168. Can we not establish what we assert by this witness, can we not establish it by the letters of Publius Servilius and Caius Antistius, managers of the company, men of the highest reputation and of the highest honour, and by the authority of the company whose letters we are using? or must we seek for something on which we can rely more, for something more important? Vettius, your most intimate friend,—Vettius, your connection, to whose sister you are married,—Vettius, the brother of your wife, the brother of your quaestor, bears witness to your most infamous theft, to your most evident embezzlement; for by what other name is a lending of the public money at usury to be called? Read what follows. He says that your clerk, O Verres, was the drawer up of the bond for this usury: the managers threaten him also in their letters; in fact, it happened by chance that two managers were with Vettius. They think it intolerable that twenty-four per cent should be taken from them, and they are right to think so. For whoever did such a thing before? who ever attempted to do such a thing,—who ever thought that such a thing could be done, as for a magistrate to venture to take money as interest from the farmers, though the senate had often assisted the farmers by remitting the interests due from them? Certainly that man could have no hope of safety, if the farmers—that is, the Roman knights, were the judges.
168. hoc teste, possumus P. Servili et C. Antisti magistrorum litteris, primorum hominum atque honestissimorum, possumus auctoritate societatis, cuius litteris utimur, quod dicimus obtinere, an aliqua firmiora aut graviora quaerenda sunt? Vettius, tuus familiarissimus, Vettius, tuus adfinis, cuius sororem habes in matrimonio, tuae frater uxoris, Vettius, frater tui quaestoris, testatur litteris impudentissimum tuum furtum certissimumque peculatum; nam quo alio nomine pecuniae publicae faeneratio est appellanda? recita reliqva. Scribam tuum dicit, Verres, huius perscriptorem faenerationis fuisse: ei quoque magistri minantur in litteris, et casu scribae tum duo magistri fuerunt cum Vettio. centesimas ab sese ablatas ferendum non putant, et recte non putant. enim hoc fecit umquam, quis denique conatus est facere aut posse fieri cogitavit, ut, cum senatus usura publicanos saepe iuvisset, magistratus a publicanis pecuniam pro usura auderet auferre? huic homini spes nulla salutis esset, si publicani, hoc est si equites Romani iudicarent:
169. He ought to have less hope now, O judges, now that you have to decide; and so much the less, in proportion as it is more honourable to be roused by the injuries of others than by one's own. What reply do you think of making to all this? Will you deny that you did it? Will you defend yourself on the ground that it was lawful for you to do it? How can you deny it? Can you deny it, to be convicted by the authority of such important letters, by so many farmers appearing as witnesses? But how can you say it was lawful? In truth, if I were to prove that you, in your own province, had lent on usury your own money, and not the money of the Roman people, still you could not escape; but when I prove that you lent the public money, the money decreed to you to buy corn with, and that you received interest from the farmers, will you make any one believe that this was lawful? a deed than which not only others have never, but you yourself have never done a more audacious or more infamous one. I cannot, in truth, O judges, say that even that which appears to me to be perfectly unprecedented, and about which I am going to speak next—I mean, the fact of his having actually paid very many cities nothing at all for their corn—was either more audacious or more impudent; the booty derived from this act was perhaps greater, but the impudence of the other was certainly not less.
169. minor esse nunc, iudices, vobis disceptantibus debet, et tanto minor quanto est honestius alienis iniuriis quam re sua commoveri. ad haec respondere cogitas? utrum factum negabis an tibi hoc licitum esse defendes? qui potes? an ut tanta auctoritate litterarum, tot testibus publicanis convincare vero qui? hercule te tuam pecuniam praetorem in provincia faeneratum docerem, tamen effugere non posses; sed publicam, sed ob frumentum decretam, sed a publicanis faenore acceptam, hoc licuisse cuiquam probabis? quo non modo ceteri, sed tu ipse nihil audacius improbiusque fecisti. mehercule hoc, quod omnibus singulare videtur,—de quo mihi deinceps dicendum est,— possum, iudices, dicere audacius esse aut impudentius, quod permultis civitatibus pro frumento nihil solvit omnino: maior haec praeda fortasse, sed illa impudentia certe non minor.
170. And since I have said enough about this lending at interest, now, I pray you, give your attention to the question of the embezzlement of the whole sum in many instances. There are many cities in Sicily, O judges, of great splendour and of high reputation, and among the very first of these is the city of Halesa. You will find no city more faithful to its duties, more rich in wealth, more influential in its authority. After that man had ordered it to furnish every year sixty thousand modii of wheat, he took money for the wheat, at the price which wheat bore in Sicily at the time; all the money which he thus received from the public treasury, he kept for himself. I was amazed, O judges, when a man of the greatest ability, of the highest wisdom, and of the greatest influence, Aeneas of Halesa, first stated this to me at Halesa in the senate of Halesa; a man to whom the senate by public resolution had given a charge to return me and my brother thanks, and at the same time to explain to us the matters which concerned this trial.
170. quoniam de illa faeneratione satis dictum est, nunc de hac tota pecunia aversa, quaeso, cognoscite. Siciliae civitates multae sunt, iudices, ornatae atque honestae, ex quibus in primis numeranda est civitas Halaesina; nullam enim reperietis aut officiis fideliorem aut copiis locupletiorem aut auctoritate graviorem. iste in annos singulos cum sexagena milia tritici modium imperavisset, pro tritico nummos abstulit, quanti erat in Sicilia triticum; quos de publico nummos acceperat, retinuit omnis., iudices, cum hoc mihi primum Halaesae demonstravit in senatu Halaesinorum homo summo ingenio, summa prudentia, summa auctoritate praeditus, Halaesinus Aeneas, cui senatus dederat publicam causam ut mihi fratrique meo gratias ageret, et simul qui nos ea quae ad iudicium pertinerent doceret.
171. He proves to me that this was his constant custom and system; that, when the entire quantity of corn had been brought to him under the name of tenths, then he was accustomed to exact money from the cities, to object to the corn delivered, and as for all the corn which he was forced to send to Rome, he sent that quantity from his own profits and from his own store of corn. I demand the accounts, I inspect the documents, I see that the people of Halesa, from whom sixty thousand modii had bees levied, had given none, that they had paid money to Volcatus, and to Timarchides the clerk. I find a case of plunder of this kind, O judges, that the praetor, whose duty it was to buy corn, did not buy it, but sell it; and that he embezzles and appropriates the money which he ought to have divided among the cities. It did not appear to me any longer to be a theft, but a monster and a prodigy; to reject the corn of the cities, and to approve of his own; when he had approved of his own, then to put a price on that corn, to take from the cities what he had fixed, and to retain what he had received from the Roman people.
171. hanc istius consuetudinem ac rationem fuisse: quod omnis frumenti copia decumarum nomine penes istum esset redacta, solitum esse istum pecuniam cogere a civitatibus, frumentum improbare, quantum frumenti esset Romam mittendum, tantum de suo quaestu ac de sua copia frumenti mittere. rationes, inspicio litteras, video frumenti granum Halaesinos, quibus sexagena milia modium imperata erant, nullum dedisse, pecuniam Volcatio, Timarchidi, scribae dedisse: reperio genus huius modi, iudices, praedae, ut praetor, qui frumentum emere debeat, non emat sed vendat, pecunias, quas civitatibus distribuere debeat, eas omnis avertat atque auferat. mihi iam furtum, sed monstrum ac prodigium videbatur civitatum frumentum improbare, suum probare; cum suum probasset, pretium ei frumento constituere; quod constituisset, id a civitatibus auferre, quod a populo Romano accepisset, tenere.
172. How many degrees of offence in one single act of fraud do you think will be enough, if I insist on them severally, to bring the matter to a point where he can go no further? You reject the Sicilian corn; why? because you are sending some yourself. Have you any Sicily of your own, which can supply you corn of another sort? When the senate decrees that corn he bought in Sicily, or when the people order this, this, as I imagine, is what they mean, that Sicilian corn is to be brought from Sicily. When you reject all the corn of Sicily, do you send corn to Rome from Egypt or from Syria? You reject the corn of Halesa, of Cephalaedis, of Thermae, of Amestras, of Tyndaris, of Herbita, and of many other cities. What has happened then to cause the lands of these people to bear corn of such a sort while you were praetor, as they never bore before, so that it can neither be approved of by you, nor by the Roman people; especially when the managers of the different companies had taken corn, being the tenths, from the same land, and of the same year, to Rome? What has happened that the corn which made part of the tenths was approved, and that that which was bought, though out of the same barn, was not approved of? Is there any doubt that all that rejection of corn was contrived with the object of raising money?
172. vultis esse in uno furto peccatorum gradus, ut, si singulis insistere velim, progredi iste non possit? frumentum Siculorum.? ipse quod mittis? peculiarem habes aliquam Siciliam quae tibi ex alio genere frumentum suppeditare possit? senatus decernit ut ematur in Sicilia frumentum, aut cum populus iubet, hoc, ut opinor, intellegit, ex Sicilia Siculum frumentum apportari oportere: tu cum civitatum Siciliae vulgo omne frumentum improbas, num ex Aegypto aut Syria frumentum Romam missurus es? Halaesinum, Thermitanum, Cephaloeditanum, Amestratinum, Tyndaritanum, Herbitense, multarum praeterea civitatum! accidit tandem ut horum populorum agri frumentum eius modi te praetore ferrent,—quod numquam antea,—ut neque tibi neque populo Romano posset probari, praesertim cum ex isdem agris eiusdem anni frumentum ex decumis Romam mancipes advexissent? acciderat ut ex eodem horreo decumanum probaretur, emptum improbaretur? Dubiumne est quin ista omnis improbatio cogendae pecuniae causa nata sit?
173. Be it so. You reject the corn of Halesa, you have corn from another tribe which you approve of. Buy that which pleases you; dismiss those whose corn you have rejected. But from those whom you reject you exact such sum of money as may be equivalent to the quantity of corn which you require of their city. Is there any doubt what your object has been? I see from the public documents that the people of Halesa gave you fifteen sesterces for every medimnus—I will prove from the accounts of the wealthiest of the cultivators, that at the same time no one in Sicily sold corn at a higher price. What, then, is the reason for your rejecting, or rather what madness is it to reject corn which comes from that place from which the senate and the people of Rome ordered it to be brought? which comes from that very heap, a part of which, under the name of tenths, you had actually approved of? and besides, to exact money from the cities for the purchase of cow, when you had already received it from the treasury? Did the Terentian law enjoin you to buy corn from the Sicilians with the money of the Sicilians, or to buy corn from the Sicilians with the money of the Roman people?
173. , improbas Halaesinum, habes ab alio populo quod probes: eme illud quod placet, missos fac eos quorum frumentum improbasti. ab iis quos repudias exigis tantum pecuniae quantum ad eum numerum frumenti satis sit quem ei civitati imperas emendum. medimna singula video ex litteris publicis tibi Halaesinos HS quinos denos dedisse. ex tabulis locupletissimorum aratorum eodem tempore neminem in Sicilia pluris frumentum vendidisse. est ergo ista ratio aut quae potius amentia, frumentum improbare id quod ex eo loco sit ex quo senatus et populus Romanus emi voluerit, et ex eo acervo ex quo partem tu idem decumarum nomine probaris; deinde a civitatibus pecuniam ad emendum frumentum cogere, cum ex aerario acceperis? Vtrum enim te lex Terentia Siculorum pecunia frumentum emere an populi Romani pecunia frumentum a Siculis emere iussit?
174. But now you see that all that money out of the treasury, which ought to have been given to these cities for corn, has been made profit of by that man. For you take fifteen sesterces for a medimus of wheat; for that is the value of a medimus at that time. You keep eighteen sesterces; for that is the price of Sicilian corn, estimated according to law. What difference does it make whether you did this, or whether you did not reject the corn, but, after the corn was approved and accepted, detained all the public money, and paid none to any city whatever? when the valuation of the law is such that while it is tolerable to the Sicilians at other times, it ought also to be pleasant to them during your praetorship. For a modius is valued by law at three sesterces. But, while you were praetor, it was, as you boast in many letters to your friends, valued at two sesterces. But suppose it was three sesterces, since you exacted that price from the cities for every modius. When, if you had paid the Sicilians as much as the Roman people had ordered you to pay, it might have been most pleasing to the cultivators, you not only did not choose them to receive what they ought, but you even compelled them to pay what was not due from them.
174. vero ab isto omnem illam ex aerario pecuniam, quam his oportuit civitatibus pro frumento dari, lucri factam videtis. enim HS xv pro medimno; tanti enim est illo tempore medimnum; retines HS xxi; tanti enim est frumentum Siciliense ex lege aestimatum. interest utrum hoc feceris an frumentum Siciliense non improbaris, sed frumento probato et accepto pecuniam publicam tenueris omnem neque quicquam ulli dissolveris civitati? cum aestimatio legis eius modi sit ut ceteris temporibus tolerabilis Siculis, te praetore etiam grata esse debuerit. enim modius lege HS iiis aestimatus, fuit autem te praetore, ut tu in multis epistulis ad amicos tuos gloriaris, HS ii. fuerit HS iis, quoniam tu tantum a civitatibus in modios singulos exegisti; cum, si solveres Siculis tantum quantum te populus Romanus iusserat, aratoribus fieri gratissimum posset, tu non modo eos accipere quod oportebat noluisti, sed etiam dare quod non debebant coegisti?
175. And that these things were done in this manner, you may know, O judges, both from the public documents of the cities, and from their public testimonies; in all which you will find nothing false, nothing invented as suited to the times. Everything which we speak of is entered in the returns and made up in a regular manner, without any interpolations or irregularities being foisted into the people's accounts, but while they are all made up with deliberation and accuracy. Read the accounts of the people of Halesa. To whom does he say that money was paid? Speak, speak, I say, a little louder. “To Volcatius, to Timarchides, to Maevius.” What is all this, O Verres? have you not left yourself even this argument in your defence, that they are the managers of the companies who have been concerned in those matters? that they are the managers who have rejected the corn? that they are the managers who have settled the affair with the cities for money? and that it is they also who have taken money from you in the name of those cities? and, moreover, that they have bought corn for themselves; and that all these things do not at all concern you? It would, in truth, be an insufficient and a wretched defence for a praetor to say this, “I never touched the corn, I never saw it, I gave the managers of the companies the power of approving of rejecting it; the managers extorted money from the cities but I paid to the managers the money which I ought to have paid to the people.”
175. haec ita gesta esse, iudices, cognoscite et ex litteris publicis civitatum et ex testimoniis publicis, in quibus nihil fictum, nihil ad tempus accommodatum intellegetis; omnia quae dicimus rationibus populorum non interpositis neque perturbatis neque repentinis, sed certis, institutis, ordine relata atque confecta sunt.. rationes Halaesinorvm. Cui pecuniam datam dicit? etiam clarius. Volcatio, Timarchidi, Maevio. est, Verres? ne illam quidem tibi defensionem reliquam fecisti, mancipes in istis rebus esse versatos, mancipes frumentum improbasse, mancipes pretio cum civitatibus decidisse, et eosdem abs te illarum civitatum nomine pecunias abstulisse, deinde ipsos sibi frumentum coemisse, nihil haec ad te pertinere? mehercule ac misera defensio praetorem hoc dicere: “frumentum neque attigi neque aspexi, mancipibus potestatem probandi improbandique permisi; mancipes a civitatibus pecunias extorserunt, ego autem, quam pecuniam populis dare debui, mancipibus dedi!”
176. This is, as I have said, an insufficient, or rather, a profligate defence against an accusation. But still, even this one, if you were to wish to use it, you cannot use. Volcatius, the delight of yourself and your friends, forbids you to make mention of the manager; and Timarchides, the prop of your household, stops the mouth of your defence; who, as well as Volcatius, had money paid to him from the cities. But now your clerk, with that golden ring of his, which he procured out of these matters, will not allow you to avail yourself of that argument. What then remains for you, except to confess that you sent to Rome corn which had been bought with the money of the Sicilians? that you appropriated the public money to your own purposes? O you habit of sinning, what delight you afford to the wicked and the audacious, when chastisement is afar off, and when impunity attends you!
176. est haec quidem, ut dixi, ac potius perdita maximorum peccatorum, huius autem iniquitatis et inertiae confessio, non defensio criminis; sed tamen hac ipsa tibi, si uti cupias, non licet; vetat te Volcatius, tuae tuorumque deliciae, mentionem mancipis facere; Timarchides autem, columen familiae vestrae, premit fauces defensionis tuae, cui simul et Volcatio pecunia a civitate numerata est; iam vero scriba tuus anulo aureo suo, quem ex his rebus invenit, ista te ratione uti non sinet. igitur est reliquum nisi uti fateare te Romam frumentum emptum Siculorum pecunia misisse publicam pecuniam domum tuam convertisse? O consuetudo peccandi, quantam habes iucunditatem improbis et audacibus, cum poena afuit et licentia consecuta est!
177. This is not the first time that that man has been guilty of that sort of peculation, but now for the first time is he convicted. We have seen money paid to him from the treasury, while he was quaestor, for the expense of a consular army; we saw, a few months afterwards, both army and consul stripped of everything All that money lay hid in that obscurity and darkness which at that time had seized upon the whole republic. After that, he discharged the duties of the quaestorship to which he succeeded under Dolabella. He embezzled a vast sum of money; but he mixed up his accounts of that money with the confusion consequent on the conviction of Dolabella. Immense sums of money were entrusted to him when praetor. You will not find him a man to lick up these most infamous profits nervously and gently; he did not hesitate to swallow up at a gulp the whole of the public money. That wicked covetousness, when it is implanted in a man's nature, creeps on in such a way, when the habit of sinning has emancipated itself from restraint, that it is not able to put any limits to its audacity.
177. in hoc genere peculatus non nunc primum invenitur, sed nunc demum tenetur. huic ab aerario pecuniam numerari quaestori ad sumptum exercitus consularis, vidimus paucis post mensibus et exercitum et consulem spoliatum; illa omnis pecunia latuit in illa caligine ac tenebris quae totam rem publicam tum occuparant. gessit hereditariam quaesturam, cum a Dolabella magnam pecuniam avertit, sed eius rationem cum damnatione Dolabellae permiscuit. est pecunia tanta praetori; non reperietis hominem timide nec leviter haec improbissima lucra ligurrientem; devorare omnem pecuniam publicam non dubitavit. serpit illud insitum in natura malum consuetudine peccandi libera, finem ut audaciae statuere ipse non possit.
178. At length it is detected, and it is detected in affairs of great importance, and of undoubted certainty. And it seems to me that, by the interposition of the gods, this man too has become involved in such dishonesty, as not only to suffer punishment for the crimes which he has lately committed, but also to be overwhelmed with the vengeance due to the sins which he committed against Carbo and against Dolabella. There is in truth also another new feature in this crime, O judges, which will remove all doubts as to his criminality on the former charge respecting the tenths. For, to say nothing of this fact, that very many of the cultivators of the soil had not corn enough for the second tenths, and for those eight thousand modii which they were bound to sell to the Roman people, but that they bought them of your agent, that is, of Apronius; which is a clear proof that you had left the cultivators actually nothing: to pass over this, which teas been clearly set forth in many men's evidence, can anything be more certain than this,—that all the corn of Sicily, and all the crops of the land liable to the payment of tenths, were for three years in your power and in your barns?
178. igitur aliquando, et in rebus cum maximis tum manifestis tenetur; atque in eam fraudem mihi videtur divinitus incidisse, non solum ut eas poenas quas proxime meruisset solveret, sed ut illa etiam scelera eius in Carbonem et in Dolabellam vindicarentur. nova quoque alia res, iudices, exstitit in hoc crimine, quae tollat omnem dubitationem superioris illius decumani criminis. ut illud missum faciam, permultos aratores in alteras decumas et in haec dccc milia modium, quod emptum populo Romano darent, non habuisse, et a tuo procuratore, hoc est ab Apronio, emisse, ex quo intellegi potest nihil te aratoribus reliqui fecisse,—ut hoc praeteream, quod multorum est testimoniis expositum, potest illo quicquam esse certius, in tua potestate atque in tuis horreis omne frumentum Siciliae per triennium atque omnis fructus agri decumani fuisse?
179. for when you were demanding of the cities money for corn, whence was the corn to be procured for you to send to Rome, if you had it not all collected and locked up? Therefore, in the affair of that corn, the first profit of all was that of the corn itself, which had been taken by violence from the cultivators; the next profit was because that very corn which had been procured by you during your three years, you sold not once, but twice; not for one payment, but for two, though it was one and the same lot of corn; once to the cities, for fifteen sesterces a medimnus, a second time to the Roman people, from whom you got eighteen sesterces a medimus for the very same corn.
179. enim a civitatibus pro frumento pecuniam exigebas, unde erat frumentum quod Romam mitteres, si tu id non omne clausum et compressum possidebas? in eo frumento primus tibi ille quaestus erat ipsum frumentum, quod erat ereptum ab aratoribus, alter, quod frumentum improbissime per triennium partum non semel sed bis, neque uno sed duobus pretiis unum et idem frumentum vendidisti, semel civitatibus HS xv in medimnum, iterum populo Romano, a quo HS xxi in medimna pro eodem illo frumento abstulisti.
180. But perhaps you approved besides of the corn of the Centuripans, of the Agrigentines, and of some others, and paid money to these nations. There may be some cities in that number whose corn you were unwilling to object to. What then? Was all the money that was owed for corn paid to these cities? Find me one—not one people, but one cultivator. See, seek, look around, if perchance there is any single man in that province in which you were governor for three years, who does not wish you to be ruined. Produce me one, I say, out of all those cultivators who contributed money even to raise a statue to you, who will say that everything that was due for corn was paid. I pledge myself, O judges, that none will say so.
180. enim frumentum Centuripinorum et Agrigentinorum et non nullorum fortasse praeterea probasti et his populis pecuniam dissolvisti. sane aliquae civitates in eo numero, quarum frumentum improbare nolueris; quid tandem? his civitatibus omnisne pecunia quae pro frumento debita est dissoluta est? Vnum mihi reperi non populum, sed aratorem: vide, quaere, circumspice, si quis forte est ex ea provincia, in qua tu triennium praefuisti, qui te nolit perisse: unum, inquam, da mihi ex illis aratoribus qui tibi ad statuam pecuniam contulerunt, qui sibi dicat omne esse pro frumento quod oportuerit solutum., iudices, neminem esse dicturum.
181. Out of all the money which it was your duty to pay to the cultivators, you were in the habit of making deductions on certain pretexts; first of all for the examination, and for the difference in the exchanges; secondly, for some stealing money or other. All these names, O judges, do not belong to any legal demand, but to the most infamous robberies. For what difference of exchange can there be when all use one kind of money? And what is sealing money How has this name got introduced into the accounts of a magistrate? how came it to be connected with the public money? For the third description of deduction was such as if it were not only lawful, but even proper; and not only proper, but absolutely necessary. Two fiftieths were deducted from the entire sum in the name of the clerk. Who gave you leave to do this?—what law? what authority of the senate? Moreover where was the justice of your clerk taking such a sum, whether it was taken from the property of the cultivators, or from the revenues of the Roman people?
181. omni pecunia quam aratoribus solvere debuisti certis nominibus deductiones fieri solebant, primum pro spectatione et collybo, deinde pro nescio quo cerario. omnia, iudices, non rerum certarum, sed furtorum improbissimorum sunt vocabula. collybus esse qui potest, cum utuntur omnes uno genere nummorum? vero—quid? quo modo hoc nomen ad rationes magistratus, quo modo ad pecuniam publicam adlatum est? illud genus tertium deductionis erat eius modi, quasi non modo liceret sed etiam oporteret, nec solum oporteret sed plane necesse esset. nomine de tota pecunia binae quinquagesimae detrahebantur. tibi hoc concessit, quae lex, quae senatus auctoritas, quae porro aequitas, ut tantam pecuniam scriba tuus auferret sive de aratorum bonis sive de populi Romani vectigalibus?
182. For if that sum can he deducted without injury to the cultivators of the soil, let the Roman people have it, especially in the existing difficulties of the treasury; but if the Roman people intended it to be paid to the cultivators, and if it is just that it should be, then shall your officer, hired at small wages paid by the people, plunder the property of the cultivators? And shall Hortensius excite against me in this cause the whole body of clerks? and shall he say that their interests are undermined by me, and their lights opposed? as if this were allowed to the clerks by any precedent or by any right. Why should I go back to old times? or why should I make mention of those clerks, who, it is evident, were most upright and conscientious men? It does not escape my observation, O judges, that old examples are now listened to and considered as imaginary fables I will go only to the present wretched and profligate time. You, O Hortensius, have lately been quaestor. You can say what your clerks did; I say this of mine; when, in that same Sicily, I was paying the cities money for their corn, and had with me two most economical men as clerks, Lucius Manilius and Lucius Sergius, then I say that not only these two fiftieths were not deducted, but that not one single coin was deducted from any one. I would say that all the credit of this was to be attributed to me, O judges, if they had ever asked this of me, if they had ever thought of it.
182. si potest ista pecunia sine aratorum iniuria detrahi, populus Romanus habeat, in tantis praesertim aerari angustiis; sin autem et populus Romanus voluit, et aequum est ita solvi aratoribus, tuus apparitor parva mercede populi conductus de aratorum bonis praedabitur? in hac causa scribarum ordinem in me concitabit Hortensius et eorum commoda a me labefactari atque oppugnari iura dicet? vero hoc scribis ullo exemplo sit aut ullo iure concessum. ego vetera repetam aut quid eorum scribarum mentionem faciam quos constat sanctissimos homines atque innocentissimos fuisse? me fugit, iudices, vetera exempla pro fictis fabulis iam audiri atque haberi: in his temporibus versabor miseris ac perditis., Hortensi, quaestor fuisti. tui scribae fecerint, tu potes dicere: ego de meis hoc dico, cum in eadem ista Sicilia pro frumento pecuniam civitatibus solverem et mecum duos frugalissimos homines scribas haberem, L. Mamilium et L. Sergium, non modo istas duas quinquagesimas, sed omnino nummum nullum cuiquam esse deductum. hoc mihi totum esse attribuendum, iudices, si illi umquam hoc a me postulassent, si umquam omnino cogitassent.
183. For why should a clerk make this deduction, and not rather the muleteer who brought the corn down? or the courier, by whose arrival they heard of its coming and made the demand? or the crier, who ordered them to appear? or the lictor and the slave of Venus, who carried the money? What part of the business or what seasonable assistance can a scrivener pretend to, that, I will not say such high wages should be given him, but, that a division of such a large sum should take place with him? Oh they are a very honourable body of men;—who denies it? or what has that to do with this business? But they are an honourable body, because to their integrity are entrusted the public accounts and the safety of the magistrates. Ask, therefore, of those scriveners who are worthy of their body, masters of households, virtuous and honourable men, what is the meaning of those fiftieths? In a moment you will all clearly see that the whole affair is unprecedented and scandalous.
183. ob rem enim scriba deducat, ac non potius mulio qui advexerit, tabellarius cuius adventu certiores facti petiverunt, praeco qui adire iussit, viator aut Venerius qui fiscum sustulit? pars operae aut opportunitatis in scriba est cur ei non modo merces tanta detur, sed cur cum eo tantae pecuniae partitio fiat? “est honestus.” negat, aut quid ea res ad hanc rem pertinet? vero honestus, quod eorum hominum fidei tabulae publicae periculaque magistratuum committuntur. ex his scribis qui digni sunt illo ordine, patribus familias, viris bonis atque honestis, percontamini quid sibi istae quinquagesimae velint: iam omnibus intellegetis novam rem totam atque indignam videri.
184. Bring me back to those scriveners, if you please; do not get together those men who when with a little money scraped together from the presents of spendthrifts and the gratuities to actors, they have bought themselves a place in some decury, think that they have mounted from the first class of hissed buffoons into the second class of the citizens. Those scriveners I will have as arbitrators in this business between you and me, men who are indignant that those other fellows should be scriveners at ale Although, when we see that there are many unfit men in that order, an order which is held out as a reward for industry and good conduct, are we to wonder that there are some base men in that order also, a place in which any one can purchase for money? When you confess that your clerk, with your leave, took thirteen hundred thousand sesterces of the public money, do you think that you have any defence left? that any one can endure this? Do you think that even any one of those who are at this moment your own advocates can listen to this with equanimity? Do you think that, in the same city in which an action was brought against Caius Cato, a most illustrious man, a man of consular rank, to recover a sum of eighteen thousand sesterces; in that same city it could be permitted to your clerk to carry off at one swoop thirteen hundred thousand sesterces?
184. eos me scribas revoca, si placet, noli hos colligere, qui nummulis corrogatis de nepotum donis ac de scaenicorum corollariis, cum decuriam emerunt, ex primo ordine explosorum in secundum ordinem civitatis se venisse dicunt. Eos scribas tecum disceptatores huius criminis habebo qui istos scribas esse moleste ferunt. cum in eo ordine videamus esse multos non idoneos, qui ordo industriae propositus est et dignitati, mirabimur turpis aliquos ibi esse quo cuivis pretio licet pervenire? ex pecunia publica HS terdeciens scribam tuum permissu tuo cum abstulisse fateare, reliquam tibi ullam defensionem putas esse? hoc quemquam ferre posse, hoc quemquam denique nunc tuorum advocatorum animo aequo audire arbitrare, qua in civitate C. Catoni, consulari homini, clarissimo viro, HS viii lis aestimata sit, in eadem civitate apparitori tuo esse concessum ut HS terdeciens uno nomine auferret?
185. Here is where that golden ring came from, with which you presented him in the public assembly; a gift which was an act of such extraordinary impudence that it seemed novel to all the Sicilians, and to me incredible. For our generals, after a defeat of the enemy, after some splendid success, have often presented their secretaries with golden rings in a public assembly; but you, for what exploit, for the defeat of what enemy did you dare to summon an assembly for the purpose of making this present? Nor did you only present your clerk with a ring, but you also presented a man of great bravery, a man very unlike yourself, Quintus Rubrius, a man of eminent virtue, and dignity, and riches, with a crown, with horse trappings, and a chain; and also Marcus Cossutius, a most conscientious and honourable man, and Marcus Castritius, a man of the greatest wealth, and ability, and influence.
185. ille est anulus aureus quo tu istum in contione donasti; quae tua donatio singulari impudentia nova Siculis omnibus, mihi vero etiam incredibilis videbatur. enim nostri imperatores superatis hostibus, optime re publica gesta, scribas suos anulis aureis in contione donarunt: tu vero quibus rebus gestis, quo hoste superato contionem donandi causa advocare ausus es? enim solum scribam tuum anulo, sed etiam virum fortissimum ac tui dissimillimum, Q. Rubrium, excellentem virtute auctoritate copiis, corona et phaleris et torque donasti, M. Cossutium, sanctissimum virum atque honestissimum, M. Castricium, summo splendore ingenio gratia praeditum.
186. What was the meaning of these presents made to these three Roman citizens? Besides that, you gave presents also to some of the most powerful and noble of the Sicilians, who have not, as you hoped, been the more slow to come forward, but have only come with more dignity to give their evidence in this trial of yours. Where did all these presents come from? from the spoils of what enemy? gained in what victory? Of what booty or trophies do they make a part? Is it because while you were praetor, a most beautiful fleet, the bulwark of Sicily, the defence of the province, was burnt by the hands of pirates arriving in a few light galleys? or because the territory of Syracuse was laid waste by the conflagrations of the banditti while you were praetor? or because the forum of the Syracuse overflowed with the blood of the captains? or because a piratical galley sailed about in the harbour of Syracuse? I can find no reason which I can imagine for your having fallen into such madness, unless indeed your object was to prevent men from ever forgetting the disasters of your administration.
186. haec sibi horum trium civium Romanorum dona voluerunt? Siculos praeterea potentissimos nobilissimosque donasti, qui non, quem ad modum sperasti, tardiores fuerunt, sed ornatiores tuo iudicio ad testimonia dicenda venerunt. ex hostium spoliis, de qua victoria, qua ex praeda aut manubiis haec abs te donatio constituta est? an quod te praetore paucorum adventu myoparonum classis pulcherrima, Siciliae praesidium propugnaculumque provinciae, piratarum manibus incensa est? an quod ager Syracusanus praedonum incendiis te praetore vastatus est? an quod forum Syracusanum nauarchorum sanguine redundavit? an quod in portu Syracusano piraticus myoparo navigavit? possum reperire quam ob rem te in istam amentiam incidisse arbitrer, nisi forte id egisti ut hominibus ne oblivisci quidem rerum tuarum [male gestarum ] liceret.
187. A clerk was presented with a golden ring, and an assembly was convoked to witness that presentation. What must have been your face when you saw in the assembly those men out of whose property that golden ring was provided for the present; who themselves had laid aside their golden rings, and had taken them off from their children, in order that your clerk might have the means to support your liberality and kindness? Moreover, what was the preface to this present? Was it the old one used by the generals?—“Since in battle, in war, in military affairs, you....” There never was even any mention of such matters while you were praetor. Was it this, “Since you have never failed me in any act of covetousness, or in any baseness, and since you have been concerned with me in all my wicked actions, both during my lieutenancy, and my praetorship, and here in Sicily; on account of all these things, since I have already made you rich, I now present you with this golden ring?” This would have been the truth. For that golden ring given by you does not prove he was a brave man, but only a rich one. As we should judge that same ring, if given by some one else, to have evidence of virtue when given by you, we consider it only an accompaniment to money.
187. est aureo scriba donatus, et ad eam donationem contio est advocata. erat os tuum, cum videbas in contione eos homines quorum ex bonis istum anulo aureo donabas, qui ipsi anulos aureos posuerant liberisque suis detraxerant, ut esset unde scriba tuus hoc tuum munus ac beneficium tueretur? quae porro praefatio tuae donationis fuit? scilicet vetus atque imperatoria, qvandoqve tv qvidem in proelio, in bello, in re militari —cuius ne mentio quidem te praetore ulla facta est: an illa, qvandoqve tv nvlla vmqvam mihi in cvpiditate ac tvrpitvdine defvisti omnibvsqve in isdem flagitiis mecvm et in legatione et in praetvra et hic in Sicilia versatvs es, ob eas res te, qvoniam re̵ locvpletavi, hoc anvlo avreo dono? haec fuisset oratio; neque enim iste anulus aureus abs te datus istum virum fortem, sed hominem locupletem esse declarat. eundem anulum ab alio datum testem virtutis duceremus, abs te donatum comitem pecuniae iudicamus.
188. I have spoken, O judges, of the corn collected as tenths; I have spoken of that which was purchased; the last, the only remaining topic, is the valuation of the corn, which ought to have weight with every one, both from the vastness of the sum involved, and from the description of the injustice done; and more than either, because against this charge he is provided, not with some ingenious defence, but with a most scandalous confession of it. For though it was lawful for him, both by a decree of the senate, and also by the laws, to take corn and lay it up in the granaries, and though the senate had valued that corn at four sesterces for a modius of wheat, two for one of barley, Verres, having first added to the quantity of wheat, valued each modius of wheat with the cultivators at three denarii. My charge is not this, O Hortensius; do not you think about this; I know that many virtuous, and brave, and incorruptible men, have often valued, both with the cultivators of the soil and with cities, the corn which ought to have been taken and laid up in the granary, and have taken money instead of corn; I know what is accustomed to be done; I know what is lawful to be done; nothing which has been previously the custom of virtuous men is found fault with ill the conduct of Verres.
188. , iudices, est de decumano frumento, dictum de empto, extremum reliquum est de aestimato; quod cum magnitudine pecuniae tum iniuriae genere quemvis debet commovere, tum vero eo magis quod ad hoc crimen non ingeniosa aliqua defensio sed improbissima confessio comparatur. cum ex senatus consulto et ex legibus frumentum in cellam ei sumere liceret idque frumentum senatus ita aestimasset, quaternis HS tritici modium, binis hordei, iste hordei numero ad summam tritici adiecto tritici modios singulos cum aratoribus denariis ternis aestimavit. est in hoc crimen, Hortensi, ne forte ad hoc meditere, multos saepe viros bonos et fortis et innocentis cum aratoribus et cum civitatibus frumentum, in cellam quod sumi oporteret, aestimasse et pecuniam pro frumento abstulisse. quid soleat fieri, scio quid liceat; nihil quod antea fuerit in consuetudine bonorum nunc in istius facto reprehenditur;
189. This is what I find fault with, that, when a modius of wheat in Sicily cost two sesterces, as his letter which was sent to you declares, or at most, three, as has also already been made clear from all the evidence and all the accounts of the cultivators, he exacted from the cultivators three denarii for every modius of wheat. This is the charge; I wish you to understand, that my accusation turns not on the fact of his having valued the corn, nor even of his having valued it at three denarii but on that of his having increased the quantity of corn, and consequently the amount of the valuation. In truth this valuation originated, O judges, at first not in the convenience of the praetors or consuls, but in the advantage to the cultivators and the cities. For originally, no one was so impudent as to demand money when it was corn that was due; certainly this proceeded in the first instance from the cultivator or from the city which was required to furnish corn; when they had either sold the corn, or wished to keep it, or were not willing to carry it to that place where it was required to be delivered, they begged as a kindness and a favour, that they might be allowed, instead of the corn, to give the value of the corn. From such a commencement as this, and from the liberality and accommodating spirit of the magistrates the custom of valuations was introduced.
189. hoc reprehendo, quod, cum in Sicilia HS binis tritici modius esset, ut istius epistula ad te missa declarat, summum HS ternis, id quod et testimoniis omnium et tabulis aratorum planum factum antea est, tum iste pro tritici modiis singulis ternos ab aratoribus denarios exegit; hoc crimen est, ut intellegas non ex aestimatione neque ex ternis denariis pendere crimen, sed ex coniunctione annonae atque aestimationis. haec aestimatio nata est initio, iudices, non ex praetorum aut consulum, sed ex civitatum et aratorum commodo. enim fuit initio tam impudens qui, cum frumentum deberetur, pecuniam posceret. hoc ab aratore primum est profectum, aut ab ea civitate cui imperabatur; cum aut frumentum vendidisset aut servare vellet aut in eum locum quo imperabatur portare nollet, petivit in benefici loco et gratiae ut sibi pro frumento quanti frumentum esset dare liceret. huiusce modi principio atque ex liberalitate et accommodatione magistratuum consuetudo aestimationis introducta est.
190. More covetous, magistrates succeeded; who, in their avarice, devised not only a plan for their own gain, but also a way of escape, and a plea for their defence. They adopted a custom of always requiring corn to be delivered at the most remote and inconvenient places, in order that, through the difficulty of carriage, the cultivators might be more easily brought to the valuation which they wished. In a case of this kind it is easier to form one's opinion, than to make out a case for blame; because we can think the man who does this avaricious, but we cannot easily make out a charge against him; because it appears that we must grant this to our magistrates, that they may have power to receive the corn in any place they choose; therefore this is what many perhaps have done, not, however, so many out that those whom we recollect, or whom we have heard of as the most upright magistrates, have declined to do it.
190. sunt avariores magistratus, qui tamen in avaritia sua non solum viam quaestus invenerunt, verum etiam exitum ac rationem defensionis. semper in ultima ac difficillima ad portandum loca frumentum imperare, ut vecturae difficultate ad quam vellent aestimationem pervenirent. hoc genere facilior est existimatio quam reprehensio, ideo quod eum qui hoc facit avarum possumus existimare, crimen in eo constituere non tam facile possumus, quod videtur concedendum magistratibus nostris esse ut iis quo loco velint frumentum accipere liceat. hoc est quod multi fortasse fecerunt, sed ita multi ut ii quos innocentissimos meminimus aut audivimus non fecerint.
191. I ask of you now, O Hortensius, with which of these classes you are going to compare the conduct of Verres? With those, I suppose, who, influenced by their own kindness, have granted, as a favour and as a convenience to the cities, permission to give money instead of corn. And so I suppose the cultivators begged of him, that, as they could not sell a modius of wheat for three sesterces, they may be allowed to pay three denarii instead of each modius. Or, since you do not dare to say this, will you take refuge in that assertion, that, being influenced by the difficulty of carriage, they preferred to give three denarii? Of what carriage? Wishing not to have to carry it from what place to what place? from Philomelium to Ephesus? I see what is the difference between the price of corn at different places; I see too how many days' journey it is; I see that it is for the advantage of the Philomelians rather to pay in Phrygia the price which corn bears in Ephesus, than to carry it to Ephesus, or to send both money and agents to Ephesus to buy corn.
191. nunc abs te, Hortensi, cum utrisne tandem istius factum collaturus es? iis, credo, qui benignitate adducti per beneficium et gratiam civitatibus concesserunt ut nummos pro frumento darent. credo petisse ab isto aratores ut, cum HS ternis tritici modium vendere non possent, pro singulis modiis ternos denarios dare liceret. quoniam hoc non audes dicere, illuc confugies, vecturae difficultate adductus ternos denarios dare maluisse? vecturae? quo ex loco in quem locum ne portarent? Philomelio Ephesum? quid inter annonam interesse soleat, video quot dierum via sit, video Philomeliensibus expedire, quanti Ephesi sit frumentum, dare potius in Phrygia quam Ephesum portare aut ad emendum frumentum Ephesum pecuniam et legatos mittere.
192. But what can there be like that in Sicily? Enna is a completely inland town. Compel (that is the utmost stretch of your authority) the people of Enna to deliver their corn at the waterside; they will take it to Phintia, or to Halesa, or to Catina, places all very distant from one another, the same day that you issue the order; though there is not even need of any carriage at all; for all this profit of the valuation, O judges, arises from the variety in the price of corn. For a magistrate in a province can manage this,—namely, to receive it where it is dearest. And therefore that is the way valuations are managed in Asia and in Spain, and in those provinces in which corn is not everywhere the same price. But in Sicily what difference did it make to any one in what place he delivered it? for he had not to carry it; and wherever he was ordered to carry it, there he might buy the same quantity of corn which he sold at home.
192. Sicilia vero quid eius modi est? Henna mediterranea est maxime. ut ad aquam tibi, id quod summi iuris est, frumentum Hennenses admetiantur vel Phintiam vel Halaesam vel Catinam, loca inter se maxime diversa: eodem die quo iusseris deportabunt. ne vectura quidem est opus. totus quaestus hic, iudices, aestimationis ex annonae natus est varietate. enim magistratus in provincia adsequi potest, ut ibi accipiat ubi est carissimum. valet ista ratio aestimationis in Asia, valet in Hispania, valet in iis provinciis in quibus unum pretium frumento esse non solet: in Sicilia vero quid cuiusquam intererat quo loco daret? neque enim portandum erat, et, quo quisque vehere iussus esset, ibi tantidem frumentum emeret quanti domi vendidisset.
193. Wherefore, if, O Hortensius, you wish to show that anything, in the matter of the valuation, was done by him like what has been done by others, you must show that at any place in Sicily, while Verres was praetor, a modius of wheat ever cost three denarii. See what a defence I have opened to you; how unjust to our allies, how far removed from the good of the republic, how utterly foreign to the intention and meaning of the law. Do you, when I am prepared to deliver you corn on my own farm, in my own city,—in the very place, in short, in which you are, in which you live, in which you manage all your business and conduct the affairs of the province,—do you, I say, select for me some remote and desert corner of the island? Do you bid me deliver it there, whither it is very inconvenient to carry it? where I cannot purchase it?
193. ob rem, si vis, Hortensi, docere aliquid ab isto simile in aestimatione atque a ceteris esse factum, doceas oportebit aliquo in loco Siciliae praetore Verre ternis denariis tritici modium fuisse. quam tibi defensionem patefecerim, quam iniquam in socios, quam remotam ab utilitate rei publicae, quam seiunctam a voluntate ac sententia legis., cum tibi ego frumentum in meis agris atque in mea civitate, denique cum in iis locis in quibus es, versaris, rem geris, provinciam administras, paratus sim dare, angulum mihi aliquem eligas provinciae reconditum ac derelictum? iubeas ibi me metiri quo portare non expediat, ubi emere non possim?
194. It is a shameful action, O judges, intolerable, permitted to no one by law, but perhaps not yet punished in any instance. Still this very thing, which I say ought not to be endured, I grant to you, O Verres; I make you a present of it. If in any place of that province corn was at the price at which he valued it, then I think that this charge ought not to have any weight against him. But when it was fetching two sesterces, or even three at the outside, in any district of the province which you choose to name, you exacted twelve. If there cannot be any dispute between you and me either about the price of corn, or about your valuation, why are you sitting there? What are you waiting for? What will you say in your defence? Does money appear to have been appropriated by you contrary to the laws, contrary to the interests of the republic, to the great injury of our allies? Or will you say in your defence, that all this has been done lawfully, regularly, in a manner advantageous to the republic, without injury to any one?
194. facinus, iudices, non ferendum, nemini lege concessum, sed fortasse adhuc in nullo etiam vindicatum! ego hoc, quod ferri nego posse, Verri, iudices, concedo et largior. ullo in loco eius provinciae frumentum tanti fuit quanti iste aestimavit, hoc crimen in istum reum valere oportere non arbitror. enim vero, cum esset HS binis aut etiam ternis quibusvis in locis provinciae, duodenos sestertios exegisti. mihi tecum neque de annona neque de aestimatione tua potest esse controversia, quid sedes, quid exspectas, quid defendis? utrum tibi pecuniae coactae conciliatae videntur adversus leges, adversus rem publicam cum maxima sociorum iniuria, an vero id recte, ordine, e re publica, sine cuiusquam iniuria factum esse defendis?
195. When the senate had given you money out of the treasury, and had paid you money which you were to pay the cultivators, a denarius for every modius, what was it your duty to do? If you had wished to do what Lucius Piso, surnamed Thrifty, who first made the law about extortion, would have done, when you had bought the corn at the regular price, you would have returned whatever money there was over. If you wished to act as men desirous of gaining popularity, or as kind-hearted men would, as the senate had valued the corn at more than the regular price, you would have paid for it according to the valuation of the senate, and not according to the market price. Or if, as many do, a conduct which produces some profit indeed, but still an honest and allowable one, you would not have bought corn, since it was cheaper than they expected, but you would have retained the money which the senate had granted you for furnishing the granary. But what is it that you have done? What presence has it, I will not say of justice, but even of any ordinary roguery or impudence? For, indeed, there is not usually anything which men, however dishonest, dare to do openly in their magistracy, for which they cannot give, if not a good excuse, still some excuse or other.
195. tibi senatus ex aerario pecuniam prompsisset et singulos tibi denarios adnumerasset quos tu pro singulis modiis aratoribus solveres, quid facere debuisti? quod L. Piso ille Frugi, qui legem de pecuniis repetundis primus tulit, cum emisses quanti esset, quod superaret pecuniae rettulisses; si ut ambitiosi homines aut benigni, cum pluris senatus aestimasset quam quanti esset annona, ex senatus aestimatione, non ex annonae ratione solvisses; sin, ut plerique faciunt, in quo erat aliqui quaestus, sed is honestus atque concessus, frumentum, quoniam vilius erat, ne emisses, sumpsisses id nummorum quod tibi senatus cellae nomine concesserat. vero quid est? quam habet rationem non quaero aequitatis, sed ipsius improbitatis atque impudentiae? enim est fere quicquam quod homines palam facere audeant in magistratu quamvis improbe, quin eius facti si non bonam, at aliquam rationem adferre soleant.
196. But what sort of conduct is this? The praetor came. Says he, I must buy some corn of you. Very well. At a denarius for a modius I am much obliged to you; you are very liberal, for I cannot get three sesterces for it. But I don't want the corn, I will take the money. I had hoped, says the cultivator, that I should have touched the denarii; but if you must have money, consider what is the price of corn now. I see it costs two sesterces. What money, then, can be required of me for you, when the senate has allowed you four sesterces? Listen, now, to what he demands And I entreat you, O judges, remark at the same time the equity of the praetor:
196. quid est? praetor; frumentum, inquit, me abs te emere oportet.. denario. ac liberaliter; nam ego ternis HS non possum vendere. frumentum non opus est, nummos volo. sperabam, inquit arator, me ad denarios perventurum; sed, si ita necesse est, quanti frumentum sit considera. esse binis HS. ergo a me tibi nummorum dari potest, cum senatus tibi quaternos HS dederit? poscit? et, vos quaeso, simul, iudices, aequitatem praetoris attendite.
197. “The four sesterces which the senate has voted me, and has paid me out of the treasury, those I shall keep, and shall transfer out of the public chest into my strong box.” What comes next? What? “For each modius which I require of you, do you give me eight sesterces.” On what account? “What do you ask me on what account for? It is not so much on what account that we need think, as of how advantageous it will be,—how great a booty I shall get.” Speak, speak, says the cultivator, a little plainer. The senate desires that you should pay me money,—that I should deliver corn to you. Will you retain that money which the senate intended should be paid to me, and take two sesterces a-modius from me, to whom you ought to pay a denarius for each modius? And then will you call this plunder and robbery granary-money?
197. Quaternos HS, quos mihi senatus decrevit et ex aerario dedit, ego habebo et in cistam transferam de fisco. postea? quid? singulis modiis, quos tibi impero, tu mihi octonos HS dato. ratione? quaeris rationem? non tantam rationem res habet quantam utilitatem atque praedam., dic, inquit ille, planius. te voluit mihi nummos, me tibi frumentum dare: tu eos nummos quos mihi senatus dare voluit ipse habebis; a me, cui singulos denarios a te dari oportuit, binos auferes et huic praedae ac direptioni cellae nomen impones?