SCRIPTURA

Cicero · Against Verres · 13 of 31

Actio Secunda · Book II · sections 162–192

Translated by Charles Duke Yonge

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162. When, in pursuance of this design, the people of Centuripa had publicly destroyed his statues, Metellus hears of it. He is very indignant; he summons before him the magistrates of Centuripa and the ten principal citizens. He threatens them with measures of great severity, if they do not replace the statues. They report the matter to the senate. The statues, which could do no good to his cause, are replaced; the decrees of the people of Centuripa, which had been passed concerning the statues, are not taken away. Here I can excuse some of the actors. I cannot at all excuse Metellus, a wise man, if he acts foolishly. What? did he think it would look like a crime in Verres, if his statues were thrown down, a thing which is often done by the wind, or by some accident? There could be in such a fact as that no charge against the man, no reproof of him Whence, then, does the charge and accusation arise? From the intention and will of the people by whom it was caused.

162. hoc consilio statuas Centuripini publice sustulissent, audit Metellus; graviter fert; evocat ad se Centuripinorum magistratus et decem primos; nisi restituissent statuas, vehementer minatur. ad senatum renuntiant: statuae, quae istius causae nihil prodessent, reponuntur; decreta Centuripinorum, quae de statuis erant facta, non tolluntur. ego aliud alii concedo: Metello, homini sapienti, prorsus non possum ignoscere si quid stulte facit.? ille hoc putabat Verri criminosum fore, si statuae eius essent deiectae, quod saepe vento aut aliquo casu fieri solet? erat in hoc neque crimen ullum neque reprehensio. quo igitur crimen atque accusatio nascitur? hominum iudicio et voluntate.

163. I, if Metellus had not compelled the men of Centuripa to replace the statues, should say, “See, O judges, what exceeding and bitter indignation the injuries of that man have implanted in the minds of our allies and friends; when that most friendly and faithful city of Centuripa, which is, connected with the Roman people by so many reciprocal good offices, that it has not only always loved our republic, but has also shown its attachment to the very name of Roman in the person of every private individual, has decided by public resolution and by the public authority that the statues of Caius Verres ought not to exist in it.” I should recite the decrees of the people of Centuripa; I should extol that city, as with the greatest truth I might; I should relate that ten thousand of those citizens, the bravest and most faithful of our allies,—that every one of the whole people resolved, that there ought to be no monument of that man in their city. I should say this if Metellus had not replaced the statues.

163. , si Metellus statuas Centuripinos reponere non coegisset, haec dicerem,, iudices, quantum et quam acerbum dolorem sociorum atque amicorum animis inusserint istius iniuriae, cum Centuripinorum amicissima ac fidelissima civitas, quae tantis officiis cum populo Romano coniuncta est ut non solum rem publicam nostram, sed etiam in quovis homine privato nomen ipsum Romanum semper dilexerit, ea publico consilio atque auctoritate iudicarit C. Verris statuas esse in urbe sua non oportere. decreta Centuripinorum; laudarem illam civitatem, id quod verissime possem; commemorarem decem milia civium esse Centuripinorum, fortissimorum fidelissimorumque sociorum; eos omnis hoc statuisse, monumentum istius in sua civitate nullum esse oportere.

164. I should now wish to ask of Metellus himself, whether by his power and authority he has at all weakened my speech? I think the very same language is still appropriate. For, even if the statues were ever so much thrown down, I could not show them to you on the ground. This only statement could I use, that so wise a city had decided that the statues of Caius Verres ought to be demolished. And this argument Metellus has not taken from me. He has even given me this additional one; he has enabled me to complain, if I thought fit, that authority is exercised over our friends and allies with so much injustice, that, even in the services they do people, they are not allowed to use their own unbiased judgment; he has enabled me to entreat you to form your conjectures, how you suppose Lucius Metellus behaved to me in those matters in which he was able to injure me, when he behaved with such palpable partiality in this one in which he could be no hindrance to me. But I am not angry with Metellus, nor do I wish to rob him of his excuse which he puts forth to every one, that he did nothing spitefully nor with any especial design.

164. tum dicerem, si statuas Metellus non reposuisset: velim quaerere nunc ex ipso Metello, quidnam sua vi et auctoritate mihi ex hac oratione praeciderit. opinor omnia convenire. enim, si maxime statuae deiectae essent ego eas vobis possem iacentis ostendere; hoc uno uterer, civitatem tam gravem iudicasse statuas C. Verris demoliendas. mihi Metellus non eripuit; haec etiam addidit, ut quererer, si mihi videretur, tam iniquo iure sociis atque amicis imperari ut iis ne in suis quidem beneficiis libero iudicio uti liceret, vos rogarem ut coniecturam faceretis qualem in his rebus in me L. Metellum fuisse putaretis, in quibus [rebus ] obesse mihi posset, cum in hac re tam aperta cupiditate fuerit, in qua nihil obfuit. ego Metello non irascor neque ei suam vacationem eripio, qua ille apud omnis utitur, ut nihil malitiose neque consulto fecisse videatur.

165. Now, therefore, it is so evident that you cannot deny it, that no statue was given to you with the good will of any one; no money on account of statues, that was not squeezed out and extorted by force. And, in making that charge, I do not wish that alone to be understood, that you get money to the amount of a hundred and twenty thousand sesterces; but much more do I wish to have this point seen clearly, which was proved at the same time, namely, how great both is and was the hatred borne to you by the agriculturists, and by all the Sicilians. And as to this point, what your defence is to be I cannot guess.— “Yes, the Sicilians hate me, because I did a great deal for the sake of the Roman citizens.”

165. igitur est ita perspicuum ut negare non possis nullam tibi statuam voluntate cuiusquam datam, nullam pecuniam statuarum nomine nisi vi expressam et coactam. quidem in crimine non illud solum intellegi volo, te ad statuas HS viciens coegisse, sed multo etiam illud magis, quod simul demonstratum est quantum odium in te aratorum, quantum omnium Siculorum sit et fuerit. quo quae vestra defensio futura sit coniectura adsequi non queo.

166. But they too are most bitter against you, and most hostile. “I have the Roman citizens for my enemies, because I defended the interests and rights of the allies.” But the allies complain that they were considered and treated by you as enemies. “The agriculturists are hostile to me on account of the tenths.” Well; they who cultivate land untaxed and free from this impost; why do they hate you? why do the men of Halesa, of Centuripa, of Segesta, of Halicya hate you? What race of men, what number of men, what rank of men can you name that does not hate you, whether they be Roman citizens or Sicilians? So that even if I could not give a reason for their hating you, still I should think that the fact ought to be mentioned and that you also O judges, ought to hate the man whom all men hate.

166. “Siculi; togatorum enim causa multa feci.” hi quidem acerrimi inimici sunt. “habeo civis Romanos, quod sociorum commoda ac iura defendi.” socii in hostium numero sese abs te habitos queruntur. “inimici sunt propter decumas.”? qui agros immunis liberosque arant, cur oderunt? cur Halaesini, cur Centuripini, cur Segestani, cur Halicyenses? genus hominum, quem numerum, quem ordinem proferre possum qui te non oderit, sive civium Romanorum sive Siculorum? ut, etiamsi causas cur te oderint non possim dicere, tamen illud dicendum putem, quem omnes mortales oderint, eum vobis quoque odio esse oportere.

167. Will you dare to say, either that the agriculturists, that all the Sicilians, in short, think well of you, or that it has nothing to do with the subject what they think? You will not dare to say this, nor if you were to wish to do so would you be allowed. For those equestrian statues erected by the Sicilians, whom you affect to despise, and by the agriculturists, deprive you of the power of saying that; the statues, I mean, which a little while before you came to the city you ordered to be erected and to have inscriptions put upon them, to serve as a check to the inclinations of all your enemies and accusers.

167. hoc dicere audebis, utrum de te aratores, utrum denique Siculi universi bene existiment, aut quo modo existiment, ad rem id non pertinere? tu hoc dicere audebis, nec si cupias licebit; eripiunt enim tibi istam orationem contemnendorum Siculorum atque aratorum statuae illae equestres, quas tu paulo ante quam ad urbem venires poni inscribique iussisti, ut omnium inimicorum tuorum animos accusatorumque tardares.

168. For who would be troublesome to you, or who would dare to bring an action against you, when he saw statues erected to you by traders, by agriculturists, by the common voice of all Sicily? What other class of men is there in that province?—None. Therefore he is not only loved, but even honored by the whole province, and also by each separate portion of it, according to their class. Who will dare to touch this man? Can you then say that the evidence of agriculturists, of traders, and of all the Sicilians against you, ought to be no objection to you, when you hoped to be able to extinguish all your unpopularity and infamy by placing their names in an inscription on your statues? Or, if you attempted to add honour to your statues by their authority, shall I not be able to corroborate my argument by the dignity of those same men?

168. enim tibi molestus esset aut quis appellare te auderet, cum videret statuas ab negotiatoribus, ab aratoribus, a communi Siciliae positas? est aliud in illa provincia genus hominum?. ab universa provincia, generatimque a singulis eius partibus, non solum diligitur, sed etiam ornatur. hunc attingere audeat? igitur dicere nihil tibi obesse oportere aratorum, negotiatorum, Siculorumque omnium testimonia, cum eorum nominibus in statuarum inscriptione oppositis omnem te speraris invidiam atque infamiam tuam posse exstingere? an, quorum tu auctoritate statuas cohonestare tuas conatus es, eorum ego dignitate accusationem meam comprobare non potero?

169. Unless, perchance, in that matter, some little hope still consoles you, because you were popular among the farmers of the revenues: but I have taken care, through my diligence, that that popularity should not serve,—you have contrived, by your own wisdom, to show that it ought to be, an injury to you. Listen, O judges, to the whole affair in a few words. In the collecting the tax on pasture lands in Sicily there is a sub-collector of the name of Lucius Carpinatius, who both for the sake of his own profit, and perhaps because he thought it for the interest of his partners, cultivated the favour of Verres to the neglect of everything else. He, while he was attending the praetor about all the markets, and never leaving him, had got into such familiarity with, and aptitude at the practice of selling Verres's decrees and decisions, and managing his other concerns, that he was considered almost a second Timarchides.

169. Nisi forte quod apud publicanos gratiosus fuisti, in ea re spes te aliqua consolatur. gratia ne quid tibi prodesse posset ego mea diligentia perfeci; ut etiam obesse deberet tu tua sapientia curasti. rem totam, iudices, breviter cognoscite. scriptura Siciliae pro magistro est quidam L. Carpinatius, qui et sui quaestus causa, et fortasse quod sociorum interesse arbitrabatur, bene penitus in istius familiaritatem sese dedit. cum praetorem circum omnia fora sectaretur neque ab eo umquam discederet, in eam iam venerat [familiaritatem] consuetudinem[que] in vendendis istius decretis et iudiciis transigendisque negotiis, ut prope alter Timarchides numeraretur;

170. He was in one respect still more important; because he also lent money at usury to those who were purchasing anything of the praetor. And this usury, O judges, was such that even the profit from the other transactions was inferior to the gain obtained by it. For the money which he entered as paid to those with whom he was dealing, he entered also under the name of Verres's secretary, or of Timarchides, or even under Verres's own name, as received from them. And besides that, he lent other large sums belonging to Verres, of which he made no entry at all, in his own name.

170. hoc erat etiam capitalior, quod idem pecunias iis qui ab isto aliquid mercabantur faenori dabat. autem faeneratio erat eius modi, iudices, ut etiam is quaestus huic cederet; nam quas pecunias ferebat iis expensas quibuscum contrahebat, eas aut scribae istius aut Timarchidi aut etiam isti ipsi referebat acceptas. praeterea pecunias istius extraordinarias grandis suo nomine faenerabatur.

171. Originally this Carpinatius, before he had become so intimate with Verres, had often written letters to the shareholders about his unjust actions. But Canuleius, who had an agency at Syracuse, in the harbour, had also written accounts to his shareholders of many of Verres's robberies, giving instances, especially, concerning things which had been exported from Syracuse without paying the harbour dues. But the same company was farming both the harbour dues and the taxes on pasture land. And thus it happened that there were many things which we could state and produce against Verres from the letters of that company.

171. primo Carpinatius, antequam in istius familiaritatem tantam pervenisset, aliquotiens ad socios litteras de istius iniuriis miserat; Canuleius vero, qui in portu Syracusis operas dabat, furta quoque istius permulta nominatim ad socios perscripserat, ea quae sine portorio Syracusis erant exportata; portum autem et scripturam eadem societas habebat. factum est ut essent permulta quae ex societatis litteris dicere in istum et proferre possemus.

172. But it happened that Carpinatius, who had by this time become connected with him by the greatest intimacy, and also by community of interests, afterwards sent frequent letters to his partners, speaking of his exceeding kindness, and of his services to their common property. And in truth, as he was used to do and to decree everything which Carpinatius requested him, Carpinatius also began to write still more flaming accounts to his shareholders, in order, if possible, utterly to efface the recollection of all that he had written before. But at last, when Verres was departing, he sent letters to them, to beg them to go out in crowds to meet him and to give him thanks; and to promise zealously that they would do whatever he desired them. And the shareholders did so, according to the old custom of farmers; not because they thought him deserving of any honour, but because they thought it was for their own interest to be thought to remember kindness, and to be grateful for it. They expressed their thanks to him, and said that Carpinatius had often sent letters to them mentioning his good offices.

172. accidit ut Carpinatius, qui iam cum isto summa consuetudine, praeterea re ac ratione coniunctus esset, crebras postea litteras ad socios de istius summis officiis in rem communem beneficiisque mitteret. cum iste omnia quaecumque Carpinatius postulabat facere ac decernere solebat, tum ille etiam plura scribebat ad socios, ut, si posset, quae antea scripserat, ea plane exstingueret. extremum vero, cum iste iam decedebat, eius modi litteras ad eos misit: ut huic frequentes obviam prodirent, gratias agerent, facturos se si quid imperasset studiose pollicerentur. socii fecerunt vetere instituto publicanorum, non quo istum ullo honore dignum arbitrarentur, sed quod sua interesse putabant se memores gratosque existimari: gratias isti egerunt, Carpinatium saepe ad se de eius officiis litteras misisse dixerunt.

173. When he had made answer that he had done those things gladly, and had greatly extolled the services of Carpinatius, he charges a friend of his, who at that time was the chief collector of that company, to take care diligently, and to make sure that there was nothing in any of the letters of any of the partners which could tell against his safety and reputation. Accordingly he, having got rid of the main body of the shareholders, summons the collectors of the tenths, and communicates the business to them. They resolve and determine that those letters in which any attack was made on the character of Caius Verres shall be removed, and that care he taken that that business shall not by any possibility be any injury to Caius Verres.

173. cum respondisset ea se libenter fecisse operasque Carpinati magno opere laudasset, dat amico suo cuidam negotium, qui tum magister erat eius societatis, ut diligenter caveret atque prospiceret ne quid esset in litteris sociorum quod contra caput suum aut existimationem valere posset. ille multitudine sociorum remota decumanos convocat, rem defert. illi atque decernunt ut eae litterae quibus existimatio C. Verris laederetur removerentur, operaque daretur ne ea res C. Verri fraudi esse posset.

174. If I prove that the collectors of the truths passed this resolution,—if I make it evident that, according to this decree, the letters were removed, what more would you wait for? Can I produce to you any affair more absolutely decided? Can I bring before your tribunal any criminal more fully condemned? But condemned by whose judgment? By that, forsooth, of those men whom they who wish for severe tribunals think ought to decide on causes,—by the judgment of the farmers, whom the people is now demanding to have for judges, and concerning whom, that we may have them for judges, we at this moment see a law proposed, not by a man of our body, not by a man born of the equestrian order, not by a man of the noblest birth:

174. ostendo hoc decrevisse decumanos, si planum facio hoc decreto remotas esse litteras, quid exspectatis amplius? possumne magis rem iudicatam adferre, magis reum condemnatum in iudicium adducere? quorum iudicio condemnatum! eorum quos ii qui severiora iudicia desiderant arbitrantur res iudicare oportere [publicanorum iudicio ]; quos videlicet nunc populus iudices poscit, de quibus, ut eos iudices habeamus, legem ab homine non nostri generis, non ex equestri loco profecto, sed nobilissimo promulgatam videmus;

175. the collectors of the tenths, that is to say, the chiefs, and, as it were, the senators of the farmers, voted that these letters should be removed out of sight. I have men, who were present, whom I can produce, to whom I will entrust this proof, most honourable and wealthy men, the very chief of the equestrian order, on whose high credit the very speech and cause of the man who has proposed this law mainly relies. They shall come before you; they shall say what they deter mined. Indeed, if I know the men properly, they will not speak falsely For they were able, indeed, to put letters to their community out of sight; they have not been able to put out of sight their own good faith and conscientiousness. Therefore the Roman knights, who condemned you by their judgment, have not been willing to be condemned in the judgment of those judges. Do you now consider whether you prefer to follow their decision or their inclination.

175. decumani, hoc est principes et quasi senatores publicanorum, removendas de medio litteras censuerunt. ex iis qui adfuerunt quos producam, quibus hoc committam, homines honestissimos ac locupletissimos, istos ipsos principes equestris ordinis, quorum splendore vel maxime istius qui legem promulgavit oratio et causa nititur. in medium, dicent quid statuerint; profecto, si recte homines novi, non mentientur; litteras enim communis de medio removere potuerunt, fidem suam et religionem removere non possunt. equites Romani, qui te suo iudicio condemnarunt, horum iudicio condemnari noluerunt: vos nunc utrum illorum iudicium an voluntatem sequi malitis, considerate.

176. But see now, how far the zeal of your friends, your own devices, and the inclination of those partners aid you. I will speak a little more openly; for I am not afraid of any one thinking that I am saying this in the spirit of an accuser rather than with proper freedom. If the collectors had not removed those letters according to the resolution of the farmers of the tenths, I could only say against you what I had found in those letters; but now that the resolution has been passed, and the letters have been removed, I may say whatever I can, and the judge may suspect whatever he chooses. I say that you exported from Syracuse an immense weight of gold, of silver, of ivory, of purple; much cloth from Melita, much embroidered stuff, much furniture of Delos, many Corinthian vessels, a great quantity of corn, an immense load of honey; and that on account of these things, because no port dues were paid on them, Lucius Canuleius, who was the agent in the harbour, sent letters to his partners. Does this appear a sufficiently grave charge?

176. vide quid te amicorum tuorum studium, quid tuum consilium, quid sociorum voluntas adiuvet. paulo promptius; neque enim iam vereor ne quis hoc me magis accusatorie quam libere dixisse arbitretur. istas litteras non decreto decumanorum magistri removissent, tantum possem in te dicere quantum in litteris invenissem: nunc decreto isto facto litterisque remotis tantum mihi licet dicere quantum possum, tantum iudici suspicari quantum velit. te maximum pondus auri argenti eboris purpurae, plurimam vestem Melitensem, plurimam stragulam, multam Deliacam supellectilem, plurima vasa Corinthia, magnum numerum frumenti, vim mellis maximam Syracusis exportasse; his pro rebus quod portorium non esset datum, litteras ad socios misisse L. Canuleium, qui in portu operas daret. magnum crimen hoc videtur?

177. None, I think, can be graver. What will Hortensius say in defence? Will he demand that I produce the letters of Canuleius? Will he say that a charge of this sort is worthless unless it be supported by letters? I shall cry out that the letters have been put out of the way; that by a resolution of the shareholders the proofs and evidences of his thefts have been taken from me. He must either contend that this has not been done, or he must bear the brunt of all my weapons. Do you deny that this was done? I am glad to hear that defence. I descend into the arena; for equal terms and an equal contest are before us. I will produce witnesses, and I will produce many at the same time; since they were together when this took place, they shall be together now also. When they are examined, let them be bound not only by the obligation of their oath and regard for their character, but also by a common consciousness of the truth.

177. , opinor, maius. defendet Hortensius? ut litteras Canulei proferam? crimen eius modi nisi litteris confirmetur inane esse dicet? litteras remotas esse de medio, decreto sociorum erepta mihi esse istius indicia ac monumenta furtorum. hoc contendat numquam esse factum, aut omnia tela excipiat necesse est. esse factum? ista mihi defensio, descendo; aequa enim contentio, aequum certamen proponitur. testis, et producam pluris eodem tempore; quoniam tum cum actum est una fuerunt, nunc quoque una sint; cum interrogabuntur, obligentur non solum iuris iurandi atque existimationis periculo, sed etiam communi inter se conscientia.

178. If it be proved that this did take place as I say it did, will you be able to say, O Hortensius, that there was nothing in those letters to hurt Verres? You not only will not say so, but you will not even be able to say this,—that there was not as much in them as I say there was. This then is what you have brought about by your wisdom and by your interest; that, as I said a little while ago, you have given me the greatest licence for accusing, and he judges the most ample liberty to believe anything.

178. planum fit hoc ita quem ad modum dico esse factum, num poteris dicere, Hortensi, nihil in istis fuisse litteris quod Verrem laederet? modo id non dices, sed ne illud quidem tibi dicere licebit, tantum quantum ego dicam non fuisse. hoc vestro consilio et gratia perfecistis, ut, quem ad modum paulo ante dixi, et mihi summa facultas ad accusandum daretur, et iudici libera potestas ad credendum.

179. But though this be the case, still I will invent nothing. I will recollect that I have not taken a criminal to accuse, but that I have received clients to defend; and that you ought to hear the cause not as it might be produced by me, but as it has been brought to me; that I shall satisfy the Sicilians, if I diligently set forth what I have known myself in Sicily, and what I have heard from them; that I shall satisfy the Roman people, if I fear neither the violence nor the influence of any one; that I shall satisfy you, if by my good faith and diligence I give you an opportunity of deciding correctly and honestly; that I shall satisfy myself, if I do not depart a hair's breadth from that course of life which I have proposed to myself.

179. cum ita sit, nihil fingam tamen. me non sumpsisse quem accusarem, sed recepisse quos defenderem; vos ex me causam non a me prolatam, sed ad me delatam audire oportere; me Siculis satis esse facturum si quae cognovi in Sicilia, quae accepi ab ipsis, diligenter exposuero, populo Romano si nullius vim, nullius potentiam pertimuero, vobis si facultatem vere atque honeste iudicandi fide et diligentia mea fecero, mihimet si ne minimum quidem de meo curriculo vitae, quod mihi semper propositum fuit, decessero.

180. Wherefore, you have no ground to fear that I will invent anything against you. You have cause even to be glad; for I shall pass over many things which I know to have been done by you, because they are either too infamous, or scarcely credible. I will only discuss this whole affair of this society. That you may now hear the truth, I will ask, Was such a resolution passed? When I have ascertained that, I will ask, Have the letters been removed? When that too, is proved, you will understand the matter, even if I say nothing. If they who passed this resolution for his sake—namely, the Roman knights—were now also judges in his case, they would beyond all question condemn that man, concerning whom they knew that letters which laid bare his robberies had been sent to themselves, and had been removed by their own resolution. He, therefore, who must have been condemned by those Roman knights who desire everything to turn out for his interest, and who have been most kindly treated by him, can he, O judges, by any possible means or contrivance be acquitted by you?

180. nihil est quod metuas ne quid in te confingam: etiam quod laetere habes. enim quae scio a te esse commissa, quod aut nimium turpia aut parum credibilia sunt, praetermittam. agam de hoc toto nomine societatis. Vt iam scire possis, quaeram decretumne sit. id invenero, quaeram remotaene sint litterae. id quoque constabit, vos iam hoc me tacito intellegetis: si illi qui hoc istius causa decreverunt equites Romani nunc idem in eum iudices essent, istum sine dubio condemnarent, de quo litteras eas quae istius furta indicarent et ad se missas et suo decreto remotas scirent esse. igitur ab iis equitibus Romanis, qui istius causa cupiunt omnia, qui ab eo benignissime tractati sunt, condemnari necesse esset, is a vobis, iudices, ulla via aut ratione absolvi potest?

181. And that you may not suppose that those things which have been removed out of the way, and taken from you, were all so carefully hidden, and kept so secretly, that with all the diligence which I am aware is universally expected of me nothing concerning them has been able to be arrived at or discovered, I must tell you that, whatever could by any means or contrivance be found out, has been found out, O judges. You shall see in a moment the man detected in the very act; for as I have spent a great part of my life in attending to the causes of farmers, and have paid great attention to that body, I think that I am sufficiently acquainted with their customs by experience and by intercourse with them.

181. ne forte ea, quae remota de medio atque erepta nobis sunt, omnia ita condita fuisse atque ita abdita latuisse videantur ut haec diligentia, quam ego a me exspectari maxime puto, nihil eorum investigare, nihil adsequi potuerit, —quae consilio aliquo aut ratione inveniri potuerunt inventa sunt, iudices: manifestis in rebus hominem iam teneri videbitis. quod in publicanorum causis vel plurimum aetatis meae versor vehementerque illum ordinem observo, satis commode mihi videor eorum consuetudinem usu tractandoque cognosse.

182. Therefore, when I ascertained that the letters of the company were removed out of the way, I made a calculation of the years that that man had been in Sicily; then I inquired (what was exceedingly easy to discover) who during those years had been the collectors of that company,—in whose care the records had been. For I was aware that it was the custom of the collectors who kept the records, when they gave them up to the new collector, to retain copies of the documents themselves. And therefore I went in the first place to Lucius Vibius, a Roman knight, a man of the highest consideration, who, I ascertained, had been collector that very year about which I particularly had to inquire. I came upon the man unexpectedly when he was thinking of other things. I investigated what I could, and inquired into everything. I found only two small books, which had been sent by Lucius Canuleius to the shareholders from the harbour at Syracuse; in which there was entered an account of many months, and of things exported in Verres's name without having paid harbour dues. These I sealed up immediately.

182. ut hoc comperi, remotas esse litteras societatis, habui rationem eorum annorum per quos iste in Sicilia fuisset; dein quaesivi, quod erat inventu facillimum, qui per eos annos magistri illius societatis fuissent, apud quos tabulae fuissent. enim hanc magistrorum qui tabulas haberent consuetudinem esse, ut, cum tabulas novo magistro traderent, exempla litterarum ipsi habere non nollent. ad L. Vibium, equitem Romanum, virum primarium, quem reperiebam magistrum fuisse eo ipso anno qui mihi maxime quaerendus erat, primum veni. homini praeter opinionem improviso incidi. sum quae potui et quaesivi omnia: inveni duos solos libellos a L. Canuleio missos sociis ex portu Syracusis, in quibus erat scripta ratio mensuum complurium rerum exportatarum istius nomine sine portorio: itaque obsignavi statim.

183. These were documents of that sort which of all the papers of the company I was most anxious to find; but still I only found enough, O judges, to produce to you as a sample, as it were. But still, whatever is in these books, however unimportant it may seem to be, will at all events be undeniable; and by this you will be able to form your conjectures as to the rest. Read for me, I beg, this first book, and then the other. [The books of Canuleius are read.] I do not ask now whence you got those four hundred jars of honey, or such quantities of Maltese cloth, or fifty cushions for sofas or so many candelabra;—I do not, I say, inquire at present where you got these things; but, how you could want such a quantity of them, that I do ask. I say nothing about the honey; but what could you want with so many Maltese garments? as if you were going to dress all your friends' wives;—or with so many sofa cushions? as if you were going to furnish all their villas.

183. erat haec ex eodem genere quod ego maxime genus ex sociorum litteris reperire cupiebam; verum tantum inveni, iudices, quod apud vos quasi exempli causa proferre possem. tamen quicquid erit in his libellis, quantulumcumque videbitur esse, hoc quidem certe manifestum erit: de ceteris ex hoc coniecturam facere debebitis. mihi, quaeso, hunc primum libellum, deinde illum alterum. libelli Canveliani. quaero unde cccc amphoras mellis habueris, unde tantum Melitensium, unde L tricliniorum lectos, unde tot candelabra; non, inquam, iam quaero unde haec habueris, sed quo tantum tibi opus fuerit, id quaero. de melle, sed tantumne Melitensium, quasi etiam amicorum uxores, tantum lectorum, quasi omnium istorum villas ornaturus esses?

184. As in these little books there are only the accounts of a few months, conjecture in your minds what they must have been for the whole three years. This is what I contend for. From these small books found in the house of one collector of the company, you can form some conjecture how great a robber that man was in that province; what a number of desires, what different ones, what countless ones he indulged; what immense sums he made not only in money, but invested also in articles of this sort; which shall be detailed to you more fully another time. At present listen to this.

184. cum haec paucorum mensuum ratio in his libellis sit, facite ut vobis trienni totius veniat in mentem. contendo, ex his parvis libellis apud unum magistrum societatis repertis vos iam coniectura adsequi posse cuius modi praedo iste in illa provincia fuerit, quam multas cupiditates, quam varias, quam infinitas habuerit, quantam pecuniam non solum numeratam, verum etiam in huiusce modi rebus positam confecerit; quae vobis alio loco planius explicabuntur.

185. By these exportations, of which the list was read to you, he writes that the shareholders had lost sixty thousand sesterces by the five per cent due on them as harbour dues at Syracuse. In a few months, therefore, as these little insignificant books show, things were stolen by the praetor and exported from one single town of the value of twelve hundred thousand sesterces. Think now, as the island is one which is accessible by sea on all sides, what you can suppose was exported from other places? from Agrigentum, from Lilybaeum, from Panormus, from Thermae, from Halesa, from Catina, from the other towns? And what from Messana? the place which he thought safe for his purpose above all others,—where he was always easy and comfortable in his mind, because he had selected the Mamertines as men to whom he could send everything which was either to be preserved carefully, or exported secretly. After these books had been found, the rest were removed and concealed more carefully; but we, that all men may see that we are acting without any ulterior motive, are content with these books which we have produced.

185. hoc attendite. exportationibus quae recitatae sunt scribit HS lx socios perdidisse ex vicensima portori Syracusis. igitur mensibus, ut hi pusilli et contempti libelli indicant, furta praetoris, quae essent HS ∞cc, ex uno oppido solo exportata sunt. nunc,—cum illa Sicilia sit, hoc est insula quae undique exitus maritimos habeat,—quid ex ceteris locis exportatum putetis, quid Agrigento, quid Lilybaeo, quid Panhormo, quid Thermis, quid Halaesa, quid Catina, quid ex ceteris oppidis, quid vero Messana, quem iste sibi locum maxime tutum esse arbitrabatur, ubi animo semper soluto liberoque erat, quod sibi iste Mamertinos delegerat ad quos omnia quae aut diligentius servanda aut occultius exportanda erant deportaret. inventis libellis ceteri remoti et diligentius sunt reconditi; nos tamen, ut omnes intellegant hoc nos sine cupiditate agere, his ipsis libellis contenti sumus.

186. Now we will return to the accounts of the society of money received and paid, which they could not possibly remove honestly, and to your friend Carpinatius. We inspected at Syracuse accounts of the company made up by Carpinatius, which showed by many items that many of the men who had paid money to Verres, had borrowed it of Carpinatius. That will be clearer than daylight to you, O judges, when I produce the very men who paid the money; for you will see that the times at which, as they were in danger, they bought themselves off, agree with the records of the company not only as to the years, but even as to the months.

186. ad sociorum tabulas accepti et expensi, quas removere honeste nullo modo potuerunt, et ad amicum tuum Carpinatium revertemur. Syracusis a Carpinatio confectas tabulas societatis, quae significabant multis nominibus eos homines versuram a Carpinatio fecisse qui pecunias Verri dedissent; quod erit vobis luce clarius, iudices, tum cum eos ipsos produxero qui dederunt; intellegetis enim illa tempora per quae, cum essent in periculo, pretio sese redemerunt cum societatis tabulis non solum consulibus verum etiam mensibus convenire.

187. While we were examining this matter thoroughly, and holding the documents actually in our hands, we see on a sudden erasures of such a sort as to appear to be fresh wounds inflicted on papers. Immediately, having a suspicion of something wrong, we bent our eyes and attention on the names themselves. Money was entered as having been received from Caius Verrutius the son of Caius, in such a way that the letters had been let stand down to the second R, all the rest was an erasure. A second, a third, a fourth—there were a great many names in the same state. As the matter was plain, so also was the abominable and scandalous worthlessness of the accounts. We began to inquire of Carpinatius who that Verrutius was, with whom he had such extensive pecuniary dealings. The man began to hesitate, to look away, to colour. Because there is a provision made by law with respect to the accounts of the farmers, forbidding their being taken to Rome; in order that the matter might be as clear and as completely proved as possible, I summon Carpinatius before the tribunal of Metellus and produce the accounts of the company in the forum. There is a great rush of people to the place; and as the partnership existing between Carpinatius and that praetor, and his usury, were well known, all people were watching with the most eager expectation to see what was contained in the accounts I bring the matter before Metellus; I state to him that I have seen the accounts of the shareholders, that in these there is a long account of one Caius Verrutius made up of many items, and that I saw, by a computation of the years and months, that this Verrutius had had no account at all with Carpinatius, either before the arrival of Caius Verres, or after his departure.

187. haec maxime cognosceremus et in manibus tabulas haberemus, repente aspicimus lituras eius modi quasi quaedam vulnera tabularum recentia. suspicione offensi ad ea ipsa nomina oculos animumque transtulimus. acceptae pecuniae C. Verrvcio C. f., sic tamen ut usque ad alterum R litterae constarent integrae, reliquae omnes essent in litura; alterum, tertium, quartum, permulta erant eiusdem modi nomina. manifesto res flagitiosa litura tabularum atque insignis turpitudo teneretur, quaerere incipimus de Carpinatio quisnam is esset Verrucius quicum tantae pecuniae rationem haberet. homo, versari, rubere. lege excipiuntur tabulae publicanorum quo minus Romam deportentur, ut res quam maxime clara et testata esse posset, in ius ad Metellum Carpinatium voco tabulasque societatis in forum defero. maximus concursus hominum, et, quod erat Carpinati nota cum isto praetore societas ac faeneratio, summe exspectabant omnes quidnam in tabulis teneretur.

188. I demand that Carpinatius shall give me an answer who that Verrutius is; whether he is a merchant, or a broker, or an agriculturist, or a grazier; whether he is in Sicily, or whether he has now left it. All who were in the court cried out at once that there had never been any one in Sicily of the name of Verrutius. I began to press the man to answer me who he was, where he was, whence he came; why the servant of the company who made up the accounts always made a blunder in the name of Verrutius at the same place?

188. ad Metellum defero, me tabulas perspexisse sociorum; in his tabulis magnam rationem C. Verruci permultis nominibus esse, meque hoc perspicere ex consulum mensuumque ratione, hunc Verrucium neque ante adventum C. Verris neque post decessionem quicquam cum Carpinatio rationis habuisse; postulo ut mihi respondeat qui sit is Verrucius, mercator an negotiator an arator an pecuarius, in Sicilia sit an iam decesserit. omnes ex conventu neminem umquam in Sicilia fuisse Verrucium. instare ut mihi responderet quis esset, ubi esset, unde esset; cur servus societatis qui tabulas conficeret semper in Verruci nomine certo ex loco mendosus esset.

189. And I made this demand, not because I thought it of any consequence that he should be compelled to answer me these things against his will, but that the robberies of one, the dishonesty of the other, and the audacity of both might be made evident to all the world. And so I leave him in the court, dumb from fear and the consciousness of his crimes, terrified out of his wits, and almost frightened to death; I take a copy of the accounts in the forum, with a great crowd of men standing round me; the most eminent men in the assembly are employed in making the copy; the letters and the erasures are faithfully copied and imitated, and transferred from the accounts into books.

189. haec postulabam, non quo illum cogi putarem oportere ut ad ea mihi responderet invitus, sed ut omnibus istius furta, illius flagitium, utriusque audacia perspicua esse posset. illum in iure metu conscientiaque peccati mutum atque exanimatum ac vix vivum relinquo, tabulas in foro summa hominum frequentia exscribo; adhibentur in scribendo ex conventu viri primarii, litterae lituraeque omnes adsimulatae et expressae de tabulis in libros transferuntur.

190. The copy was examined and compared with the original with the greatest care and diligence, and then sealed up by most honourable men. If Carpinatius would not answer me then, do you, O Verres, answer me now, who you imagine this Verrutius, who must almost be one of your own family, to be. It is quite impossible that you should not have known a man in your own province, who, I see, was in Sicily while you were praetor, and who, I perceive from the accounts themselves, was a very wealthy man. And now, that this may not be longer in obscurity, advance into the middle, open the volume, the copy of the accounts, so that every one may be able to see now, not the traces only of that man's avarice, but the very bed in which it lay.

190. omnia summa cura et diligentia recognita et collata et ab hominibus honestissimis obsignata sunt. Carpinatius mihi tum respondere noluit, responde tu mihi nunc, Verres, quem esse hunc tuum paene gentilem Verrucium putes. non potest ut, quem video te praetore in Sicilia fuisse et quem ex ipsa ratione intellego locupletem fuisse, eum tu in tua provincia non cognoveris. adeo, ne hoc aut longius aut obscurius esse possit, procedite in medium atque explicate descriptionem imaginemque tabularum, ut omnes mortales istius avaritiae non iam vestigia sed ipsa cubilia videre possint. Liber explicetur.

191. You see the word Verrutius?—You see the first letters untouched? you see the last part of the name, the tail of Verres, smothered in the erasure, as in the mud. The original accounts, O judges, are in exactly the same state as this copy.—What are you waiting for? What more do you want? You, Verres, why are you sitting there? Why do you delay? for either you must show us Verrutius, or confess that you yourself are Verrutius. The ancient orators are extolled, the Crassi and Antonii, because they had the skill to efface the impression made by an accusation with great clearness, and to defend the causes of accused persons with eloquence. It was not, forsooth, in ability only that they surpassed those who are now employed here as counsel, but also in good fortune. No one, in those times, committed such crimes as to leave no room for any defence; no one lived in such a manner that no part of his life was free from the most extreme infamy; no one was detected in such manifest guilt, that, shameless as he had been in the action, he seemed still more shameless if he denied it.

191. Verrucium? videtis primas litteras integras? videtis extremam partem nominis, codam illam Verrinam tamquam in luto demersam esse in litura? habent se tabulae, iudices, ut videtis. exspectatis, quid quaeritis amplius? ipse, Verres, quid sedes, quid moraris? aut exhibeas nobis Verrucium necesse est aut te Verrucium esse fateare. oratores veteres, Crassi illi et Antonii, quod crimina diluere dilucide, quod copiose reorum causas defendere solerent: nimirum illi non ingenio solum his patronis, sed fortuna etiam praestiterunt. enim tum ita peccabat ut defensioni locum non relinqueret; nemo ita vivebat ut nulla eius vitae pars summae turpitudinis esset expers; nemo ita in manifesto peccato tenebatur ut, cum impudens fuisset in facto, tum impudentior videretur si negaret.

192. But now what can Hortensius do? Can he argue against the charges of avarice by panegyrics on his client's economy? He is defending a man thoroughly profligate, thoroughly licentious, thoroughly wicked. Can he lead your attention away from this infamy and profligacy of his, and turn them into some other direction by a mention of his bravery? But a man more inactive, more lazy, one who is more a man among women, a debauched woman among men, cannot be found.—But his manners are affable. Who is more obstinate more rude? more arrogant?—But still all this is without any injury to any one. Who has ever been more furious, more treacherous, and more cruel? With such a defendant and such a cause, what could all the Crassus's and Antonius's in the world do? This is all they would do, as I think, O Hortensius; they would have nothing to do with the cause at all, lest by contact with the impudence of another they might lose their own characters for virtue. For they come to plead causes free and unshackled, so as not, if they did not choose to act shamelessly in defending people, to be thought ungrateful for abandoning them. A great part of this speech is occupied with charges against Verres of extortion committed with respect to the decuriae or tenths. “The decuriae formed a part of the vectigalia of the Romans, and were paid by subjects whose territory, either by conquest, or by deditio, had become the property of the state. They consisted as the name denotes, of a tithe or tenth of the produce of the soil levied upon the cultivators (aratores) or occupiers (possessores) of the lands, which from being subject to this payment were called agri decumani... It appears from Cicero (.) that Romans, on reducing Sicily to a province, allowed to the old inhabitants a continuance of their ancient rights, and that, with some few exceptions, the territory of all the states was subjected, as formerly, to the payment of a tithe on corn, wine, oil, and the fruges minutae. It was further determined that place and time of paying these tithes to the decumani should ‘be and continue’ as settled by the law of king Hiero (Lex Hieronica), which enacted severe penalties against any arator who did not pay his due, as well as against the decumani who exacted more than their tenth... The name of decumani was also applied to the farmers of these tributes, who purchased them from the state, and then collected them on their own account.” In fact “the revenues which Rome derived from conquered countries, consisting chiefly of tolls, tithes, harbour duties, &c.... were chiefly let out, or, as the Romans expressed it, sold by the censors in Rome itself to the highest bidders, ( )... The tithes raised in the province of Sicily alone, with the exception of those of wine, oil, and garden produce, were not sold at Rome, but in the district of Sicily itself, according to a practice established by Hiero (, ). The persons who undertook the farming of the public revenue, of course, belonged to the wealthiest Romans. and down to the end of the republic, as well as during the earlier part of the empire, the farming of the public revenues was almost exclusively in the hands of the equites, whence the words equites and publicani are sometimes used as synonymous, (, 71.)... The publicani had to give security to the state for the sum at which they bought one or more branches of revenue in a province; and as no one person was rich enough to give sufficient security, a number of equites generally united together and formed a company (socii, societas, or corpus ) which was recognised by the state, and by which they were enabled to carry on their undertakings on a large scale. The shares which each partner in such a company took in the business were called partes, and if they were small particulae. The responsible person in each company, and the one who contracted with the state, was called manceps, but there was also a magister to manage the business of each company, who resided at Rome, and kept up an extensive correspondence with the agents in the provinces, (.) He seems to have held his office only for one year; his representative in the province was called submagister, who had to travel about and superintend the actual business of collecting the revenues... Nobody but a Roman citizen was allowed to become a member of a company of publicani; freedmen and slaves were excluded, ( ) No Roman magistrate, however, or governor of a province, was allowed to take any share whatever in a company of publicani, ( ), a regulation which was chiefly intended as a protection against the oppression of the provincials... The actual levying or collecting of the taxes in the provinces was performed by an inferior class of men, who were said operas publicanis dare, or esse in operis societatis, (.) They were engaged by the publicani, and consisted of freemen as well as slaves, Romans as well as provincials.” ( )—Smith, Dict. Ant. pp. 316, 806, vv. Decumae, Publicani. Verres had broken the law which forbade a governor of a province to hold shares in a company which farmed the revenue; and as he had therefore a personal interest in increasing the taxes, he committed unexampled acts of extortion himself, and protected those who committed similar act. And in many other respects he had plundered the cultivators of the public domain, whom I have called in this translation “agriculturists,” not using the word “farmers,” by which word I have rendered “publicani.” The medimnus, as we see, ( ), was equal to six modii, and contained within a fraction of twelve English gallons, or a bushel and a half. Every man, O judges, who, without being prompted by any enmity, or stung by any private injury, or tempted by any reward, prosecutes another for the good of the republic, ought to consider, not only how great a burden he is liking upon himself at the time, but also how much trouble he is courting for the remainder of his life. For he imposes on himself a law of innocence, of moderation, and of all virtues, who demands from another an account of his life; and he does so the more if, as I said before, he does this being urges by no other motive except a desire for the common good. For if any one assumes to himself to correct the manners of others, and to reprove their faults, who will pardon him, if he himself turn aside in any particular from the strict line of duty? Wherefore, a citizen of this sort is the more to he praised and beloved by all men for this reason also,—that he does not only remove a worthless citizen from the republic, but he also promises and binds himself to be such a man as to be compelled, not only by an ordinary inclination to virtue and duty, but by even some more unavoidable principle, to live virtuously and honourably. And, therefore, O judges, that most illustrious and most eloquent man, Lucius Crassus, was often heard to say that he did not repent of anything so much as having ever proceeded against Caius Carbo: for by so doing he had his inclination as to everything less uncontrolled, and he thought, too, that his way of life was remarked by more people than he liked. And he, fortified as he was by the protection of his own genius and fortune, was yet hampered by this anxiety which he had brought upon himself, before his judgment was fully formed, at his entrance into life; on which account virtue and integrity is less, looked for from those who undertake this business as young men, than from those who do so at a riper age; for they, for the sake of credit and ostentation, become accusers of others before they have had time to take notice how much more free the life of those who have accused no one is. We who have already shown both what we could do, and what judgment we had, unless we could easily restrain our desires, should never, of our own accord, deprive ourselves of all liberty and freedom in our way of life.

192. vero quid faciat Hortensius? avaritiaene crimina frugalitatis laudibus deprecetur? hominem flagitiosissimum libidinosissimum nequissimumque defendit. ab hac eius infamia nequitia vestros animos in aliam partem fortitudinis commemoratione traducat? homo inertior, ignavior, magis vir inter mulieres, impura inter viros muliercula proferri non potest. mores commodi. contumacior, quis inhumanior, quis superbior? haec sine cuiusquam malo. acerbior, quis insidiosior, quis crudelior umquam fuit? hoc homine atque in eius modi causa quid facerent omnes Crassi et Antonii?, opinor, Hortensi: ad causam non accederent neque in alterius impudentia sui pudoris existimationem amitterent. enim ad causas solutique veniebant, neque committebant ut, si impudentes in defendendo esse noluissent, ingrati in deserendo existimarentur. qui alterum, iudices, nullis impulsi inimicitiis, nulla privatim laesi iniuria, nullo praemio adducti in iudicium rei publicae causa vocant providere debent non solum quid oneris in praesentia tollant, sed quantum in omnem vitam negoti suscipere conentur. enim sibi ipsi dicunt innocentiae continentiae virtutumque omnium qui ab altero rationem vitae reposcunt, atque eo magis si id, ut ante dixi, faciunt nulla re commoti alia nisi utilitate communi. qui sibi hoc sumpsit, ut corrigat mores aliorum ac peccata reprehendat, quis huic ignoscat si qua in re ipse ab religione offici declinarit? hoc etiam magis ab omnibus eius modi civis laudandus ac diligendus est, quod non solum ab re publica civem improbum removet, verum etiam se ipsum eius modi fore profitetur ac praestat ut sibi non modo communi voluntate virtutis atque offici, sed etiam vi quadam magis necessaria recte sit honesteque vivendum. hoc, iudices, ex homine clarissimo atque eloquentissimo, L. Crasso, saepe auditum est, cum se nullius rei tam paenitere diceret quam quod C. Carbonem umquam in iudicium vocavisset; minus enim liberas omnium rerum voluntates habebat, et vitam suam pluribus quam vellet observari oculis arbitrabatur. ille his praesidiis ingeni fortunaeque munitus tamen hac cura continebatur, quam sibi nondum confirmato consilio sed ineunte aetate susceperat, minus etiam praecipitur eorum virtus et integritas qui ad hanc rem adulescentuli, quam qui iam firmata aetate descendunt. enim, ante quam potuerunt existimare quanto liberior vita sit eorum qui neminem accusarint, gloriae causa atque ostentationis accusant: nos qui iam et quid facere et quantum iudicare possemus ostendimus, nisi facile cupiditates nostras teneremus, numquam ipsimet nobis praecideremus istam licentiam libertatemque vivendi.