In C. Verrem

Oh! the noble murmur of the crowd in the temple of Bellona! You recollect, O judges, when it was getting towards evening, and when mention had been made a short time before of this disaster at Temsa, when no one was found who could be sent into those districts with a military command, that some one said that Verres was not far from Temsa. You recollect how universally every one murmured; how openly the chief men repudiated the suggestion. And does the man who has been convicted of so many accusations by so many witnesses, now place any hope in the votes of those judges, who have already openly condemned him, even before his cause was heard?

Be it so. He has gained no credit either from any war of the runaway slaves, or from the suspicion of such a war; because there has neither been any such war, nor danger of any such war in Sicily; nor were any precautions taken by him to prevent such a war. But, at all events, against any war of pirates he had a fleet well equipped, and he exhibited extraordinary energy in that matter. And therefore, while he was praetor, the province was admirably defended. I will speak of the war with the pirates, and of the Sicilian fleet, when I have first of all solemnly stated, that with respect to this matter alone, he committed all his most enormous crimes,—crimes of avarice, of treason, of insanity, of lust and of cruelty. I beg of you to give your most diligent attention, as you have hitherto given it, while I briefly detail the events that took place.

In the first place, I say, that the naval affairs were managed, not with the view of defending the province, but of acquiring money under presence of providing a fleet. Though this had been the custom of former praetors, to impose a contribution of ships and of a fixed number of sailors and soldiers on each city, yet you imposed no contribution on the very important and wealthy city of the Mamertines. What money the Mamertines gave you secretly for that indulgence, will be seen hereafter; we will ascertain that from their own letters and witnesses.

But I assert, that a merchant vessel of the largest size, like a trireme, very beautiful, and highly ornamented, was openly built at the public expense, with the knowledge of all Sicily, and given and presented to you by the magistrates and senate of the Mamertines. This ship, laden with Sicilian booty, itself being also a part of that booty, put into Velia, at the same time that he himself left the province laden with many articles, and especially with such as he did not like to send to Rome along with the rest of the fruits of his robberies before he arrived himself, because they were the most valuable, and those which he was most fond of. I myself have lately seen that vessel at Velia, O judges, and many other men have seen it too; a very beautiful and highly ornamented ship, which, indeed, seemed to all who beheld her, to be now looking for the banishment, and to be waiting for the departure of her owner.

What answer will you make to me now? Unless, perhaps, you say what, although it cannot possibly be admitted as an excuse, yet must be urged in a trial for extortion, that that ship was built with your own money. Dare, at least, to say this which is necessary. Do not be afraid, O Hortensius, of my asking how it became lawful for a senator to build a ship? Those are old and dead laws, as you are accustomed to call them, which forbid it. There was such a republic here, once, O judges; there was such strictness in the tribunals, that an accuser would have thought such a transaction worthy to be classed among the most serious crimes. For what did you want of a ship? when, if you were going anywhere on account of the state, ships were provided for you at the public expense, both to convey you, and to guard you? But it is not possible for you to go anywhere on your own private account, nor to send for articles across the sea from those countries in which it is not lawful for you to have any possessions, or any dealings.

Then, why have you prepared anything contrary to the laws? This charge would have had weight in the ancient severity and dignity of the republic. Now, I not only do not accuse you on account of this offence, but I do not even reprove you with an ordinary reprimand. Lastly, did you never think that this would be discreditable to you? did you never think it would be ground for an accusation, or cause for unpopularity, to have a transport openly built for you, in a most frequented place in that province in which you had the supreme command? What did you suppose that they said who saw it? What did you suppose that they thought who heard of it? Did they think that you were going to take that vessel to Italy, empty? that you were going to let it out as a sailing boat, when you got to Rome? No one would even believe that you had in Italy any farm on the coast, and that you were preparing a merchant vessel for the purpose of moving your crops. Did you wish every man's conversation to be such as for men to say openly that you were preparing that ship to carry all your plunder from Sicily, and to go to and fro for the booty which you had left behind?

But, however, I give up and grant the whole of this, if you say that the vessel was built with your money. But, O most demented of men, are you not aware that this ground was cut from under your feet by those very friends of yours, the Mamertines themselves, in the previous pleading? For Heius, the chief man of the city,—the chief man of that deputation which was sent to utter a panegyric on you, said that the ship had been built for you by the public labour of the Mamertines, and that a Mamertine Senator had been appointed by public authority to superintend the building of it. The only thing that remains is the materials. And this you yourself compelled the Rhegians to furnish at the public expense, as they say themselves (not that you can deny it), because the Mamertines have no proper materials. If both the materials of which the vessel is built, and if those who built it, were provided by your authority, not at your expense, what, then, is the secret thing which you say was paid for with your money? Oh! but the Mamertines have no enemies respecting it in their public accounts.

In the first place, I can understand that it may be possible that they did not disburse any money out of the treasury. In fact, even the Capitol, as it was built in the time of our ancestors, was able to be built and completed by public authority, but without any public payment, workmen being pressed into the service, and a fair quota of work being exacted from each person respectively. In the next place, I see this also, (which I will prove when I produce my witnesses, from the accounts of the Mamertines themselves,) that a great deal of money was spent by that man which was entered as paid for imaginary contracts for works that never existed. For it is not at all strange that the Mamertines should in their accounts have shown a regard for that man's safety, from whom they had received the greatest benefits, and whom they had known to be much more friendly to them than he was to the Roman people. But if it is any argument that the Mamertines did not give you money, because they have not got it down in their accounts, let it be an argument also that the ship cost you nothing, because you have no entry to produce of having bought it, or having made a contract with any one to build it for you.

Oh! but you did not command the Mamertines to furnish a ship, because they are one of the confederate cities. Thank God, we have a man trained by the hands of the Fetiales; [*](The Fetiales were a college of Roman priests, who acted as the guardians of the public faith; it was their province to determine the circumstances under which satisfaction was to be demanded from, or hostilities declared against any foreign state. They were the especial arbiters of peace, of war, and of treaties. Their number was probably twenty. They were selected from the most noble families, and their office was held for life. The name is of uncertain derivation—See Smith, Dict. Ant. p. 416, in voce.) a man above all others pious and careful in all that belongs to public religion. Let all the men who have been praetors before you be given up to the Mamertines, because they have commanded them to furnish ships contrary to the provisions of the treaty. But still you, O you pious and scrupulous man, how was it that you commanded the people of Tauromenium, which is also a confederate city, to furnish a ship? Will you make any one believe that, while the case of both the states was exactly the same, the law that you administered, and the condition in which you left each, was so different, without money being the cause of the difference?

What, if I prove, O judges, that these two treaties with the two states were of such a nature, that in the case of the people of Tauromenium it was expressly provided for and guarded against in the treaty, “that they were not bound to furnish a vessel;” but that in the case of the Mamertines it was set down and written in the treaty itself, “that they were bound to furnish a vessel;” but that Verres, in opposition to both treaties, compelled the Tauromenians to furnish one, and excused the Mamertines? Can it, then, be doubtful to any one that, while Verres was praetor, that merchant-vessel was a greater assistance to the Mamertines than the treaty was to the Tauromenians? Let the treaties be read. [The treaties of the Mamertines and the Tauromenians with the Roman people are read.] By that act therefore, of kindness, as you call it—of corruption and dishonesty, as the case itself proves,—you detracted from the majesty of the republic, you diminished the reinforcements of the Roman people—you diminished their resources, acquired by the valour and wisdom of their ancestors; you destroyed their imperial rights, and the terms on which the allies became such, and all recollection of the treaty. They who by the express words of the treaty were bound to send at their own expense and risk a ship properly armed and equipped with everything necessary, even as far as the ocean if we ordered them to do so, those men bought from you for money a release from the terms of the treaty, and a release from the lights of sovereignty which we had over them, so as to be excused from even sailing in that narrow sea before their own houses and homes, from defending their own walls and harbours.

How much labour, and trouble, and money, do you suppose the Mamertines at the time of making this treaty would willingly have devoted to the object of preventing this bireme from being mentioned in it, if they could by any possibility have obtained such a favour from our ancestors? For when this heavy burden was imposed on the city, there was contained somehow or other in that treaty of alliance some badge, as it were, of slavery. That which then, when their services were recent, before the matter was finally determined, when the Roman people were in no difficulties, they could not obtain by treaty from our ancestors; that now, when they have done us no new service, after so many years,—now that it has been enforced every year by our right of sovereignty, and has been invariably observed—now, I say, when we are in great want of vessels, they have obtained from Caius Verres by bribery. Oh! but this is all that they have gained, exemption from furnishing a ship! Have the Mamertines for the last three years furnished one sailor, one soldier, to serve either in fleet or in garrison, all the time you have been praetor?

Lastly, when according to the resolution of the senate, and also according to the Terentian and Cassian law, corn was to be bought in equal proportions from all the cities of Sicily, from that light burden also, which they shared too with all the other cities, you relieved the Mamertines.—You will say that the Mamertines do not owe corn. How do not owe corn? Do you mean to say they were not bound to sell us corn? For this corn was not a contribution to be exacted, but a supply to be purchased. By your permission, then, by your interpretation of the treaty, the Mamertines were not bound to assist the Roman people, even by supplying their markets, and furnishing them with provisions.

And what city, then, was bound to supply these things? As for those who cultivate the public domains, it is settled what they are bound to furnish by the Censorian Law. Why did you exact from them anything besides that in another class of contribution? What? Do those who are liable to the payment of tenths owe anything more than a single tenth, according to the Law of Hiero? Why have you fixed in their case also how much corn they were to be bound to sell to us, that being another description of contribution? Those who are exempt undoubtedly owe nothing. But you not only exacted this from them, but even by way of making them give more than they possibly could, you added to their burden those sixty thousand modii from which you excused the Mamertines. And this is not what I say, that this was not rightly exacted from the others; what I say is, that it was a scandalous thing to excuse the Mamertines, whose case was exactly the same, and from whom all previous praetors had exacted the same contribution that they did from the rest, and had paid them for it according to the resolution of the senate, and the law. And in order to drive in this indulgence with a big nail, as one may say, he takes cognisance of the cause of the Mamertines while sitting on the bench with his assessors, and pronounces judgment, that he, according to the decision of the bench, does not demand any corn from the Mamertines.

Listen to the decree of the mercenary praetor from his own note-book; and take notice how great his gravity is in framing a degree, how great his dignity is in pronouncing it. Read the next memorandum of his decrees. [The decree, extracted from Verres's note-book, is read.] He says, “that he does this willingly,” and therefore he makes the entry in his book. What then? suppose you had not used this word “willingly,” should we, forsooth, have supposed that you made this profit unwillingly? “And by the advice of the bench;” you have heard a fair list of the assessors read to you, O judges Did it seem to you, when you heard their names, that a list of assessors to a praetor was being read, or a roll of the troop and company of a most infamous bandit?

Here are interpreters of treaties, settlers of the terms of alliances, authorities as to religious obligations! Corn was never bought in Sicily by public order, without the Mamertines being ordered to furnish their just proportion, till that fellow appointed this select and admirable bench of his, in order to get money from them, and to act up to his invariable character. Therefore, that decree had just the weight that the authority of that man ought to have, who sold a decree to those men from whom it had been his duty to buy corn. For Lucius Metellus, the moment he arrived as his successor, required corn of the Mamertines, according to the regulations and appointment of Caius Sacerdos and Sextus Peducaeus.

Then the Mamertines perceived that they could not longer retain the privilege which they had bought from its unprincipled author. Come now, you, who were desirous to be thought such a scrupulous interpreter of treaties, tell us why you compelled the Tauromenians and the Netians to furnish corn; for both of those are confederate cities. And the Netians were not wanting to themselves, for as soon as you pronounced your decision that you willingly excused the Mamertines, they came before you, and proved to you that their case under the treaty was exactly the same. You could not make a different decree in a case which was identical with the other. You pronounce that the Netians are not bound to furnish corn, and still you exact it from them. Give me the papers of this same praetor referring to his decrees, and to the corn that was ordered to be supplied, and to the wheat that was bought. [The papers of the praetor referring to the decrees, to the corn ordered to be supplied, and to the wheat purchased, are read.] In a case of such enormous and shameful inconsistency, what can we suspect, O judges, rather than that which is inevitable; either that money was not given to him by the Netians when he demanded it, or else that the Mamertines were given to understand that they had disposed of all their bribes and presents very advantageously, when others, whose case was identical with theirs, could not obtain the same privileges?

Will he here again venture to make mention to me of the panegyric of the Mamertines? for who is there of you, O judges, who is not aware how many weapons that furnishes against him? In the first place, as in courts of justice it is more respectable for a man who cannot produce ten witnesses to speak to his character, to produce none at all, than not to complete the number made as it were legitimate by usage; so there are a great many cities in Sicily over which you were governor for three years; almost all the rest accuse you; a few insignificant ones, kept back by fear, say nothing; one speaks in your favour. What does all this show except that you are aware how advantageous genuine evidence to a person's character is; but that, nevertheless, your administration of the province was such that you are forced of necessity to do without that advantage?

In the next place, as I said before on another occasion, what sort of a panegyric is that, when the chief men of the deputation commissioned to utter it, stated, both that a ship had been built for you at the public expense, and also that they themselves had been plundered and pillaged by you in respect of their private property? Lastly, what else is it that these people do, when they are the only people in all Sicily who praise you, beyond proving to us that you gave them everything of which you robbed our republic? What colony is there in Italy in possession of such privileges, what municipality is there enjoying such immunities, as to have had for all these years such a profitable exemption from all burdens, as the city of the Mamertines has had for three years? They alone have not given what they were bound to give according to the treaties; they alone, as long as that man was praetor, enjoyed immunity from all burdens; they alone under that man's authority lived in such a condition that they gave nothing to the Roman people, and refused nothing to Verres.

But to return to the fleet, from which topic I have been digressing; you accepted a ship from the Mamertines contrary to the laws; you granted them relaxation contrary to the treaties; so that you behaved like a rogue twice in the case of one city, as you both granted indulgences which you had no right to grant, and accepted what it was not lawful for you to accept. You ought to have exacted a ship from them fit to sail against robbers, not to carry off the produce of your robberies; one which might have defended the province from being despoiled, not one that was to bear away the fresh spoils of the province. The Mamertines gave you both a city to which you might carry all the plunder you amassed from all quarters, and also a ship, in which you might take it away. That town was a receptacle for your plunder, those men were the witnesses to and guardians of your plunder; they supplied to you both a repository for your thefts, and a conveyance for them. In consequence, even when you had lost a fleet by your own avarice and worthlessness, you did not venture to require a ship of the Mamertines, at a time when our want of ships was so excessive, and the distress of the province so great, that, even if it had been necessary to beg as supplicants for a ship, they would have granted it. But all your power either of commanding a vessel to be furnished, or of begging for one, was crippled, not by the bireme supplied to the Roman people, but by that splendid merchant vessel given to the praetor. That was the price of your authority, of the reinforcement they were bound to supply, of exemption from the requirements of law, and usage, and of the treaty.

You have now the case of the trusty assistance of one city lost to us and sold. Now listen to a new system of robbery first invented by Verres. Each city was always accustomed to give to its admiral the money necessary for the expense of the fleet, for provisions, for pay, and for all such things. The admiral did not dare to give the sailors any ground for accusing him, and was, besides, bound to render an account of the money to his fellow-citizens. In the whole business all the trouble and all the risk was his. This, I say, was the regular course not only in Sicily, but in every province, even in the case of the pay and expense of the Latin allies, at the time when we were accustomed to employ their assistance. Verres was the first man, ever since our dominion was established, who ordered that all that money should be paid to him by the cities, in order that whoever he chose to appoint might have the handling of that money.