---
title: "Against Caecilius · Divinatio in Q. Caecilium"
author: "Cicero"
translator: "Charles Duke Yonge"
languages: [la, en]
shelf: "Classical Latin"
url: https://scriptura.si/works/cicero-divinatio-in-caecilium/
cite: "Cicero, tr. Charles Duke Yonge, Against Caecilius · Divinatio in Q. Caecilium. Scriptura (scriptura.si), https://scriptura.si/works/cicero-divinatio-in-caecilium/"
---

# Against Caecilius · Divinatio in Q. Caecilium

*Cicero, tr. Charles Duke Yonge*

Who should prosecute Verres? Cicero argues that the Sicilians chose him.

> Latin: ed. William Peterson, from the Perseus Digital Library (canonical-latinLit, phi0474.phi004, CC BY-SA 4.0).

> English: Charles Duke Yonge, from the Perseus Digital Library (phi0474.phi004.perseus-eng2). Notes are not included.

> Rows follow the references the two texts share (chapters and sections), cut where both reach the end of a sentence.

## Contents

1. [Sections 4–38](https://scriptura.si/works/cicero-divinatio-in-caecilium/1.md)
2. [Sections 39–73](https://scriptura.si/works/cicero-divinatio-in-caecilium/2.md)

## 1. Sections 4–38

Source: https://scriptura.si/works/cicero-divinatio-in-caecilium/1/ · cite a paragraph as https://scriptura.si/works/cicero-divinatio-in-caecilium/1/#p-N

[¶0] The provinces of the quaestors being distributed to them by lot, the province of Sicily fell to Cicero; Sextus Peducaeus being the praetor. In his discharge of the duties of his office he very much ingratiated himself with the Sicilians, and at his departure he assured them of his assistance in whatever business they might have at Rome. Three years after his return from Sicily he was elected to the aedileship, being now in his thirty-seventh year the earliest age at which a man could be aedile. Before his entrance into this office he undertook the prosecution of Caius Verres, late praetor of Sicily, who was accused of having treated the Sicilians with the greatest rapacity and tyranny. All the cities of Sicily concurred in this prosecution except Syracuse and Messana, as Verres had kept on good terms with them through fear of their riches and influence. The other towns all by a joint petition to Cicero entreated him to take the management of the prosecution, and he consented; Verres was supported by the Scipios, by the Metelli, and Hortensius. As soon as Cicero had agreed to undertake the management of the business, Quintus Caecilius Niger came forth, a Sicilian by birth, who had been quaestor to Verres, and (being in reality the tool of Verres, and making this demand in order to stifle the prosecution) demanded that the management of it should be entrusted to him; partly on the ground that he was a Sicilian, partly because he was, as he stated, a personal enemy of Verres, also he alleged, that having been his quaestor in Sicily, he knew better than Cicero could know the crimes which Verres really had committed. Cicero replies to this with many reasons why the conduct of the prosecution should be committed to him, especially because he did not volunteer to take it up, but is urged by a sense of duty, being begged to do so by all the Sicilians; and also because he is in ever, respect well able to conduct it, from his acquaintance with the count and with the Sicilians. There is some question why this speech is called Divinatio, and different reasons have been alleged for it; some saying that it is because it refers to what is to be done, not to what has been done: others, that it is so called because no witnesses and no documents are produced, and the judges, having to decide on the arguments of the speakers alone, are forced to guess their way. Cicero carried his point, and the prosecution was entrusted to him. If any one of you, O judges, or of these who are present here, marvels perhaps at me, that I, who have for so many years been occupied in public causes and trials in such a manner that I have defended many men but have prosecuted no one could now on a sudden change my usual purpose, and descend to act as accuser;—he, if he becomes acquainted with the cause and reason of my present intention, will both approve of what I am doing, and will think, I am sure, that no one ought to be preferred to me as manager of this cause. As I had been quaestor in Sicily, O judges, and had departed for that province so as to leave among all the Sicilians a pleasing and lasting recollection of my quaestorship and of my name, it happened, that while they thought their chief protection lay in many of their ancient patrons, they thought there was also some support for their fortunes secured in me, who, being now plundered and harassed, have all frequently come to me by the public authority, entreating me to undertake the cause and the defence of all their fortunes. They say that I repeatedly promised and repeatedly assured them, that, if any time should arrive when they wanted anything of me, I would not be wanting to their service. They said that the time had come for me to defend not only the advantages they enjoyed, but even the life and safety of the whole province, that they had now not even any gods in their cities to whom they could flee, because Caius Verres had carried off their most sacred images from the very holiest temples. That whatever luxury could accomplish in the way of vice, cruelty in the way of punishment, avarice in the way of plunder, or arrogance in the way of insult, had all been borne by them for the last three years, while this one man was praetor. That they begged and entreated that I would not reject them as suppliants, who, while I was in safety, ought to be suppliants to no one.

> Latin: quis vestrum, iudices, aut eorum qui adsunt, forte miratur me, qui tot annos in causis iudiciisque publicis ita sim versatus ut defenderim multos, laeserim neminem, subito nunc mutata voluntate ad accusandum descendere, is, si mei consili causam rationemque cognoverit, una et id quod facio probabit, et in hac causa profecto neminem praeponendum mihi esse actorem putabit. Cum quaestor in Sicilia fuissem, iudices, itaque ex ea provincia decessissem ut Siculis omnibus iucundam diuturnamque memoriam quaesturae nominisque mei relinquerem, factum est uti cum summum in veteribus patronis multis, tum non nullum etiam in me praesidium suis fortunis constitutum esse arbitrarentur. nunc populati atque vexati cuncti ad me publice saepe venerunt, ut suarum fortunarum omnium causam defensionemque susciperem. saepe esse pollicitum, saepe ostendisse dicebant, si quod tempus accidisset, quo tempore aliquid a me requirerent, commodis eorum me non defuturum. tempus aiebant non iam ut commoda sua, sed ut vitam salutemque totius provinciae defenderem; sese iam ne deos quidem in suis urbibus ad quos confugerent habere, quod eorum simulacra sanctissima C. Verres ex delubris religiosissimis sustulisset; quas res luxuries in flagitiis, crudelitas in suppliciis, avaritia in rapinis, superbia in contumeliis efficere potuisset, eas omnis sese hoc uno praetore per triennium pertulisse; rogare et orare ne illos supplices aspernarer quos me incolumi nemini supplices esse oporteret.

[¶1] 4. I was vexed and distressed, O judges, at being brought into such a strait, as to be forced either to let those men's hopes deceive them who had entreated succour and assistance of me, or else, when I had from my very earliest youth devoted myself entirely to defending men, to be now, under the compulsion of the occasion and of my duty, transferred to the part of an accuser. I told them that they had an advocate in Quintus Caecilius, who had been quaestor in the same province after I was quaestor there. But the very thing which I thought would have been an assistance to me in getting rid of this difficulty, was above all things a hindrance to me; for they would have much more easily excused me if they had not known him, or if he had never been among them as quaestor.

> Latin: 4. graviter et acerbe, iudices, in eum me locum adduci ut aut eos homines spes falleret qui opem a me atque auxilium petissent, aut ego, qui me ad defendendos homines ab ineunte adulescentia dedissem, tempore atque officio coactus ad accusandum traducerer. habere eos actorem Q. Caecilium, qui praesertim quaestor in eadem provincia post me quaestorem fuisset. ego adiumento sperabam hanc a me posse molestiam demoveri, id mihi erat adversarium maxime; nam illi multo mihi hoc facilius remisissent si istum non nossent, aut si iste apud eos quaestor non fuisset.

[¶2] 5. I was induced, O judges, by the considerations of duty, good faith, and pity; by the example of many good men; by the ancient customs and habits of our ancestors, to think that I ought to take upon myself this burden of labour and duty, not for any purpose of my own, but in the time of need to my friends. In which business, however, this fact consoles me, O judges, that this pleading of mine which seems to be an accusation is not to be considered an accusation, but rather a defence. For I am defending many men, many cities, the whole province of Sicily. So that, if one person is to be accused by me, I still almost appear to remain firm in my original purpose, and not entirely to have given up defending and assisting men.

> Latin: 5. sum, iudices, officio, fide, misericordia, multorum bonorum exemplo, vetere consuetudine institutoque maiorum, ut onus huius laboris atque offici non ex meo, sed ex meorum necessariorum tempore mihi suscipiendum putarem. in negotio tamen illa me res, iudices, consolatur, quod haec quae videtur esse accusatio mea non potius accusatio quam defensio est existimanda. enim multos mortalis, multas civitates, provinciam Siciliam totam; quam ob rem, quia mihi unus est accusandus, prope modum manere in instituto meo videor et non omnino a defendendis hominibus sublevandisque discedere.

[¶3] 6. But if I had this cause so deserving, so illustrious, and so important; if either the Sicilians had not demanded this of me, or I had not had such an intimate connection with the Sicilians; and if I were to profess that what I am doing I am doing for the sake of the republic, in order that a man endowed with unprecedented covetousness, audacity, and wickedness,—whose thefts and crimes we have known to be most enormous and most infamous, not in Sicily alone, but in Achaia, in Asia, in Cilicia, in Pamphylia, and even at Rome, before the eyes of all men,—should be brought to trial by my instrumentality, still, who would there be who could find fault with my act or my intention?

> Latin: 6. hanc causam tam idoneam, tam inlustrem, tam gravem non haberem,— si aut hoc a me Siculi non petissent aut mihi cum Siculis causa tantae necessitudinis non intercederet, et hoc quod facio me rei publicae causa facere profiterer, ut homo singulari cupiditate, audacia, scelere praeditus, cuius furta atque flagitia non in Sicilia solum, sed in Achaia, Asia, Cilicia, Pamphylia, Romae denique ante oculos omnium maxima turpissimaque nossemus, me agente in iudicium vocaretur,—quis tandem esset qui meum factum aut consilium posset reprehendere?

[¶4] 7. What is there, in the name of gods and men! by which I can at the present moment confer a greater benefit on the republic? What is there which either ought to be more pleasing to the Roman people, or which can be more desirable in the eves of the allies and of foreign nations, or more adapted to secure the safety and fortunes of all men? The provinces depopulated, harassed, and utterly overturned; the allies and tributaries of the Roman people afflicted and miserable, are seeking now not for any hope of safety, but for comfort in their destruction.

> Latin: 7. est, pro deum hominumque fidem, in quo ego rei publicae plus hoc tempore prodesse possim? est quod aut populo Romano gratius esse debeat, aut sociis exterisque nationibus optatius esse possit, aut saluti fortunisque omnium magis accommodatum sit?, vexatae, funditus eversae provinciae, socii stipendiariique populi Romani adflicti, miseri, iam non salutis spem sed solacium exiti quaerunt.

[¶5] 8. They who wish the administration of justice still to remain in the hands of the senatorial body, complain that they cannot procure proper accusers; those who are able to act as accusers, complain of the want of impartiality in the decisions. In the meantime the Roman people, although it suffers under many disadvantages and difficulties, yet desires nothing in the republic so much as the restoration of the ancient authority and importance to the courts of law. It is from a regret at the state of our courts of law that the restoration of the power of the tribunes is so eagerly demanded again. It is in consequence of the uncertainty of the courts of law, that another class is demanded to determine law-suits; owing to the crimes and infamy of the judges, even the office of censor, which formerly was used to be accounted too severe by the people, is now again demanded, and has become popular and praiseworthy.

> Latin: 8. iudicia manere apud ordinem senatorium volunt, queruntur accusatores se idoneos non habere: qui accusare possunt, iudiciorum severitatem desiderant. Romanus interea, tametsi multis incommodis difficultatibusque adfectus est, tamen nihil aeque in re publica atque illam veterem iudiciorum vim gravitatemque requirit. desiderio tribunicia potestas efflagitata est, iudiciorum levitate ordo quoque alius ad res iudicandas postulatur, iudicum culpa atque dedecore etiam censorium nomen, quod asperius antea populo videri solebat, id nunc poscitur, id iam populare et plausibile factum est.

[¶6] 9. In a time of such licentiousness on the part of the wicked, of daily complaint on the part of the Roman people, of dishonour in the courts of law, of unpopularity of the whole senate, as I thought that this was the only remedy for these numerous evils, for men who were both capable and upright to undertake the cause of the republic and the laws, I confess that I, for the sake of promoting the universal safety, devoted myself to upholding that part of the republic which was in the greatest danger.

> Latin: 9. hac libidine hominum nocentissimorum, in populi Romani cotidiana querimonia, iudiciorum infamia, totius ordinis offensione, cum hoc unum his tot incommodis remedium esse arbitrarer, ut homines idonei atque integri causam rei publicae legumque susciperent, fateor me salutis omnium causa ad eam partem accessisse rei publicae sublevandae quae maxime laboraret.

[¶7] 10. Now that I have shown the motives by which I was influenced to undertake the cause, I must necessarily speak of our contention, that, in appointing an accuser, you may have some certain line of conduct to follow. I understand the matter thus, O judges:—when any man is accused of extortion, if there be a contest between any parties as to who may best be entrusted with the prosecution, these two points ought to be regarded most especially; first, whom they, to whom the injury is said to have been done, wish most to be their counsel; and secondly, whom he, who is accused of having done those injuries, would least wish to be so.

> Latin: 10. quoniam quibus rebus adductus ad causam accesserim demonstravi, dicendum necessario est de contentione nostra, ut in constituendo accusatore quid sequi possitis habeatis. sic intellego, iudices: cum de pecuniis repetundis nomen cuiuspiam deferatur, si certamen inter aliquos sit cui potissimum delatio detur, haec duo in primis spectari oportere, quem maxime velint actorem esse ii quibus factae esse dicantur iniuriae, et quem minime velit is qui eas iniurias fecisse arguatur.

[¶8] 11. In this cause, O judges, although I think both these points plain, yet I will dilate upon each, and first on that which ought to have the greatest influence with you, that is to say, on the inclination of those to whom the injuries have been done; of those for whose sake this trial for extortion has been instituted. Caius Verres is said for three years to have depopulated the province of Sicily, to have desolated the cities of the Sicilians, to have made the houses empty, to have plundered the temples. The whole nation of the Sicilians is present, and complains of this. They fly for protection to my good faith, which they have proved and long known; they entreat assistance for themselves from you and from the laws of the Roman people through my instrumentality; they desire me to be their defender in these their calamities; they desire me to be the avenger of their injuries, the advocate of their rights, and the pleader of their whole cause.

> Latin: 11. hac causa, iudices, tametsi utrumque esse arbitror perspicuum, tamen de utroque dicam, et de eo prius quod apud vos plurimum debet valere, hoc est de voluntate eorum quibus iniuriae factae sunt; quorum causa iudicium de pecuniis repetundis est constitutum. Siciliam provinciam C. Verres per triennium depopulatus esse, Siculorum civitates vastasse, domos exinanisse, fana spoliasse dicitur., queruntur Siculi universi; ad meam fidem, quam habent spectatam iam et cognitam, confugiunt; auxilium sibi per me a vobis atque a populi Romani legibus petunt; me defensorem calamitatum suarum, me ultorem iniuriarum, me cognitorem iuris sui, me actorem causae totius esse voluerunt.

[¶9] 12. Will you, O Quintus Caecilius, say this, that I have not approached the cause at the request of the Sicilians? or that the desire of those most excellent and most faithful allies ought not to be of great influence with these judges? If you dare to say that which Caius Verres, whose enemy you are pretending to be, wishes especially to be believed,—that the Sicilians did not make this request to me,—you will in the first place be supporting the cause of your enemy, against whom it is considered that no vague presumption, but that an actual decision has been come to, in the fact that has become notorious, that all the Sicilians have begged for me as their advocate against his injuries.

> Latin: 12. Vtrum, Q. Caecili, hoc dices, me non Siculorum rogatu ad causam accedere, an optimorum fidelissimorumque sociorum voluntatem apud hos gravem esse non oportere? id audebis dicere, quod C. Verres, cui te inimicum esse simulas, maxime existimari vult, Siculos hoc a me non petisse, primum causam inimici tui sublevabis, de quo non praeiudicium, sed plane iudicium iam factum putatur, quod ita percrebruit, Siculos omnis actorem suae causae contra illius iniurias quaesisse.

[¶10] 13. If you, his enemy, deny that this is the case, which he himself to whom the fact is most injurious does not dare to deny, take care lest you seem to carry on your enmity in too friendly a manner. In the second place, there are witnesses, the most illustrious men of our state, all of whom it is not necessary that I should name, those who are present I will appeal to; while, if I were speaking falsely, they are the men whom I should least wish to be witnesses of my impudence. He, who is one of the assessors on this bid, Caius Marcellus, knows it; he, whom I see here present, Cnaeus Lentulus Marcellinus, knows it; on whose good faith and protection the Sicilians principally depend, because the whole of that province is inalienably connected with the name of the Marcelli.

> Latin: 13. si tu, inimicus eius, factum negabis, quod ipse, cui maxime haec res obstat, negare non audet, videto ne nimium familiariter inimicitias exercere videare. sunt testes viri clarissimi nostrae civitatis, quos omnis a me nominari non est necesse: eos qui adsunt appellabo, quos, si mentirer, testis esse impudentiae meae minime vellem. is qui est in consilio, C. Marcellus, scit is quem adesse video, Cn. Lentulus Marcellinus; quorum fide atque praesidio Siculi maxime nituntur, quod omnino Marcellorum nomini tota illa provincia adiuncta est.

[¶11] 14. These men know that this request was not only made to me, but that it was made so frequently and with such earnestness, that I had no alternative except either to undertake the cause, or to repudiate the duty of friendship. But why do I cite these men as witnesses, as if the matter were doubtful or unknown? Most noble men are present here from the whole province, who being present, beg and entreat you, O judges, not to let your judgment differ from their judgment in selecting an advocate for their cause. Deputations from every city in the whole of Sicily, except two, are present; and if deputations from those two were present also, two of the very most serious of the crimes would be lessened in which these cities are implicated with Caius Verres.

> Latin: 14. sciunt hoc non modo a me petitum esse, sed ita saepe et ita vehementer esse petitum ut aut causa mihi suscipienda fuerit aut officium necessitudinis repudiandum. quid ego his testibus utor, quasi res dubia aut obscura sit? homines ex tota provincia nobilissimi, qui praesentes vos orant atque obsecrant, iudices, ut in actore causae suae deligendo vestrum iudicium ab suo iudicio ne discrepet. civitatum totius Siciliae legationes adsunt praeter duas civitates; quarum duarum si adessent, duo crimina vel maxima minuerentur quae cum his civitatibus C. Verri communicata sunt.

[¶12] 15. But why have they entreated this protection from me above all men? If it were doubtful whether they had entreated it from me or not, I could tell why they had entreated it; but now, when it is so evident that you can see it with your eyes, I know not why it should be any injury to me to have it imputed to me that I was selected above all men.

> Latin: 15. enim cur a me potissimum hoc praesidium petiverunt? esset dubium petissent necne, dicerem cur petissent: nunc vero, cum id ita perspicuum sit ut oculis iudicare possitis, nescio cur hoc mihi detrimento esse debeat, si id mihi obiciatur, me potissimum esse delectum.

[¶13] 16. But I do not arrogate any such thing to myself, and I not only do not say it, but I do not wish even to leave any one to believe that I have been preferred to every possible advocate. That is not the fact but a consideration of the opportunities of each individual and of his health, and of his aptitude for conducting this cause, has been taken into account. My desire and sentiments on this matter have always been these, that I would rather that any one of those who are fit for it should undertake it than I; but I had rather that I should undertake it myself than that no one should.

> Latin: 16. id mihi non sumo, iudices, et hoc non modo in oratione mea non pono, sed ne in opinione quidem cuiusquam relinquo, me omnibus patronis esse praepositum. ita est; sed unius cuiusque temporis, valetudinis, facultatis ad agendum ducta ratio est. fuit semper haec in hac re voluntas et sententia, quemvis ut hoc mallem de iis qui essent idonei suscipere quam me, me ut mallem quam neminem.

[¶14] 17. The next thing is, since it is evident that the Sicilians have demanded this of me, for us to inquire whether it is right that this fact should have any influence on you and on your judgments; whether the allies of the Roman people, your suppliants, ought to have any weight with you in a matter of extortion committed on themselves. And why need I say much on such a point as this? as if there were any doubt that the whole law about extortion was established for the sake of the allies.

> Latin: 17. est iam ut illud quaeramus, cum hoc constet, Siculos a me petisse, ecquid hanc rem apud vos animosque vestros valere oporteat, ecquid auctoritatis apud vos in suo iure repetundo socii populi Romani, supplices vestri, habere debeant. quo quid ego plura commemorem? quasi vero dubium sit quin tota lex de pecuniis repetundis sociorum causa constituta sit;

[¶15] 18. For when citizens have been robbed of their money, it is usually sought to be recovered by civil action and by a private suit. This is a law affecting the allies,—this is a right of foreign nations. They have this fortress somewhat less strongly fortified now than it was formerly, but still if there be any hope left which can console the minds of the allies, it is all placed in this law. And strict guardians of this law have long since been required, not only by the Roman people, but by the most distant nations.

> Latin: 18. nam civibus cum sunt ereptae pecuniae, civili fere actione et privato iure repetuntur. lex socialis est, hoc ius nationum exterarum est, hanc habent arcem, minus aliquanto nunc quidem munitam quam antea, verum tamen si qua reliqua spes est quae sociorum animos consolari possit, ea tota in hac lege posita est; cuius legis non modo a populo Romano, sed etiam ab ultimis nationibus iam pridem severi custodes requiruntur.

[¶16] 19. Who then is there who can deny that it is right that the trial should be conducted according to the wish of those men for whose sake the law has been established? All Sicily, if it could speak with one voice, would say this:—“All the gold, all the silver, all the ornaments which were in my cities, in my private houses, or in my temples,—all the rights which I had in any single thing by the kindness of the senate and Roman people,—all that you, O Caius Verres, have taken away and robbed me of, on which account I demand of you a hundred million of sesterces according to the law.” If the whole province, as I have said, could speak, it would say this, and as it could not speak, it has of its own accord chosen an advocate to urge these points, whom it has thought suitable.

> Latin: 19. ergo est qui neget oportere eorum arbitratu lege agi quorum causa lex sit constituta? Sicilia tota si una voce loqueretur, hoc diceret: “auri, quod argenti, quod ornamentorum in meis urbibus, sedibus, delubris fuit, quod in una quaque re beneficio senatus populique Romani iuris habui, id mihi tu, C. Verres, eripuisti atque abstulisti; quo nomine abs te sestertium miliens ex lege repeto.” universa, ut dixi, provincia loqui posset, hac voce uteretur: quoniam id non poterat, harum rerum actorem quem idoneum esse arbitrata est ipsa delegit.

[¶17] 20. In a matter of this sort, will any one be found so impudent as to dare to approach or to aspire to the conduct of the cause of others against the will of those very people whose affairs are involved in it? If, O Quintus Caecilius, the Sicilians were to say this to you,—we do not know you—we know not who you are, we never saw you before; allow us to defend our fortunes through the instrumentality of that man whose good faith is known to us; would they not be saying what would appear reasonable to every one? But now they say this—that they know both the men, that they wish one of them to be the defender of their cause, that they are wholly unwilling that the other should be.

> Latin: 20. eius modi re quisquam tam impudens reperietur qui ad alienam causam, invitis iis quorum negotium est, accedere aut adspirare audeat? tibi, Q. Caecili, hoc Siculi dicerent: “non novimus, nescimus qui sis, numquam te antea vidimus; sine nos per eum nostras fortunas defendere cuius fides est nobis cognita,” nonne id dicerent quod cuivis probare deberent? hoc dicunt, utrumque se nosse; alterum se cupere defensorem esse fortunarum suarum, alterum plane nolle.

[¶18] 21. Even if they were silent they would say plainly enough why they are unwilling. But they are not silent; and yet will you offer yourself, when they are most unwilling to accept you! Will you still persist in speaking in the cause of others? Will you still defend those men who would rather be deserted by every one than defended by you? Will you still promise your assistance to those men who do neither believe that you wish to give it for their sake, nor that, if you did wish it, you could do it? Why do you endeavour to take away from them by force the little hope for the remainder of their fortunes which they still retain, built upon the impartiality of the law and of this tribunal? Why do you interpose yourself expressly against the will of those whom the law directs to be especially consulted? Why do you now openly attempt to ruin the whole fortunes of those of whom you did not deserve very well when in the province? Why do you take away from them, not only the power of prosecuting their rights, but even of bewailing their calamities?

> Latin: 21. nolint, etiamsi taceant, satis dicunt; verum non tacent. iis invitissimis te offeres? tamen in aliena causa loquere? tamen eos defendes qui se ab omnibus desertos potius quam abs te defensos esse malunt? tamen iis operam tuam pollicebere qui te neque velle sua causa nec, si cupias, posse arbitrantur? eorum spem exiguam reliquarum fortunarum, quam habent in legis et in iudici severitate positam, vi extorquere conaris? cur te interponis invitissimis iis quibus maxime lex consultum esse vult? cur, de quibus in provincia non optime es meritus, eos nunc plane fortunis omnibus conaris evertere? cur iis non modo persequendi iuris sui, sed etiam deplorandae calamitatis adimis potestatem?

[¶19] 22. If you are their counsel, whom do you expect to come forward of those men who are now striving, not to punish some one else by your means, but to avenge themselves on you yourself, through the instrumentality of some one or other? But this is a well established fact, that the Sicilians especially desire to have me for their counsel; the other point, no doubt, is less clear,—namely, by whom Verres would least like to be prosecuted! Did any one ever strive so openly for any honour, or so earnestly for his own safety, as that man and his friends have striven to prevent this prosecution from being entrusted to me? There are many qualities which Verres believes to be in me, and which he knows, O Quintus Caecilius, do not exist in you: and what qualities each of us have I will mention presently;

> Latin: 22. te actore quem eorum adfuturum putas, quos intellegis non ut per te alium, sed ut per alium aliquem te ipsum ulciscantur laborare? enim solum id est, ut me Siculi maxime velint: alterum illud, credo, obscurum est, a quo Verres minime se accusari velit. umquam tam palam de honore, tam vehementer de salute sua contendit quam ille atque illius amici ne haec mihi delatio detur? multa quae Verres in me esse arbitratur, quae scit in te, Caecili, non esse; quae cuius modi in utroque nostrum sint, paulo post commemorabo;

[¶20] 23. at this moment I will only say this, which you must silently agree to, that there is no quality in me which he can despise, and none in you which he can fear. Therefore, that great defender and friend of his votes for you and opposes me; he openly solicits the judges to have you preferred to me; and he says that he does this honestly, without any envy of me, and without any dislike to me. “For,” says he, “I am now asking for that which I usually obtain when I strive for it earnestly. I am not asking to have the defendant acquitted; but I am asking this, that he may be accused by the one man rather than by the other. Grant me this; grant that which is easy to grant, and honourable, and by no means invidious; and when you have granted that, you will, without any risk to yourself, and without any discredit, have granted that he shall be acquitted in whose cause I am labouring.”

> Latin: 23. nunc tantum id dicam quod tacitus tu mihi adsentiare, nullam rem in me esse quam ille contemnat, nullam in te quam pertimescat. magnus ille defensor et amicus eius tibi suffragatur, me oppugnat; aperte ab iudicibus petit ut tu mihi anteponare, et ait hoc se honeste sine ulla invidia ac sine ulla offensione contendere. “enim,” inquit, “illud peto quod soleo, cum vehementius contendi, impetrare: reus ut absolvatur non peto, sed ut potius ab hoc quam ab illo accusetur, id peto. mihi hoc; concede quod facile est, quod honestum, quod non invidiosum; quod cum dederis, sine ullo tuo periculo, sine infamia illud dederis, ut is absolvatur cuius ego causa laboro.”

[¶21] 24. He says also, in order that some alarm may be mingled with the exertion of his influence, that there are certain men on the bench to whom he wishes their tablets to be shown, and that that is very easy, for that they do not give their votes separately, but that all vote together; and that a tablet, covered with the proper wax, and not with that illegal wax which has given so much scandal, is given to every one. And he does not give himself all this trouble so much for the sake of Verres, as because he disapproves of the whole affair. For he sees that, if the power of prosecuting is taken away from the high-born boys whom he has hitherto played with, and from the public informers, whom he has always despised and thought insignificant (not without good reason), and to be transferred to fearless men of well-proved constancy, he will no longer be able to domineer over the courts of law as he pleases.

> Latin: 24. ait idem, ut aliquis metus adiunctus sit ad gratiam, certos esse in consilio quibus ostendi tabellas velit; id esse perfacile; non enim singulos ferre sententias, sed universos constituere; ceratam uni cuique tabellam dari cera legitima, non illa infami ac nefaria. is non tam propter Verrem laborat quam quod eum minime res tota delectat; videt enim, si a pueris nobilibus, quos adhuc elusit, si a quadruplatoribus, quos non sine causa contempsit semper ac pro nihilo putavit, accusandi voluntas ad viros fortis spectatosque homines translata sit, sese in iudiciis diutius dominari non posse.

[¶22] 25. I now beforehand give this man notice, that if you determine that this cause shall be conducted by me, his whole plan of defence must be altered, and must be altered in such a manner as to be carried on in a more honest and honourable way than he likes; that he must imitate those most illustrious men whom he himself has seen, Lucius Crassus and Marcus Antonius; who thought that they had no right to bring anything to the trials and causes in which their friends were concerned, except good faith and ability. He shall have no room for thinking, if I conduct the case, that the tribunal can be corrupted without great danger to many.

> Latin: 25. ego homini iam ante denuntio, si a me causam hanc vos agi volueritis, rationem illi defendendi totam esse mutandam, et ita mutandam ut, meliore et honestiore condicione quam qua ipse vult uti, imitetur homines eos quos ipse vidit amplissimos, L. Crassum et M. Antonium, qui nihil se arbitrabantur ad iudicia causasque amicorum praeter fidem et ingenium adferre oportere. erit quod me agente arbitretur iudicium sine magno multorum periculo posse corrumpi.

[¶23] 26. In this trial I think that the cause of the Sicilian nation,—that the cause of the whole Roman people, is undertaken by me; so that I have not to crush one worthless man alone, which is what the Sicilians have requested, but to extinguish and extirpate every sort of iniquity, which is what the Roman people has been long demanding. And how far I labour in this cause, or what I may be able to effect, I would rather leave to the expectations of others, than set forth in my own oration.

> Latin: 26. in hoc iudicio mihi Siculorum causam receptam, populi Romani susceptam esse arbitror, ut mihi non unus homo improbus opprimendus sit, id quod Siculi petiverunt, sed omnino omnis improbitas, id quod populus Romanus iam diu flagitat, exstinguenda atque delenda sit: in quo ego quid eniti aut quid efficere possim, malo in aliorum spe relinquere quam in oratione mea ponere.

[¶24] 27. But as for you, O Caecilius, what can you do? On what occasion, or in what affair, have you, I will not say given proof to others of your powers! but even made trial of yourself to yourself? Has it never occurred to you how important a business it is to uphold a public cause? to lay bare the whole life of another? and to bring it palpably before, not only the minds of the judges, but before the very eyes and sight of all men; to defend the safety of the allies, the interests of the provinces, the authority of the laws, and the dignity of the judgment-seat? Judge by me, since this is the first opportunity of learning it that you have ever had, how many qualities must meet in that man who is the accuser of another: and if you recognise any one of these in yourself, I will, of my own accord, yield up to you that which you are desirous of. First of all, he must have a singular integrity and innocence. For there is nothing which is less tolerable than for him to demand an account of his life from another who cannot give an account of his own. Here I will not say any more of yourself.

> Latin: 27. vero, Caecili, quid potes? quo tempore aut qua in re non modo ceteris specimen aliquod dedisti, sed tute tui periculum fecisti? mentem tibi non venit quid negoti sit causam publicam sustinere, vitam alterius totam explicare atque eam non modo in animis iudicum, sed etiam in oculis conspectuque omnium exponere, sociorum salutem, commoda provinciarum, vim legum, gravitatem iudiciorum defendere? ex me, quoniam hoc primum tempus discendi nactus es, quam multa esse oporteat in eo qui alterum accuset; ex quibus si unum aliquod in te cognoveris, ego iam tibi ipse istuc quod expetis mea voluntate concedam. integritatem atque innocentiam singularem; nihil est enim quod minus ferendum sit quam rationem ab altero vitae reposcere eum qui non possit suae reddere.

[¶25] 28. This one thing, I think, all may observe, that up to this time you had no opportunity of becoming known to any people except to the Sicilians; and that the Sicilians say this, that even though they are exasperated against the same man, whose enemy you say that you are, still, if you are the advocate, they will not appear on the trial. Why they refuse to, you will not hear from me. Allow these judges to suspect what it is inevitable that they must. The Sicilians, indeed, being a race of men over-acute, and too much inclined to suspiciousness, suspect that you do not wish to bring documents from Sicily against Verres; but, as both his praetorship and your quaestorship are recorded in the same documents, they suspect that you wish to remove them out of Sicily.

> Latin: 28. ego de te plura non dicam: unum illud credo omnis animum advertere, te adhuc a nullis nisi ab Siculis potuisse cognosci; Siculos hoc dicere, cum eidem sint irati cui tu te inimicum esse dicis, sese tamen te actore ad iudicium non adfuturos. negent ex me non audies: hos patere id suspicari quod necesse est. quidem, ut est hominum genus nimis acutum et suspiciosum, non te ex Sicilia litteras in Verrem deportare velle arbitrantur, sed, quod isdem litteris illius praetura et tua quaestura consignata sit, asportare te velle ex Sicilia litteras suspicantur.

[¶26] 29. In the second place, an accuser must be trustworthy and veracious. Even if I were to think that you were desirous of being so, I easily see that you are not able to be so. Nor do I speak of these things, which, if I were to mention, you would not be able to invalidate, namely that you, before you departed from Sicily, had become reconciled to Verres; that Potamo, your secretary and intimate friend, was retained by Verres in the province when you left it; that Marcus Caecilius, your brother, a most exemplary and accomplished young man, is not only not present here and does not stand by you while prosecuting your alleged injuries, but that he is with Verres, and is living on terms of the closest friendship and intimacy with him. These, and other things belonging to you, are many signs of a false accuser; but these I do not now avail myself of. I say this, that you, if you were to wish it ever so much, still cannot be a faithful accuser.

> Latin: 29. accusatorem firmum verumque esse oportet. Eum ego si te putem cupere esse, facile intellego esse non posse. ea dico, quae si dicam tamen infirmare non possis, te, antequam de Sicilia decesseris, in gratiam redisse cum Verre; Potamonem, scribam et familiarem tuum, retentum esse a Verre in provincia, cum tu decederes; M. Caecilium, fratrem tuum, lectissimum atque ornatissimum adulescentem, non modo non adesse neque tecum tuas iniurias persequi, sed esse cum Verre et cum illo familiarissime atque amicissime vivere. et haec et alia in te falsi accusatoris signa permulta, quibus ego nunc non utor: hoc dico, te, si maxime cupias, tamen verum accusatorem esse non posse.

[¶27] 30. For I see that there are many charges in which you are so implicated with Verres, that in accusing him, you would not dare to touch upon them. All Sicily complains that Caius Verres, when he had ordered corn to be brought into his granary for him, and when a bushel of wheat was two sesterces, demanded of the farmers twelve sesterces a bushel for wheat. It was a great crime, an immense sum, an impudent theft, an intolerable injustice. I must inevitably convict him of this charge; what will you do, O Caecilius?

> Latin: 30. enim permulta esse crimina quorum tibi societas cum Verre eius modi est ut ea in accusando attingere non audeas. Sicilia tota C. Verrem ab aratoribus, cum frumentum sibi in cellam imperavisset, et cum esset tritici modius HS ii, pro frumento in modios singulos duodenos sestertios exegisse. Magnum crimen, ingens pecunia, furtum impudens, iniuria non ferenda! hoc uno crimine illum condemnem necesse est: tu, Caecili, quid facies?

[¶28] 31. Will you pass over this serious accusation, or will you bring it forward? If you bring it forward, will you charge that as a crime against another, which you did yourself at the same time in the same province? Will you dare so to accuse another, that you cannot avoid at the same time condemning yourself? If you omit the charge, what sort of a prosecution will yours be, which from fear of danger to yourself, is afraid not only to create a suspicion of a most certain and enormous crime, but even to make the least mention of it? Corn was bought, on the authority of a decree of the senate, of the Sicilians while Verres was praetor;

> Latin: 31. utrum hoc tantum crimen praetermittes an obicies? obicies, idne alteri crimini dabis quod eodem tempore in eadem provincia tu ipse fecisti? audebis ita accusare alterum ut quo minus tute condemnere recusare non possis? praetermittes, qualis erit tua ista accusatio, quae domestici periculi metu certissimi et maximi criminis non modo sponsionem, verum etiam mentionem ipsam pertimescat?

[¶29] 32. for which corn all the money was not paid. This is a grave charge against Verres; a grave one if I plead the cause, but, if you are the prosecutor, no charge at all. For you were the quaestor, you had the handling of the public money; and, even if the praetor desired it ever so much, yet it was to a great extent in your power to prevent anything being taken from it. Of this crime, therefore, if you are the prosecutor, no mention will be made. And so during the whole trial nothing will be said of his most enormous and most notorious thefts and injuries. Believe me, O Caecilius, he who is connected with the criminal in a partnership of iniquity, cannot really defend his associates while accusing him.

> Latin: 32. est ex senatus consulto frumentum ab Siculis praetore Verre, pro quo frumento pecunia omnis soluta non est. est hoc crimen in Verrem, grave me agente, te accusante nullum; eras enim tu quaestor, pecuniam publicam tu tractabas, ex qua, etiamsi cuperet praetor, tamen ne qua deductio fieret magna ex parte tua potestas erat. quoque igitur criminis te accusante mentio nulla fiet: silebitur toto iudicio de maximis et notissimis illius furtis et iniuriis. crede, Caecili, non potest in accusando socios vere defendere is qui cum reo criminum societate coniunctus est.

[¶30] 33. The contractors exacted money from the cities instead of corn. Well! was this never done except in the praetorship of Verres? I do not say that, but it was done while Caecilius was quaestor. What then will you do? Will you urge against this man as a charge, what you both could and ought to have prevented from being done? or will you leave out the whole of it? Verres, then, at his trial will absolutely never hear at all of those things, which, when he was doing them, he did not know how he should be able to defend. And I am mentioning those matters which lie on the surface. There are other acts of plunder more secret, which he, in order, I suppose, to check the courage and delay the attack of Caecilius, has very kindly participated in with his quaestor.

> Latin: 33. a civitatibus pro frumento pecuniam exegerunt.? hoc Verre praetore factum est solum?, sed etiam quaestore Caecilio. igitur? daturus es huic crimini quod et potuisti prohibere ne fieret et debuisti, an totum id relinques? id omnino Verres in iudicio suo non audiet quod, cum faciebat, quem ad modum defensurus esset non reperiebat. ego haec quae in medio posita sunt commemoro: sunt alia magis occulta furta, quae ille, ut istius, credo, animos atque impetus retardaret, benignissime cum quaestore suo communicavit.

[¶31] 34. You know that information of these matters has been given to me; and if I were to choose to mention them, all men would easily perceive that there was not only a perfect harmony of will subsisting between you both, but that you did not pursue even your plunder separately. So that if you demand to be allowed to give information of the crimes which Verres has committed in conjunction with you, I have no objection, if it is allowed by the law. But if we are speaking of conducting the prosecution, that you must yield ta those who are hindered by no crimes of their own from being able to prove the offences of another.

> Latin: 34. tu scis ad me esse delata; quae si velim proferre, facile omnes intellegent vobis inter vos non modo voluntatem fuisse coniunctam, sed ne praedam quidem adhuc esse divisam. si tibi indicium postulas dari quod tecum una fecerit, concedo, si id lege permittitur; sin autem de accusatione dicimus, concedas oportet iis qui nullo suo peccato impediuntur quo minus alterius peccata demonstrare possint.

[¶32] 35. And see how much difference there will be between my accusation and yours. I intend to charge Verres with all the crimes that you committed, though he had no share in them, because he did not prevent you from committing them, though he had the supreme power; you, on the other hand, will not allege against him even the crimes which he committed himself, lest you should be found to be in any particular connected with him. What shall I say of these other points, O Caecilius? Do these things appear contemptible to you, without which no cause, especially no cause of such importance, can by any means be supported? Have you any talent for pleading? any practice in speaking? Have you paid any attention or acquired any acquaintance with the forum, the courts, and the laws?

> Latin: 35. vide quantum interfuturum sit inter meam tuamque accusationem. etiam quae tu sine Verre commisisti Verri crimini daturus sum, quod te non prohibuerit, cum summam ipse haberet potestatem: tu contra ne quae ille quidem fecit obicies, ne qua ex parte coniunctus cum eo reperiare.? illa, Caecili, contemnendane tibi videntur esse, sine quibus causa sustineri, praesertim tanta, nullo modo potest? aliqua facultas agendi, aliqua dicendi consuetudo, aliqua in foro, iudiciis, legibus aut ratio aut exercitatio?

[¶33] 36. I know in what a rocky and difficult path I am now treading; for as all arrogance is odious, so a conceit of one's abilities and eloquence is by far the most disagreeable of all. On which account I say nothing of my own abilities; for I have none worth speaking of, and if I had I would not speak of them. For either the opinion formed of me is quite sufficient for me, such as it is; or if it be too low an opinion to please me, still I cannot make it higher by talking about them.

> Latin: 36. quam scopuloso difficilique in loco verser; nam cum omnis adrogantia odiosa est, tum illa ingeni atque eloquentiae multo molestissima. ob rem nihil dico de meo ingenio; neque est quod possim dicere, neque si esset dicerem; aut enim id mihi satis est quod est de me opinionis, quidquid est, aut, si id parum est, ego maius id commemorando facere non possum.

[¶34] 37. I will just, O Caecilius, say this much familiarly to you about yourself, forgetting for a moment this rivalry and contest of ours. Consider again and again what your own sentiments are, and recollect yourself; and consider who you are, and what you are able to effect. Do you think that, when you have taken upon yourself the cause of the allies, and the fortunes of the province, and the rights of the Roman people, and the dignity of the judgment-seat and of the law, in a discussion of the most important and serious matters, you are able to support so many affairs and those so weighty and so various with your voice, your memory, your counsel, and your ability?

> Latin: 37. te, Caecili,—iam mehercule hoc extra hanc contentionem certamenque nostrum familiariter tecum loquar,—tu ipse quem ad modum existimes vide etiam atque etiam, et tu te collige, et qui sis et quid facere possis considera. Putasne te posse de maximis acerbissimisque rebus, cum causam sociorum fortunasque provinciae, ius populi Romani, gravitatem iudici legumque susceperis, tot res tam gravis, tam varias voce, memoria, consilio, ingenio sustinere?

[¶35] 38. Do you think that you are able to distinguish in separate charges, and in a well-arranged speech, all that Caius Verres has done in his quaestorship, and in his lieutenancy, and in his praetorship, at Rome, or in Italy, or in Achaia, or in Asia Minor, or in Pamphylia, as the actions themselves are divided by place and time? Do you think that you are able (and this is especially necessary against a defendant of this sort) to cause the things which he has done licentiously, or wickedly, or tyrannically, to appear just as bitter and scandalous to those who hear of them, as they did appear to those who felt them?

> Latin: 38. Putasne te posse quae C. Verres in quaestura, quae in legatione, quae in praetura, quae Romae, quae in Italia, quae in Achaia, Asia Pamphyliaque peccarit, ea, quem ad modum locis temporibusque divisa sint, sic criminibus et oratione distinguere? Putasne posse, id quod in eius modi reo maxime necessarium est, facere ut, quae ille libidinose, quae nefarie, quae crudeliter fecerit, ea aeque acerba et indigna videantur esse his qui audient atque illis visa sunt qui senserunt?

## 2. Sections 39–73

Source: https://scriptura.si/works/cicero-divinatio-in-caecilium/2/ · cite a paragraph as https://scriptura.si/works/cicero-divinatio-in-caecilium/2/#p-N

[¶0] 39. Those things which I am speaking of are very important, believe me. Do not you despise this either; everything must be related, and demonstrated, and explained; the cause must be not merely stated, but it must also be gravely and copiously dilated on. You must cause, if you wish really to do and to effect anything, men not only to hear you, but also to hear you willingly and eagerly. And if nature kind been bountiful to you in such qualities, and if from your childhood you had studied the best arts and systems, and worked hard at them;—if you had learnt Greek literature at Athens, not at Lilybaeum, and Latin literature at Rome, and not in Sicily; still it would be a great undertaking to approach so important a cause, and one about which there is such great expectation, and having approached it, to follow it up with the requisite diligence; to have all the particulars always fresh in your memory; to discuss it properly in your speech, and to support it adequately with your voice and your faculties.

> Latin: 39. Magna sunt ea quae dico, mihi crede; noli haec contemnere., demonstranda, explicanda sunt omnia, causa non solum exponenda, sed etiam graviter copioseque agenda est; perficiendum est, si quid agere aut proficere vis, ut homines te non solum audiant, verum etiam libenter studioseque audiant. quo si te multum natura adiuvaret, si optimis a pueritia disciplinis atque artibus studuisses et in his elaborasses, si litteras Graecas Athenis non Lilybaei, Latinas Romae non in Sicilia didicisses, tamen esset magnum tantam causam, tam exspectatam, et diligentia consequi et memoria complecti et oratione expromere et voce ac viribus sustinere.

[¶1] 40. Perhaps you may say, What then? Are you then endowed with all these qualifications?—I wish indeed that I were; but at all events I have laboured with great industry from my very childhood to attain them. And if I, on account of the importance and difficulty of such a study have not been able to attain them, who have done nothing else all my life, how far do you think that you must be distant from these qualities, which you have not only never thought of before, but which even now, when you are entering on a stage that requires them all, you can form no proper idea of, either as for their nature or as to their importance?

> Latin: 40. dices: “ergo? haec in te sunt omnia?” Vtinam quidem essent! verum tamen ut esse possent magno studio mihi a pueritia est elaboratum. ego haec propter magnitudinem rerum ac difficultatem adsequi non potui, qui in omni vita nihil aliud egi, quam longe tu te ab his rebus abesse arbitrare, quas non modo antea numquam cogitasti, sed ne nunc quidem, cum in eas ingrederis, quae et quantae sint suspicari potes?

[¶2] 41. I, who as all men know, am so much concerned in the forum and the courts of justice, that there is no one of the same age, or very few, who have defended more causes, and who spend all my time which can be spared from the business of my friends in these studies and labours, in order that I may be more prepared for forensic practice and more ready at it, yet, (may the gods be favourable to me as I am saying what is true!) whenever the thought occurs to me of the day when the defendant having been summoned, I have to speak, I am not only agitated in my mind, but a shudder runs over my whole body.

> Latin: 41. qui, sicut omnes sciunt, in foro iudiciisque ita verser ut eiusdem aetatis aut nemo aut pauci pluris causas defenderint, et qui omne tempus quod mihi ab amicorum negotiis datur in his studiis laboribusque consumam, quo paratior ad usum forensem promptiorque esse possim, tamen ita mihi deos velim propitios ut, cum illius mihi temporis venit in mentem quo die citato reo mihi dicendum sit, non solum commoveor animo, sed etiam toto corpore perhorresco.

[¶3] 42. Even now I am surveying in my mind and thoughts what party spirit will be shown by men; what throngs of men will meet; how great an expectation the importance of the trial will excite; how greet a multitude of hearers the infamy of Caius Verres will collect; how great an audience for my speech his wickedness will draw together And when I think of these things, even now I am afraid as to what I shall be able to say suitable to the hatred men bear him who are inimical and hostile to him, and worthy of the expectation which all men will form, and of the importance of the case.

> Latin: 42. nunc mente et cogitatione prospicio quae tum studia hominum, qui concursus futuri sint, quantam exspectationem magnitudo iudici sit adlatura, quantam auditorum multitudinem infamia C. Verris concitatura, quantam denique audientiam orationi meae improbitas illius factura sit. cum cogito, iam nunc timeo quidnam pro offensione hominum, qui illi inimici infensique sunt, et exspectatione omnium et magnitudine rerum dignum eloqui possim.

[¶4] 43. Do you fear nothing, do you think of nothing are you anxious about nothing of all this? Or if from some old speech you have been able to learn, “I entreat the mighty and beneficent Jupiter,” or, “I wish it were possible, O judges,” or something of the sort, do you think that you shall come before the court in an admirable state of preparation?

> Latin: 43. horum nihil metuis, nihil cogitas, nihil laboras: si quid ex vetere aliqua oratione, “Iovem ego,” aut “, si fieri potuisset, iudices,” aut aliquid eius modi ediscere potueris, praeclare te paratum in iudicium venturum arbitraris.

[¶5] 44. And, even if no one were to answer you, yet you would not, as I think, be able to state and prove even the cause itself. Do you now never give it a thought, that you will have a contest with a most eloquent man, and one in a perfect state of preparation for speaking, with whom you will at one time have to argue, and at another time to strive and contend against him with all your might? Whose abilities indeed I praise greatly, but not so as to be afraid of them, and think highly of, thinking however at the same time that I am more easily to be pleased by them than cajoled by them. He will never put me down by his acuteness; he will never put me out of countenance by any artifice; he will never attempt to upset and dispirit me by displays of his genius. I know all the modes of attack and every system of speaking the man has. We have often been employed on the same, often on opposite sides. Ingenious as he is, he will plead against me as if he were aware that his own ability is to same extent put on its trial.

> Latin: 44. si tibi nemo responsurus esset, tamen ipsam causam, ut ego arbitror, demonstrare non posses: nunc ne illud quidem cogitas, tibi cum homine disertissimo et ad dicendum paratissimo futurum esse certamen, quicum modo disserendum, modo omni ratione pugnandum certandumque sit. ego ingenium ita laudo ut non pertimescam, ita probo ut me ab eo delectari facilius quam decipi putem posse. ille me opprimet consilio, numquam ullo artificio pervertet, numquam ingenio me suo labefactare atque infirmare conabitur; novi omnis hominis petitiones rationesque dicendi; saepe in isdem, saepe in contrariis causis versati sumus; ita contra me ille dicet, quamvis sit ingeniosus, ut non nullum etiam de suo ingenio iudicium fieri arbitretur.

[¶6] 45. But as for you, O Caecilius, I think that I see already how he will play with you, how he will bandy you about; how often he will give you power and option of choosing which alternative you please,—whether a thing were done or not, whether a thing be true or false; and whichever side you take will be contrary to your interest. What a heat you will be in, what bewilderment! what darkness, O ye immortal gods! will overwhelm the man, free from malice as he is. What will you do when he begins to divide the different counts of your accusation, and to arrange on his fingers each separate division of the cause? What will you do when he begins to deal with each argument, to disentangle it, to get rid of it? You yourself in truth will begin to be afraid lest you have brought an innocent man into danger.

> Latin: 45. vero, Caecili, quem ad modum sit elusurus, quam omni ratione iactaturus, videre iam videor; quotiens ille tibi potestatem optionemque facturus sit ut eligas utrum velis—factum esse necne, verum esse an falsum—utrum dixeris, id contra te futurum. tibi aestus, qui error, quae tenebrae, di immortales, erunt, homini minime malo!? cum accusationis tuae membra dividere coeperit et in digitis suis singulas partis causae constituere? quid? cum unum quidque transigere, expedire, absolvere? profecto metuere incipies ne innocenti periculum facessieris.

[¶7] 46. What will you do when he begins to pity his client, to complain, and to take off some of his unpopularity from him and transfer it to you? to speak of the close connection necessarily subsisting between the quaestor and the praetor? of the custom of the ancients? of the holy nature of the connection between those to whom the same province was by lot appointed? Will you be able to encounter the odium such a speech will excite against you? Think a moment; consider again and again. For there seems to me to be danger of his overwhelming you not with words only, but of his blunting the edge of your genius by the mere gestures and motions of his body, and so distracting you and leading you away from every previous thought and purpose.

> Latin: 46. ? cum commiserari, conqueri, et ex illius invidia deonerare aliquid et in te traicere coeperit, commemorare quaestoris cum praetore necessitudinem constitutam, morem maiorum, sortis religionem, poterisne eius orationis subire invidiam? modo, etiam atque etiam considera. enim videtur periculum fore ne ille non modo verbis te obruat, sed gestu ipso ac motu corporis praestringat aciem ingeni tui, teque ab institutis tuis cogitationibusque abducat.

[¶8] 47. And I see that the trial of this will be immediate; for if you are able today to answer me and these things which I am saying; if you even depart one word from that book which some elocution-master or other has given you, made up of other men's speeches; I shall think that you are able to speak, and that you are not unequal to that trial also, and that you will be able to do justice to the cause and to the duty you undertake. But if in this preliminary skirmish with me you turn out nothing, what can we suppose you will be in the contest itself against a most active adversary? Be it so; he is nothing himself, he has no ability; but he comes prepared with well-trained and eloquent supporters. And this too is something, though it is not enough; for in all things he who is the chief person to act, ought to be the most accomplished and the best prepared. But I see that Lucius Appuleius is the next counsel on the list, a mere beginner, not as to his age indeed, but as to his practice and training in forensic contests.

> Latin: 47. huiusce rei iudicium iam continuo video futurum. enim mihi hodie respondere ad haec quae dico potueris, si ab isto libro, quem tibi magister ludi nescio qui ex alienis orationibus compositum dedit, verbo uno discesseris, posse te et illi quoque iudicio non deesse et causae atque officio tuo satis facere arbitrabor; sin mecum in hac prolusione nihil fueris, quem te in ipsa pugna cum acerrimo adversario fore putemus?, ipse nihil est, nihil potest; at venit paratus cum subscriptoribus exercitatis et disertis. tamen hoc aliquid, tametsi non est satis; omnibus enim rebus is qui princeps in agendo est ornatissimus et paratissimus esse debet. tamen L. Appuleium esse video proximum subscriptorem, hominem non aetate sed usu forensi atque exercitatione tironem.

[¶9] 48. Next to him he has, as I think, Allienus; he indeed does belong to the bar, but however, I never took any particular notice of what he could do in speaking; in raising an outcry, indeed, I see that he is very vigorous and practiced. In this man all your hopes are placed; he, if you are appointed prosecutor, will sustain the whole trial. But even he will not put forth his whole strength in speaking, but will consult your credit and reputation; and will abstain from putting forth the whole power of eloquence which he himself possesses, in order that you may still appear of some importance As we see is done by the Greek pleaders; that he to whom the second or third part belongs, though he may be able to speak somewhat better than his leader, often restrains himself a good deal, in order that the chief may appear to the greatest possible advantage, so will Allienus act; he will be subservient to you, he will pander to your interest, he will put forth somewhat less strength than he might.

> Latin: 48. , ut opinor, habet, hunc tamen a subselliis; qui quid in dicendo posset numquam satis attendi, in clamando quidem video eum esse bene robustum atque exercitatum. hoc spes tuae sunt omnes; hic, si tu eris actor constitutus, totum iudicium sustinebit. ne is quidem tantum contendet in dicendo quantum potest, sed consulet laudi et existimationi tuae, et ex eo quod ipse potest in dicendo aliquantum remittet, ut tu tamen aliquid esse videare. Vt in actoribus Graecis fieri videmus, saepe illum qui est secundarum aut tertiarum partium, cum possit aliquanto clarius dicere quam ipse primarum, multum submittere, ut ille princeps quam maxime excellat, sic faciet; tibi serviet, tibi lenocinabitur, minus aliquanto contendet quam potest.

[¶10] 49. Now consider this, O judges, what sort of accusers we shall have in this most important trial; when Allienus himself will somewhat abstain from displaying all his abilities, if he has any, and Caecilius will only be able to think himself of any use, because Allienus is not so vigorous as he might be, and voluntarily allows him the chief share in the display. What fourth counsel he is to have with him I do not know, unless it be one of that crowd of losers of time who have entreated to be allowed an inferior part in this prosecution, whoever he might be to whom you gave the lead.

> Latin: 49. hoc considerate, cuius modi accusatores in tanto iudicio simus habituri, cum et ipse ex ea facultate, si quam habet, aliquantum detracturus sit, et Caecilius tum denique se aliquid futurum putet, si minus vehemens fuerit et sibi primas in dicendo partis concesserit. quem sit habiturus non video, nisi quem forte ex illo grege moratorum, qui subscriptionem sibi postularunt cuicumque vos delationem dedissetis:

[¶11] 50. And you are to appear in just this state of preparation, that you have to make friends of those men who are utter strangers to you, for the purpose of obtaining their assistance. But I will not do these men so much honour as to answer what they have said in any regular order, or to give a separate answer to each; but since I have come to mention them not intentionally, but by chance, I will briefly, as I pass, satisfy them all in a few words. Do I seem to you to be in such exceeding want of friends that I must have an assistant given me, chosen not out of the men whom I have brought down to court with me, but out of the people at large? And are you suffering under such a dearth of defendants, that you endeavour to filch this cause from me rather than look for some defendants of your own class at the pillar of Maenius?

> Latin: 50. ex quibus alienissimis hominibus ita paratus venis ut tibi hospes aliquis sit recipiendus. ego non sum tantum honorem habiturus ut ad ea quae dixerint certo loco aut singillatim uni cuique respondeam: sic breviter, quoniam non consulto sed casu in eorum mentionem incidi, quasi praeteriens satis faciam universis. vobis inopia videor esse amicorum ut mihi non ex his quos mecum adduxerim, sed de populo subscriptor addatur? vobis autem tanta inopia reorum est ut mihi causam praeripere conemini potius quam aliquos ad columnam Maeniam vestri ordinis reos reperiatis? “”, inquit, “Tullio me adponite”.

[¶12] 51. Appoint me, says he, to watch Tullius. What? How many watchers shall I have need of, if I once allow you to meddle with my bag? as you will have to be watched not only to prevent your betraying anything, but to prevent your removing anything. But for the whole matter of that watchman I will answer you thus in the briefest manner possible; that these honest judges will never permit any assistant to force himself against my consent into so important a cause, when it has been undertaken by me, and is entrusted to me.

> Latin: 51. ? mihi quam multis custodibus opus erit, si te semel ad meas capsas admisero? qui non solum ne quid enunties, sed etiam ne quid auferas custodiendus sis. de isto custode toto sic vobis brevissime respondebo, non esse hos talis viros commissuros ut ad causam tantam a me susceptam, mihi creditam, quisquam subscriptor me invito adspirare possit; etenim fides mea custodem repudiat, diligentia speculatorem reformidat. ut ad te, Caecili, redeam, quam multa te deficiant vides: quam multa sint in te quae reus nocens in accusatore suo cupiat esse, profecto iam intellegis.

[¶13] 52. In truth, my integrity rejects an overlooker; my diligence is afraid of a spy. But to return to you, O Caecilius, you see how many qualities are wanting to you; how many belong to you which a guilty defendant would wish to belong to his prosecutor, you are well aware. What can be said to this? For I do not ask what you will say yourself, I see that it is not you who will answer me, but this book which your prompter has in his hand; who, if he be inclined to prompt you rightly, will advise you to depart from this place and not to answer me one word. For what can you say? That which you are constantly repeating, that Verres has done you an injury? I have no doubt he has, for it would not be probable, when he was doing injuries to all the Sicilians, that you alone should be so important in his eyes that he should take care of your interests.

> Latin: 52. ad haec dici potest? non enim quaero quid tu dicturus sis; video mihi non te, sed hunc librum esse responsurum, quem monitor tuus hic tenet; qui si te recte monere volet, suadebit tibi ut hinc discedas neque mihi verbum ullum respondeas. enim dices? an id quod dictitas, iniuriam tibi fecisse Verrem?; neque enim esset veri simile, cum omnibus Siculis faceret iniurias, te illi unum eximium cui consuleret fuisse.

[¶14] 53. But the rest of the Sicilians have found an avenger of their injuries; you, while you are endeavouring to exact vengeance for your injuries by your own means, (which you will not be able to effect,) are acting in a way to leave the injuries of all the rest unpunished and unavenged. And you do not see that it ought not alone to be considered who is a proper person to exact vengeance, but also who is a person capable of doing so,—that if there be a man in whom both these qualifications exist, he is the best man.

> Latin: 53. ceteri Siculi ultorem suarum iniuriarum invenerunt; tu dum tuas iniurias per te, id quod non potes, persequi conaris, id agis ut ceterorum quoque iniuriae sint impunitae atque inultae; et hoc te praeterit, non id solum spectari solere, qui debeat, sed etiam illud, qui possit ulcisci; in quo utrumque sit, eum superiorem esse, in quo alterutrum, in eo non quid is velit, sed quid facere possit, quaeri solere.

[¶15] 54. But if a man has only one of them, then the question usually asked is, not what he is inclined to do, but what he is able to do. And if you think that the office of prosecutor ought to be entrusted to him above all other men, to whom Caius Verres has done the greatest injury, which do you think the judges ought to be most indignant at,—at your having been injured by him, or at the whole province of Sicily having been harassed and ruined by him? I think you must grant that this both is the worst thing of the two, and that it ought to be considered the worst by every one. A flow, therefore, that the province ought to be preferred to you as the prosecutor. For the province is prosecuting when he is pleading the cause whom the province has adopted as the defender of her rights, the avenger of her injuries, and the pleader of the whole cause.

> Latin: 54. ei potissimum censes permitti oportere accusandi potestatem cui maximam C. Verres iniuriam fecerit, utrum tandem censes hos iudices gravius ferre oportere, te ab illo esse laesum, an provinciam Siciliam esse vexatam ac perditam?, concedes multo hoc et esse gravius et ab omnibus ferri gravius oportere. igitur ut tibi anteponatur in accusando provincia; nam provincia accusat cum is agit causam quem sibi illa defensorem sui iuris, ultorem iniuriarum, actorem causae totius adoptavit.

[¶16] 55. Oh, but Caius Verres has done you such an injury as might afflict the minds of all the rest of the Sicilians also, though the grievance was felt only by another. Nothing of the sort. For I think it is material also to this argument to consider what sort of injury is alleged and brought forward as the cause of your enmity. Allow me to relate it. For he indeed, unless he is wholly destitute of sense, will never say what it is. There is a woman of the name of Agonis, a Lilybaean, a freedwoman of Venus Erycina; a woman who before this man was quaestor was notoriously well off and rich. From her some prefect of Antonius's carried off some musical slaves whom he said he wished to use in his fleet. Then she, as is the custom in Sicily for all the slaves of Venus, and all those who have procured their emancipation from her, in order to hinder the designs of the prefect, by the scruples which the name of Venus would raise, said that she and all her property belonged to Venus.

> Latin: 55. eam tibi C. Verres fecit iniuriam quae ceterorum quoque animos possit alieno incommodo commovere.; nam id quoque ad rem pertinere arbitror, qualis iniuria dicatur quae causa inimicitiarum proferatur. ex me; nam iste eam profecto, nisi plane nihil sapit, numquam proferet. Agonis quaedam est Lilybitana, liberta Veneris Erycinae, quae mulier ante hunc quaestorem copiosa plane et locuples fuit. hac praefectus Antoni quidam symphoniacos servos abducebat per iniuriam, quibus se in classe uti velle dicebat. illa, ut mos in Sicilia est omnium Veneriorum et eorum qui a Venere se liberaverunt, ut praefecto illi religionem Veneris nomine obiceret, dixit et se et sua Veneris esse.

[¶17] 56. When this was reported to Caecilius, that most excellent and upright man, he ordered Agonis to be summoned before him; he immediately orders a trial to ascertain “if it appeared that she had said that she and all her property belonged to Venus.” The recuperators decide all that was necessary, and indeed there was no doubt at all that she had said so. He sends men to take possession of the woman's property. He adjudges her herself to be again a slave of Venus; then he sells her property and confiscates the money. So while Agonis wishes to keep a few slaves under the name and religious protection of Venus, she loses all her fortunes and her own liberty by the wrong doing of that man. After that, Verres comes to Lilybaeum; he takes cognisance of the affair; he disapproves of the act; he compels his quaestor to pay back and restore to its owner all the money which he had confiscated, having been received for the property of Agonis.

> Latin: 56. Vbi hoc quaestori Caecilio, viro optimo et homini aequissimo, nuntiatum est, vocari ad se Agonidem iubet; iudicium dat statim, SI PARET EAM SE ET SVA VENERIS ESSE DIXISSE. recuperatores id quod necesse erat; neque enim erat cuiquam dubium quin illa dixisset. in possessionem bonorum mulieris intrat, ipsam Veneri in servitutem adiudicat; deinde bona vendit, pecuniam redigit. dum pauca mancipia Veneris nomine Agonis ac religione retinere vult, fortunas omnis libertatemque suam istius iniuria perdidit. Lilybaeum Verres venit postea; rem cognoscit, factum improbat, cogit quaestorem suum pecuniam, quam ex Agonidis bonis redegisset, eam mulieri omnem adnumerare et reddere.

[¶18] 57. He is here, and you may well admire it, no longer Verres, but Quintus Mucius. For what could he do more delicate to obtain a high character among men? what more just to relieve the distress of the women? what more severe to repress the licentiousness of his quaestor? All this appears to me most exceedingly praiseworthy. But at the very next step, in a moment, as if he had drank of some Circaean cup, having been a man, he becomes Verres again; he returns to himself and to his old habits. For of that money he appropriated a great share to himself, and restored to the woman only as much as he chose.

> Latin: 57. adhuc, id quod vos omnis admirari video, non Verres, sed Q. Mucius. enim facere potuit elegantius ad hominum existimationem, aequius ad levandam mulieris calamitatem, vehementius ad quaestoris libidinem coercendam? haec omnia mihi videntur esse laudanda. repente e vestigio ex homine tamquam aliquo Circaeo poculo factus est Verres; rediit ad se atque ad mores suos; nam ex illa pecunia magnam partem ad se vertit, mulieri reddidit quantulum visum est.

[¶19] 58. Here now if you say that you were offended with Verres, I will grant you that and allow it; if you complain that he did you any injury, I will defend him and deny it. Secondly, I say that of the injury which was done to you no one of us ought to be a more severe avenger than you yourself, to whom it is said to have been done. If you afterwards became reconciled to him, if you were often at his house, if he after that supped with you, do you prefer to be considered as acting with treachery or by collusion with him? I see that one of these alternatives is inevitable, but in this matter I will have no contention with you to prevent your adopting which you please.

> Latin: 58. tu si laesum te a Verre esse dicis, patiar et concedam; si iniuriam tibi factam quereris, defendam et negabo; denique de iniuria quae tibi facta sit neminem nostrum graviorem iudicem esse oportet quam te ipsum, cui facta dicitur. tu cum illo postea in gratiam redisti, si domi illius aliquotiens fuisti, si ille apud te postea cenavit, utrum te perfidiosum an prevaricatorem existimari mavis? esse necesse alterutrum, sed ego tecum in eo non pugnabo quo minus utrum velis eligas.

[¶20] 59. What shall I say if even the pretext of that injury which was done to you by him no longer remains? What have you then to say why you should be preferred, I will not say to me, but to any one? except that which I hear you intend to say, that you were his quaestor: which indeed would be an important allegation if you were contending with me as to which of us ought to be the most friendly to him; but in a contention as to which is to take up a quarrel against him, it is ridiculous to suppose that an intimate connection with him can be a just reason for bringing him into danger.

> Latin: 59. ne iniuriae quidem, quae tibi ab illo facta sit, causa remanet, quid habes quod possis dicere quam ob rem non modo mihi, sed cuiquam anteponare? nisi forte illud, quod dicturum te esse audio, quaestorem illius fuisse. causa gravis esset, si certares mecum uter nostrum illi amicior esse deberet: in contentione suscipiendarum inimicitiarum ridiculum est putare causam necessitudinis ad inferendum periculum iustam videri oportere.

[¶21] 60. In truth, if you had received ever so many injuries from your praetor, still you would deserve greater credit by bearing them than by revenging them; but when nothing in his life was ever done more rightly than that which you call an injury, shall these judges determine that this cause, which they would not even tolerate in any one else, shall appear in your case to be a reasonable one to justify the violation of your ancient connection? When even if you had received the greatest injury from him, still, since you have been his quaestor, you cannot accuse him and remain blameless yourself. But if no injury has been done you at all, you cannot accuse him without wickedness; and as it is very uncertain whether any injury has been done you, do you think that there is any one of these men who would not prefer that you should depart without incurring blame rather than after having committed wickedness?

> Latin: 60. si plurimas a tuo praetore iniurias accepisses, tamen eas ferendo maiorem laudem quam ulciscendo mererere; cum vero nullum illius in vita rectius factum sit quam id quod tu iniuriam appellas, hi statuent hanc causam, quam ne in alio quidem probarent, in te iustam ad necessitudinem violandam videri? si summam iniuriam ab illo accepisti, tamen, quoniam quaestor eius fuisti, non potes eum sine ulla vituperatione accusare; si vero non ulla tibi facta est iniuria, sine scelere eum accusare non potes. cum incertum sit de iniuria, quemquam horum esse putas qui non malit te sine vituperatione quam cum scelere discedere?

[¶22] 61. And just think how great is the difference between my opinion and yours. You, though you are in every respect inferior to me, still think that you ought to be preferred to me for this one reason, because you were his quaestor. I think, that if you were my superior in every other qualification, still that for this one cause alone you ought to be rejected as the prosecutor. For this is the principle which has been handed down to us from our ancestors, that a praetor ought to be in the place of a parent to his quaestor; that no more reasonable nor more important cause of intimate friendship can be imagined than a connection arising from drawing the same lot, having the same province, and being associated in the discharge of the same public duty and office.

> Latin: 61. vide quid differat inter meam opinionem ac tuam. cum omnibus rebus inferior sis, hac una in re te mihi anteferri putas oportere, quod quaestor illius fueris: ego, si superior omnibus rebus esses, hanc unam ob causam te accusatorem repudiari putarem oportere. enim a maioribus nostris accepimus, praetorem quaestori suo parentis loco esse oportere; nullam neque iustiorem neque graviorem causam necessitudinis posse reperiri quam coniunctionem sortis, quam provinciae, quam offici, quam publici muneris societatem.

[¶23] 62. Wherefore, even if you could accuse him without violating strict right, still, as he had been in the place of a parent to you, you could not do so without violating every principle of piety. But as you have not received any injury, and would yet be creating danger for your praetor, you must admit that you are endeavouring to wage an unjust and impious war against him. In truth, your quaestorship is an argument of so strong a nature, that you would have to take a great deal of pains to find an excuse for accusing him to whom you had acted as quaestor, and can never be a reason why you should claim on that account to have the office of prosecuting him entrusted to you above all men. Nor indeed, did any one who had acted as quaestor to another, ever contest the point of being allowed to accuse him without being rejected.

> Latin: 62. ob rem si iure posses eum accusare, tamen, cum is tibi parentis numero fuisset, id pie facere non posses; cum vero neque iniuriam acceperis et praetori tuo periculum crees, fatearis necesse est te illi iniustum impiumque bellum inferre conari. ista quaestura ad eam rem valet, ut elaborandum tibi in ratione reddenda sit quam ob rem qui quaestor eius fueris accuses, non ut ob eam ipsam causam postulandum sit ut tibi potissimum accusatio detur. fere umquam venit in contentionem de accusando qui quaestor fuisset, quin repudiaretur.

[¶24] 63. And therefore, neither was permission given to Lucius Philo to bring forward an accusation against Caius Servilius, nor to Marcus Aurelius Scaurus to prosecute Lucius Flaccus, nor to Cnaeus Pompeius to accuse Titus Albucius; not one of whom was refused this, permission because of any personal unworthiness, but in order that the desire to violate such an intimate connection might not be sanctioned by the authority of the judges. And that great man Cnaeus Pompeius contended about that matter with Caius Julius, just as you are contending with me. For he had been the quaestor of Albucius, just as you were of Verres: Julius had on his side this reason for conducting the prosecution, that, just as we have now been entreated by the Sicilians, so he had then been entreated by the Sardinians, to espouse their cause. And this argument has always had the greatest influence; this has always been the most honourable cause for acting as accuser, that by so doing one is bringing enmity on oneself in behalf of allies, for the sake of the safety of a province, for the advantage of foreign nations—that one is for their sakes incurring danger, and spending much care and anxiety and labour.

> Latin: 63. neque L. Philoni in C. Servilium nominis deferendi potestas est data, neque M. Aurelio Scauro in L. Flaccum, neque Cn. Pompeio in T. Albucium; quorum nemo propter indignitatem repudiatus est, sed ne libido violandae necessitudinis auctoritate iudicum comprobaretur. ille Cn. Pompeius ita cum C. Iulio contendit, ut tu mecum; quaestor enim Albuci fuerat, ut tu Verris; Iulius hoc secum auctoritatis ad accusandum adferebat quod, ut hoc tempore nos ab Siculis, sic tum ille ab Sardis rogatus ad causam accesserat. haec causa plurimum valuit, semper haec ratio accusandi fuit honestissima, pro sociis, pro salute provinciae, pro exterarum nationum commodis inimicitias suscipere, ad periculum accedere, operam, studium, laborem interponere.

[¶25] 64. Even if the cause of those men who wish to revenge their own injuries be ever so strong, in which matter they are only obeying their own feelings of indignation, not consulting the advantage of the republic: how much more honourable is that cause, which is not only reasonable, but which ought to be acceptable to all,—that a man, without having received any private injury to himself, should be influenced by the sufferings and injuries of the allies and friends of the Roman people! When lately that most brave and upright man Lucius Piso demanded to be allowed to prefer an accusation against Publius Gabinius, and when Quintus Caecilius claimed the same permission in opposition to Piso, and said that in so doing he was following up an old quarrel which he had long had with Gabinius; it was not only the authority and dignity of Piso which had great weight, but also the superior justice of his cause, because the Achaeans had adopted him as their patron.

> Latin: 64. si probabilis est eorum causa qui iniurias suas persequi volunt (qua in re dolori suo, non rei publicae commodis serviunt), quanto illa honestior causa est, quae non solum probabilis videri sed etiam grata esse debet, nulla privatim accepta iniuria sociorum atque amicorum populi Romani dolore atque iniuriis commoveri! cum in P. Gabinium vir fortissimus et innocentissimus L. Piso delationem nominis postularet, et contra Q. Caecilius peteret isque se veteres inimicitias iam diu susceptas persequi diceret, cum auctoritas et dignitas Pisonis valebat plurimum, tum illa erat causa iustissima, quod eum sibi Achaei patronum adoptarant.

[¶26] 65. In truth, when the very law itself about extortion is the protectress of the allies and friends of the Roman people, it is an iniquitous thing that he should not, above all others, he thought the fittest advocate of the law and conductor of the trial, whom the allies wish, above all men, to be the pleader of their cause, and the defender of their fortunes. Or ought not that which is the more honourable to mention, to appear also far the most reasonable to approve of? Which then is the more splendid, which is the more honourable allegation—“I have prosecuted this man to whom I had acted as quaestor, with whom the lot cast for the provinces, and the custom of our ancestors, and the judgment of gods and men had connected me,” or, “I have prosecuted this man at the request of the allies and friends of the Roman people, I have been selected by the whole province to defend its rights and fortunes?” Can any one doubt that it is more honourable to act as prosecutor in behalf of those men among whom you have been quaestor, than as prosecutor of him whose quaestor you have been?

> Latin: 65. cum lex ipsa de pecuniis repetundis sociorum atque amicorum populi Romani patrona sit, iniquum est non eum legis iudicique actorem idoneum maxime putari quem actorem causae suae socii defensoremque fortunarum suarum potissimum esse voluerunt. quod ad commemorandum est honestius, id ad probandum non multo videri debet aequius? Vtra igitur est splendidior, utra inlustrior commemoratio, “eum cui quaestor fueram, quicum me sors consuetudoque maiorum, quicum me deorum hominumque iudicium coniunxerat,” an “rogatu sociorum atque amicorum, delectus sum ab universa provincia qui eius iura fortunasque defenderem”? quisquam potest quin honestius sit eorum causa apud quos quaestor fueris, quam eum cuius quaestor fueris accusare?

[¶27] 66. The most illustrious men of our state, in the best of times, used to think this most honourable and glorious for them to ward off injuries from their hereditary friends, and from their clients, and from foreign nations which were either friends or subjects of the Roman people, and to defend their fortunes. We learn from tradition that Marcus Cato, that wise man, that most illustrious and most prudent man, brought upon himself great enmity from many men, on account of the injuries of the Spaniards among whom he had been when consul.

> Latin: 66. viri nostrae civitatis temporibus optimis hoc sibi amplissimum pulcherrimumque ducebant, ab hospitibus clientibusque suis, ab exteris nationibus, quae in amicitiam populi Romani dicionemque essent, iniurias propulsare eorumque fortunas defendere. M. Catonem illum, clarissimum virum et prudentissimum, cum multis gravis inimicitias gessisse accepimus propter Hispanorum, apud quos consul fuerat, iniurias.

[¶28] 67. We know that lately Cnaeus Domitius prosecuted Marcus Silanus on account of the injuries of one man, Egritomarus, his father's friend and comrade. Nor indeed has anything ever had more influence over the minds of guilty men than this principle of our ancestors, now re-adopted and brought back among us after a long interval, namely, that the complaints of the allies should be brought to a man who is not very inactive, and their advocacy undertaken by him who appeared able to defend their fortunes with integrity and diligence.

> Latin: 67. Cn. Domitium scimus M. Silano diem dixisse propter unius hominis Aegritomari, paterni amici atque hospitis, iniurias. enim magis animos hominum nocentium res umquam ulla commovit quam haec maiorum consuetudo longo intervallo repetita ac relata, sociorum querimoniae delatae ad hominem non inertissimum, susceptae ab eo qui videbatur eorum fortunas fide diligentiaque sua posse defendere.

[¶29] 68. Men are afraid of this; they endeavour to prevent this; they are disquieted at such a principle having ever been adopted, and after it has been adopted at its now being resuscitated and brought into play again. They think that, if this custom begins gradually to creep on and advance, the laws will be put in execution, and actions will be conducted by honourable and fearless men, and not by unskillful youths, or informers of this sort.

> Latin: 68. timent homines, hoc laborant, hoc institui atque adeo institutum referri ac renovari moleste ferunt; putant fore ut, si paulatim haec consuetudo serpere ac prodire coeperit, per homines honestissimos virosque fortissimos, non imperitos adulescentulos aut illius modi quadruplatores leges iudiciaque administrentur.

[¶30] 69. Of which custom and principle our fathers and ancestors did not repent when Publius Lentulus, he who was chief of the Senate, prosecuted Marcus Aquillius, having Caius Rutilius Rufus backing the accusation; or when Publius Africanus, a man most eminent for valour, for good fortune, for renown, and for exploits, after he had been twice consul and had been censor brought Lucius Cotta to trial Then the name of the Roman people was rightly held in high honour; rightly was the authority of this empire and the majesty of the state considered illustrious. Nobody marveled in the case of that great man Africanus, as they now pretend to marvel with respect to me, a man endowed with but moderate influence and moderate talents, just because they are annoyed at me;

> Latin: 69. consuetudinis atque instituti patres maioresque nostros non paenitebat tum cum P. Lentulus, is qui princeps senatus fuit, accusabat M’. Aquilium subscriptore C. Rutilio Rufo, aut cum P. Africanus, homo virtute, fortuna, gloria, rebus gestis amplissimus, posteaquam bis consul et censor fuerat, L. Cottam in iudicium vocabat. tum florebat populi Romani nomen, iure auctoritas huius imperi civitatisque maiestas gravis habebatur. mirabatur in Africano illo, quod in me nunc, homine parvis opibus ac facultatibus praedito, simulant sese mirari, cum moleste ferunt:

[¶31] 70. “What can he be meaning? does he want to be considered a prosecutor who hitherto has been accustomed to defend people? and especially now at the age when he is seeking the aedileship?” But I think it becomes not my age only, but even a much greater age, and I think it an action consistent with the highest dignity to accuse the wicked, and to defend the miserable and distressed. And in truth, either this is a remedy for a republic diseased and in an almost desperate condition, and for tribunals corrupted and contaminated by the vices and baseness of a few, for men of the greatest possible honour and uprightness and modesty to undertake to uphold the stability of the laws, and the authority of the courts of justice; or else, if this is of no advantage, no medicine whatever will ever be found for such terrible and numerous evils as these.

> Latin: 70. “sibi iste vult? accusatoremne se existimari, qui antea defendere consuerat, nunc praesertim, ea iam aetate, cum aedilitatem petat?” vero et aetatis non modo meae sed multo etiam superioris, et honoris amplissimi puto esse et accusare improbos et miseros calamitososque defendere. profecto aut hoc remedium est aegrotae ac prope desperatae rei publicae iudiciisque corruptis et contaminatis paucorum vitio ac turpitudine, homines ad legum defensionem iudiciorumque auctoritatem quam honestissimos et integerrimos diligentissimosque accedere; aut, si ne hoc quidem prodesse poterit, profecto nulla umquam medicina his tot incommodis reperietur.

[¶32] 71. There is no greater safety for a republic, than for those who accuse another to be no less alarmed for their own credit, and honour, and reputation, than they who are accused are for their lives and fortunes. And therefore, those men have always conducted prosecutions with the greatest care and with the greatest pains, who have considered that they themselves had their reputations at stake. You, therefore, O judges ought to come to this decision, that Quintus Caecilius of whom no one has ever had any opinion, and from whom even in this very trial nothing could be expected—who takes no trouble either to preserve a reputation previously acquired, or to give grounds for hope of himself in future times—will not be likely to conduct this cause with too much severity, with too much accuracy, or with too much diligence. For he has nothing which he can lose by disappointing public expectation; even if he were to come off ever so shamefully, or ever so infamously, he will lose no credit which he at present enjoys.

> Latin: 71. salus rei publicae maior est quam eos qui alterum accusant non minus de laude, de honore, de fama sua quam illos qui accusantur de capite ac fortunis suis pertimescere. semper ii diligentissime laboriosissimeque accusarunt qui se ipsos in discrimen existimationis venire arbitrati sunt. ob rem hoc statuere, iudices, debetis, Q. Caecilium, de quo nulla umquam opinio fuerit nullaque in hoc ipso iudicio exspectatio futura sit, qui neque ut ante collectam famam conservet neque uti reliqui temporis spem confirmet laborat, non nimis hanc causam severe, non nimis accurate, non nimis diligenter acturum. enim nihil quod in offensione deperdat; ut turpissime flagitiosissimeque discedat, nihil de suis veteribus ornamentis requiret.

[¶33] 72. From us the Roman people has many hostages which we must labour with all our might and by every possible means to preserve uninjured, to defend, to keep in safety, and to redeem; it has honour which we are desirous of; it has hope, which we constantly keep before our eyes; it has reputation, acquired with much sweat and labour day and night; so that if we prove our duty and industry in this cause, we may be able to preserve all those things which I have mentioned safe and unimpaired by the favour of the Roman people; but if we trip and stumble ever so little, we may at one moment lose the whole of those things which have been collected one by one and by slow degrees.

> Latin: 72. A nobis multos obsides habet populus Romanus, quos ut incolumis conservare, tueri, confirmare ac recuperare possimus, omni ratione erit dimicandum. honorem quem petimus, habet spem quam propositam nobis habemus, habet existimationem multo sudore labore vigiliisque collectam, ut, si in hac causa nostrum officium ac diligentiam probaverimus, haec quae dixi retinere per populum Romanum incolumia ac salva possimus; si tantulum offensum titubatumque sit, ut ea quae singillatim ac diu collecta sunt uno tempore universa perdamus.

[¶34] 73. On which account it is your business, O judges, to select him who you think can most easily sustain this great cause and trial with integrity, with diligence, with wisdom, and with authority. If you prefer Quintus Caecilius to me, I shall not think that I am surpassed in dignity; but take you care that the Roman people do not think that a prosecution as honest, as severe, as diligent as this would have been in my hands, was neither pleasing to yourselves nor to your body.

> Latin: 73. , iudices, vestrum est deligere quem existimetis facillime posse magnitudinem causae ac iudici sustinere fide, diligentia, consilio, auctoritate. si mihi Q. Caecilium anteposueritis, ego me dignitate superatum non arbitrabor: populus Romanus ne tam honestam, tam severam diligentemque accusationem neque vobis placuisse neque ordini vestro placere arbitretur, providete.