67. And his authority in the province had just this weight, that no one did strike him, though the praetor in his province gave every one leave by word, and in reality incited them to do so; nor did any one claim anything of him, though he had given licence to false accusation by his authority; yet that heavy mark of ignominy was attached to the man as long as Verres remained in the province. After this fear had been impressed on the judges, in a manner unexampled and wholly without precedent, do you suppose that any matter was decided in Sicily except according to his will and pleasure? Does this appear to have been the only effect of it, (which effect, however, it had,) to take his money from Heraclius? or was not this also the object, as the means by which the greatest plunder was to be got,—to bring, under presence of judicial decision, the property and fortune of every one into the power of that one man?
67. istius auctoritas tantum valuit ut neque illum pulsaret quisquam, cum praetor in provincia sua verbo permitteret, re hortaretur, neque quisquam ab eo quicquam peteret, cum iste calumniae licentiam sua auctoritate ostendisset; ignominia autem illa gravis tam diu in illo homine fuit, quam diu iste in provincia mansit. iniecto metu iudicibus novo more, nullo exemplo, ecquam rem putatis esse in Sicilia nisi ad nutum istius iudicatam? Vtrum id solum videtur esse actum, quod est tamen actum, ut haec Heraclio pecunia eriperetur, an etiam illud, in quo praeda erat maxima, ut nomine iudiciorum omnium bona atque fortunae in istius unius essent potestatem?
68. But why should I seek out every separate transaction and cause in the trials which took place on capital charges? Out of many, which are all nearly alike, I will select those which seem to go beyond all the others in rascality. There was a man of Halicya, named Sopater, among the first men of his state for riches and high character. He, having been accused by his enemies before Caius Sacerdos the praetor, on a capital charge, was easily acquitted. The same enemies again accused this same Sopater on the same charge before Caius Verres when he had come as successor to Sacerdos. The matter appeared trifling to Sopater, both because he was innocent, and because he thought that Verres would never dare to overturn the decision of Sacerdos. The defendant is cited to appear. The cause is heard at Syracuse. Those changes are brought forward by the accusers which had been already previously extinguished, not only by the defence, but also by the decision.
68. vero in rerum capitalium quaestionibus quid ego unam quamque rem colligam et causam? multis similibus ea sumam quae maxime improbitate excellere videbuntur. Sopater quidam fuit Halicyensis, homo domi suae cum primis locuples atque honestus; is ab inimicis suis apud C. Sacerdotem praetorem rei capitalis cum accusatus esset, facile eo iudicio est liberatus. eidem Sopatro idem inimici ad C. Verrem, cum is Sacerdoti successisset, eiusdem rei nomen detulerunt. Sopatro facilis videbatur, et quod erat innocens et quod Sacerdotis iudicium improbare istum ausurum non arbitrabatur. reus; causa agitur Syracusis; crimina tractantur ab accusatore ea quae erant antea non solum defensione, verum etiam iudicio dissoluta.
69. Quintus Minucius, a Roman knight, among the first for a high and honourable reputation, and not unknown to you, O judges, defended the cause of Sopater. There was nothing in the cause which seemed possible to be feared, or even to be doubted about at all. In the meantime that same Timarchides, that fellow's attendant and freedman, who is, as you have learnt by many witnesses at the former hearing, his agent and manager in all affairs of this sort, comes to Sopater, and advised him not to trust too much to the decision of Sacerdos and the justice of his cause; he tells him that his accusers and enemies have thoughts of giving money to the praetor, but that the praetor would rather take it to acquit; and at the same time, that he had rather, if it were possible, not rescind a decision of his predecessor. Sopater, as this happened to him quite suddenly and unexpectedly, was greatly perplexed, and had no answer ready to make to Timarchides, except that he would consider what he had best do in such a case; and at the same time he told him that he was in great difficulties respecting money matters. Afterwards he consulted with his friends; and as they advised him to purchase an acquittal, he came to Timarchides. Having explained his difficulties to him, he brings the man down to eighty thousand sesterces, and pays him that money.
69. Sopatri defendebat Q. Minucius, eques Romanus in primis splendidus atque honestus, vobisque, iudices, non ignotus. erat in causa quod metuendum aut omnino quod dubitandum videretur. istius libertus et accensus Timarchides, qui est, id quod ex plurimis testibus priore actione didicistis, rerum huiusce modi omnium transactor et administer, ad Sopatrum venit; monet hominem ne nimis iudicio Sacerdotis et causae suae confidat; accusatores inimicosque eius habere in animo pecuniam praetori dare; praetorem tamen ob salutem malle accipere, et simul malle, si fieri posset, rem iudicatam non rescindere. Sopater, cum hoc illi improvisum atque inopinatum accidisset, commotus est sane neque in praesentia Timarchidi quid responderet habuit, nisi se consideraturum quid sibi esset faciendum, et simul ostendit se in summa difficultate esse nummaria. ad amicos rettulit; qui cum ei fuissent auctores redimendae salutis, ad Timarchidem venit. suis difficultatibus hominem ad HS lxxx perducit, eamque ei pecuniam numerat.
70. When the cause came to be heard, all who were defending Sopater were without any fear or any anxiety. No crime had been committed; the matter had been decided; Verres had received the money. Who could doubt how it would turn out? The matter is not summed up that day; the court breaks up; Timarchides comes a second time to Sopater. He says that his accusers were promising a much larger sum to the praetor than what he had given, and that if he were wise he would consider what he had best do. The man, though he was a Sicilian, and a defendant—that is to say, though he had little chance of obtaining justice—and was in an unfortunate position, still would not bear with or listen to Timarchides any longer. Do, said he, whatever you please; I will not give any more And this, too, was the advice of his friends and defenders; and so much the more, because Verres, however he might conduct himself on the trial, still had with him on the bench some honourable men of the Syracusan community, who had also been on the bench with Sacerdos when this same Sopater had been acquitted. They considered that it was absolutely impossible for the same men, who had formerly acquitted Sopater, to condemn him now on the same charge, supported by the same witnesses. And so with this one hope they came before the court.
70. ad causam dicendam ventum est, tum vero sine metu sine cura omnes erant qui Sopatrum defendebant. nullum erat, res erat iudicata, Verres nummos acceperat: quis posset dubitare quidnam esset futurum? illo die non peroratur, iudicium dimittitur. ad Sopatrum Timarchides venit, ait accusatores eius multo maiorem pecuniam praetori polliceri quam quantam hic dedisset; proinde, si saperet, videret [quid sibi esset faciendum]., quamquam erat et Siculus et reus, hoc est et iure iniquo et tempore adverso, ferre tamen atque audire diutius Timarchidem non potuit. “,” inquit, “quod libet; daturus non sum amplius.” hoc amicis eius et defensoribus videbatur, atque eo etiam magis quod iste, quoquo modo se in ea quaestione praebebat, tamen in consilio habebat homines honestos e conventu Syracusano, qui Sacerdoti quoque in consilio fuerant tum cum est idem hic Sopater absolutus. rationis habebant, facere eos nullo modo posse ut eodem crimine eisdem testibus Sopatrum condemnarent idem homines qui antea absolvissent. hac una spe ad iudicium venitur.
71. And when they came thither, when the same men came in numbers on the bench who were used to sit there, and when the whole defence of Sopater rested on this hope, namely, on the number and dignity of the bench of judges, and on the fact of their being, as I have said before, the same men who had before acquitted Sopater of the same charge, mark the open rascality and audacity of the man, not attempted to be disguised, I will not say under any reason, but with even the least dissimulation. He orders Marcus Petilius, a Roman knight, whom he had with him on the bench, to attend to a private cause in which he was judge. Petilius refused, because Verres himself was detaining his friends whom he had wished to have with him on the bench. He, liberal man, said that he did not wish to detain any of the men who preferred being with Petilius. And so they all go; for the rest also prevail upon him not to detain them, saying that they wished to appear in favour of one or other of the parties who were concerned in that trial. And so he is left alone with his most worthless retinue.
71. posteaquam est ventum, cum in consilium frequentes convenissent idem qui solebant, et hac una spe tota defensio Sopatri niteretur, consili frequentia et dignitate, et quod erant, ut dixi, idem qui antea Sopatrum eodem illo crimine liberarant, cognoscite hominis apertam ac non modo non ratione, sed ne dissimulatione quidem tectam improbitatem et audaciam. M. Petilium, equitem Romanum, quem habebat in consilio, iubet operam dare, quod rei privatae iudex esset. Petilius recusabat, quod suos amicos, quos sibi in consilio esse vellet, ipse Verres retineret in consilio. homo liberalis negat se quemquam retinere eorum qui Petilio vellent adesse. discedunt omnes; nam ceteri quoque impetrant ne retineantur; qui se velle dicebant alterutri eorum qui tum illud iudicium habebant adesse. iste solus cum sua cohorte nequissima relinquitur.
72. Minucius, who was defending Sopater, did not doubt that Verres, since he had dismissed the whole bench, would not proceed with the investigation of his cause that day; when all of a sudden he is ordered to state his case. He answers, “To whom?” “To me,” says Verres, “if I appear to you of sufficient dignity to try the cause of a Sicilian, a Greek.” “Certainly,” says he, “you are of sufficient dignity, but I wish for the presence of those men who were present before, and were acquainted with the case.” “State your case,” says he; “they cannot be present.” “For in truth,” says Quintus Minucius, “Petilius begged me also to be with him on the bench;” and at the same time he began to leave his seat as counsel.
72. dubitabat Minucius, qui Sopatrum defendebat, quin iste, quoniam consilium dimisisset, illo die rem illam quaesiturus non esset, cum repente iubetur dicere., “quos?” “me,” inquit, “si tibi idoneus videor qui de homine Siculo ac Graeculo iudicem.” “es,” inquit, “sed pervellem adessent ii qui adfuerant antea causamque cognorant.” “,” inquit; “illi adesse non possunt.” “hercule,” inquit Minucius, “me quoque Petilius ut sibi in consilio adessem rogavit”, et simul a subselliis abire coepit.
73. Verres, in a rage, attacks him with pretty violent language, and even began to threaten him severely, for bringing such a charge, and trying to excite such odium against him. Minucius, who lived as a merchant at Syracuse, in such a way as always to bear in mind his rights and his dignity and who knew that it became him not to increase his property in the province at the expense of any portion of his liberty, gave the man such answer as seemed good to him, and as the occasion and the cause required. He said that he would not speak in defence of his client when the bench of judges was sent away and dismissed. And so he left the bar. And all the other friends and advocates of Sopater, except the Sicilians, did the same.
73. iratus hominem verbis vehementioribus prosequitur, atque ei gravius etiam minari coepit quod in se tantum crimen invidiamque conflaret. Minucius, qui Syracusis sic negotiaretur ut sui iuris dignitatisque meminisset, et qui sciret se ita in provincia rem augere oportere ut ne quid de libertate deperderet, homini quae visa sunt, et quae tempus illud tulit et causa, respondit, causam sese dimisso atque ablegato consilio defensurum negavit. a subselliis discessit, idemque hoc praeter Siculos ceteri Sopatri amici advocatique fecerunt.
74. Verres, though he is a man of incredible effrontery and audacity, yet when he was thus suddenly left alone got frightened and agitated. He did not know what to do, or which way to turn. If he adjourned the investigation at that time, he knew that when those men were present, whom he had got rid of for the time, Sopater would be acquitted; but if he condemned an unfortunate and innocent man, (while he himself, the praetor, was without any colleagues, and the defendant without any counsel or patron,) and rescinded the decision of Caius Sacerdos, he thought that he should not be able to withstand the unpopularity of such an act. So he was quite in a fever with perplexity. He turned himself every way, not only as to his mind, but also as to his body; so that all who were present could plainly see that fear and covetousness were contending together in his heart. There was a great crowd of people present, there was profound silence, and eager expectation which way his covetousness was going to find vent. His attendant Timarchides was constantly stooping down to his ear.
74. quamquam est incredibili importunitate et audacia, tamen subito solus destitutus pertimuit et conturbatus est; quid ageret, quo se verteret nesciebat. dimisisset eo tempore quaestionem, post, illis adhibitis in consilium quos ablegarat, absolutum iri Sopatrum videbat; sin autem hominem miserum atque innocentem ita condemnasset, cum ipse praetor sine consilio, reus autem sine patrono atque advocatis fuisset, iudiciumque C. Sacerdotis rescidisset, invidiam se sustinere tantam non posse arbitrabatur. aestuabat dubitatione, versabat se utramque in partem non solum mente, verum etiam corpore, ut omnes qui aderant intellegere possent in animo eius metum cum cupiditate pugnare. hominum conventus maximus, summum silentium, summa exspectatio quonam esset eius cupiditas eruptura; crebro se accensus demittebat ad aurem Timarchides.
75. Then at last he said, “Come, state your case.” Sopater began to implore him by the good faith of gods and man, to hear the cause in company with the rest of the bench. He orders the witnesses to be summoned instantly. One or two of them give their evidence briefly. No questions are asked. The crier proclaims that the case is closed. Verres, as if he were afraid that Petilius, having either finished or adjourned the private cause on which he was engaged, might return to the bench with the rest, jumps down in haste from his seat; he condemned an innocent man, one who had been acquitted by Caius Sacerdos, without hearing him in his defence, by the joint sentence of a secretary, a physician, and a soothsayer.
75. iste aliquando “dic!” inquit. orare atque obsecrare ut cum consilio cognosceret. repente iste testis citari iubet; dicit unus et alter breviter; nihil interrogatur; praeco dixisse pronuntiat., quasi metueret ne Petilius privato illo iudicio transacto aut prolato cum ceteris in consilium reverteretur, ita properans de sella exsilit, hominem innocentem a C. Sacerdote absolutum indicta causa de sententia scribae medici haruspicisque condemnat.
76. Keep, pray keep that man in the city, O judges. Spare him and preserve him, that you may have a man to assist you in judging causes; to declare his opinion in the senate on questions of war and peace, without any covetous desires. Although, indeed, we and the Roman people have less cause to be anxious as to what his opinion in the senate is likely to be: for what will be his authority? When will he have either the daring or the power to deliver his opinion? When will a man of such luxury and such indolence ever attempt to mount up to the senate-house except in the month of February? However, let him come; let him vote war against the Cretans, liberty to the Byzantines; let him call Ptolemy king; let him say and think everything which Hortensius wishes him. These things do not so immediately concern us—have not such immediate reference to the risk of our lives, or to the peril of our fortunes.
76. , retinete hominem in civitate, iudices, parcite et conservate, ut sit qui vobiscum res iudicet, qui in senatu sine ulla cupiditate de bello et pace sententiam ferat. minus id quidem nobis, minus populo Romano laborandum est, qualis istius in senatu sententia futura sit. enim eius auctoritas erit? quando iste sententiam dicere audebit aut poterit? quando autem homo tantae luxuriae atque desidiae nisi Februario mense aspirabit in curiam? veniat sane, decernat bellum Cretensibus, liberet Byzantios, regem appellet Ptolomaeum, quae vult Hortensius omnia dicat et sentiat; minus haec ad nos, minus ad vitae nostrae discrimen, minus ad fortunarum nostrarum periculum pertinent.
77. What really is of vital importance, what is formidable, what is to be dreaded by every virtuous man, is, that if through any influence this man escapes from this trial, he must be among the judges; he must give his decision on the lives of Roman citizens; he must be standard-bearer in the army of that man who wishes to possess undisputed sway over our courts of justice. This the Roman people refuses; this it will never endure; the whole people raises an outcry, and gives you leave, if you are delighted with these men, if you wish from such a set to add splendour to your order, and an ornament to the senate-house, to have that fellow among you as a senator, to have him even as a judge in your own cases, if you choose; but men who are not of your body, men to whom the admirable Cornelian laws do not give the power of objecting to more than three judges, do not choose that this man, so cruel, so wicked, so infamous should sit as judge in matters in which they are concerned.
77. est capitale, illud formidolosum, illud optimo cuique metuendum, quod iste, ex hoc iudicio si aliqua vi se eripuerit, in iudicibus sit necesse est, sententiam de capite civis Romani ferat, sit in eius exercitu signifer qui imperium iudiciorum tenere vult. populus Romanus recusat, hoc ferre non potest; clamat permittitque vobis ut, si istis hominibus delectemini, si ex eo genere splendorem ordini atque ornamentum curiae constituere velitis, habeatis sane istum vobiscum senatorem, etiam de vobis iudicem, si vultis, habeatis; de se homines, si qui extra istum ordinem sunt, quibus ne reiciendi quidem amplius quam trium iudicum praeclarae leges Corneliae faciunt potestatem, hunc hominem tam crudelem, tam sceleratum, tam nefarium nolunt iudicare.
78. In truth, if that is a wicked action, (which appears to me to be of all actions the most base, and the most wicked,) to take money to influence a decision in a court of law, to put up one's good faith and religion to auction; how much love wicked, flagitious, and scandalous is it, to condemn a man from whom you have taken money to acquit him?—so that the praetor does not even act up to the customs of robbers, for there is honour among thieves. It is a sin to take money from a defendant; how much more to take it from an accuser! how much more wicked still to take it from both parties! When you had put up your good faith to auction in the province, he had the most weight with you who gave you the most money.—That was natural: perhaps some time or other some one else may have done something of the same sort. But when you had already disposed of your good faith and of your scruples to the one party, and had received the money, and had afterwards sold the very same articles to his adversary for a still higher price, are you going to cheat both, and to decide as you please? and not even to give back the money to the party whom you have deceived?
78. si illud est flagitiosum, quod mihi omnium rerum turpissimum maximeque nefarium videtur, ob rem iudicandam pecuniam accipere, pretio habere addictam fidem et religionem, quanto illud flagitiosius improbius indignius, eum a quo pecuniam ob absolvendum acceperis condemnare, ut ne praedonum quidem praetor in fide retinenda consuetudinem conservet! est accipere ab reo: quanto magis ab accusatore, quanto etiam sceleratius ab utroque! cum proposuisses venalem in provincia, valuit apud te plus is qui pecuniam maiorem dedit.; forsitan aliquis aliquando eius modi quidpiam fecerit. vero fidem ac religionem tuam iam alteri addictam pecunia accepta habueris, postea eandem adversario tradideris maiore pecunia, utrumque falles, et trades cui voles, et ei quem fefelleris ne pecuniam quidem reddes?
79. What is the use of speaking to me of Bulbus, of Stalenus? What monster of this sort, what prodigy of wickedness have we ever heard of or seen, who would first sell his decision to the defendant, and afterwards decide in favour of the accuser? who would get rid of, and dismiss from the bench honourable men who were acquainted with the cause; would by himself alone condemn a defendant, who had been acquitted once from whom he had taken money, and would not restore: him his money?—Shall we have this man on the list of judges Shall he be named as judge in the second senatorial decury? Shall he be the Judge of the lives of free men? Shall a judicial tablet be entrusted to him, which he will mark not only with wax, but with blood too if it be made worth his while?
79. mihi tu Bulbum, quem Staienum? quod umquam huiusce modi monstrum aut prodigium audivimus aut vidimus, qui cum reo transigat, post cum accusatore decidat, honestos homines, qui causam norint, ableget a consilioque dimittat, ipse solus reum absolutum, a quo pecuniam acceperit, condemnet pecuniamque non reddat? hominem in iudicum numero habebimus? hic alteram decuriam senatoriam iudex obtinebit? hic de capite libero iudicabit? huic iudicialis tabella committetur? quam iste non modo cera, verum etiam sanguine, si visum erit, notabit.
80. For what of all these things does he deny having done? That, perhaps, which he must deny or else be silent,—the having taken the money? Why should he not deny it? But the Roman knight who defended Sopater, who was present at all his deliberations and at every transaction, Quintus Minucius, says on his oath that the money was paid; he says on his oath that Timarchides said that a greater sum was being offered by the accusers. All the Sicilians will say the same; all the citizens of Halicya will say the same; even the young son of Sopater will say the same, who by that most cruel man has been deprived of his innocent father and of his father's property.
80. enim horum se negat fecisse? illud videlicet unum, quod necesse est, pecuniam accepisse. iste neget? eques Romanus, qui Sopatrum defendit, qui omnibus eius consiliis rebusque interfuit, Q. Minucius, iuratus dicit pecuniam datam, iuratus dicit Timarchidem dixisse maiorem pecuniam ab accusatoribus dari; dicent hoc multi Siculi, dicent omnes Halicyenses, dicet etiam praetextatus Sopatri filius, qui ab isto homine crudelissimo patre innocentissimo pecuniaque patria privatus est.
81. But if I cannot make the case plain, as far as the money is concerned, by evidence, can you deny this, or will you now deny, that after you had dismissed the rest of the judges, after those excellent men who had sat on the bench with Caius Sacerdos, and who were used to sit there with you, had been got rid of, you by yourself decided a matter which had been decided before?—that the man, whom Caius Sacerdos, assisted by a bench of colleagues, after an investigation of the case, acquitted, you, without any bench of colleagues, without investigating the case, condemned? When you have confessed this, which was done openly in the forum at Syracuse, before the eyes of the whole province; then deny, if you like, that you received money. You will be very likely to find a man, when he sees these things which were done openly, to ask what you did secretly; or to doubt whether he had better believe my witnesses or your defenders.
81. si de pecunia testibus planum facere non possem, illud negare posses aut nunc negabis, te consilio tuo dimisso, viris primariis qui in consilio C. Sacerdoti fuerant tibique esse solebant remotis, de re iudicata iudicavisse? teque eum quem C. Sacerdos adhibito consilio causa cognita absolvisset, eundem remoto consilio causa incognita condemnasse? haec confessus eris, quae in foro palam Syracusis in ore atque in oculis provinciae gesta sunt, negato tum sane, si voles, te pecuniam accepisse: reperies, credo, aliquem qui, cum haec quae palam gesta sunt videat, quaerat quid tu occulte egeris, aut qui dubitet utrum malit meis testibus an tuis defensoribus credere.
82. I have already said, O judges, that I shall not enumerate all that fellow's actions which are of this sort; but that I shall select those which are the most remarkable. Listen now to another remarkable exploit of his, one that has already been mentioned in many places, and one of such a sort that every possible crime seems to be comprehended in that one. Listen carefully, for you will find that this deed had its origin in covetousness, its growth in lust, its consummation and completeness in cruelty.
82. iam ante me non omnia istius quae in hoc genere essent enumeraturum, sed electurum ea quae maxime excellerent. nunc aliud eius facinus nobile et multis locis saepe commemoratum, et eius modi ut in uno omnia maleficia inesse videantur. diligenter; invenietis enim id facinus natum a cupiditate, auctum per stuprum, crudelitate perfectum atque conclusum.
83. Sthenius, the man who is sitting by us, is a citizen of Thermae, long since known to many by his eminent virtue and his illustrious birth, and now known to all men by his own misfortune and the unexampled injuries he has received from that man. Verres having often enjoyed his hospitality, and having not only stayed often with him at Thermae, but having almost dwelt with him there, took away from him out of his house everything which could in any uncommon degree delight the mind or eyes of any one. In truth, Sthenius from his youth had collected such things as these with more than ordinary diligence; elegant furniture of brass, made at Delos and at Corinth, paintings, and even a good deal of elegantly wrought silver, as far as the wealth of a citizen of Thermae could afford. And these things, when he was in Asia as a young man, he had collected diligently, as I said, not so much for any pleasure to himself, as for ornaments against the visits of Roman citizens, his own friends and connections, whenever he invited them.
83. Sthenius est, hic qui nobis adsidet, Thermitanus, antea multis propter summam virtutem summamque nobilitatem, nunc propter suam calamitatem atque istius insignem iniuriam omnibus notus. hospitio Verres cum esset usus, et cum apud eum non solum Thermis saepenumero fuisset, sed etiam habitasset, omnia domo eius abstulit quae paulo magis animum cuiuspiam aut oculos possent commovere. Sthenius ab adulescentia paulo studiosius haec compararat: supellectilem ex aere elegantiorem et Deliacam et Corinthiam, tabulas pictas, etiam argenti bene facti, prout Thermitani hominis facultates ferebant, satis. cum esset in Asia adulescens studiose, ut dixi, compararat, non tam suae delectationis causa quam ad invitationes adventusque nostrorum hominum, [suorum ] amicorum atque hospitum.
84. But after Verres got them all, some by begging for then, some by demanding them, and some by boldly taking them, Sthenius bore it as well as he could, but he was affected with unavoidable indignation in his mind, at that fellow having rendered his house, which had been so beautifully furnished and decorated, naked and empty; still he told his indignation to no one. He thought he must bear the injuries of the praetor in silence—those of his guest with calmness.
84. posteaquam iste omnia abstulit, alia rogando, alia poscendo, alia sumendo, ferebat Sthenius ut poterat; angebatur animi necessario quod domum eius exornatam et instructam fere iam iste reddiderat nudam atque inanem; verum tamen dolorem suum nemini impertiebat; praetoris iniurias tacite, hospitis placide ferendas arbitrabatur.
85. Meantime that man, with that covetousness of his which was now notorious and the common talk of every one, as he took a violent fancy to some exceedingly beautiful and very ancient statues at Thermae placed in the public place, began to beg of Sthenius to promise him his countenance and to aid him in taking them away. But Sthenius not only refused, but declared to him that it was utterly impossible that most ancient statues, memorials of Publius Africanus, should ever be taken away out of the town of the Thermitani, as long as that city and the empire of the Roman people remained uninjured.
85. iste cupiditate illa sua nota atque apud omnis pervagata, cum signa quaedam pulcherrima atque antiquissima Thermis in publico posita vidisset, adamavit; a Sthenio petere coepit ut ad ea tollenda operam suam profiteretur seque adiuvaret. Sthenius vero non solum negavit, sed etiam ostendit fieri id nullo modo posse ut signa antiquissima, monumenta P. Africani, ex oppido Thermitanorum incolumi illa civitate imperioque populi Romani tollerentur.
86. Indeed, (that you may learn at the same time both the humanity and the justice of Publius Africanus,) the Carthaginians had formerly taken the town of Himera, one of the first towns in Sicily for renown and for beauty. Scipio as he thought it a thing worthy of the Roman people, that, after the war was over, our allies should recover their property in consequence of our victory, took care, after Carthage had been taken, that everything which he could manage should be restored to all the Sicilians. As Himera had been destroyed, those citizens whom the disasters of the war had spared had settled at Thermae, on the border of the same district, and not far from their ancient town. They thought that they were recovering the fortune and dignity of their fathers, when those ornaments of their ancestors were being placed in the town of Thermae.
86. ut simul Africani quoque humanitatem et aequitatem cognoscatis, oppidum Himeram Carthaginienses quondam ceperant, quod fuerat in primis Siciliae clarum et ornatum. Scipio, qui hoc dignum populo Romano arbitraretur, bello confecto socios sua per nostram victoriam recuperare, Siculis omnibus Carthagine capta quae potuit restituenda curavit. Himera deleta quos civis belli calamitas reliquos fecerat, ii se Thermis conlocarant in isdem agri finibus neque longe ab oppido antiquo, et se patrum fortunas et dignitatem recuperare arbitrabantur cum illa maiorum ornamenta in eorum oppido conlocabantur.
87. There were many statues of brass; among them a statue of Himera herself, of marvellous beauty, made in the shape and dress of a woman, after the name of the town and of the river. There was also a statue of the poet Stesichorus, aged, stooping,—made, as men think, with the most exceeding skill,—who was, indeed, a citizen of Himera, but who both was and is in the highest renown and estimation over all Greece for his genius. These things he coveted to a degree of madness. There is also, which I had almost passed over, a certain she-goat made, as even we who are skilled in these matters can judge, with wonderful skill and beauty. These, and other works of art, Scipio had not thrown away like a fool, in order that an intelligent man like Verres might have an opportunity of carrying them away, but he had restored them to the people of Thermae; not that he himself had not gardens, or a suburban villa, or some place or other where he could put them; but, if he had taken them home, they would not long have been called Scipio's, but theirs to whom they had come by his death. Now they are placed in such places that it seems to me they will always seem to be Scipio's, and so they are called.
87. signa ex aere complura; in his eximia pulchritudine ipsa Himera in muliebrem figuram habitumque formata ex oppidi nomine et fluminis. etiam Stesichori poetae statua senilis incurva cum libro summo, ut putant, artificio facta, qui fuit Himerae, sed et est et fuit tota Graecia summo propter ingenium honore et nomine. iste ad insaniam concupiverat., quod paene praeterii, capella quaedam est, ea quidem mire, ut etiam nos qui rudes harum rerum sumus intellegere possumus, scite facta et venuste. et alia Scipio non neglegenter abiecerat, ut homo intellegens Verres auferre posset, sed Thermitanis restituerat, non quo ipse hortos aut suburbanum aut locum omnino ubi ea poneret nullum haberet, sed quod, si domum abstulisset, non diu Scipionis appellarentur, sed eorum ad quoscumque illius morte venissent: nunc iis locis posita sunt ut mihi semper Scipionis fore videantur itaque dicantur.
88. When that fellow claimed those things, and the subject was mooted in the senate, Sthenius resisted his claim most earnestly, and urged many arguments, for he is among the first men in all Sicily for fluency of speech. He said that it was more honourable for the men of Thermae to abandon their city than to allow the memorials of their ancestors, the spoils of their enemies, the gifts of a most illustrious man, the proofs of the alliance and friendship with the Roman people, to be taken away out of their city. The minds of all were moved. No one was found who did not agree that it was better to die. And so Verres found this town almost the only one in the whole world from which he could not carry off anything of that sort belonging to the community, either by violence, or by stealth, or by his own absolute power, or by his interest, or by bribery. But, however, all this covetousness of his I will expose another time; at present I must return to Sthenius.
88. cum iste posceret agereturque ea res in senatu, Sthenius vehementissime restitit multaque, ut in primis Siculorum in dicendo copiosus est, commemoravit: urbem relinquere Thermitanis esse honestius quam pati tolli ex urbe monumenta maiorum, spolia hostium, beneficia clarissimi viri, indicia societatis populi Romani atque amicitiae. animi sunt omnium; repertus est nemo quin mori diceret satius esse. hoc adhuc oppidum Verres invenit prope solum in orbe terrarum unde nihil eius modi rerum de publico per vim, nihil occulte, nihil imperio, nihil gratia, nihil pretio posset auferre. hasce eius cupiditates exponam alio loco; nunc ad Sthenium revertar.
89. Verres being furiously enraged against Sthenius, renounces the connection of hospitality with him, leaves his house, and departs; for, indeed, he had moved his quarters before. The greatest enemies of Sthenius immediately invite him to their houses, in order to inflame his mind against Sthenius by inventing lies and accusing him. And these enemies were, Agathinus, a man of noble birth, and Dorotheus, who had married Callidama, the daughter of that same Agathinus, of whom Verres had heard. So he preferred migrating to the son-in-law of Agathinus. Only one night elapsed before he became so intimate with Dorotheus, that, as one might say, they had everything in common. He paid as great attention to Agathinus as if he had been some connection or relation of his own. He appeared even to despise that statue of Himera, because the figure and features of his hostess delighted him much more.
89. iste vehementer Sthenio atque incensus hospitium ei renuntiat, domo eius emigrat atque adeo exit; nam iam ante emigrarat. Eum autem statim inimicissimi Stheni domum suam invitant, ut animum eius in Sthenium inflammarent ementiendo aliquid et criminando. autem erant inimici Agathinus, homo nobilis, et Dorotheus, qui habebat in matrimonio Callidamam, Agathini eius filiam; de qua iste audierat, itaque ad generum Agathini migrare maluit. Vna nox intercesserat cum iste Dorotheum sic diligebat ut diceres omnia inter eos esse communia, Agathinum ita observabat ut aliquem adfinem atque propinquum; contemnere etiam signum illud Himerae iam videbatur, quod eum multo magis figura et liniamenta hospitae delectabant.
90. Therefore he began to instigate the men to create some danger for Sthenius, and to invent some accusation against him. They said they had nothing to allege against him. On this he openly declared to them, and promised to them that they might prove whatever they pleased against Sthenius if they only laid the information before him. So they do not delay. They immediately bring Sthenius before him; they say that the public documents have been tampered with by him. Sthenius demands, that as his own fellow-citizens are prosecuting him on a charge of tampering with the public documents, and as there is a right of action on such a charge according to the laws of the Thermitani since the senate and people of Rome had restored to the Thermitani their city, and their territory and their laws, because they had always remained faithful and friendly; and since Publius Rupilius had afterwards, in obedience to a degree of the senate, given laws to the Sicilinus, acting with the advice of ten commissioners, according to which the citizens were to use their own laws in their actions with one another; and singe Verres himself had the same regulation contained in his edict;—on all these accounts, I say, he claims of Verres to refer the matter to their own laws.
90. hortari homines coepit ut aliquid Sthenio periculi crearent criminisque confingerent. se illi nihil habere quod dicerent. iste iis aperte ostendit et confirmavit eos in Sthenium quidquid vellent, simul atque ad se detulissent, probaturos. illi non procrastinant, Sthenium statim educunt, aiunt ab eo litteras publicas esse corruptas. Sthenius postulat ut, cum secum sui cives agant de litteris publicis corruptis, eiusque rei legibus Thermitanorum actio sit, senatusque et populus Romanus Thermitanis, quod semper in amicitia fideque mansissent, urbem agros legesque suas reddidisset Publiusque Rupilius postea leges ita Siculis ex senatus consulto de x legatorum sententia dedisset ut cives inter sese legibus suis agerent, idemque hoc haberet Verres ipse in edicto: ut de his omnibus causis se ad leges reiceret.
91. That man, the justest of all men, and the most remote from covetousness, declares that he will investigate the affair himself, and bids him come prepared to plead his cause at the eighth hour. It was not difficult to see what that dishonest and wicked man was designing. And, indeed, he did not himself very much disguise it, and the woman could not hold her tongue. It was understood that his intention was, that, after he, without any pleading taking place, and without any witnesses being called, had condemned Sthenius, then, infamous that he was, he should cause the man, a man of noble birth, of mature age, and his own host, to be cruelly punished by scourging. And as this was notorious, by the advice of his friends and connections, Sthenius fled from there to Rome. He preferred trusting himself to the winter and to the waves, rather than not escape that common tempest and calamity of all the Sicilians.
91. homo omnium aequissimus atque a cupiditate remotissimus se cogniturum esse confirmat; paratum ad causam dicendam venire hora nona iubet. erat obscurum quid homo improbus ac nefarius cogitaret; neque enim ipse satis occultarat, nec mulier tacere potuerat. est id istum agere ut, cum Sthenium sine ullo argumento ac sine teste damnasset, tum homo nefarius de homine nobili atque id aetatis suoque hospite virgis supplicium crudelissime sumeret. cum esset perspicuum, de amicorum hospitumque suorum sententia Thermis Sthenius Romam profugit: hiemi fluctibusque sese committere maluit quam non istam communem Siculorum tempestatem calamitatemque vitaret.
92. That punctual and diligent man is ready at the eighth hour. He orders Sthenius to be summoned; and, when he sees that he does not appear, he begins to burn with indignation, and to go mad with rage; to despatch officers to his house; to send horsemen in every direction about his farms and country houses,—and as he kept waiting there till some certain news could be brought to him, he did not leave the court till the third hour of the night. The next day he came down again the first thing in the morning; he calls Agathinus, he bids him make his statement about the public documents against Sthenius in his absence. It was a cause of such a character, that, even though he had no adversary in court, and a judge unfriendly to the defendant, still he could not find anything to say.
92. homo certus et diligens ad horam nonam praesto est, Sthenium citari iubet. posteaquam videt non adesse, dolore ardere atque iracundia furere coepit, Venerios domum Stheni mittere, equis circum agros eius villasque dimittere. dum exspectat quidnam sibi certi adferatur, ante horam tertiam noctis de foro non discedit. mane descendit; Agathinum ad se vocat; iubet eum de litteris publicis in absentem Sthenium dicere. eius modi causa ut ille ne sine adversario quidem apud inimicum iudicem reperire posset quid diceret;
93. So that he confined himself to the mere statement that, when Sacerdos was praetor, Sthenius had tampered with the public documents. He had scarcely said this when Verres gives sentence “that Sthenius seems to have tampered with the public documents,” and, moreover, this man so devoted to Venus, added this besides, with no precedent for, no example of, such an addition, “For that action he should adjudge five hundred thousand sesterces to Venus Erycina out of the property of Sthenius.” And immediately he began to sell his property; and he would have sold it, if there had been ever so little delay in paying him the money.
93. itaque tantum verbo posuit, Sacerdote praetore Sthenium litteras publicas corrupisse. ille hoc dixerat cum iste pronuntiat Sthenivm litteras pvblicas corrvpisse videri; et hoc praeterea addit homo Venerius novo modo nullo exemplo, ob eam rem HS d Veneri Erycinae de Stheni bonis se exactvrvm, bonaque eius statim coepit vendere; et vendidisset, si tantulum morae fuisset quo minus ei pecunia illa numeraretur.
94. After it was paid, he was not content with this iniquity; he gave notice openly from the seat of justice, and from the tribunal, “That if any one wished to accuse Sthenius in his absence of a capital charge, he was ready to take the charge.” And immediately he began to instigate Agathinus, his new relation and host, to apply himself to such a cause, and to accuse him. But he said loudly, in the hearing of every one, that he would not do so, and that he was not so far an enemy to Sthenius as to say that he was implicated in any capital crime. Just at this moment a man of the name of Pacilius, a needy and worthless man, arrives on a sudden. He says, that he is willing to accuse the man in his absence if he may. And Verres tells him that he may, that it is a thing often done, and that he will receive the accusation. So the charge is made. Verres immediately issues an edict that Sthenius is to appear at Syracuse on the first of December.
94. posteaquam numerata est, contentus hac iniquitate iste non fuit; palam de sella ac tribunali pronuntiat, sl qvis absentem Sthenivm rei capitalis revm facere vellet, sese eivs nomen receptvrvum et simul ut ad causam accederet nomenque deferret, Agathinum, novum adfinem atque hospitem, coepit hortari. ille clare omnibus audientibus se id non esse facturum, neque se usque eo Sthenio esse inimicum ut eum rei capitalis adfinem esse diceret. tum repente Pacilius quidam, homo egens et levis, accedit; ait, si liceret, absentis nomen deferre se velle. vero et licere et fieri solere, et se recepturum; itaque defertur; edicit statim ut Kalendis Decembribus adsit Sthenius Syracusis.
95. He, when he had reached Rome, and had a sufficiently prosperous voyage for so unfavourable a time of year, and had found everything more just and gentle than the disposition of the praetor, his own guest, related the whole matter to his friends, and it appeared to them all cruel and scandalous, as indeed it was. Therefore Cnaeus Lentulus and Lucius Gellius the consuls immediately propose in the senate that it be established as a law, if it so seem good to the conscript fathers, “That men be not proceeded against on capital charges in the provinces while they are absent.” They relate to the senate the whole case of Sthenius, and the cruelty and injustice of Verres. Verres, the father of the praetor, was present in the senate, and with tears begged all the senators to spare his son, but he had not much success. For the inclination of the senate for the proposal of the consuls was extreme. Therefore opinions were delivered to this effect; “that as Sthenius had been proceeded against in his absence, it seemed good to the senate that no trial should take place in the case of an absent man; and if anything had been done, it seemed good that it should not be ratified.”
95. qui Romam pervenisset, satisque feliciter anni iam adverso tempore navigasset, omniaque habuisset aequiora et placabiliora quam animum praetoris atque hospitis, rem ad amicos suos detulit, quae, ut erat acerba atque indigna, sic videbatur omnibus. in senatu continuo Cn. Lentulus et L. Gellius consules faciunt mentionem placere statui, si patribus conscriptis videretur, ne absentes homines in provinciis rei fierent rerum capitalium; causam Stheni totam et istius crudelitatem et iniquitatem senatum docent. in senatu Verres pater istius, et flens unum quemque senatorum rogabat ut filio suo parceret; neque tamen multum proficiebat; erat enim summa voluntas senatus. sententiae dicebantur: cvm Sthenivs absens revs̵ factvs esset, de absente ivdicivm nvllvm fieri placere, et, sl qvod esset factvm, id ratvm esse non placere.
96. On that day nothing could be done, because it was so late, and because his father had found men to waste the time in speaking. Afterwards the elder Verres goes to all the defenders and connections of Sthenius; he begs and entreats them not to attack his son, not to be anxious about Sthenius; he assures them that he will take care that he suffers no injury by means of his son; that with that object he will send trustworthy men into Sicily both by sea and land. And it wanted now about thirty days of the first of December, on which day he had ordered Sthenius to appear at Syracuse.
96. die transigi nihil potuit, quod et id temporis erat et ille pater istius invenerat homines qui dicendo tempus consumerent. senex Verres defensores atque hospites omnis Stheni convenit, rogat eos atque orat ne oppugnent filium suum, de Sthenio ne laborent; confirmat iis curaturum se esse ne quid ei per filium suum noceretur; se homines certos eius rei causa in Siciliam et terra et mari esse missurum. erat spatium dierum fere xxx ante Kalendas Decembris, quo die iste ut Syracusis Sthenius adesset edixerat.
97. The friends of Sthenius are moved; they hope that by the letters and messengers of the father the Bon may be called off from his insane attempt. The cause is not agitated any more in the senate. Family messengers come to Verres, and bring him letters from his father before the first of December, before any steps whatever had been taken by him in Sthenius's affair; and at the same time many letters about the same business are brought to him from many of his friends and intimates. On this he, who had never any regard either for his duty or his danger, or for affection, or for humanity, when put in competition with his covetousness, did not think, as far as he was advised, that the authority of his father, nor, as far as he was entreated, that his inclination was to be preferred to the gratification of his own evil passions. On the morning of the first of December, according to his edict, he orders Sthenius to be summoned.
97. amici Stheni; sperant fore ut patris litteris nuntiisque filius ab illo furore revocetur. senatu postea causa non agitur. ad istum domestici nuntii litterasque a patre adferunt ante Kalendas Decembris, cum isti etiam tum de Sthenio in integro tota res esset, eodemque ei tempore de eadem re litterae complures a multis eius amicis ac necessariis adferuntur. iste, qui prae cupiditate neque offici sui neque periculi neque pietatis neque humanitatis rationem habuisset umquam, neque in eo quod monebatur auctoritatem patris neque in eo quod rogabatur voluntatem anteponendam putavit libidini suae, mane Kalendis Decembribus, ut edixerat, Sthenium citari iubet.
98. If your father, at the request of any friend, whether influenced by kindness or wishing to curry favour with him, had made that petition to you, still the inclination of your father ought to have had the greatest weight with you; but when he begged it of you for the sake of your own safety from a capital charge, and when he had sent trustworthy men from home, and when they had come to you at a time when the whole affair was still intact, could not even then a regard, if not for affection, at least for your own safety, bring you back to duty and to common sense? He summons the defendant. He does not answer. He summons the accuser. (Mark, I pray you, O judges; see how greatly fortune herself opposed that man's insanity, and see at the same time what chance aided the cause of Sthenius;) the accuser, Marcus Pacilius, being summoned, (I know not how it came about,) did not answer, did not appear.
98. abs te istam rem parens tuus alicuius amici rogatu benignitate aut ambitione adductus petisset, gravissima tamen apud te voluntas patris esse debuisset; cum vero abs te tui capitis causa peteret hominesque certos domo misisset, hique eo tempore ad te venissent cum tibi in integro tota res esset, ne tum quidem te potuit si non pietatis, at salutis tuae ratio ad officium sanitatemque reducere? reum; non respondit; citat accusatorem; (attendite, quaeso, iudices, quanto opere istius amentiae fortuna ipsa adversata sit, et simul videte qui Stheni causam casus adiuverit); citatus accusator, M. Pacilius, nescio quo casu non respondit, non adfuit.
99. If Sthenius had been accused while present, if he had been detected in a manifest crime, still, as his accuser did not appear, Sthenius ought not to have been condemned. In truth, if a defendant could be condemned though his accuser did not appear, I should not have come from Vibo to Velia in a little boat through the weapons of fugitive slaves, and pirates, and through yours, at a time when all that haste of mine at the peril of my life was to prevent your being taken out of the list of defendants if I did not appear on the appointed day. If then in this trial of yours that was the most desirable thing by you,—namely, for me not to appear when I was summoned, why did you not think that it ought also to serve Sthenius that his accuser had not appeared? He so managed the matter that the end entirely corresponded to the beginning; the same man against whom he had received an accusation while he was absent, he condemns now when the accuser is absent.
99. praesens Sthenius reus esset factus, si manifesto in maleficio teneretur, tamen, cum accusator non adesset, Sthenium condemnari non oporteret. si posset reus absente accusatore damnari, non ego a Vibone Veliam parvulo navigio inter fugitivorum ac praedonum ac tua tela venissem, quo tempore omnis illa mea festinatio fuit cum periculo capitis, ob eam causam ne tu ex reis eximerere si ego ad diem non adfuissem. igitur tibi erat in tuo iudicio optatissimum, me cum citatus essem non adesse, cur Sthenio non putasti prodesse oportere, cum eius accusator non adfuisset? fecit ut exitus principio simillimus reperiretur: quem absentem reum fecerat, eum absente accusatore condemnat.