invent nothing; I do not wish any one to take for proved, while I am speaking, anything of which I myself do not already feel thoroughly convinced.

In the ease of this public money, O judges, there are three kinds of thefts. In the first place, he put it out among the companies from which it had been drawn at twenty-four per cent interest; [*](Towards the close of the republic the interest of money became due on the first of every month; therefore centesimae usurae, which seems to have been reckoned the ordinary rate of interest at Rome, was a payment of the hundredth part of the debt every month, or twelve hundredths, or, as we say, twelve per cent every year; binae centesimae were twice as much. Niebuhr is of opinion that the monthly rate of the centesimae was of foreign origin, and first adopted at Rome in the time of Sulla. The old yearly rate established by the Twelve Tables was unciarium foenus, a little over eight per-cent a year. See Smith, Dict Ant. p. 525, v. Interest.) in the second place, he paid actually nothing at all for corn to very many of the cities; lastly, if he did pay any city, he deducted as large a sum as ever he chose. He paid no one whatever as much as was due to him. And first I ask you this—you, to whom the farmers of the revenue, according to the letters of Carpinatius, gave thanks. Was the public money, drawn from the treasury, given out of the revenues of the Roman people to purchase corn, was it a source of profit to you? Did it bring you in twenty-four per cent interest? I dare say you will deny it. For it is a disgraceful and dangerous confession to make.

And it is a thing very difficult for me to prove, for by what witnesses am I to prove it? By the farmers of the revenue? They have been treated by him with great honour they will keep silence. By their letters? They have been put out of the way by a resolution of the collectors. Which way then shall I turn? Shall I leave unmentioned so infamous a business, a crime of such audacity and such shamelessness, on account of a dearth of witnesses or of documentary proofs? I will not do so, O judges, I will call a witness. Whom? Lucius Vettius Chilo, a most honourable and accomplished man of the equestrian order, who is such a friend of and so closely connected with Verres, that, even if he were not an excellent man, still whatever he said against him would seem to have great weight; but who is so good a man that, even if he were ever so great an enemy to him, yet his testimony ought to be believed.

He is annoyed and waiting to see what Vettius will say. He will say nothing because of this present occasion; nothing of his free will, nothing of which we can think that he might have spoken either way. He sent letters into Sicily to Carpinatius, when he was superintendent of the tax derived from the pasture lands, and manager of that company of farmers, which letters I found at Syracuse, in Carpinatius's house, among the portfolios of letters which had been brought to him; and at Rome in the house of Lucius Tullius, an intimate friend of yours, and another manager of the company, in portfolios of letters which had been received by him. And from these letters observe, I pray you, the impudence of this man's usury. [The letters of Lucius Vettius to Publius Servilius, and to Caius Antistius, managers of the company, are read.] Vettius says that he will be with you, and will take notice how you make up your accounts for the treasury; so that, if you do not restore to the people this money which has been put out at interest, you shall restore it to the company.

Can we not establish what we assert by this witness, can we not establish it by the letters of Publius Servilius and Caius Antistius, managers of the company, men of the highest reputation and of the highest honour, and by the authority of the company whose letters we are using? or must we seek for something on which we can rely more, for something more important? Vettius, your most intimate friend,—Vettius, your connection, to whose sister you are married,—Vettius, the brother of your wife, the brother of your quaestor, bears witness to your most infamous theft, to your most evident embezzlement; for by what other name is a lending of the public money at usury to be called? Read what follows. He says that your clerk, O Verres, was the drawer up of the bond for this usury: the managers threaten him also in their letters; in fact, it happened by chance that two managers were with Vettius. They think it intolerable that twenty-four per cent should be taken from them, and they are right to think so. For whoever did such a thing before? who ever attempted to do such a thing,—who ever thought that such a thing could be done, as for a magistrate to venture to take money as interest from the farmers, though the senate had often assisted the farmers by remitting the interests due from them? Certainly that man could have no hope of safety, if the farmers—that is, the Roman knights, were the judges.