SCRIPTURA

Cicero · Against Verres · 29 of 31

Actio Secunda · Book V · sections 97–128

Translated by Charles Duke Yonge

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97. Here, while you were praetor, Heracleo, the captain of the pirates, with four small galleys, sailed about at his pleasure. O ye immortal gods! a piratical galley, while the representative of the Roman people, its name and its forces were all in Syracuse, came up to the very forum, and to all the quays of the city. Those most glorious fleets of the Carthaginians, when they were at the very height of their naval power, though they often made the attempt in many wars, were never able to advance so far. Even the naval glory of the Roman people, invincible as it was till your praetorship, in all the Punic and Sicilian wars never penetrated so far. The situation of the place is such that the Syracusans usually saw their enemies armed and victorious within their walls, in the city, and in the forum, before they saw any enemy's ship in their harbour.

97. te praetore Heracleo pirata cum quattuor myoparonibus parvis ad arbitrium suum navigavit. di immortales! piraticus myoparo, cum imperi populi Romani nomen ac fasces essent Syracusis, usque ad forum Syracusanorum et ad omnis crepidines urbis accessit, quo neque Carthaginiensium gloriosissimae classes, cum mari plurimum poterant, multis bellis saepe conatae umquam aspirare potuerunt, neque populi Romani invicta ante te praetorem gloria illa navalis umquam tot Punicis Siciliensibusque bellis penetrare potuit; qui locus eius modi est ut ante Syracusani in moenibus suis, in urbe, in foro hostem armatum ac victorem quam in portu ullam hostium navem viderint.

98. Here, while you were praetor, galleys of pirates sailed about, where previously the only fleet that had ever entered in the history of the world, was the Athenian fleet of three hundred ships, which forced its way in by its weight and its numbers; and that fleet was in that very harbour defeated and destroyed, owing to the natural character of the place and harbour. Here first was the power of that splendid city defeated, weakened, and impaired. In this harbour, shipwreck was made of the nobleness and dominion and glory of Athens. Did a pirate penetrate to that part of the city which he could not approach without leaving a great part of the city not only on his flanks but in his rear? He passed by the whole island, which is at Syracuse a very considerable part of the city, having its own distinct name, and separate walls; in which part, as I said before, our ancestors forbade any Syracusan to dwell, because they knew that the harbour would be in the power of whatever people were occupying that district of the city.

98. , te praetore, praedonum naviculae pervagatae sunt quo Atheniensium classis sola post hominum memoriam trecentis navibus vi ac multitudine invasit; quae in eo ipso portu loci ipsius portusque natura victa atque superata est. primum opes illius civitatis comminutae depressaeque sunt: in hoc portu Atheniensium nobilitatis, imperi, gloriae naufragium factum existimatur. Eone pirata penetravit quo simul atque adisset non modo a latere sed etiam a tergo magnam partem urbis relinqueret? Insulam totam praetervectus est, quae est urbs Syracusis suo nomine ac moenibus, quo in loco maiores, ut ante dixi, Syracusanum habitare vetuerunt, quod, qui illam partem urbis tenerent, in eorum potestatem portum futurum intellegebant.

99. And how did he wander through it? He threw down around him the roots of the wild palms which he had found in our ships, in order that all men might become acquainted with the dishonesty of Verres, and the disaster of Sicily. O that Sicilian soldiers, children of those cultivators of the soil whose fathers produced such crops of corn by their labour that they were able to supply the Roman people and the whole of Italy,—that they, born in the island of Ceres, where corn is said to have been first discovered, should have been driven to use such food as their ancestors, by the discovery of corn, had delivered all other nations from! While you were praetor the Sicilian soldiers were fed on the roots of wild palms, pirates on Sicilian corn.

99. quem ad modum est pervagatus! palmarum agrestium, quas in nostris navibus invenerant, iactabant, ut omnes istius improbitatem et calamitatem Siciliae possent cognoscere. Siculosne milites, aratorumne liberos, quorum patres tantum labore suo frumenti exarabant ut populo Romano totique Italiae suppeditare possent, eosne in insula Cereris natos, ubi primum fruges inventae esse dicuntur, eo cibo esse usos a quo maiores eorum ceteros quoque frugibus inventis removerunt! praetore Siculi milites palmarum stirpibus, piratae Siculo frumento alebantur!

100. O miserable and bitter spectacle! that the glory of the city and the name of the Roman people should be a laughingstock; that in the face of all that body of inhabitants and all that multitude of people, a pirate in a piratical galley should celebrate a triumph in the harbour of Syracuse over a fleet of the Roman people, while the oars of the pirates were actually besprinkling the eyes of that most worthless and cowardly praetor. After the pirates had left the harbour, not because of any alarm, but because they were weary of staying there, these men began to inquire the cause of so great a disaster. All began to say, and to argue openly, that it was by no means strange, that when the soldiers and the crews had been dismissed, and the rest had been destroyed by want and famine, while the praetor was spending all his time in drinking with his women, such a disgrace and calamity should have fallen upon them.

100. O spectaculum miserum atque acerbum! ludibrio esse urbis gloriam, populi Romani nomen, omnium hominum conventum atque multitudinem piratico myoparoni! in portu Syracusano de classe populi Romani triumphum agere piratam, cum praetoris inertissimi nequissimique oculos praedonum remi respergerent! e portu piratae non metu aliquo adfecti sed satietate exierunt, tum coeperunt quaerere homines causam illius tantae calamitatis. omnes et palam disputare minime esse mirandum si remigibus militibusque dimissis, reliquis egestate et fame perditis, praetore tot dies cum mulierculis perpotante, tanta ignominia et calamitas esset accepta.

101. And all the reproaches which they heaped upon him, all the infamy that they attributed to him, was confirmed by the statements of those men who had been appointed by their own cities to command their ships; the rest of whom had fled to Syracuse after the loss of the fleet. Each of them stated how many men they knew had been discharged out of their respective ships. The matter was clear, and his avarice was proved not only by arguments, but also by undeniable witnesses. The man is informed that nothing is done in the forum and in the assembly all that day, except putting questions to the naval captains how the fleet was lost. That they made answer, and informed every one that it was owing to the discharge of the rowers, the want of food of the rest, the cowardice and desertion of Cleomenes. And when he heard this, he began to form this design. He had long since made up his mind that a prosecution would be instituted against him, long before this happened, as you have heard him say himself at the former pleading. He saw that if those naval captains were produced as witnesses against him, he should not be able to stand against so serious an accusation. He forms at first a plan, foolish indeed, but still merciful.

101. autem istius vituperatio atque infamia confirmabatur eorum sermone qui a suis civitatibus illis navibus praepositi fuerant. ex illo numero reliqui Syracusas classe amissa refugerant dicebant quot ex sua quisque nave missos sciret esse. erat clara, neque solum argumentis sed etiam certis testibus istius audacia tenebatur. certior fit agi nihil in foro et conventu toto die nisi hoc, quaeri ex nauarchis quem ad modum classis sit amissa; illos respondere et docere unum quemque, missione remigum, fame reliquorum, Cleomenis timore et fuga. posteaquam iste cognovit, hanc rationem habere coepit. sibi dicendam esse statuerat iam antequam hoc usu venit, ita ut ipsum priore actione dicere audistis. illis nauarchis testibus tantum hoc crimen sustinere se nullo modo posse. capit primo stultum, verum tamen clemens.

102. He orders Cleomenes and the naval captains to be summoned before him. They come. He accuses them of having held this language about himself; he begs them to cease from holding it; and begs every one there to say that he had had in his ship as large a crew as he ought to have had, and that none had been discharged. They promise him to do whatever he wished. He does not delay. He immediately summons his friends. He then asks of all the captains separately how many sailors each had had on board his ship. Each of them answers as he had been enjoined to. He makes an entry of their answers in his journal. He seals it up, prudent man that he is, with the seals of his friends; in order forsooth, to use this evidence against this charge, if ever it should be necessary.

102. ad se vocari iubet; veniunt. eos quod eius modi de se sermones habuerint; rogat ut in sua quisque dicat navi se tantum habuisse nautarum quantum oportuerit, neque quemquam esse dimissum. enim vero se ostendunt quod vellet esse facturos. non procrastinat, advocat amicos statim; quaerit ex iis singillatim quot quisque nautas habuerit. unus quisque ut erat praeceptum. in tabulas refert; obsignat signis amicorum providens homo, ut contra hoc crimen, si quando opus esset, hac videlicet testificatione uteretur.

103. I imagine that senseless man must have been laughed at by his own counselors, and warned that these documents would do him no good; that if the charge were made, there would be even more suspicion owing to these extraordinary precautions of the praetor. He had already behaved with such folly in many cases, as even publicly to order whatever he pleased to be expunged out of, or entered in the records of different cities. All which things he now finds out are of no use to him, since he is convicted by documents, and witnesses, and authorities which are all undeniable. When he sees that their confession, and all the evidence which he has manufactured, and his journals, will be of no use to him, he then adopts the design, not of a worthless praetor, (for even that might have been endured,) but an inhuman and senseless tyrant. He determines, that if he wishes to palliate that accusation, (for he did not suppose that he could get rid of it altogether,) all the naval captains, the witnesses of his wickedness, must be put to death.

103. esse credo hominem amentem a suis consiliariis et admonitum hasce ei tabulas nihil profuturas, etiam plus ex nimia praetoris diligentia suspicionis in eo crimine futurum. iste erat hac stultitia multis in rebus usus ut publice quoque quae vellet in litteris civitatum tolli et referri iuberet; quae omnia nunc intellegit sibi nihil prodesse, posteaquam certis litteris testibus auctoritatibusque convincitur. Vbi hoc videt, illorum confessionem, testificationem suam, tabellas sibi nullo adiumento futuras, init consilium non improbi praetoris,—nam id quidem esset ferendum,—sed importuni atque amentis tyranni: statuit, si hoc crimen extenuari vellet,—nam omnino tolli posse non arbitrabatur,—nauarchos omnis, testis sui sceleris, vita esse privandos.

104. The next consideration was,—“What am I to do with Cleomenes? Can I put those men to death whom I placed under his command, and spare him whom I placed in command and authority over them? Can I punish those men who followed Cleomenes, and pardon Cleomenes who bade them fly with him, and follow him? Can I be severe to those men who had vessels not only devoid of crews, but devoid of decks, and be merciful to him who was the only man who had a decked ship, and whose ship, too, was not stripped bare like those of the others?” Cleomenes must die too. What signify his promises? what do the curses that he will heap on him? what do the pledges of friendship and mutual embraces? what does that comradeship in the service, of a woman on that most luxurious sea-shore signify? It was utterly impossible that Cleomenes could be spared. He summons Cleomenes.

104. illa ratio: “Cleomene fiet? poterone animum advertere in eos quos dicto audientis esse iussi, missum facere eum cui potestatem imperiumque permisi? poterone eos adficere supplicio qui Cleomenen secuti sunt, ignoscere Cleomeni qui secum fugere et se consequi iussit? poterone esse in eos vehemens qui navis non modo inanis habuerunt sed etiam apertas, in eum dissolutus qui solus habuerit constratam navem et minus exinanitam? Cleomenes una!” Vbi fides, ubi exsecrationes, ubi dexterae complexusque, ubi illud contubernium muliebris militiae in illo delicatissimo litore? nullo modo poterat quin Cleomeni parceretur.

105. He tells him that he has made up his mind to execute all the naval captains; that considerations of his own personal danger required such a step. “I will spare you alone, and I will endure the blame of all that disaster myself, and all possible reproaches for my inconsistency, rather than act cruelly to you on the one hand, or, on the other hand, leave so many and such important witnesses against me in safety and in life.” Cleomenes thanks him: approves of his intention; and says that that is what must be done. But he reminds him, of what he had forgotten, that it will not he possible for him to put Phalargus the Centuripan, one of the naval captains, to death, because he had been with him himself in the Centuripan quadrireme. What, then, is he to do? Shall that man, of such a city as that, a most noble youth, be left to be a witness? At present, says Cleomenes, for it must be so; but afterwards we will take care that it shall be put out of his power to injure us.

105. Cleomenen, dicit ei se statuisse animadvertere in omnis nauarchos; ita sui periculi rationes ferre ac postulare. “uni parcam et potius istius culpae crimen vituperationemque inconstantiae suscipiam quam aut in te sim crudelis aut tot tam gravis testis vivos incolumisque esse patiar.” gratias Cleomenes, adprobat consilium, dicit ita fieri oportere, admonet tamen illud, quod istum fugerat, in Phalacrum, Centuripinum nauarchum, non posse animadverti, propterea quod secum una fuisset in Centuripina quadriremi. ergo? iste homo ex eius modi civitate, adulescens nobilissimus, testis relinquetur? “praesentia,” inquit Cleomenes, “quoniam ita necesse est; sed post aliquid videbimus ne iste nobis obstare possit.”

106. After all this was settled and determined, Verres immediately advances from his praetorian house, inflamed with wickedness, frenzy, and cruelty. He comes into the forum. He orders the naval captains to be summoned. They immediately come with all speed, as men who were afraid of nothing, and suspected nothing. He orders those unhappy and innocent men to be loaded with chains. They began to invoke the good faith of the praetor, and to ask why he did so? Then he says that this is the reason,—because they had betrayed the fleet to the pirates. There is a great outcry, and great astonishment on the part of the people, that there should be so much impudence and audacity in the man as to attribute to others the origin of a calamity which had happened entirely owing to his own avarice; or to bring against others a charge of treason, when he himself was thought to be a partner of the pirates; and lastly, they marveled at this charge not being originated till fifteen days after the fleet had been lost.

106. posteaquam acta et constituta sunt, procedit iste repente e praetorio inflammatus scelere furore crudelitate; in forum venit, nauarchos vocari iubet. nihil metuerent, nihil suspicarentur, statim accurrunt. hominibus miseris innocentibus inici catenas imperat. illi fidem praetoris, et quare id faceret rogare. iste hoc causae dicit, quod classem praedonibus prodidissent. clamor et admiratio populi tantam esse in homine impudentiam atque audaciam ut aut aliis causam calamitatis attribueret quae omnis propter avaritiam ipsius accidisset, aut, cum ipse praedonum socius arbitraretur, aliis proditionis crimen inferret; deinde hoc quinto decimo die crimen esse natum postquam classis esset amissa.

107. While these things were happening, inquiry was made where Cleomenes was: not that any one thought him, such as he was, worthy of any punishment for that disaster; for what could Cleomenes have done, (for it is not in my nature to accuse any one falsely,)—what, I say, could Cleomenes have done of any consequence, when his ships had been dismantled by the avarice of Verres? And they see him sitting by the side of the praetor, and whispering familiarly in his ear, as he was accustomed to do. But then it did seem a most scandalous thing to every one, that most honourable men, chosen by their own cities, should be put in chains and in prison, but that Cleomenes, on account of his partnership with him in debauchery and infamy, should be the praetor's most familiar friend.

107. haec ita fierent, quaerebatur ubi esset Cleomenes, non quo illum ipsum, cuicuimodi est, quisquam supplicio propter illud incommodum dignum putaret; nam quid Cleomenes facere potuit?—non enim possum quemquam insimulare falso— quid, inquam, magno opere potuit Cleomenes facere istius avaritia navibus exinanitis? eum vident sedere ad latus praetoris et ad aurem familiariter, ut solitus erat, insusurrare. vero omnibus indignissimum visum est homines honestissimos, electos e suis civitatibus, in ferrum atque in vincla coniectos, Cleomenem propter flagitiorum ac turpitudinum societatem familiarissimum esse praetori.

108. However, an accuser is produced against them, a certain Naevius Turpio, who, when Caius Sacerdos was praetor, had been convicted of an assault; a very suitable tool for the audacity of Verres; a man whom he had frequently employed in matters connected with the tenths, in capital prosecutions, and in every sort of false accusation, as a scout and emissary. The parents and relations of these unfortunate young men came to Syracuse, being aroused by the sudden news of this misfortune. They see their children loaded with chains, bearing on their necks and shoulders the punishment due to the avarice of Verres. They come forward, they defend them, they raise an outcry; they implore your good faith which at no time and no place had ever any existence. The father of one came forward, Dexis the Tyndaritan; a man of the noblest family, connected by ties of hospitality with you yourself, at whose house you had been, whom you had called your friend. When you saw him, a man of such high rank in such distress could not his tears, could not his old age could not the claims of hospitality and the name of friend recall you back from your wickedness to some degree of humanity?

108. iis tamen accusator Naevius Turpio quidam, qui C. Sacerdote praetore iniuriarum damnatus est, homo bene adpositus ad istius audaciam, quem iste in decumis, in rebus capitalibus, in omni calumnia praecursorem habere solebat et emissarium. Syracusas parentes propinquique miserorum adulescentium hoc repentino calamitatis suae commoti nuntio; vinctos aspiciunt catenis liberos suos, cum istius avaritiae poenam collo et cervicibus suis sustinerent; adsunt, defendunt, proclamant, fidem tuam, quae nusquam erat neque umquam fuerat, implorant. aderat Dexo Tyndaritanus, homo nobilissimus, hospes tuus. tu domi fueras, quem hospitem appellaras, eum cum illa auctoritate miseria videres perditum, non te eius lacrimae, non senectus, non hospiti ius atque nomen a scelere aliquam ad partem humanitatis revocare potuit?

109. But why do I speak of the claims of hospitality with reference to so inhuman a monster? He who entered Sthenius of Thermae, his own connection, whose house, while received in it in hospitality, he had plundered and stripped, in the list of criminals in his defence, and who, without allowing him to make any defence, condemned him to death; are we now to expect the claims and duties of hospitality from him? Are we dealing with a cruel man or with a savage and inhuman monster? Could not the tears of a father for the danger of his innocent son move you? As you had left your father at home, and kept your son with you, did neither your son who was present remind you of the affection of children, nor your father who was absent call to your recollection the indulgence of a father?

109. quid ego hospiti iura in hac immani belua commemoro? Sthenium Thermitanum, hospitem suum, cuius domum per hospitium exhausit et exinanivit, absentem in reos rettulerit, causa indicta capite damnarit, ab eo nunc hospitiorum iura atque officia quaeramus? homine [enim ] crudeli nobis res est an cum fera atque immani belua? patris lacrimae de innocentis fili periculo non movebant; cum patrem domi reliquisses, filium tecum haberes, te neque praesens filius de liberum caritate neque absens pater de indulgentia patria commonebat?

110. Your friend Aristeus, the son of Dexion, was in chains. Why was this? He had betrayed the fleet. For what bribe? He had deserted the army. What had Cleomenes done? He had done nothing at all. Yet you had presented him with a golden crown for his valour. He had discharged the sailors. But you had received from them all the price of their discharge. Another father, from another district, was Eubulida of Herlita: a man of great reputation in his city, and of high birth; who, because he had injured Cleomenes in defending his son, had been left nearly destitute. But what was there which any one could say or allege in his defence? They are not allowed to name Cleomenes. But the cause compels them to do so. You shall die if you do name him, (for he never threatened any one with trifling punishment.) But there were no rowers. What! are you accusing the praetor? Break his neck. If one is not allowed to name either the praetor, or the rival of the praetor, when the whole case turns on the conduct of these two men, what is to be done?

110. habebat hospes tuus Aristeus, Dexonis filius. ita? “classem.” ob praemium? “.” Cleomenes? “fuerat.” eum tu ob virtutem corona ante donaras. “nautas.” ab omnibus tu mercedem missionis acceperas. parens ex altera parte erat Herbitensis Eubulida, homo domi suae clarus et nobilis; qui quia Cleomenem in defendendo filio laeserat, nudus paene est destitutus. erat autem quod quisquam diceret aut defenderet? “Cleomenem nominare non licet.” causa cogit. “, si appellaris”; numquam enim iste cuiquam est mediocriter minatus. remiges non erant. “tu accuses? frange cervices.” neque praetorem neque praetoris aemulum appellari licebit, cum in his duobus tota causa sit, quid futurum est?

111. Heraclius of Segesta also pleads his cause; a man of the very noblest descent in his own city. Listen, O judges, as your humanity requires of you, for you will hear of great cruelties and injuries inflicted on the allies. Know then that the case of Heraclius was this:—that on account of a severe complaint in his eyes he had not gone to sea at all; but by his order who had the command, he had remained in his quarters at Syracuse. He certainly never betrayed the fleet; he did not run away in a fright; he did not desert the army; if he had, he might have been punished when the fleet was setting out from Syracuse. But he was in just the same condition as if he had been detected in some manifest crime; though no charge at all could be brought against him, not ever so falsely.

111. etiam causam Heracleus Segestanus, homo domi suae nobilissimo loco natus., ut vestra humanitas postulat, iudices; audietis enim de magnis incommodis iniuriisque sociorum. scitote fuisse Heracleum in ea causa, qui propter gravem morbum oculorum tum non navigarit, et iussu eius qui potestatem habuit in commeatu Syracusis remanserit! certe neque classem prodidit neque metu perterritus fugit neque exercitum deseruit; etenim tum esset hoc animadvertendum cum classis Syracusis proficiscebatur. tamen in eadem causa fuit, quasi esset in aliquo manifesto scelere deprehensus, in quem ne falsi quidem causa conferri criminis potuit.

112. Among these naval captains was a citizen of Heraclia, of the name of Junius, (for they have some Latin names of that sort,) a man, as long as he lived, illustrious in his own city, and after his death celebrated over all Sicily. In that man there was courage enough, not only to attack Verres, for that indeed, as he saw that he was sure to die, he was aware that he could do without any danger; but when his death was settled, while his mother was sitting in his prison, night and day weeping, he wrote out the defence which his cause required; and now there is no one in all Sicily who is not in possession of that defence, who does not read it, who is not constantly reminded by that oration, of your wickedness and cruelty. In it he states how many sailors he received from his city; how many Verres discharged, and for how much he discharged each of them; how many he had left. He makes similar statements with respect to the other ships and when he uttered these statements before you, he was scourged on the eyes. But when death was staring him in the face, he could easily endure pain of body; he cried out, what he has left also in writing, “That it was an infamous thing that the tears of an unchaste woman on behalf of the safety of Cleomenes should have more influence with you, than those of his mother for his life.”

112. in illis nauarchis Heracliensis quidam Furius,—nam habent illi non nulla huiusce modi Latina nomina,—homo, quam diu vixit, non domi suae solum, post mortem tota Sicilia clarus et nobilis. quo homine tantum animi fuit non solum ut istum libere laederet,—nam id quidem, quoniam moriundum videbat, sine periculo se facere intellegebat,—verum morte proposita, cum lacrimans in carcere mater noctes diesque adsideret, defensionem causae suae scripsit; quam nunc nemo est in Sicilia quin habeat, quin legat, quin tui sceleris et crudelitatis ex illa oratione commonefiat. qua docet quot a civitate sua nautas acceperit, quot et quanti quemque dimiserit, quot secum habuerit; item de ceteris navibus dicit; quae cum apud te diceret, virgis oculi verberabantur. morte proposita facile dolorem corporis patiebatur; clamabat, id quod scriptum reliquit, facinus esse indignum plus impudicissimae mulieris apud te de Cleomenis salute quam de sua vita lacrimas matris valere.

113. Afterwards I see that this also is stated, which, if the Roman people has formed a correct estimate of your characters, O judges, he, at the very hour of death, truly prophesied of you,—“That it was not possible for Verres to efface his own crimes by murdering the witnesses; that he, in the shades below, should be a still more serious witness against him, in the opinion of sensible judges, than if he were produced alive in a court of justice; for that then, if he were alive he would only be a witness to prove his avarice; but now, when he had been, put to death, he should be a witness of his wickedness, and audacity, and cruelty.” What follows is very fine,—“That, when your cause came to be tried, it would not be only the bands of witnesses, but the punishments inflicted on the innocent, and the furies that haunt the wicked, that would attend your trial; that he thought his own misfortune the lighter, because he had seen before now the edge of your axes, and the countenance and hand of Sextus your executioner, when in an assembly of Roman citizens, Roman citizens were publicly executed by your command.”

113. etiam illud video esse dictum quod, si recte vos populus Romanus cognovit, non falso ille de vobis iam in morte ipsa praedicavit, non posse Verrem testis interficiendo testimonium exstinguere; graviorem apud sapientis iudices se fore ab inferis testem quam si vivus in iudicium produceretur; tum avaritiae solum, si viveret, nunc, cum ita esset necatus, sceleris audaciae crudelitatis testem fore. illa praeclara: non testium modo catervas, cum tua res ageretur, sed ab dis manibus innocentium Poenas sceleratorumque Furias in tuum iudicium esse venturas; sese ideo leviorem suum casum fingere, quod iam ante aciem securium tuarum Sextique, tui carnificis, vultum et manum vidisset, cum in conventu civium Romanorum iussu tuo securi cives Romani ferirentur.

114. Not to dwell too long on this, Junius used most freely that liberty which you have given the allies, even at the moment of bitter punishment, such as was only fit for slaves. He condemns them all, with the approval of his assessors. And yet, in so important an affair, in a cause in which so many men and so many citizens were concerned, he neither sent for Publius Vettius, his quaestor, to take his advice; nor for Publius Cervius, an admirable man, his lieutenant, who, because he had been lieutenant in Sicily, while he was praetor was the first man rejected by him as a judge; but he condemns them all in conformity with the opinion expressed by a lot of robbers, that is, by his own retinue.

114. multa, iudices, libertate quam vos sociis dedistis, hac ille in acerbissimo supplicio miserrimae servitutis abusus est. omnis de consili sententia; tamen neque iste in tanta re tot hominum T. Vettium ad se arcessit, quaestorem suum, cuius consilio uteretur, neque P. Cervium, talem virum, legatum, qui quia legatus isto praetore in Sicilia fuit primus ab isto iudex reiectus est, sed de latronum, hoc est de comitum suorum sententia condemnat omnis.

115. On this all the Sicilians, our most faithful and most ancient allies, who have had the greatest kindnesses conferred on them by our ancestors, were greatly agitated, and alarmed at their own danger, and at the peril of all their fortunes. That that noted clemency and mildness of our dominion should have been changed into such cruelty and inhumanity! That so many men should be condemned at one time for no crime! That that infamous praetor should seek for a defence for his own robberies by the most shameful murder of innocent men! Nothing, O judges, appears possible to be added to such wickedness, insanity, and barbarity—and it is true that nothing can; for if it be compared with the iniquity of other men it will greatly surpass it all.

115. cuncti Siculi, fidelissimi atque antiquissimi socii, plurimis adfecti beneficiis a maioribus nostris, graviter commoventur et de suis periculis fortunisque omnibus pertimescunt: indigne ferunt illam clementiam mansuetudinemque nostri imperi in tantam crudelitatem inhumanitatemque esse conversam, condemnari tot homines uno tempore nullo crimine, defensionem suorum furtorum praetorem improbum ex indignissima morte innocentium quaerere. addi iam videtur, iudices, ad hanc improbitatem amentiam crudelitatemque posse, et recte nihil videtur. si cum aliorum improbitate certet, longe omnis multumque superabit;

116. But he is his own rival; his object is always to outdo his last crime by some new wickedness. I had said that Phalargus the Centuripan was made an exception by Cleomenes, because he had sailed in his quadrireme. Still because that young man was alarmed, as he saw that his case was identical with that of those men who had been put to death, though perfectly innocent; Timarchides came to him, and tells him that he is in no danger at all of being put to death, but warns him to take care lest he should be sentenced to be scourged. To make my story short, you heard the young man himself say, that because of his fear of being scourged he paid money to Timarchides.

116. sed secum cum ipse certat, id agit ut semper superius suum facinus novo scelere vincat. Phalacrum Centuripinum dixeram exceptum esse a Cleomene, quod in eius quadriremi Cleomenes vectus esset; tamen, quia pertimuerat adulescens, quod eandem suam causam videbat esse quam illorum qui innocentes peribant, accedit ad hominem Timarchides; a securi negat esse ei periculum, virgis ne caederetur monet ut caveat. multa, ipsum dicere adulescentem audistis se ob hunc metum pecuniam Timarchidi numerasse.

117. These are but light crimes in such a criminal as this. A naval captain of a most noble city ransoms himself from the danger of being scourged with a bribe—it was a human weakness. Another gave money to save himself from being condemned—it is a common thing. The Roman people does not wish Verres to be prosecuted on obsolete accusations; it demands new charges against him; it requires something which it has not heard before; it thinks that it is not a praetor of Sicily, but some most cruel tyrant that is being brought before the court. The condemned men are consigned to prison. They are sentenced to execution. Even the wretched parents of the naval captains are punished; they are prevented from visiting their sons; they are prevented from supplying their down children with food and raiment.

117. sunt haec in hoc reo. virgarum nauarchus, homo nobilissimus nobilissimae civitatis, pretio redemit: humanum est. Alius ne condemnaretur pecuniam dedit: usitatum est. vult populus Romanus obsoletis criminibus accusari Verrem, nova postulat, inaudita desiderat; non de praetore Siciliae, sed de nefario tyranno fieri iudicium arbitratur. in carcerem condemnati; supplicium constituitur in illos, sumitur de miseris parentibus nauarchorum; prohibentur adire ad filios, prohibentur liberis suis cibum vestitumque ferre.

118. These very fathers, whom you see here, lay on the threshold, and the wretched mothers spent their nights at the door of the prison, denied the parting embrace of their children, though they prayed for nothing but to be allowed to receive their son's dying breath. The porter of the prison, the executioner of the praetor, was there; the death and terror of both allies and citizens; the lictor Sextius, to whom every groan and every agony of every one was a certain gain—“To visit him, you must give so much; to be allowed to take him food into the prison, so much.” No one refused. “What now, what will you give me to put your son to death at one blow of my axe? to save him from longer torture? to spare him repeated blows? to take care that he shall give up the ghost without any sense of pain or torture?” Even for this object money was given to the lictor.

118. hi quos videtis iacebant in limine, matresque miserae pernoctabant ad ostium carceris ab extremo conspectu liberum exclusae; quae nihil aliud orabant nisi ut filiorum suorum postremum spiritum ore excipere liceret. ianitor carceris, carnifex praetoris, mors terrorque sociorum et civium Romanorum, lictor Sextius, cui ex omni gemitu doloreque certa merces comparabatur. “Vt adeas, tantum dabis, ut cibum tibi intro ferre liceat, tantum.” recusabat. “? ut uno ictu securis adferam mortem filio tuo, quid dabis? ne diu crucietur, ne saepius feriatur, ne cum sensu doloris aliquo spiritus auferatur?” ob hanc causam pecunia lictori dabatur.

119. Oh great and intolerable agony! oh terrible and bitter ill-fortune! Parents were compelled to purchase, not the life of their children, but a swiftness of execution for them. And the young men themselves also negotiated with Sextius about the same execution, and about that one blow; and at last, children entreated their parents to give money to the lictor for the sake of shortening their sufferings. Many and terrible sufferings have been invented for parents and relations; many—still death is the last of all. It shall not be. Is there any further advance that cruelty can make? One stall be found—for, when their children have been executed and slain, their bodies shall be exposed to wild beasts. If this is a miserable thing for a parent to endure, let him pay money for leave to bury him.

119. O magnum atque intolerandum dolorem! o gravem acerbamque fortunam! vitam liberum, sed mortis celeritatem pretio redimere cogebantur parentes. ipsi etiam adulescentes cum Sextio suo de plaga et de uno illo ictu loquebantur, idque postremum parentis suos liberi orabant, ut levandi cruciatus sui causa lictori pecunia daretur. et graves dolores inventi parentibus et propinquis, multi; verum tamen mors sit extremum. erit. aliquid ultra quo crudelitas progredi possit?; nam illorum, cum erunt securi percussi ac necati, corpora feris obicientur. si luctuosum est parentibus, redimant pretio sepeliendi potestatem.

120. You heard Onasus the Segestan, a man of noble birth, say that he had paid money to Timarchides for leave to bury the naval captain, Heraclius. And this (that you may not be able to say, “Yes, the fathers come, angry at the loss of their sons,”) is stated by a man of the highest consideration, a man of the noblest birth; and he does not state it with respect to any son of his own. And as to this, who was there at Syracuse at that time, who did not hear, and who does not know that these bargains for permission to bury were made with Timarchides by the living relations of those who had been put to death? Did they not speak openly with Timarchides? Were not all the relations of all the men present? Were not the funerals of living men openly bargained for? And then, when all those matters were settled and arranged, the men are brought out of prison and tied to the stake.

120. Onasum Segestanum, hominem nobilem, dicere audistis se ob sepulturam Heraclei nauarchi pecuniam Timarchidi numerasse; ne hoc possis dicere, “enim veniunt amissis filiis irati,” vir primarius, homo nobilissimus, dicit, neque de filio dicit. hoc quis tum fuit Syracusis quin audierit, quin sciat, has Timarchidi pactiones sepulturae cum vivis etiam illis esse factas? palam cum Timarchide loquebantur, non omnes omnium propinqui adhibebantur, non palam vivorum funera locabantur? omnibus rebus actis atque decisis producuntur e carcere, deligantur.

121. Who at that time was so cruel and hard-hearted, who was so inhuman, except you alone, as not to be moved by their youth, their high birth, and their misfortunes? Who was there who did not weep? who did not feel their calamity, as if he thought that it weep; not the fortune of others alone, but the common safety of all that was at stake? They are executed. You rejoice and triumph at the universal misery; you are delighted that the witnesses of your avarice are put out of the way: you were mistaken, O Verres, you were greatly mistaken, when you thought that you could wash out the stains of your thefts and iniquities in the blood of our innocent allies. You were borne on headlong in your frenzy, when you thought that you could heal the wounds of your avarice by applying remedies of inhumanity. In truth, although those who were the witnesses of your wickedness are dead, yet their relations are wanting neither to you nor to them; yet, out of this very body of naval captains some are alive, and are present here; whom, as it seems to me, fortune saved out of that punishment of innocent men.

121. tam fuit illo tempore ferreus, quis tam inhumanus praeter unum te, qui non illorum aetate nobilitate miseria commoveretur? fuit quin lacrimaret, quin ita calamitatem illam putaret illorum ut fortunam tamen non alienam, periculum autem commune arbitraretur? securi. tu in omnium gemitu et triumphas; testis avaritiae tuae gaudes esse sublatos., Verres, et vehementer errabas, cum te maculas furtorum et flagitiorum tuorum sociorum innocentium sanguine eluere arbitrabare; praeceps amentia ferebare, qui te existimares avaritiae vulnera crudelitatis remediis posse sanare. quamquam illi sunt mortui sceleris tui testes, tamen eorum propinqui neque tibi neque illis desunt, tamen ex ipso illo numero nauarchorum aliqui vivunt et adsunt, quos, ut mihi videtur, ad illorum innocentium poenas fortuna et ad hanc causam reservavit.

122. For this trial Philarchus the Haluntian is present, who, because be did not flee with Cleomenes, was overwhelmed by the pirates, and taken prisoner; whose misfortune was his safety, who, if he had not been taken prisoner by the pirates, would have fallen into to power of this partner of pirates. He will give his evidence, concerning the discharge of the sailors, the want of provisions, and the flight of Cleomenes. Phalargus the Centuripan is present, born in a most honourable city, and in a most honourable rank. He tells you the same thing; he differs from the other in no particular.

122. Haluntinus, qui quia cum Cleomene non fugit, oppressus a praedonibus et captus est; cui calamitas saluti fuit, qui nisi captus a piratis esset in hunc praedonem sociorum incidisset. is pro testimonio de missione nautarum, de fame, de Cleomenis fuga. Centuripinus Phalacrus in amplissima civitate amplissimo loco natus; eadem dicit, nulla in re discrepat.

123. In the name of the immortal gods, O judges, with what feelings are you sitting them? or with what feelings are you hearing these things? Am I out of my mind, and now I grieving more than I ought amid such disasters and distresses of our allies? or does this most bitter torture and agony of innocent man affect you also with an equal sense of pain? For when I say that a Herbitan, that a Heraclean was put to death, I see before my eyes all the indignity of that misfortune. That the citizens of those states, that the population of those lands, by whom and by whose care and labour an immense quantity of corn is procured every year for the Roman people, who were brought up and educated by their parents in the hope of our paternal rule, and of justice, should have been reserved for the nefarious inhumanity of Caius Verres, and for his fatal axe!

123. deos immortalis! quo tandem animo sedetis, iudices, aut haec quem ad modum auditis? Vtrum ego desipio et plus quam satis est doleo tanta calamitate miseriaque sociorum, an vos quoque hic acerbissimus innocentium cruciatus et maeror pari sensu doloris adficit? enim cum Herbitensem, cum Heracliensem securi percussum esse dico, versatur mihi ante oculos indignitas calamitatis. Eorumne populorum civis, eorum agrorum alumnos, ex quibus maxima vis frumenti quotannis plebi Romanae illorum operis ac laboribus quaeritur, qui a parentibus spe nostri imperi nostraeque aequitatis suscepti educatique sunt, ad C. Verris nefariam immanitatem et ad eius funestam securem esse servatos?

124. When the thought of that unhappy Tyndaritan, and of that Segestan, comes across me, then I consider at the same time the rights of the cities, and their duties. Those cities which Publius Africanus thought fit to be adorned with the spoils of the enemy, those Caius Verres has stripped, not only of those ornaments, but even of their noblest citizens, by the most abominable wickedness. See what the people of Tyndaris will willingly state. “We were not among the seventeen tribes of Sicily. We, in all the Punic and Sicilian wars, always adhered to the friendship and alliance of the Roman people; all possible aid in war, all attention and service in peace, has been at all times rendered by us to the Roman people.” Much, however, did their rights avail them, under that man's authority and government!

124. mihi Tyndaritani illius venit in mentem, cum Segestani, tum iura simul civitatum atque officia considero. urbis P. Africanus etiam ornandas esse spoliis hostium arbitratus est, eas C. Verres non solum illis ornamentis sed etiam viris nobilissimis nefario scelere privavit. quod Tyndaritani libenter praedicent: “in septemdecim populis Siciliae numeramur, nos semper omnibus Punicis Siciliensibusque bellis amicitiam fidemque populi Romani secuti sumus, a nobis omnia populo Romano semper et belli adiumenta et pacis ornamenta ministrata sunt.” vero haec iis iura profuerunt in istius imperio ac potestate!

125. Scipio once led your sailors against Carthage; but now Cleomenes leads ships that are almost dismantled against pirates. “Africanus,” says he, “shared with you the spoils of the enemy, and the reward of glory; but now, you, having been plundered by me, having had your vessel taken away by the pirates, are considered in the number and class of enemies.” What more shall I say? what advantages did that relationship of the Segestans to us, not only stated in old papers, and commemorated by words, but adopted and proved by many good offices of theirs towards us, bring to them under the government of that man? Just this much, O judges, that a young man of the highest rank was torn from his father's bosom, an innocent son from his mother's embrace, and given to that man's executioner, Sextius. That city to which our ancestors gave most extensive and valuable lands, which they exempted from tribute; the city, with all the weight of its relationship to us, of its loyalty, and of its ancient alliance with us, could not obtain even this privilege, of being allowed to avert by its prayers the death and execution of one most honourable and most innocent citizen.

125. quondam nautas contra Carthaginem Scipio duxit, at nunc navem contra praedones paene inanem Cleomenes ducit; vobiscum Africanus hostium spolia et praemia laudis communicavit, at nunc, per Verrem spoliati, nave a praedonibus abducta, ipsi in hostium loco numeroque ducimini. vero? illa Segestanorum non solum litteris tradita neque commemorata verbis, sed multis officiis illorum usurpata et comprobata cognatio quos tandem fructus huiusce necessitudinis in istius imperio tulit? hoc iure fuit, iudices, ut ex sinu patriae nobilissimus adulescens istius carnifici Sextio dederetur. civitati maiores nostri maximos agros atque optimos concesserunt, quam immunem esse voluerunt, haec apud te cognationis fidelitatis vetustatis auctoritatis ne hoc quidem iuris obtinuit, ut unius honestissimi atque innocentissimi civis mortem ac sanguinem deprecaretur.

126. Whither shall the allies flee for refuge? Whose help shall they implore? by what hope shall they still be retained in the desire to live, if you abandon them? Shall they come to the senate and beg them to punish Verres? That is not a usual course; it is not in accordance with the duty of the senate. Shall they betake themselves to the Roman people? The people will easily find all excuse; for they will say that they have established a law for the sake of the allies, and that they have appointed you as guardians and vindicators of that law. This then is the only place to which they can flee; this is the harbour, this is the citadel, this is the altar of the allies; to which indeed they do not at present betake themselves with the same views as they formerly used to entertain in seeking to recover their property. They are not seeking to recover silver, nor gold, nor robes, nor slaves, nor ornaments which have been carried off from their cities and their temples;—they fear, like ignorant men, that the Roman people now allows such things and permits them to be done. For we have now for many years been suffering; and we are silent when we see that all the money of all the nations has come into the hands of a few men; which we seem to tolerate and to permit with the more equanimity, because none of these robbers conceals what he is doing; none of them take the least trouble to keep their covetousness in any obscurity.

126. confugient socii? quem implorabunt? qua spe denique, ut vivere velint, tenebuntur, si vos eos deseretis? senatumne venient?? ut de Verre supplicium sumat? est usitatum, non senatorium. populum Romanum confugient? est populi causa; legem enim se sociorum causa iussisse et eius legis custodes ac vindices praeposuisse dicet. locus igitur est unus quo perfugiant, hic portus, haec arx, haec ara sociorum; quo quidem nunc non ita confugiunt ut antea in suis repetundis rebus solebant. argentum, non aurum, non vestem, non mancipia repetunt, non ornamenta quae ex urbibus fanisque erepta sunt; metuunt homines imperiti ne iam haec populus Romanus concedat et ita velit fieri. enim multos iam annos et silemus, cum videamus ad paucos homines omnis omnium nationum pecunias pervenisse. eo magis ferre animo aequo et concedere videmur, quia nemo istorum dissimulat, nemo laborat ut obscura sua cupiditas esse videatur.

127. In our most beautiful and highly decorated city what statue, or what painting is there, which has not been taken and brought away from conquered enemies? But the villas of those men are adorned and filled with numerous and most beautiful spoils of our most faithful allies. Where do you think is the wealth of foreign nations, which they are all now deprived of, when you see Athens, Pergamos, Cyzicus, Miletus, Chios, Samos, all Asia in short, and Achaia, and Greece, and Sicily, now all contained in a few villas? But all these things, as I was saying, your allies abandon and are indifferent to now. They took care by their own services and loyalty not to be deprived of their property by the public authority of the Roman people; though they were unable to resist the covetousness of a few individuals, yet they could in some degree satiate it; but now not only as all their power of resisting taken away, but also all their means also of supplying such demands. Therefore they do not care about their property; they do not seek to recover their money, though that is nominally the subject of this prosecution; that they abandon and are indifferent to;—in this dress in which you see them they now fly to you.

127. urbe nostra pulcherrima atque ornatissima quod signum, quae tabula picta est quae non ab hostibus victis capta atque deportata sit? at istorum villae sociorum fidelissimorum plurimis et pulcherrimis spoliis ornatae refertaeque sunt. Vbi pecunias exterarum nationum esse arbitramini, quae nunc omnes egent, cum Athenas, Pergamum, Cyzicum, Miletum, Chium, Samum. totam denique Asiam, Achaiam, Graeciam, Siciliam tam in paucis villis inclusas esse videatis? haec, ut dico, omnia iam socii vestri relinquunt et neglegunt, iudices. publice a populo Romano spoliarentur officiis ac fide providerunt; paucorum cupiditati tum, cum obsistere non poterant, tamen sufficere aliquo modo poterant; nunc vero iam adempta est non modo resistendi verum etiam suppeditandi facultas. res suas neglegunt; pecunias, quo nomine iudicium hoc appellatur, non repetunt, relinquunt; hoc iam ornatu ad vos confugiunt.

128. Behold, behold, O judges, the miserable and squalid condition of our allies. Sthenius, the Thermitan, whom you see here, with this uncombed hair and mourning robe, though his whole house has been stripped of everything, makes no mention of your robberies, O Verres; he claims to recover his own safety from you, nothing more. For you, by your lust and wickedness, have removed him entirely from his country, in which he flourished as a leading man, illustrious for his many virtues and distinguished services. This man Dexio, whom you see now present, demands of you, not the public treasures of which you stripped Tyndaris, nor the wealth of which you robbed him as a private individual, but, wretched that he is, he demands of you his most virtuous, his most innocent, his only son. He does not want to carry back home a sum of money obtained from you as damages, but he seeks out of your calamity some consolation for the ashes and bones of his son. This other man here, the aged Eubulida, has not, at the close of life, undertaken such fatigue and so long a journey, to recover any of his property, but to see you condemned with the same eyes that beheld the bleeding neck of his own son.

128. , aspicite, iudices, squalorem sordisque sociorum! Sthenius hic Thermitanus cum hoc capillo atque veste, domo sua tota expilata, mentionem tuorum furtorum non facit; sese ipsum abs te repetit, nihil amplius; totum enim tua libidine et scelere ex sua patria, in qua multis virtutibus ac beneficiis princeps fuit, sustulisti. Dexo hic, quem videtis, non quae publice Tyndaride, non quae privatim sibi eripuisti, sed unicum miser abs te filium optimum atque innocentissimum flagitat; non ex litibus aestimatis tuis pecuniam domum, sed ex tua calamitate cineri atque ossibus fili sui solacium vult aliquod reportare. tam grandis natu Eubulida hoc tantum exacta aetate laboris itinerisque suscepit, non ut aliquid de suis bonis recuperaret, sed ut, quibus oculis cruentas cervices fili sui viderat, isdem te condemnatum videret.