In C. Verrem

We are seeking examples, and those not ancient ones. Very lately each of them had an army. Ask, O Hortensius, since you are fond of modern instances, what they did. Will you not? Quintus Catulus used corn, but he exacted no money. Publius Servilius, though he commanded an army for five years, and by that means might have made an incalculable sum of money, thought that nothing was lawful for himself which he had not seen his father and his grandfather, Quintus Metellus, do. Shall Caius Verres be found, who will say that everything is lawful for him which is profitable? Will he allege in his defence that he has done in accordance with the example set by others, what none, except wicked men, ever have done? Oh, but it has been often done in Sicily. What is that condition in which Sicily is? Why is the law of injustice, especially defined by a reference to the usages prevalent in that land which, on account of its antiquity as our ally, its fidelity, and its nearness to us, ought to enjoy the best laws of all?

However, in Sicily itself, (I will not go abroad to look for examples,) I will take examples out of the very bench of judges before me. Caius Marcellus, I call you as a witness. You governed the province of Sicily when you were proconsul. Under your command were any sums of money extorted, under the name of money for the granary? I do not give you any credit for this. There are other exploits, other designs of yours worthy of the highest praise, measures by which you recovered and set up again an afflicted and ruined province. For even Lepidus whom you succeeded had not committed this fraud about the granary. What precedents then have you in Sicily affecting this charge about the granary, if you cannot defend yourself from the accusation by quoting any action even of Lepidus, much less any action of Marcellus?

Are you going to bring me back to the valuation of the corn, and the exaction of money by Marcus Antonius? Just so, says he; to the valuation of Marcus Antonius. For this is what he seemed to mean by his signs and nods. Out of all the praetors of the Roman people then, and consuls, and generals, have you selected Marcus Antonius, and even the most infamous action done by him, for your imitation? And here is it difficult for me to say, or for the judges to think, that in that unlimited authority Marcus Antonius behaved himself in such a manner, that it is by far more injurious to Verres to say that as he, in a most infamous transaction, wished to imitate Antonius, than if he were able to allege in his defence, that he had never in his whole life done anything like Marcus Antonius? Men in trials are accustomed to allege, in making a defence against an accusation, not what any one did, but what he did that was good. In the middle of his course of injustice and covetousness death overtook Antony, while he was still both doing and planning many things contrary to the safety of the allies many things contrary to the advantage of our provinces. Will you defend the audacity of Verres by the example of Antonius, as if the senate and people of Rome approved of all his actions and designs?

But Sacerdos did the same. You name an upright man, and one endued with the greatest wisdom; but he can only be thought to have done the same thing, if he did it with the same intention. For the mere fact of the valuation has never been found fault with by me; but the equity of it depends on the advantage to, and willingness of the cultivator. No valuation can be found fault with, which is not only not disadvantageous, but which is even pleasing to the cultivator. Sacerdos, when he came into the province, commanded corn to be provided for the granary. As before the new harvest came in a modius of wheat was five denarii, the cities begged of him to have a valuation. The valuation wee somewhat lower than the actual market price, for he valued it at three denarii. You see that the same fact of a valuation, through the dissimilarity of the occasion, was a cause of praise in his instance, of accusation in yours. In his instance it was a kindness, in yours an injury.

The same year Antonius valued corn at three denarii, after the harvest, in a season of exceeding cheapness, when the cultivators would rather give the corn for nothing, and he said that he had valued it at the same price as Sacerdos; and he spoke truly, but yet' by the same valuation the one had relieved the cultivators, the other had ruined them. And if it were not the case that the whole value of corn must be estimated by the season, and the market price, not by the abundance, nor by the total amount, these modii and a half of yours, O Hortensius, would never have been so agreeable; in distributing which to the Roman people, for every head, small as the quantity was, you did an action which was most agreeable to all men; for the dearness of corn caused that, which seemed a small thing in reality, to appear at that time a great one. If you had given such a largess to the Roman people in a time of cheapness, your kindness would have been derided and despised.

Do not, therefore, say that Verres did the same as Sacerdos had done, since he did not do it on the same occasion, nor when wheat was at a similar price; say rather, since you have a competent authority to quote, that he did for three years what Antonius did on his arrival, and with reference to scarcely a month's provisions, and defend his innocence by the act and authority of Marcus Antonius. For what will you say of Sextus Peducaeus, a most brave and honest man? What cultivator ever complained of him? or who did not think that his praetorship was the most impartial and the most active one that has ever been known up to this time? He governed the province for two years, when one year wee a year of cheapness, the other a year of the greatest dearness. Did any cultivator either give him money in the cheap season, or in the dear season complain of the valuation of his corn? Oh, but provisions were very abundant that dear season.

I believe they were; that is not a new thing nor a blamable one. We very lately saw Caius Sentius, a man of old-fashioned and extraordinary incorruptibility, on account of the dearness of food which existed in Macedonia, make a great deal of money by furnishing provisions. So that I do not grudge you your profits, if any have come to you legally; I complain of your injustice; I impeach your dishonesty; I cat your avarice into court, and arraign it before this tribunal. But if you wish to excite a suspicion that this charge belongs to more men and more provinces than one, I will not be afraid of that defence of yours, but I will profess myself the defender of all the provinces. In truth I say this, and I say it with a loud voice, “Wherever this has been done, it has been done wickedly; whoever has done it is deserving of punishment.”

For, in the name of the immortal gods, see, O judges, look forward with your mind's eye at what will be the result. Many men have exacted large sums from unwilling cities, and from unwilling cultivators, in this way, under pretence of filling the granary. (I have no idea of any one person having done so except him, but I grant you this, and I admit that many have.) In the case of this man you see the matter brought before a court of justice; what can you do? can you, when you are judges in a case of embezzlement which is brought before you, overlook the misappropriation of so large a sum? or can you, though the law was made for the sake of the allies, turn a deaf ear to the complaints of the allies?