In C. Verrem

And that you may understand what sort of decisions are obtained in actions for the eightfold penalty, and what sort of judges those selected from that man's retinue are considered to be, listen to this. Do you think that any collector, when this licence was allowed him of taking from the cultivator whatever he claimed, ever did demand more than was due? Consider yourselves in your own minds, whether you think any one ever did so, especially when it might have happened, not solely through covetousness, but even though ignorance. Many must have done so. But I say that all extorted more, and a great deal more, than the proper tenths. Tell me of one man, in the whole three years of your praetorship, who was condemned in the eightfold penalty. Condemned, indeed! Tell me of one man who was ever prosecuted according to your edict. There was not, in fact, one cultivator who was able to complain that injustice had been done to him; not one collector who claimed one grain more as due to him than really was due. Far from that. Apronius seized and carried off whatever he chose from every one. In every district the cultivators, harassed and plundered as they were, were complaining, and yet no instance of a trial can be found.

Why is this? Why did so many bold, honourable, and highly esteemed men—so many Sicilians, so many Roman knights—when injured by one most worthless and infamous man, not seek to recover the eightfold penalty, which had most unquestionably been incurred? What is the cause, what is the reason? That reason alone, O judges, which you see,—because they knew they should come off at the trial defrauded and ridiculed. In truth, what sort of triad must that be, when three of the profligate and abandoned retinue of Verres sat on the tribunal under the name of judges?—slaves of Verres, not inherited by him from his father, but recommended to him by his mistress.

The cultivator, forsooth, might plead his cause; he might show that no corn was left him by Apronius,—that even his other property was seized; that he himself had been driven away with blows. Those admirable men would lay their heads together, they would chat to one another about revels and harlots, if they could catch any when leaving the praetor. The cause would seem to be properly heard: Apronius would have risen, full of his new dignity as a knight; not like a collector all over dirt and dust, but reeking with perfumes, languid with the lateness of the last night's drinking party, with his first motion, and with his breath he would have filled the whole place with the odour of wine, of perfume, and of his person. He would have said, what he repeatedly has said, that he had bought, not the tenths, but the property and fortunes of the cultivators; that he, Apronius, was not a collector, but a second Verres,—the absolute lord and master of those men. And when he had said this, those admirable men of Verres's train, the judges, would deliberate, not about acquitting Apronius, but they would inquire how they could condemn the cultivator himself to pay damages to Apronius.

When you had granted this licence for plundering the cultivators to the collectors of the tenths,—that is, to Apronius,—by allowing him to demand as much as he chose, and to carry off as much as he demanded, were you preparing this defence for your trial,—that you had promised by edict that you would assign judges in a trial for an eightfold penalty? Even if in truth you were to give power to the cultivator, not only to challenge his judges, but even to pick them out of the whole body of the Syracusan assembly, (a body of most eminent and honourable men,) still no one could bear this new sort of injustice,—that, when one has given up the whole of one's produce to the farmer, and had one's property taken out of one's hands, then one is to endeavour to recover one's property and to seek its restitution by legal proceedings.

But when what is granted by the edict is, in name indeed, a trial, but in reality a collusion of your attendants, most worthless men, with the collectors, who are your partners, and besides that, with the judges, do you still dare to mention that trial, especially when what you say is refuted, not merely by my speech, but by the facts themselves? when in all the distresses of the cultivators of the soil, and all the injustice of the collectors, not only has no trial ever taken place according to that splendid edict, but none has ever been so much as demanded?

However, he will be more favourable to the cultivators than he appears; for the same man who has announced in his edict that he will allow a trial against the collectors, in which they shall be liable to an eightfold penalty, had it also set down in his edict, that he would grant a similar trial against the cultivators, in which they should be liable to a fourfold penalty. Who now dares to say that this man was unfavourably disposed or hostile to the cultivators? How much more lenient is he to them than to the collectors? He has ordered in his edict that the Sicilian magistrate should exact from the cultivator whatever the collector declared ought to be paid to him. What sentence has he left behind, which can be pronounced against a cultivator of the soil It is not a bad thing, says he, for that fear to exist; so that, when the money has been exacted from the cultivator, still there will be behind a fear of the court of justice, to prevent him from stirring himself. If you wish to exact money from me by process of law, remove the Sicilian magistrate. If you employ this violence, what need is there of a process of law? Moreover, who will there be who would not prefer paying to your collectors what they demand, to being condemned in four times the amount by your attendants.

But that is a splendid clause in the edict, that gives notice that in all disputes which arise between the cultivator and the collector, he will assign judges, if either party wishes it. In the first place, what dispute can there be when he who ought to make a claim, makes a seizure instead? and when he seizes, not as much as is due, but as much as he chooses? and when he, whose property is seized, cannot possibly recover his own by a suit at law? In the second place, this dirty fellow wants even in this to seem cunning and wily; for he frames his edict in these words—“If either wishes it, I will assign judges.” How neatly does he think he is robbing him! He gives each party the power of choice; but it makes no difference whether he wrote—“If either wishes it," or "If the collector wishes it.” For the cultivator will never wish for those judges of yours.

What next? What sort of edicts are those which he issued to meet particular occasions, at the suggestion of Apronius? When Quintus Septitius, a most honourable man, and a Roman knight, resisted Apronius, and declared that he would not pay more than a tenth, a sudden special edict makes its appearance, that no one is to remove his corn from the threshing-floor before he has settled the demands of the collector. Septitius put up with this injustice also, and allowed his corn to be damaged by the rain, while remaining on the threshing-floor, when on a sudden that most fruitful and profitable edict comes out, that every one was to have his tenths delivered at the water-side before the first of August.

By this edict, it was not the Sicilians, (for he had already sufficiently crushed and ruined them by his previous edicts,) but all those Roman knights who had fancied that they could preserve their rights against Apronius, excellent men, and highly esteemed by other praetors, who were delivered bound hand and foot into the power of Apronius. For just listen and see what sort of edicts these are. “A man,” says he, “is not to remove his corn from the threshing-floor, unless he has settled all demands.” This is a sufficiently strong inducement to making unfair demands; for I had rather give too much, than not remove my corn from the threshing-floor at the proper time. But that violence does not affect Septitius, and some others like Septitius, who say, “I will rather not remove my corn, than submit to an extortionate demand.” To these then the second edict is opposed. “You must have delivered it by the first of August.” I will deliver it then.—“Unless you have settled the demands, you shall not remove it.” So the fixing of the day for delivering it at the waterside, compelled the man to remove his corn from the threshing floor. And the prohibition to remove, unless the demand were settled, made the settlement compulsory and not voluntary.

But what follows is not only contrary to the law of Hiero, not only contrary to the customs of all former praetors, but even contrary to all the rights of the Sicilians, which they have as granted them by the senate and people of Rome,—that they shall not be forced to give security to appear in any courts of justice but their own. Verres made a regulation that the cultivator should appear to an action brought by a collector in any court which the collector might choose. So that in this way also gain might accrue to Apronius, when he dragged a defendant all the way from Leontini to Lilybaeum to appear before the court there, by making false accusations against the wretched cultivators. Although that device for false accusation was also contrived with singular cunning, when he ordered that the cultivators should make a return of their acres, as to what they were sown with. And this had not only great power in causing most iniquitous claims to be submitted to, as we shall show hereafter, and that too without any advantage to the republic, but at the same time it gave a great handle to false accusations, which all men were liable to if Apronius chose.

For, as any one said anything contrary to his inclination, immediately he was summoned before the court on some charge relative to the returns made of his lands. Through fear of which action a great quantity of corn was extorted from many, and vast sums were collected; not that it was really difficult to male a correct return of a man's acres, or even to make an extravagantly liberal one, (for what danger could there be in doing that?) but still it opened a pretext for demanding a trial because the cultivator had not made his return in the terms of the edict. And you must feel sure what sort of trial that would be while that man was praetor, if you recollect what sort of a train and retinue he had about him. What is it, then, which I wish you to understand, O judges, from the iniquity of these new edicts? That any injury has been done to our allies? That you see. That the authority of his predecessors has been overruled by him? He will not dare to deny it.

That Apronius had such great influence while he was praetor? That he must unavoidably confess. But perhaps you will inquire in this place, as the law reminds you to do, whether he himself has made any money by this conduct. I will show you that he has made vast sums, and I will prove that he established all those iniquitous rules which I have mentioned before, with no object but his own profit, when I have first removed out of his line of defence that rampart which he thinks he shall be able to employ against all my attacks. I sold, says he, the tenths at a high price. What are you saying? Did you, O most audacious and senseless of men, sell the tenths? Did you sell those portions which the senate and people of Rome allowed you to sell, or the whole produce; and in that the whole property and fortunes of the cultivators? If the crier had openly given notice by your order, that there was being sold, not a tenth, but half the corn, and if purchasers had come with the idea of buying half the corn—if then you had sold the half for more than the other praetors had sold the tenth part of it, would that seem strange to any one? But what shall we say if the crier gave notice of a sale of the tenths, but if, in fact, by your regulation,—by your edict,—by the terms of the sale which you offered, more than a half portion Was sold? Will you still think that creditable to yourself, to have sold what you had no right to sell for more than others sold what they fairly could?

Oh, you sold the tenths for more than others had sold them. By what means did you manage that? by innocent means? Look at the temple of Castor, and then, if you dare, talk of your innocent means. By your diligence? Look at the erasures in your registers at the name of Sthenius of Thermae, and then have the face to call yourself diligent. By your ability? You who refused at the former pleadings to put questions to the witnesses, and preferred presenting yourself dumb before them, pray call yourself and your advocates able men as much as you please. By what means, then, did you manage what you say you did? For it is a great credit to you if you have surpassed your predecessors in ability, and left to your successors your example and your authority. Perhaps you had no one before you fit to imitate. But, no doubt, all men will imitate you, the investor and first parent of such excellent methods.

What cultivator of the soil, when you were praetor, paid a tenth? Who paid two-tenths only? Who was there who did not think himself treated with the greatest lenity if he paid three tenths instead of one, except a few men, who, on account of a partnership with you in your robberies, paid nothing at all? See how great a difference there is between your harshness and the kindness of the senate. The senate, when owing to any necessity of the republic it is compelled to decree that a second tenth shall be exacted, decrees that for that second tenth money be paid to the cultivators, so that the quantity which is taken beyond what is strictly due may be considered to be purchased, not to be taken away. You, when you were exacting and seizing so many tenths, not by a decree of the senate, but by your own edicts and nefarious regulations, shall you think that you have done a great deed if you sell them for more than Lucius Hortensius, the father of this Quintus Hortensius, did,—than Cnaeus Pompeius or Caius Marcellus sold them for; men who did not violate justice, or law, or established rules?

Were you to consider what might be got in one year, or in two years, and to neglect the safety of the province, the well-doing of the corn interest, and the interests of the republic in future times, though you came to the administration of affairs when matters were so managed that sufficient corn was supplied to the Roman people from Sicily, and still it was a profitable thing for the cultivators to plough and till their land? What have you brought about? What have you gained? In order that, while you were praetor, some addition might be made to the revenue derived from the tenths, you have caused the allotments of land to be deserted and abandoned. Lucius Metellus succeeded you. Were you more innocent than Metellus? Were you more desirous of credit and honour? For you were seeking the consulship, but Metellus neglected the renown which he had inherited from his father and his grandfather. He sold the tenths for much less, not only than you had done, but even than those had who had sold them before you. I ask, if he himself could not contrive any means for selling them at the best possible price, could he not follow in the fresh steps of you the very last praetor, so as to use your admirable edicts and regulations, invented and devised by you their author?

But he thought that he should not at all be a Metellus if he imitated you in anything; he who when he thought that he was to go to that province sent letters to the cities of Sicily from Rome, a thing which no one in the memory of man ever did before, in which he exhorts and entreats the Sicilians to plough and sow their land for the service of the Roman people. He begs this some time before his arrival, and at the same time declares that he will sell the tenths according to the law of Hiero; that is to say, that in the whole business of the tenths he will do nothing like that man. And he writes this, not from being impelled by any covetousness to send letters into the province before his time, but out of prudence, lest, if the seed-time passed, we should have not a single grain of corn in the province of Sicily. See Metellus's letters.

Read the letter of Lucius Metellus. [The letters of Lucius Metellus are read.] It is these letters, O judges, of Lucius Metellus, which you have heard, that have raised all the corn that there in this year in Sicily. No one would have broken one clod of earth in all the land of Sicily subject to the payment of tenths, if Metellus had not sent this letter. What? Did this idea occur to Metellus by inspiration, or had he his information from the Sicilians who had come to Rome in great numbers, and from the traders of Sicily? And who is ignorant what great crowds of them assembled at the door of the Marcelli, the most ancient patrons of Sicily? what crowds of them thronged to Cnaeus Pompeius, the consul elect, and to the rest of the men connected with the province? And such a thing never yet took place in the instance of any one, as for a man to be openly accused by those people over whose property and families he had supreme dominion and power. So great was the effect of his injuries, that men preferred to suffer anything, rather than not to bewail themselves and complain of his wickedness and injuries.

And when Metellus had sent these letters couched in almost a supplicating tone to all the cities, still he was far from prevailing with them to sow the land as they formerly had. For many had fled, as I shall presently show, and had left not only their allotments of land, but even their paternal homes, being driven away by the injuries of that man. I will not indeed, O judges, say anything for the sake of unduly exaggerating my charges. But the sentiments which I have imbibed through my eyes and in my mind, those I will state to you truly, and, as far as I can, plainly.

For when four years afterwards I came into Sicily, it appeared to me in such a condition as those countries are apt to be in, in which a bitter and long war has been carried on. Those plains and fields which I had formerly seen beautiful and verdant, I now saw so laid waste and desolate that the very land itself seemed to feel the want of its cultivators, and to be mourning for its master. The land of Herbita, of Enna, of Morgantia, of Assoria, of Imachara, and of Agyrium, was so deserted as to its principal part, that we had to look not only for the allotments of land, but also for the body of owners. But the district of Aetna, which used to be most highly cultivated, and that which was the very head of the corn country, the district of Leontini, the character of which was formerly such that when you had once seen that sown, you did not fear any dearness of provisions, was so rough and unsightly, that in the most fruitful part of Sicily we were asking where Sicily could be gone? The previous year had, indeed, greatly shaken the cultivators, but the last one had utterly ruined them.

Will you dare also to make mention to me of the tenths? Do you, after such wickedness, after such cruelty, after such numerous and serious injuries done to people, when the whole province of Sicily entirely depends on its arable land, and on its rights connected with that land; after the cultivators have been entirely ruined, the fields deserted—after you have left no one in so wealthy and populous a province—not only no property, but no hope even remaining; do you, I say, think that you can acquire any popularity by saying that you have sold the tenths at a better price than the other praetors? As if the Roman people had formed this wish, or the senate had given you this commission, by seizing all the fortunes of the cultivators under the name of tenths, to deprive the Roman people for all future time of that revenue, and of their supply of corn; and, as if after that, by adding some part of your own plunder to the total amount got from the tenths, you could appear to have deserved well of the Roman people. And I say this, as if his injustice was to be reproved in this particular, that, out of a desire for credit to be got by surpassing others in the sum derived from tenths, he had put forth a law rather too severe, and edicts rather too stringent, and rejected the examples of all his predecessors.