In C. Verrem

Cicero, Marcus Tullius

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

He thanks the men and praises their good-will and diligence in his behalf. He himself, inflamed with wickedness and frenzy, comes into the forum. His eyes glared; cruelty was visible in his whole countenance. All men waited to see what does he was going to take,—what he was going to do; when all of a sudden he orders the man to be seized, and to be stripped and bound in the middle of the forum, and the rods to be got ready. The miserable man cried out that he was a Roman citizen, a citizen, also, of the municipal town of Cosa,—that he had served with Lucius Pretius a most illustrious Roman knight, who was living as a trader at Panormus, and from whom Verres might know that he was speaking the truth. Then Verres says that he has ascertained that he had been sent into Sicily by the leaders of the runaway slaves, in order to act as a spy; a matter as to which there was no witness, no trace, nor even the slightest suspicion in the mind of any one.

Then he orders the man to be most violently scourged on all sides. In the middle of the forum of Messana a Roman citizen, O judges, was beaten with rods; while in the mean time no groan was heard, no other expression was heard from that wretched man, amid all his pain, and between the sound of the blows, except these words, “I am a citizen of Rome.” He fancied that by this one statement of his citizenship he could ward off all blows, and remove all torture from his person. He not only did not succeed in averting by his entreaties the violence of the rods, but as he kept on repeating his entreaties and the assertion of his citizenship, a cross—a cross I say—was got ready for that miserable man, who had never witnessed such a stretch of power.

O the sweet name of liberty! O the admirable privileges of our citizenship! O Porcian law! O Sempronian laws! O power of the tribunes, bitterly regretted by, and at last restored to the Roman people! Have all our rights fallen so far, that in a province of the Roman people,—in a town of our confederate allies,—a Roman citizen should be bound in the forum, and beaten with rods by a man who only had the fasces and the axes through the kindness of the Roman people? What shall I say? When fire, and red-hot plates and other instruments of torture were employed? It the bitter entreaties and the miserable cries of that man had no power to restrain you, were you not moved even by the weeping and loud groans of the Roman citizens who were present at that time? Did you dare to drag any one to the cross who said that he was a Roman citizen? I was unwilling, O judges, to press this point so strongly at the former pleading; I was unwilling to do so. For you saw how the feelings of the multitude were excited against him with indignation, and hatred, and fear of their common danger. I, at that time, fixed a limit to my oration, and checked the eagerness of Caius Numitorius a Roman knight, a man of the highest character, one of my witnesses. And I rejoiced that Glabrio had acted (and he had acted most wisely) as he did in dismissing that witness immediately, in the middle of the discussion. In fact he was afraid that the Roman people might seem to have inflicted that punishment on Verres by tumultuary violence, which he was anxious he should only suffer according to the laws and by your judicial sentence.

Now since it is made clear beyond a doubt to every one, in what state your case is, and what will become of you, I will deal thus with you: I will prove that that Gavius whom you all of a sudden assert to have been a spy, had been confined by you in the stone-quarries at Syracuse; and I will prove that, not only by the registers of the Syracusans,—lest you should be able to say that, because there is a man named Gavius mentioned in those documents, I have invented this charge, and picked out this name so as to be able to say that this is the man,—but in accordance with your own choice I will produce witnesses, who will state that that identical man was thrown by you into the stone-quarries at Syracuse. I will produce, also, citizens of Cosa, his fellow citizens and relations,, who shall teach you, though it is too late, and who shall also teach the judges, (for it is not too late for them to know them,) that that Publius Gavius whom you crucified was a Roman citizen, and a citizen of the municipality of Cosa, not a spy of runaway slaves.

When I have made all these points, which I undertake to prove, abundantly plain to your most intimate friends, then I will also turn my attention to that which is granted me by you. I will say that I am content with that. For what—what, I say—did you yourself lately say, when in an agitated state you escaped from the outcry and violence of the Roman people? Why, that he had only cried out that he was a Roman citizen because he was seeking some respite, but that he was a spy. My witnesses are unimpeachable. For what else does Caius Numitorius say? what else do Marcus and Publius Cottius say, most noble men of the district of Tauromenium? what else does Marcus Lucceius say, who had a great business as a money-changer at Rhegium? what else do all the others ray? For as yet witnesses have only been produced by me of this class, not men who say that they were acquainted with Gavius, but men who say that they saw him at the time that he was being dragged to the cross, while crying out that he was a Roman citizen. And you, O Verres, say the same thing. You confess that he did cry out that he was a Roman citizen; but that the name of citizenship did not avail with you even as much as to cause the least hesitation in your mind, or even any brief respite from a most cruel and ignominious punishment.

This is the point I press, this is what I dwell upon, O judges; with this single fact I am content. I give up, I am indifferent to all the rest. By his own confession he must be entangled and destroyed. You did not know who he was; you suspected that he was a spy. I do not ask you what were your grounds for that suspicion, I impeach you by your own words. He said that he was a Roman citizen. If you, O Verres, being taken among the Persians or in the remotest parts of India, were being led to execution, what else would you cry out but that you were a Roman citizen? And if that name of your city, honoured and renowned as it is among all men, would have availed you, a stranger among strangers, among barbarians, among men placed in the most remote and distant corners of the earth, ought not he, whoever he was, whom you were hurrying to the cross, who was a stranger to you, to have been able, when he said that he was a Roman citizen, to obtain from you, the praetor, if not an escape, at least a respite from death by his mention of and claims to citizenship?

Men of no importance, born in an obscure rank, go to sea; they go to places which they have never seen before; where they can neither be known to the men among whom they have arrived, nor always find people to vouch for them. But still, owing to this confidence in the mere fact of their citizenship, they think that they shall be safe, not only among our own magistrates, who are restrained by fear of the laws and of public opinion, nor among our fellow citizens only, who are limited with them by community of language, of rights, and of many other things; but wherever they come they think that this will be a protection to them.

Take away this hope, take away this protection from Roman citizens, establish the fact that there is no assistance to be found in the words “I am a Roman citizen;” that a praetor, or any other officer, may with impunity order any punishment he pleases to be inflicted on a man who says that he is a Roman citizen, though no one knows that it is not true; and at one blow, by admitting that defence; you cut off from the Roman citizens all the provinces, all the kingdoms, all free cities, and indeed the whole world, which has hitherto been open most especially to our countrymen. But what shall be said if he named Lucius Pretius, a Roman knight, who was at that time living in Sicily as a trader, as a man who would vouch for him? Was it a very great undertaking to send letters to Panormus? to keep the man? to detain him in prison, confined in the custody of your dear friends the Mamertines, till Pretius came from Panormus? Did he know the man? Then you might remit some part of the extreme punishment. Did he not know him? Then, if you thought fit, you might establish this law for all people, that whoever was not known to you, and could not produce a rich man to vouch for him, even though he were a Roman citizen, was still to be crucified.

But why need I say more about Gavius? as if you were hostile to Gavius, and not rather an enemy to the name and class of citizens, and to all their rights. You were not, I say, an enemy to the individual, but to the common cause of liberty. For what was your object in ordering the Mamertines, when, according to their regular custom and usage, they had erected the cross behind the city in the Pompeian road, to place it where it looked towards the strait; and in adding, what you can by no means deny, what you said openly in the hearing of every one, that you chose that place in order that the man who said that he was a Roman citizen, might be able from his cross to behold Italy and to look towards his own home? And accordingly, O judges, that cross, for the first time since the foundation of Messana, was erected in that place. A spot commanding a view of Italy was picked out by that man, for the express purpose that the wretched man who was dying in agony and torture might see that the rights of liberty and of slavery were only separated by a very narrow strait, and that Italy might behold her son murdered by the most miserable and most painful punishment appropriate to slaves alone.

It is a crime to bind a Roman citizen; to scourge him is a wickedness; to put him to death is almost parricide. What shall I say of crucifying him? So guilty an action cannot by any possibility be adequately expressed by any name bad enough for it. Yet with all this that man was not content. “Let him behold his country,” said he; “let him die within sight of laws and liberty.” It was not Gavius, it was not one individual, I know not whom,—it was not one Roman citizen,—it was the common cause of freedom and citizenship that you exposed to that torture and nailed on that cross. But now consider the audacity of the man. Do not you think that he was indignant that be could not erect that cross for Roman citizens in the forum, in the comitium, in the very rostra? For the place in his province which was the most like those places in celebrity, and the nearest to them in point of distance, he did select. He chose that monument of his wickedness and audacity to be in the sight of Italy, in the very vestibule of Sicily, within sight of all passers-by as they sailed to and fro.

If I were to choose to make these complaints and to utter these lamentations, not to Roman citizens, not to any friends of our city, not to men who had heard of the name of the Roman people,—if I uttered them not to men, but to beasts,—or even, to go further, if I uttered them in some most desolate wilderness to the stones and rocks, still all things, mute and inanimate as they might be, would be moved by such excessive, by such scandalous atrocity of conduct. But now, when I am speaking before senators of the Roman people, the authors of the laws, of the courts of justice, and of all right, I ought not to fear that that man will not be judged to be the only Roman citizen deserving of that cross of his, and that all others will not be judged most undeserving of such a danger.

A little while ago, O judges, we did not restrain our tears at the miserable and most unworthy death of the naval captains; and it was right for us to be moved at the misery of our innocent allies; what now ought we to do when the lives of our relations are concerned? For the blood of all Roman citizens ought to be accounted kindred blood; since the consideration of the common safety, and truth requires it. All the Roman citizens in this place, both those who are present, and those who are absent in distant lands, require your severity, implore the aid of your good faith, look anxiously for your assistance. They think that all their privileges, all their advantages, all their defences, in short their whole liberty, depends on your sentence.

From me, although they have already had aid enough, still, if the affair should turn out ill, they will perhaps have more than the venture to ask for. For even though any violence should snatch that man from your severity, which I do not fear, a judges, nor do I think it by any means possible; still, if my expectations should in this deceive me, the Sicilians will complain that their cause is lost, and they will be as indignant as I shall myself; yet the Roman people, in a short time, since it has given me the power of pleading before them, shall through my exertions recover its rights by its own votes before the beginning of February. And if you have any anxiety, O judges, for my honour and for my renown, it is not unfavourable for my interests, that that man, having been saved from me at this trial, should be reserved for that decision of the Roman people. The cause is a splendid one, one easily to be proved by me, very acceptable and agreeable to the Roman people. Lastly, if I see where to have wished to rise at the expense of that one man, which I have not wished,—if he should be acquitted, (a thing which cannot happen without the wickedness of many men,) I shall be enabled to rise at the expense of many. But in truth, for your sake, O judges, and for the sake of the republic, I should grieve that such a crime was committed by this select bench of judges. I should grieve that those judges, whom I have myself approved of and joined in selecting, should walk about in this city branded with such disgrace by that man being acquitted, as to seem smeared not with wax, [*](This refers to the tablets on which the judges signified their decision, which, as has been said before, were covered with wax.) but with mud.

Wherefore, from this place I warn you also, O Hortensius, if there is any room for giving a warning, to take care again and again, and to consider what you are doing, and whither you are proceeding; what man it is whom you are defending, and by what means you are doing so. Nor in this manner do I seek at all to limit you, so as to prevent your contending against me with all your genius, and all your ability in speaking. As to other things, if you think that you can secretly manage, out of court, some of the things which belong to this judicial trial; if you think that you can effect anything by artifice, by cunning, by influence, by your own popularity, by that man's wealth; then I am strongly of opinion you had better abandon that idea. And I warn you rather to put down, I warn you not to suffer to proceed any further the attempts which have already been commenced by that man, but which have been thoroughly detected by, and are thoroughly known to me. It will be at a great risk to yourself that any error is committed in this trial; at a greater risk than you think.

For as for your thinking yourself now relieved from all fear for your reputation, and at the summit of all honour as consul elect, believe me, it is no less laborious a task to preserve those honours and kindnesses, conferred on you by the Roman people, than to acquire them. This city has borne as long as it could, as long as there was no help for it, that kingly sort of sway of yours which you have exercised in the courts of justice, and in every part of the republic. It has borne it, I say. But on the day when the tribunes of the people were restored to the Roman people, all those privileges (if you are not yourself already aware of it) were taken away from you. At this very time the eyes of all men are directed on each individual among us, to see with what good faith I prosecute him, with what scrupulous justice these men judge him, in what manner you defend him.

And in the case of all of us, if any one of us turns aside ever so little from the right path, there will follow, not that silent opinion of men which you were formerly accustomed to despise, but a severe and fearless judgment of the Roman people. You have, O Quintus, no relationship, no connection with that man. In the case of this man you can have none of those excuses with which you formerly used to defend your excessive zeal in any trial. You are bound to take care above all things, that the things which that fellow used to say in the province, when he said that he did all that he was doing out of his confidence in you, shall not be thought to be true.

I feel sure now that I have discharged my duty to the satisfaction of all those who are most unfavourable to me. For I convicted him, in the few hours which the first pleading occupied, in the opinion of every man. The remainder of the trial is not now about my good faith, which has been amply proved, nor about that fellow's way of life, which has bean fully condemned; but it is the judges, and if I am to tell the truth, it is yourself, who will now be passed sentence on. But when will that sentence be passed? For that is a point that must be much looked to, since in all things, and especially in state affairs, the consideration of time and circumstance is of the greatest importance. Why, at that time when the Roman people shall demand another class of men, another order of citizens to act as judges. Sentence will be pronounced in deciding on that law about new judges and fresh tribunals which has been proposed in reality not by the man whose name you see on the back of it, but by this defendant. Verres, I say, has contrived to have this law drawn up and proposed from the hope and opinion which he entertains of you.

Therefore, when this cause was first commenced, that law had not been proposed; when Verres, alarmed at your impartiality, had given many indications that he was not likely to make any reply at all, still no mention was made of that law; when he seemed to pick up a little courage and to fortify himself with some little hope, immediately this law was proposed. And as your dignity is exceedingly inconsistent with this law, so his false hopes and preeminent impudence are strongly in favour of it. In this case, if anything blameworthy be done by any of you, either the Roman people itself will judge that man whom it has already pronounced unworthy of any trial at all; or else those men will judge, who, because of the unpopularity of the existing tribunals, will be appointed as new judges by a new law made respecting the old judges.

For myself, even though I were not to say it myself, who is there who is not aware how far it is necessary for me to proceed? Will it be possible for me to be silent, O Hortensius? Will it be possible for me to dissemble, when the republic has received so severe a wound, that, though I pleaded the cause, our provinces will appear to have been pillaged, our allies oppressed, the immortal gods plundered, Roman citizens tortured and murdered with impunity? Will it be possible for me either to lay this burden on the shoulders of this tribunal, or any longer to endure it in silence? Must not the matter be agitated? must it not be brought publicly forward? Must not the good faith of the Roman people be implored? Must not all who have implicated themselves in such wickedness as to allow their good faith to be tampered with, or to give a corrupt decision, be summoned before the court, and made to encounter a public trial?

Perhaps some one will ask, Are you then going to take upon yourself such a labour, and such violent enmity from so many quarters? Not, of a truth, from any desire of mine, or of my own free will. But I have not the same liberty allowed me that they have who are born of noble family; on whom even when they are asleep all the honours of the Roman people are showered. I must live in this city on far other terms and other conditions. For the case of Marcus Cato, a most wise and active man, occurs to me; who, as he thought that it was better to be recommended to the Roman people by virtue than by high birth, and as he wished that the foundation of his race and name should be hid and extended by himself, voluntarily encountered the enmity of most influential men, and lived in the discharge of the greatest labours to an extreme old age with great credit.