In C. Verrem

Cicero, Marcus Tullius

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

It was your duty to require them to furnish a ship, in compliance with the treaty. You remitted it for three years. During all those years you never demanded one soldier. You acted as pirates are accustomed to act, who, though they are the common enemies of all men, still select some friends, whom they not only spare, but even enrich with their booty; and especially such as have a town in a convenient situation, where they often, and sometimes even necessarily, put in with their vessels. The town of Phaselis, which Publius Servilius took, had not been in former times a city of Cilicians and pirates. The Lycians, a Greek tribe, inhabited it; but because it was in such a situation as it was, and because it projected into the sea, so that pirates from Ciliciaoften necessarily touched at it when departing on an expedition, and were also often borne thither on their retreats, the pirates connected that city with themselves; at first by commercial intercourse, and afterwards by a regular alliance.

The city of the Mamertines was not formerly of bad character; it was even a city hostile to dishonest men, and detained the luggage of Caius Cato, the one who was consul But then what sort of a man was he? a most eminent and most influential man; who however, though he had been consul, was convicted. So Caius Cato, the grandson of two most illustrious men, Lucius Paullus and Marcus Cato, and the son of the sister of Publius Africanus; who, even when convicted, at a time when severe judgments were in the habit of being passed, found the damages to which he was liable only estimated at eighteen thousand sesterces; with this man, I say, the Mamertines were angry, who have often expended a greater sum than the damages in the action against Cato were laid at, in one banquet for Timarchides.

But this city was the Phaselis for that robber and pirate of Sicily. Hither everything was brought from all quarters; with them it was left; whatever required to be concealed, they kept separate and stored away. By their agency he contrived everything which he wished put on board ship privately, and exported secretly; and in their harbour he contrived to have a vessel of the largest size built for him to send to Italyloaded with plunder. In return for these services, he gave them immunity from all expense, all labour, all military service, in short, from everything. For three years they were the only people, not only in Sicily, but, according to my opinion, in the whole world at such a time, who enjoyed excuse, relief, freedom, and immunity from every sort of expense, and trouble, and office.

Hence arose that Verrean festival; hence it was that he ventured to order Sextus Cominius to be dragged before him at a banquet, at whom he attempted to throw a goblet, whom he ordered to be seized by the throat, and to be hurried from the banquet and thrown into a dark prison; hence came that cross, on which, in the sight of many men, he suspended a Roman citizen; that cross which he never ventured to erect anywhere except among that people, whom he had made sharers in all his crimes and robberies. Do you, O Mamertines, dare to come to praise any one? By what authority? by that which you ought to have with the Senatorial order? by that which you ought to have with the Roman people?

Is there any city, not only in our provinces, but in the most distant nations, either so powerful, or so free, or so savage and uncivilized? is there any king, who would not invite a Senator of the Roman people to his house and to his home? An honour which is paid not only to the man, but in the first place to the Roman people, by whose indulgence we have risen to this order, and secondly to the authority of this order; and unless that is respected among our allies, where will be the name and dignity of the empire among foreign nations? The Mamertines did not give me any public invitation—when I say me, that is a trifle, but when they did not invite a Senator of the Roman people, they withheld an honour due not to the man but to his order. For to Tullius himself, the most splendid and magnificent house of Cnaeus Pompeius Basilicus was opened; with whom he would have lodged even if he had been invited by you. There was also the most honourable house of the Percennii, who are now also called Pompeius; where Lucius my brother lodged and was received by them with the greatest eagerness. A Senator of the Roman people, as far as depended on you as a body, lay in your town, and passed the night in the public streets. No other city ever did such a thing. “Yes,” say you, “for you were instituting a prosecution against our friend.” Will you put your own interpretation on what private business I have of my own, by diminishing the honour due to the Senate?

But I will make my complaint of this conduct, if ever the time comes that there is any discussion concerning you among that body, which, up to this time, has been affronted by no one but you. With what face have you presented yourself before the eyes of the Roman people? when you have not yet pulled down that cross, which is even now stained with the blood of a Roman citizen, which is fixed up in your city by the harbour, and have not thrown it into the sea and purified all that place, before you came to Rome, and before this tribunal. On the territory of the Mamertines, connected with us by treaty, at peace with us, is that monument of your cruelty raised. Is not your city the only one where, when any one arrives at it from Italy, he sees the cross of a Roman citizen before he sees any friend of the Roman people? which you are in the habit of displaying to the people of Rhegium, whose city you envy, and to your inhabitants, Roman citizens as they are, to make them think less of themselves, and be less inclined to despise you, when they see the privileges of our citizenship extinguished by such a punishment.

But you say you bought these things? What? did you forget to purchase of the same Heius that Attalic [*](Attalus, king of Pergamus, had been the inventor of weaving gold thread into tapestry work, and therefore tapestry with gold threads interwoven in it was called by his name.)tapestry, celebrated over the whole of Sicily? You might have bought them in the same way as you did the statues. For what did you do? Did you wish to spare the account books? This escaped the notice of that stupid man; he thought that what he stole from the wardrobe would be less notorious than what he had stolen from the private chapel. But how did he get it? I cannot relate it more plainly than Heius himself related it before you. When I asked, whether any other part of his property had come to Verres, he answered that he had sent him orders to send the tapestry to Agrigentumto him. I asked whether he had sent it. He replied as he must, that is, that he had been obedient to the praetor; that he had sent it.—I asked whether it had arrived at Agrigentum; he said it had arrived.—I asked in what condition it had returned; he said it had not returned yet.—There was a laugh and a murmur from all the people.

Did it never occur to you in this instance to order him to make an entry in his books, that he had sold you this tapestry too, for six thousand five hundred sesterces? Did you fear that your debts would increase, if these things were to cost you six thousand five hundred sesterces, which you could easily sell for two hundred thousand? It was worth that, believe me. You would have been able to defend yourself if you had given that sum for it. No one would then have asked how much it was worth. If you could only prove that you had bought it, you could easily make your cause and your conduct appear reasonable to any one. But as it is, you have no way of getting out of your difficulty about the tapestry. What shall I say next?

Did you take away by force some splendid harness, which is said to have belonged to King Hiero, from Philarchus of Centuripa, a wealthy and high-born man, or did you buy it of him? When I was in Sicily, this is what I heard from the Centuripans and from everybody else, for the case was very notorious; people said that you had taken away this harness from Philarchus of Centuripa, and other very beautiful harness from Aristus of Panormus, and a third set from Gratippus of Tyndarus. Indeed, if Philarchus had sold it to you, you would not, after the prosecution was instituted against you, have promised to restore it. But because you saw that many people knew of it, you thought that if you restored it to him, you would only have so much the less, but the original transaction would be proved against you nevertheless; and so you did not restore it. Philarchus said in his evidence, that when he became acquainted with this disease of yours, as your friends call it, he wished to conceal from you the knowledge of the existence of this harness; that when he was summoned by you, he said that he had not got any; and indeed, that he had removed them to another person's house, that they might not be found; but that your instinct was so great, that you saw them by the assistance of the very man in whose custody they were deposited; that then he could not deny that you had found him out, and so that the harness was taken from him against his will, and without any payment.

Now, O judges, it is worth your while to know how he was accustomed to find and trace out all these things. There are two brothers, citizens of Cibyra, Tlepolemus and Hiero, one of whom, I believe, was accustomed to model in wax, the other was a painter. I fancy these men, as they had become suspected by their fellow-citizens of having plundered the temple of Apollo at Cibyra, fearing a trial and the punishment of the law, had fled from their homes. As they had known that Verres was a great connoisseur of such works as theirs, at the time that he, as you learnt from the witnesses, came to Cibyrawith fictitious bills of exchange, they, when flying from their homes as exiles, came to him when he was in Asia. He has kept them with him ever since that time; and in the robberies he committed, and in the booty he acquired during his lieutenancy, he greatly availed himself of their assistance and their advice.

These are the men who were meant when Quintus Tadius made an entry in his books that he had given things by Verres's order to some Greek painters. They were already well known to, and had been thoroughly tried by him, when he took them with him into Sicily. And when they arrived there, they scented cut and tracked everything in so marvellous a manner, (you might have thought they were bloodhounds,) that, wherever anything was they found it out by some means or other. Some things they found out by threatening, some by promising; this by means of slaves, that through freemen; one thing by a friend, another by an enemy. Whatever pleased them was sure to be lost. They whose plate was demanded had nothing else to hope, than that Tlepolemus and Hiero might not approve of it.

I will relate to you this fact, O judges, most truly. I recollect that Pamphilus of Lilybaeum, a connection of mine by ties of hospitality, and a personal friend of mine, a man of the highest birth, told me, that when that man had taken from him, by his absolute power, an ewer made by the hand of Boethus, of exquisite workmanship and great weight, he went home very sad in truth, and greatly agitated, because a vessel of that sort, which had been left to him by his father and his forefathers, and which he was accustomed to use on days of festival, and on the arrival of ancient friends, had been taken from him. While I was sitting at home, said he, in great indignation, up comes one of the slaves of Venus; he orders me immediately to bring to the praetor some embossed goblets. I was greatly vexed, said he; I had two; I order them both to be taken out of the closet, lest any worse thing should happen, and to be brought after me to the praetor's house. When I got there the praetor was asleep; the Cibyratic brothers were walking about, and when they saw me, they said, Pamphilus, where are the cups? I show them with great grief;—they praise them.—I begin to complain that I shall have nothing left of any value at all, if my cups too were taken away. Then they, when they see me vexed, say, What are you willing to give us to prevent these from being taken from you? To make my story short, I said that I would give six hundred sesterces. Meantime the praetor summons us; he asks for the cups. Then they began to say to the praetor, that they had thought from what they had heard, that Pamphilus's cups were of some value, but that they were miserable things, quite unworthy of Verres's having them among his plate. He said, he thought so too.

So Pamphilus saved his exquisite goblets. And indeed, before I heard this, though I knew that it was a very trifling sort of accomplishment to understand things of that sort, yet I used to wonder that he had any knowledge of them at all, as I knew that in nothing whatever had he any qualities like a man. But when I heard this, I then for the first time understood that that was the use of these two Cibyratic brothers; that in his robberies he used his own hands, but their eyes. But he was so covetous of that splendid reputation of being thought to be a judge of such matters, that lately, (just observe the man's madness,) after his case was adjourned, when he was already as good as condemned, and civilly dead, at the time of the games of the circus, when early in the morning the couches were spread in preparation for a banquet at the house of Lucius Sisenna, a man of the first consideration, and when the plate was all set out, and when, as was suited to the dignity of Lucius Sisenna, the house was full of honourable men, he came to the plate, and began in a leisurely way to examine and consider every separate piece. Some marveled at the folly of the man, who, while his trial was actually going on, was increasing the suspicion of that covetousness of which he was accused; others marveled at his insensibility, that any such things could come into his head, when the time for judgment in his cause was so near at hand, and when so many witnesses had spoken against him. But Sisenna's servants, who, I suppose, had heard the evidence which had been given against him, never took their eyes off him, and never departed out of reach of the plate.

It is the part of a sagacious judge, from small circumstances to form his opinion of every man's covetousness or incontinence. And will any one believe that this man when praetor, was able to keep either his covetousness or his hands from the plate of the Sicilians, when, though a defendant, and a defendant within two days of judgment, a man in reality, and in the opinion of all men as good as already condemned, he could not in a large assembly restrain himself from handling and examining the plate of Lucius Sisenna?

But that my discourse may return to Lilybaeum, from which I have made this digression, there is a man named Diocles, the son-in-law of Pamphilus, of that Pamphilus from whom the ewer was taken away, whose surname is Popillius. From this man he took away every article on his sideboard where his plate was set out. He may say, if he pleases, that he had bought them. In fact, in this case, by reason of the magnitude of the robbery, an entry of it, I imagine, has been made in the account-books. He ordered Timarchides to value the plate. How did he do it? At as low a price as any one ever valued any thing presented to an actor. Although I have been for some time acting foolishly in saying as much about your purchases, and in asking whether you bought the things, and how, and at what price you bought them, when I can settle all that by one word. Produce me a written list of what plate you acquired in the province of Sicily, from whom, and at what price you bought each article.

What will you do? Though I ought not to ask you for these accounts, for I ought to have your account-books and to produce them. But you say that you never kept any accounts of your expenses in these years. Make me out at least this one which I am asking for, the account of the plate, and I will not mind the rest at present. “I have no writings of the sort; I cannot produce any accounts.” What then is to be done? What do you think that these judges can do? Your house was full of most beautiful statues already, before your praetorship; many were placed in your villas, many were deposited with your friends; many were given and presented to other people; yet you have no accounts speaking of any single one having been bought. All the plate in Sicilyhas been taken away. There is nothing left to any one that can be called his own. A scandalous defence is invented, that the praetor bought all that plate; and yet that cannot be proved by any accounts. If you do produce any accounts, still there is no entry in them how you have acquired what you have got. But of these years during which you say that you bought the greatest number of things, you produce no accounts at all. Must you not inevitably be, condemned, both by the accounts which you do, and by those which you do not produce?

You also took away at Lilybaeumwhatever silver vessels you chose from Marcus Caelius, a Roman knight, a most excellent young man. You did not hesitate to take away the whole furniture, of Caius Cacurius, a most active and accomplished man, and of the greatest influence in his city. You took away, with the knowledge of every body, a very large and very beautiful table of citron-wood from Quintus Lutatius Diodorus, who, owing to the kind exertion of his interest by Quintus Catulus, was made a Roman citizen by Lucius Sulla. I do not object to you that you stripped and plundered a most worthy imitator of yours in his whole character, Apollonius, the son of Nico, a citizen of Drepanum, who is now called Aulus Clodius, of all his exquisitely wrought silver plate;—I say nothing of that. For he does not think that any injury has been done to him, because you came to his assistance when he was a ruined man, with the rope round his neck, and shared with him the property belonging to their father, of which he had plundered his wards at Drepanum. I am even very glad if you took anything from him, and I say that nothing was ever better done by you. But it certainly was not right that the statue of Apollo should have been taken away from Lyso of Lilybaeum, I a most eminent man, with whom you had been staying as a guest. But you will say that you bought it—I know that—for six hundred sesterces. So I suppose: I know it, I say; I will produce the accounts; and yet that ought not to have been done. Will you say that the drinking vessels with emblems of Lilybaeumon them were, bought from Heius, the minor to whom Marcellus is guardian, whom you had plundered of a large sum of money, or will you confess that they were taken by force?

But why do I enumerate all his ordinary iniquities in affairs of this sort, which appear to consist only in robberies committed by him, and in losses borne by those whom he plundered? Listen, if you please, O judges, to an action of such a sort as will prove to you clearly his extraordinary madness and frenzy, rather than any ordinary covetousness. There is a man of Melita, called Diodorus, who has already given evidence before you. He has been now living at Lilybaeummany years; a man of great nobility at home, and of great credit and popularity with the people among whom he has settled, on account of his virtue. It is reported to Verres of this man that he has some exceedingly fine specimens of chased work; and among them two goblets called Thericlean, [*](“Thericles was a potter in the time of Aristophanes, who made earthenware vessels of a peculiar black clay. In subsequent time, any goblets made in imitation of his, whether of wood, silver, or glass, were called Thericlean.”—Graevius.)made by the hand of mentor with the most exquisite skill. And when Verres heard of this, he was inflamed with such a desire, not only of beholding, but also of appropriating them, that he summoned Diodorus, and demanded them. He replied, as was natural for a man who took great pride in them, that he had not got them at Lilybaeum; that he had left them at Melita, in the house of a relation of his.

On this he immediately sends men on whom he can rely to Melita; he writes to certain inhabitants of Melitato search out those vessels for him; he desires Diodorus to give them letters to that relation of his—the time appeared to him endless till he could see those pieces of plate. Diodorus, a prudent and careful man, who wished to keep his own property, writes to his relation to make answer to those men who came from Verres, that he had sent the cups to Lilybaeuma few days before. In the meantime he himself leaves the place. He preferred leaving his home, to staying in it and losing that exquisitely wrought silver work. But when Verres heard of this, he was so agitated that he seemed to every one to be raving, and to be beyond all question mad. Because he could not steal the plate himself, he said that he had been robbed by Diodorus of some exquisitely wrought vessels; he poured out threats against the absent Diodorus; he used to roar out before people; sometimes he could not restrain his tears. We have heard in the mythology of Eriphyla being so covetous that when she had seen a necklace, made, I suppose, of gold and jewels, she was so excited by its beauty, that she betrayed her husband for the sake of it. His covetousness was similar; but in one respect more violent and more senseless, because she was desiring a thing which she had seen, while his wishes were excited not only by his eyes, but even by his ears.

He orders Diodorus to be sought for over the whole province. He had by this time struck his camp, packed up his baggage, and left Sicily. Verres, in order by some means or other to bring the man back to the province, devises this plan, if it is to be called a plan, and not rather a piece of madness. He sets up one of the men he calls his hounds, to say that he wishes to institute a prosecution against Diodorus of Melitafor a capital offence. At first all men wondered at such a thing being imputed to Diodorus, a most quiet man, and as far removed as any man from all suspicion, not only of crime, but of even the slightest irregularity. But it soon became evident, that all this was done for the sake of his silver. Verres does not hesitate to order the prosecution to be instituted; and that, I imagine, was the first instance of his allowing an accusation to be made against an absent man.