--- title: "Against Verres · In Verrem" author: "Cicero" translator: "Charles Duke Yonge" languages: [la, en] shelf: "Classical Latin" section: 3 of 31 url: https://scriptura.si/works/cicero-in-verrem/3/ cite: "Cicero, tr. Charles Duke Yonge, Against Verres · In Verrem, section 3. Scriptura (scriptura.si), https://scriptura.si/works/cicero-in-verrem/3/" --- # Against Verres · In Verrem *Cicero, tr. Charles Duke Yonge* Cicero prosecutes the governor who plundered Sicily for three years: the first speech won the case, the five books of the second show Verres’ crimes one by one. > Latin: ed. William Peterson, from the Perseus Digital Library (canonical-latinLit, phi0474.phi005, CC BY-SA 4.0). > English: Charles Duke Yonge, from the Perseus Digital Library (phi0474.phi005.perseus-eng2). Notes are not included. > Rows follow the references the two texts share (books, chapters and sections), cut where both reach the end of a sentence. ## 3. Actio Secunda · Book I · sections 2–34 Source: https://scriptura.si/works/cicero-in-verrem/3/ · cite a paragraph as https://scriptura.si/works/cicero-in-verrem/3/#p-N [¶0] 2. But he is the same Verres that he always was; as he was abandoned enough to dare, so he is hardened enough to listen to anything. He is present; he replies to us; he makes his defence. He does not even leave himself this much of character, to be supposed, by being silent and keeping out of the way when he is so visibly convicted of the most infamous conduct, to have sought for a modest escape for his impudence. I can endure this, O judges, and I am not vexed that I am to receive the reward of my labours, and you the reward of your virtue. For if he had done what he at first determined to, that is, had not appeared, it would have been somewhat less known than is desirable for me what pains I had taken in preparing and arranging this prosecution: and your praise, O judges, would have been exceedingly slight and little heard of. > Latin: 2. idem Verres qui fuit semper, ut ad audendum proiectus, sic paratus ad audiendum. est, respondet, defenditur; ne hoc quidem sibi reliqui facit ut, in rebus turpissimis cum manifesto teneatur, si reticeat et absit, tamen impudentiae suae pudentem exitum quaesisse videatur., iudices, et non moleste fero me laboris mei, vos virtutis vestrae fructum esse laturos. si iste id fecisset quod prius statuerat, ut non adesset, minus aliquanto quam mihi opus esset cognosceretur quid ego in hac accusatione comparanda constituendaque elaborassem; vestra vero laus tenuis plane atque obscura, iudices, esset. [¶1] 3. For this is not what the Roman people is expecting from you, nor what it can be contented with,—namely, for a man to be condemned who refuses to appear, and for you to act with resolution in the case of a man whom nobody has dared to defend. Aye, let him appear, let him reply; let him be defended with the utmost influence and the utmost zeal of the most powerful men, let my diligence have to contend with the covetousness of all of them, your integrity with his riches, the consistency of the witnesses with the threats and power of his patrons. Then indeed those things will be seen to be overcome when they have come to the contest and to the struggle. But if he had been condemned in his absence, he would have appeared not so much to have consulted his own advantage as to have grudged you your credit. > Latin: 3. hoc a vobis populus Romanus exspectat neque eo potest esse contentus, si condemnatus sit is qui adesse noluerit, et si fortes fueritis in eo quem nemo sit ausus defendere. vero adsit, respondeat; summis opibus, summo studio potentissimorum hominum defendatur; certet mea diligentia cum illorum omnium cupiditate, vestra integritas cum illius pecunia, testium constantia cum illius patronorum minis atque potentia: tum demum illa omnia victa videbuntur cum in contentionem certamenque venerint. si esset iste damnatus, non tam sibi consuluisse quam invidisse vestrae laudi videretur. [¶2] 4. For neither can there be any greater safety for the republic imagined at this time, than for the Roman people to understand that, if all unworthy judges are carefully rejected by the accusers, the allies, the laws, and the republic can be thoroughly defended by a bench of judges chosen from the senators; nor can any such injury to the fortunes of all happen, as for all regard for truth, for integrity, for good faith, and for religion to be, in the opinion of the Roman people, cast aside by the senatorial body. > Latin: 4. enim salus ulla rei publicae maior hoc tempore reperiri potest quam populum Romanum intellegere, diligenter reiectis ab accusatore iudicibus, socios, leges, rem publicam senatorio consilio maxime posse defendi; neque tanta fortunis omnium pernicies ulla potest accedere quam opinione populi Romani rationem veritatis, integritatis, fidei, religionis ab hoc ordine abiudicari. [¶3] 5. And therefore, I seem to myself, O judges, to have undertaken to uphold an important, and very failing, and almost neglected part of the republic, and by so doing to be acting not more for the benefit of my own reputation than of yours. For I have come forward to diminish the unpopularity of the courts of justice, and to remove the reproaches which are levelled at them; in order that, when this cause has been decided according to the wish of the Roman people, the authority of the courts of justice may appear to have been re-established in some degree by my diligence; and in order that this matter may be so decided that an end may be put at length to the controversy about the tribunals; > Latin: 5. mihi videor [iudices] magnam et maxime aegram et prope depositam rei publicae partem suscepisse, neque in eo magis meae quam vestrae laudi existimationique servisse. enim ad invidiam iudiciorum levandam vituperationemque tollendam, ut, cum haec res pro voluntate populi Romani esset iudicata, aliqua ex parte mea diligentia constituta auctoritas iudiciorum videretur, si esset hoc iudicatum, ut finis aliquando iudiciariae controversiae constitueretur. [¶4] 6. and, indeed, beyond all question, O judges, that matter depends on your decision in this cause. For the criminal is most guilty. And if he be condemned, men will cease to say that money is all powerful with the present tribunal; but if he be acquitted we shall cease to be able to make any objection to transferring the tribunal to another body. Although that fellow has not in reality any hope, nor the Roman people any fear of his acquittal, there are some men who do marvel at his singular impudence in being present, in replying to the accusations brought against him; but to me even this does not appear marvellous in comparison with his other actions of audacity and madness. For he has done many impious and nefarious actions both against gods and men; by the punishment for which crimes he is now disquieted and driven out of his mind and out of his senses. > Latin: 6. sine dubio, iudices, in hac causa ea res in discrimen adducitur. est enim nocentissimus; qui si condemnatur, desinent homines dicere his iudiciis pecuniam plurimum posse; sin absolvitur, desinemus nos de iudiciis transferendis recusare. de absolutione istius neque ipse iam sperat nec populus Romanus metuit: de impudentia singulari, quod adest, quod respondet, sunt qui mirentur. pro cetera eius audacia atque amentia ne hoc quidem mirandum videtur; multa enim et in deos et in homines impie nefarieque commisit, quorum scelerum poenis agitatur et a mente consilioque deducitur. [¶5] 7. The punishments of Roman citizens are driving him mad, some of whom he has delivered to the executioner, others he has put to death in prison, others he has crucified while demanding their rights as freemen and as Roman citizens. The gods of his fathers are hurrying him away to punishment, because he alone has been found to lead to execution sons torn from the embraces of their fathers, and to demand of parents payment for leave to bury their sons. The reverence due to, and the holy ceremonies practiced in, every shrine and every temple—but all violated by him; and the images of the gods, which have not only been taken away from their temples, but which are even lying in darkness, having been cast aside and thrown away by him—do not allow his mind to rest free from frenzy and madness. > Latin: 7. eum praecipitem poenae civium Romanorum, quos partim securi percussit, partim in vinculis necavit, partim implorantis iura libertatis et civitatis in crucem sustulit. eum ad supplicium di patrii, quod iste inventus est qui e complexu parentum abreptos filios ad necem duceret, et parentis pretium pro sepultura liberum posceret. vero caerimoniaeque omnium sacrorum fanorumque violatae, simulacraque deorum, quae non modo ex suis templis ablata sunt sed etiam iacent in tenebris ab isto retrusa atque abdita, consistere eius animum sine furore atque amentia non sinunt. [¶6] 8. Nor does he appear to me merely to offer himself to condemnation, nor to be content with the common punishment of avarice, when he has involved himself in so many atrocities; his savage and monstrous nature wishes for some extraordinary punishment. It is not alone demanded that, by his condemnation, their property may be restored to those from whom it has been taken away; but the insults offered to the religion of the immortal gods must be expiated, and the tortures of Roman citizens, and the blood of many innocent men, must be atoned for by that man's punishment. > Latin: 8. iste mihi videtur se ad damnationem solum offerre, neque hoc avaritiae supplicio communi, qui se tot sceleribus obstrinxerit, contentus esse: singularem quandam poenam istius immanis atque importuna natura desiderat. id solum quaeritur ut isto damnato bona restituantur iis quibus erepta sunt, sed et religiones deorum immortalium expiandae et civium Romanorum cruciatus multorumque innocentium sanguis istius supplicio luendus est. [¶7] 9. For we have brought before your tribunal not only a thief, but a wholesale robber; not only an adulterer, but a ravisher of chastity; not only a sacrilegious man, but an open enemy to all sacred things and all religion; not only an assassin, but a most barbarous murderer of both citizens and allies; so that I think him the only criminal in the memory of man so atrocious, that it is even for his own good to be condemned. For who is there who does not see this, that though he be acquitted, against the will of gods and men, yet that he cannot possibly be taken out of the hands of the Roman people? Who does not see that it would be an excellent thing for us in that case, if the Roman people were content with the punishment of that one criminal alone, and did not decide that he had not committed any greater wickedness against them when he plundered temples, when he murdered so many innocent men, when he destroyed Roman citizens by execution, by torture, by the cross,—when he released leaders of banditti for bribes,—than they, who, when on their oaths, acquitted a man covered with so many, with such enormous, with such unspeakable wickednesses? > Latin: 9. enim furem sed ereptorem, non adulterum sed expugnatorem pudicitiae, non sacrilegum sed hostem sacrorum religionumque, non sicarium sed crudelissimum carnificem civium sociorumque in vestrum iudicium adduximus, ut ego hunc unum eius modi reum post hominum memoriam fuisse arbitrer cui damnari expediret. quis hoc non intellegit, istum absolutum dis hominibusque invitis tamen ex manibus populi Romani eripi nullo modo posse? hoc non perspicit, praeclare nobiscum actum iri si populus Romanus istius unius supplicio contentus fuerit, ac non sic statuerit, non istum maius in sese scelus concepisse,—cum fana spoliarit, cum tot homines innocentis necarit, cum civis Romanos morte, cruciatu, cruce adfecerit, cum praedonum duces accepta pecunia dimiserit,—quam eos, si qui istum tot tantis tam nefariis sceleribus coopertum iurati sententia sua liberarint? [¶8] 10. There is, there is, O judges, no room for any one to err in respect of this man. He is not such a criminal, this is not such a time, this is not such a tribunal, (I fear to seem to say anything too arrogant before such men,) even the advocate is not such a man, that a criminal so guilty, so abandoned, so plainly convicted, can be either stealthily or openly snatched out of his hands with impunity. When such men as these are judges, shall I not be able to prove that Caius Verres has taken bribes contrary to the laws? Will such men venture to assert that they have not believed so many senators, so many Roman knights, so many cities, so many men of the highest honour from so illustrious a province, so many letters of whole nations and of private individuals? that they have resisted so general a wish of the Roman people? > Latin: 10. est, non est in hoc homine cuiquam peccandi locus, iudices; non is est reus, non id tempus, non id consilium, (metuo ne quid adrogantius apud talis viros videar dicere), ne actor quidem est is cui reus tam nocens, tam perditus, tam convictus aut occulte subripi aut impune eripi possit. ego iudicibus non probabo C. Verrem contra leges pecuniam cepisse? tales viri se tot senatoribus, tot equitibus Romanis, tot civitatibus, tot hominibus honestissimis ex tam inlustri provincia, tot populorum privatorumque litteris non credidisse, tantae populi Romani voluntati restitisse? [¶9] 11. Let them venture. We will find, if we are able to bring that fellow alive before another tribunal, men to whom we can prove that he in his quaestorship embezzled the public money which was given to Cnaeus Carbo the consul; men whom we can persuade that he got money under false pretences from the quaestors of the city, as you have learnt in my former pleadings. There will be some men, too, who will blame his boldness in having released some of the contractors from supplying the corn due to the public, when they could make it for his own interest. There will even, perhaps, be some men who will think that robbery of his most especially to be punished, when he did not hesitate to carry off out of the most holy temples and out of the cities of our allies and friends, the monuments of Marcus Marcellus and of Publius Africanus, which in name indeed belonged to them, but in reality both belonged and were always considered to belong to the Roman people. > Latin: 11. : reperiemus, si istum vivum ad aliud iudicium perducere poterimus, quibus probemus istum in quaestura pecuniam publicam Cn. Carboni consuli datam avertisse, quibus persuadeamus istum alieno nomine a quaestoribus urbanis, quod priore actione didicistis, pecuniam abstulisse; erunt qui et in eo quoque audaciam eius reprehendant, quod aliquot nominibus de capite quantum commodum fuerit frumenti decumani detraxerit; erunt etiam fortasse, iudices, qui illum eius peculatum vel 5 acerrime vindicandum putent, quod iste M. Marcelli et P. Africani monumenta, quae nomine illorum, re vera populi Romani et erant et habebantur, ex fanis religiosissimis et ex urbibus sociorum atque amicorum non dubitarit auferre. [¶10] 12. Suppose he has escaped from the court about peculation. Let him think of the generals of the enemy, for whose release he has accepted bribes; let him consider what answer he can make about those men whom he has left in his own house to substitute in their places; let him consider not only how he can get over our accusation, but also how he can remedy his own confession. Let him recollect that, in the former pleadings, being excited by the adverse and hostile shouts of the Roman people, he confessed that he had not caused the leaders of the pirates to be executed; and that he was afraid even then that it would be imputed to him that he had released them for money. Let him confess that, which cannot be denied, that he, as a private individual, kept the leaders of the pirates alive and unhurt in his own house, after he had returned to Rome, as long as he could do so for me. If in the case of such a prosecution for treason it was lawful for him to do so, I will admit that it was proper. Suppose he escapes from this accusation also; I will proceed to that point to which the Roman people has long been inviting me. > Latin: 12. ex peculatus etiam iudicio: meditetur de ducibus hostium quos accepta pecunia liberavit, videat quid de illis respondeat quos in eorum locum subditos domi suae reservavit, quaerat non solum quem ad modum nostro crimini, verum etiam quo pacto suae confessioni possit mederi, meminerit se priore actione, clamore populi Romani infesto atque inimico excitatum, confessum esse duces praedonum a se securi non esse percussos, se iam tum esse veritum ne sibi crimini daretur eos ab se pecunia liberatos; fateatur, id quod negari non potest, se privatum hominem praedonum duces vivos atque incolumis domi suae, posteaquam Romam redierit, usque dum per me licuerit retinuisse. in illo maiestatis iudicio si licuisse sibi ostenderit, ego oportuisse concedam. hoc quoque evaserit: proficiscar eo quo me iam pridem vocat populus Romanus; [¶11] 13. For it thinks that the decision concerning the rights to freedom and to citizenship belong to itself; and it thinks rightly. Let that fellow, forsooth, break down with his evidence the intentions of the senators—let him force his way through the questions of all men—let him make his escape from your severity; believe me, he will be held by much tighter chains in the hands of the Roman people. The Roman people will give credit to those Roman knights who, when they were produced as witnesses before you originally, said that a Roman citizen, one who was offering honourable men as his bail, was crucified by him in their sight. > Latin: 13. de iure enim libertatis et civitatis suum putat esse iudicium, et recte putat. iste sane vi sua consilia senatoria, quaestiones omnium perrumpat, evolet ex vestra severitate: mihi credite, artioribus apud populum Romanum laqueis tenebitur. his equitibus Romanis populus Romanus qui ad vos ante producti testes ipsis inspectantibus ab isto civem Romanum, qui cognitores homines honestos daret, sublatum esse in crucem dixerunt; [¶12] 14. The whole of the thirty-five tribes will believe a most honourable and accomplished man, Marcus Annius, who said, that when he was present, a Roman citizen perished by the hand of the executioner. That most admirable man Lucius Flavius, a Roman knight, will be listened to by the Roman people, who gave in evidence that his intimate friend Herennius, a merchant from Africa, though more than a hundred Roman citizens at Syracuse knew him, and defended him in tears, was put to death by the executioner. Lucius Suetius, a man endowed with every accomplishment, speaks to them with an honesty and authority and conscientious veracity which they must trust; and he said on his oath before you that many Roman citizens had been most cruelly put to death, with every circumstance of violence, in his stone-quarries. When I am conducting this cause for the sake of the Roman people from this rostrum, I have no fear that either any violence can be able to save him from the votes of the Roman people, or that any labour undertaken by me in my aedileship can be considered more honourable or more acceptable by the Roman people. > Latin: 14. credent omnes v et xxx tribus homini gravissimo atque ornatissimo, M. Annio, qui se praesente civem Romanum securi percussum esse dixit; audietur a populo Romano vir primarius, eques Romanus, L. Flavius, qui suum familiarem Herennium, negotiatorem ex Africa, cum eum Syracusis amplius centum cives Romani cognoscerent lacrimantesque defenderent, pro testimonio dixit securi esse percussum; pro o babit fidem et auctoritatem et religionem suam L. Suettius, homo omnibus ornamentis praeditus, qui iuratus apud vos dixit multos civis Romanos in lautumiis istius imperio crudelissime per vim morte esse multatos. ego causam cum agam beneficio populi Romani de loco superiore, non vereor ne aut istum vis ulla ex populi Romani suffragiis eripere, aut a me ullum munus aedilitatis amplius aut gratius populo Romano esse possit. [¶13] 15. Let, therefore, every one at this trial attempt everything. There is no mistake now which any one can make in this cause, O judges, which will not be made at your risk. My own line of conduct, as it is already known to you in what is past, is also provided for, and resolved on, in what is to come. I displayed my zeal for the republic at that time, when, after a long interval, I reintroduced the old custom, and at the request of the allies and friends of the Roman people, who were, however, my own most intimate connections, prosecuted a most audacious man. And this action of mine most virtuous and accomplished men (in which number many of you were) approved of to such a degree, that they refused the man who had been his quaestor, and who, having been offended by him, wished to prosecute his own quarrel against him, leave not only to prosecute the man himself, but even back the accusation against him, when he himself begged to do so. > Latin: 15. omnes in hoc iudicio conentur omnia; nihil est iam quod in hac causa peccare quisquam, iudices, nisi vestro periculo possit. quidem ratio cum in praeteritis rebus est cognita, tum in reliquis explorata atque provisa est. meum studium in rem publicam iam illo tempore ostendi cum longo intervallo veterem consuetudinem rettuli, et rogatu sociorum atque amicorum populi Romani, meorum autem necessariorum, nomen hominis audacissimi detuli. meum factum lectissimi viri atque ornatissimi, quo in numero e vobis complures fuerunt, ita probaverunt ut ei qui istius quaestor fuisset, et ab isto laesus inimicitias iustas persequeretur, non modo deferendi nominis, sed ne subscribendi quidem, cum id postularet, facerent potestatem. [¶14] 16. I went into Sicily for the sake of inquiring into the business, in which occupation the celerity of my return showed my industry; the multitude of documents and witnesses which I brought with me declared my diligence; and I further showed my moderation and scrupulousness, in that when I had arrived as a senator among the allies of the Roman people, having been quaestor in that province, I, though the defender of the common cause of them all, lodged rather with my own hereditary friends and connections, than those who had sought that assistance from me. My arrival was no trouble nor expense to any one, either publicly or privately. I used in the inquiry just as much power as the law gave me, not as much as I might have had through the zeal of those men whom that fellow had oppressed. > Latin: 16. Siciliam sum inquirendi causa profectus; quo in negotio industriam meam celeritas reditionis, diligentiam multitudo litterarum et testium declaravit, pudorem vero ac religionem quod, cum venissem senator ad socios populi Romani, qui in ea provincia quaestor fuissem, ad hospites meos ac necessarios causae communis defensor deverti potius quam ad eos qui a me auxilium petivissent. meus adventus labori aut sumptui neque publice neque privatim fuit: vim in inquirendo tantam habui quantam mihi lex dabat, non quantam habere poteram istorum studio quos iste vexarat. [¶15] 17. When I returned to Rome from Sicily, when he and his friends, luxurious and polite men, had disseminated reports of this sort, in order to blunt the inclinations of the witnesses,—such as that I had been seduced by a great bribe from proceeding with a genuine prosecution; although it did not seem probable to any one, because the witnesses from Sicily were men who had known me as a quaestor in the province; and as the witnesses from Rome were men of the highest character, who knew every one of us thoroughly, just as they themselves are known; still I had some apprehension lest any one should have a doubt of my good faith and integrity, till we came to striking out the objectionable judges. I knew that in selecting the judges, some men, even within my own recollection, had not avoided the suspicion of a good understanding with the opposite party, though their industry and diligence was being proved actually in the prosecution of them. > Latin: 17. Romam ut ex Sicilia redii, cum iste atque istius amici, homines lauti et urbani, sermones eius modi dissipassent, quo animos testium retardarent, me magna pecunia a vera accusatione esse deductum, tametsi probabatur nemini, quod et ex Sicilia testes erant ii qui quaestorem me in provincia cognoverant, et hinc homines maxime inlustres, qui, ut ipsi noti sunt, sic nostrum unum quemque optime norunt, tamen usque eo timui ne quis de mea fide atque integritate dubitaret donec ad reiciundos iudices venimus. in reiciundis iudicibus non nullos memoria nostra pactionis suspicionem non vitasse, cum in ipsa accusatione eorum industria ac diligentia probaretur. [¶16] 18. I objected to objectionable judges in such a way that this is plain,—that since the republic has had that constitution which we now enjoy, no tribunal has ever existed of similar renown and dignity. And this credit that fellow says that he shares in common with me; since when he rejected Publius Galba as judge, he retained Marcus Lucretius; and when, upon this, his patron asked him why he had allowed his most intimate friends Sextus Paeduceus, Quintus Considius, and Quintus Junius, to be objected to, he answered, because he knew them to be too much attached to their own ideas and opinions in coming to a decision. > Latin: 18. reieci iudices ut hoc constet, post hunc statum rei publicae quo nunc utimur simili splendore et dignitate consilium nullum fuisse. iste laudem communem sibi ait esse mecum; qui cum P. Galbam iudicem reiecisset, M. Lucretium retinuit, et cum eius patronus ex eo quaereret cur suos familiarissimos, Sex. Peducaeum, Q. Considium, Q. Iunium reici passus esset, respondit “quod eos in iudicando nimium sui iuris sententiaeque cognosset”. [¶17] 19. And so when the business of objecting to the judges was over, I hoped that you and I had now one common task before us. I thought that my good faith and diligence was approved of, not only by those to whom I was known, but even by strangers. And I was not mistaken: for in the comitia for my election, when that man was employing boundless bribery against me, the Roman people decided that his money, which had no influence with me when put in opposition to my own good faith, ought to have no influence with them to rob me of my honour. On the day when you first, O judges, were summoned to this place, and sat in judgment on this criminal, who was so hostile to your order, who was so desirous of a new constitution, of a new tribunal and new judges, as not to be moved at the sight of you and of your assembled body? > Latin: 19. iudicibus reiectis sperabam iam onus meum vobiscum esse commune; putabam non solum notis sed etiam ignotis probatam meam fidem esse et diligentiam. me non fefellit; nam comitiis meis, cum iste infinita largitione contra me uteretur, populus Romanus iudicavit istius pecuniam, quae apud me contra fidem meam nihil potuisset, apud se contra honorem meum nihil posse debere. quidem die primum, iudices, citati in hunc reum consedistis, quis tam iniquus huic ordini fuit, quis tam novarum rerum iudiciorum iudicumque cupidus qui non aspectu consessuque vestro commoveretur? [¶18] 20. When on the trial your dignity procured me the fruit of my diligence, I gained thus much,—that in the same hour that I began to speak, I cut off from that audacious, wealthy, extravagant, and abandoned criminal, all hope of corrupting the judges; that on the very first day, when such a number of witnesses had been brought forward, the Roman people determined that If he were acquitted, the republic would no longer exist; that the second day took away from his friends, not only all hope of victory, but even all inclination to make any defence; that the third day prostrated the man so entirely, that, pretending to be sick, he took counsel, not what reply he could make, but how he could avoid making any; and after that, on the subsequent days, he was so oppressed and overwhelmed by these accusations, by these witnesses, both from the city and from the provinces, that when these days of the games intervened, no one thought that he had procured an adjournment, but they thought that he was condemned. > Latin: 20. in eo vestra dignitas mihi fructum diligentiae referret, id sum adsecutus, ut una hora qua coepi dicere reo audaci, pecunioso, profuso, perdito spem iudici corrumpendi praeciderem; ut primo die testium tanto numero citato populus Romanus iudicaret isto absoluto rem publicam stare non posse; ut alter dies amicis istius ac defensoribus non modo spem victoriae sed etiam voluntatem defensionis auferret, ut tertius dies sic hominem prosterneret ut morbo simulato non quid responderet, sed quem ad modum non responderet, deliberaret. reliquis diebus his criminibus, his testibus, et urbanis et provincialibus, sic obrutus atque oppressus est ut his ludorum diebus interpositis nemo istum comperendinatum, sed condemnatum iudicaret. [¶19] 21. So that, as far as I am concerned, O judges, I gained the day; for I did not desire the spoils of Caius Verres, but the good opinion of the Roman people. It was my business to act as accuser only if I had a good cause. What cause was ever juster than the being appointed and selected by as illustrious a province as its defender? To consult the welfare of the republic;—what could be more honourable for the republic, than while the tribunals were in such general discredit, to bring before them a man by whose condemnation the whole order of the senate might be restored to credit and favour with the Roman people?—to prove and convince men that it was a guilty man who was brought to trial? Who is there of the Roman people who did not carry away this conviction from the previous pleading, that if all the wickednesses, thefts, and enormities of all who have ever been condemned before were brought together into one place, they could scarcely be likened or compared to but a small part of this man's crimes? > Latin: 21. ego quod ad me attinet, iudices, vici; non enim spolia C. Verris, sed existimationem populi Romani concupivi. fuit cum causa accedere ad accusandum: quae causa fuit honestior, quam a tam inlustri provincia defensorem constitui et deligi? rei publicae consulere: quid tam e re publica quam in tanta invidia iudiciorum adducere hominem cuius damnatione totus ordo cum populo Romano et in laude et in gratia posset esse? ostendere ac persuadere hominem nocentem adductum esse: quis est in populo Romano qui hoc non ex priore actione abstulerit, omnium ante damnatorum scelera, furta, flagitia, si unum in locum conferantur, vix cum huius parva parte aequari conferrique posse? [¶20] 22. Judges, consider and deliberate what becomes your fame, your reputation, and the common safety? Your eminence prevents your being able to make any mistake without the greatest injury and danger to the republic. For the Roman people cannot hope that there are any other men in the senate who can judge uprightly, if you cannot. It is inevitable that, when it has learnt to despair of the whole order, it should look for another class of men and another system of judicial proceedings. If this seems to you at all a trifling matter, because you think the being judges a grave and inconvenient burden, you ought to be aware, in the first place, that it makes a difference whether you throw off that burden yourselves, of your own accord, or whether the power of sitting as judges is taken away from you because you have been unable to convince the Roman people of your good faith and scrupulous honesty. In the second place, consider this also, with what great danger we shall come before those judges whom the Roman people, by reason of its hatred to you, has willed shall judge concerning you. > Latin: 22. quod ad vestram famam existimationem salutemque communem pertinet, iudices, prospicite atque consulite: splendor vester facit ut peccare sine summo rei publicae detrimento ac periculo non possitis. enim potest sperare populus Romanus esse alios in senatu qui recte possint iudicare, vos si non potueritis: necesse est, cum de toto ordine desperarit, aliud genus hominum atque aliam rationem iudiciorum requirat. si vobis ideo levius videtur quod putatis onus esse grave et incommodum iudicare, intellegere debetis primum interesse utrum id onus vosmet ipsi reieceritis, an, quod probare populo Romano fidem vestram et religionem non potueritis, eo vobis iudicandi potestas erepta sit; deinde etiam illud cogitare, quanto periculo venturi simus ad eos iudices quos propter odium nostri populus Romanus de nobis voluerit iudicare. [¶21] 23. But I will tell you, O judges, what I am sure of. Know, then, that there are some men who are possessed with such a hatred or your order, that they now make a practice of openly saying that they are willing for that man, whom they know to be a most infamous one, to be acquitted for this one reason,—that then the honour or the judgment-seat may be taken from the senate with ignominy and disgrace. It is not my fear for your good faith, O judges, which has urged me to lay these considerations before you at some length, but the new hopes which those men are entertaining; for when those hopes had brought Verres suddenly back from the gates of the city to this court, some men suspected that his intention had not been changed so suddenly without a cause. > Latin: 23. vobis dicam id quod intellexi, iudices. scitote esse quosdam quos tantum odium nostri ordinis teneat ut hoc palam iam dictitent, se istum, quem sciant esse hominem improbissimum, hoc uno nomine absolvi velle ut ab senatu iudicia per ignominiam turpitudinemque auferantur. me pluribus verbis, iudices, vobiscum agere coegit non timor meus de vestra fide, sed spes illorum nova, quae cum Verrem a porta subito ad iudicium retraxisset, non nulli suspicati sunt non sine causa illius consilium tam repente esse mutatum. [¶22] 24. Now, in order that Hortensius may not be able to employ any new sort of complaint, and to say that a defendant is oppressed if the accuser says nothing about him; that nothing is so dangerous to the fortunes of an innocent man as for his adversaries to keep silence; and in order that he may not praise my abilities in a way which I do not like, when he says that, if I had said much, I should have relieved him against whom I was speaking, and that I have undone him because I said nothing,—I will comply with his wishes, I shall employ one long unbroken speech: not because it is necessary, but that I may try whether he will be most vexed at my having been silent then or at my speaking now. > Latin: 24. ne novo querimoniae genere uti possit Hortensius et ea dicere, opprimi reum de quo nihil dicat accusator, nihil esse tam periculosum fortunis innocentium quam tacere adversarios; et ne aliter quam ego velim meum laudet ingenium, cum dicat me, si multa dixissem, sublevaturum fuisse eum quem contra dicerem, quia non dixerim, perdidisse: morem illi geram, utar oratione perpetua, non quo iam hoc sit necesse, verum ut experiar utrum ille ferat molestius me tunc tacuisse an nunc dicere. [¶23] 25. Here you, perhaps, will take care that I do not remit one hour of the time allowed me by law. If I do not employ the whole time which is allowed me by law, you will complain; you will invoke the faith of gods and men, calling them to witness how Caius Verres is circumvented because the prosecutor will not speak as long as he is allowed to speak by the law. What the law gives me for my own sake, may I not be allowed to forbear using? For the time for stating the accusation is given me for my own sake, that I may be able to unfold my charges and the whole cause in my speech. If I do not use it all, I do you no injury, but I give up something of my own right and advantage. You injure me, says he, for the cause ought to be thoroughly investigated. Certainly, for otherwise a defendant cannot be condemned, however guilty he may be. Were you, then, indignant that anything should be done by me to make it less easy for him to be condemned? For if the cause be understood, many men may be acquitted; if it be not understood, no one can be condemned. > Latin: 25. tu fortasse eris diligens ne quam ego horam de meis legitimis horis remittam; nisi omni tempore quod mihi lege concessum est abusus ero, querere, deum atque hominum fidem implorabis, circumveniri C. Verrem quod accusator nolit tam diu quam diu liceat dicere. mihi lex mea causa dedit, eo mihi non uti non licebit? accusandi mihi tempus mea causa datum est, ut possem oratione mea crimina causamque explicare: hoc si non utor, non tibi iniuriam facio, sed de meo iure aliquid et commodo detraho. “enim”, inquit, “cognosci oportet”: ea re quidem quod aliter condemnari reus, quamvis sit nocens, non potest, igitur tu moleste tulisti, a me aliquid factum esse quo minus iste condemnari posset? nam causa cognita possunt multi absolvi, incognita quidem condemnari nemo potest. [¶24] 26. I injure him, it seems, for I take away the right of adjournment. The most vexatious thing that the law has in it, the allowing a cause to be twice pleaded, has either been instituted for my sake rather than for yours, or, at all events, not more for your sake than for mine. For if to speak twice be an advantage, certainly it is an advantage which is common to both If there is a necessity that he who has spoken last should be refuted, then it is for the sake of the prosecutor that the he has been established that there should be a second discussion. But, as I imagine, Glaucia first proposed the law that the defendant might have an adjournment; before that time the decision might either be given at once, or the judges might take time to consider. Which law, then, do you think the mildest? I think that ancient one, by which a man might either be acquitted quickly, or condemned after deliberation. I restore you that law of Acilius, according to which many men who have only been accused once, whose cause has only been pleaded once, in whose case witnesses have only been heard once, have been condemned on charges by no means so clearly proved, nor so flagitious as those on which you are convicted. Think that you are pleading your cause, not according to that severe law, but according to that most merciful one. I will accuse you; you shall reply. Having produced my witnesses, I will lay the whole matter before the bench in such a way, that even if the law gave them a power of adjournment, yet they shall think it discreditable to themselves not to decide at the first hearing. > Latin: 26. “enim comperendinatum”: quod habet lex in se molestissimum, bis ut causa dicatur,—quod aut mea causa potius est constitutum quam tua, aut nihilo tua potius quam mea. si bis dicere est commodum, certe utriusque commune est; si eum qui posterius dixit opus est redargui, accusatoris causa, ut bis ageretur, constitutum est., ut opinor, Glaucia primus tulit ut comperendinaretur reus; antea vel iudicari primo poterat vel amplius pronuntiari. Vtram igitur putas legem molliorem?, illam veterem, qua vel cito absolvi vel tarde condemnari licebat. tibi illam Aciliam legem restituo, qua lege multi semel accusati, semel dicta causa, semel auditis testibus condemnati sunt, nequaquam tam manifestis neque tantis criminibus quantis tu convinceris. Puta te non hac tam atroci, sed illa lege mitissima causam dicere.; respondebis; testibus editis ita mittam in consilium ut, etiamsi lex ampliandi faciat potestatem, tamen isti turpe sibi existiment non primo iudicare. [¶25] 27. But if it be necessary for the cause to be thoroughly investigated, has this one been investigated but superficially? Are we keeping back anything, O Hortensius, a trick which we have often seen practiced in pleading? Who ever attends much to the advocate in this sort of action, in which anything is said to have been carried off and stolen by any one? Is not all the expectation of the judges fixed on the documents or on the witnesses? I said in the first pleading that I would make it plain that Caius Verres had carried off four hundred thousand sesterces contrary to the law. What ought I to have said? Should I have pleaded more plainly if I had related the whole affair thus?—There was a certain man of Halesa, named Dio, who, when a great inheritance had come to his son from a relation while Sacerdos was praetor, had at the time no trouble nor dispute about it. Verres, as soon as he arrived in the province, immediately wrote letters from Messana; he summoned Dio before him, he procured false witnesses from among his own friends to say that that inheritance had been forfeited to Venus Erycina. He announced that he himself would take cognisance of that matter. > Latin: 27. si causam cognosci opus est. parumne cognita est?, Hortensi, quod saepe experti in dicendo sumus. nos magnopere attendit umquam in hoc quidem genere causarum, ubi aliquid ereptum aut ablatum a quopiam dicitur? aut in tabulis aut in testibus omnis exspectatio iudicum est? prima actione me planum esse facturum C. Verrem HS quadringentiens contra leges abstulisse.? hoc planius egissem, si ita narrassem? “Dio quidam fuit Halaesinus, qui, cum eius filio praetore C. Sacerdote hereditas a propinquo permagna venisset, nihil habuit tum neque negoti neque controversiae. Verres simul ac tetigit provinciam, statim Messana litteras dedit, Dionem evocavit, calumniatores ex sinu suo adposuit qui illam hereditatem Veneri Erycinae commissam esse dicerent; hac de re ostendit se ipsum cogniturum.” [¶26] 28. I can detail to you the whole affair in regular order, and at last tell you what the result was, namely, that Dio paid a million of sesterces, in order to prevail in a cause of most undeniable justice, besides that Verres had his herds of mares driven away, and all his plate and embroidered vestments carried off. But neither while I was so relating these things, nor while you were denying them, would our speeches be of any great importance. At what time then would the judge prick up his ears and begin to strain his attention? When Dio himself came forward, and the others who had at that time been engaged in Sicily on Dio's business, when, at the very time when Dio was pleading his cause, he was proved to have borrowed money, to have galled in all that was owing to him, to have sold farms; when the accounts of respectable men were produced, when they who had supplied Dio with money said that they had heard at the time that the money was taken on purpose to be given to Verres; when the friends, and connections, and patrons of Dio, most honourable men, said that they had heard the same thing. > Latin: 28. deinceps totam rem explicare, deinde ad extremum id quod accidit dicere, Dionem HS deciens centena milia numerasse ut causam certissimam obtineret; praeterea greges equarum eius istum abigendos curasse, argenti, vestis stragulae quod fuerit curasse auferendum. neque cum ego dicerem neque cum tu negares, magni momenti nostra esset oratio. tempore igitur auris iudex erigeret animumque attenderet? Dio ipse prodiret, cum ceteri qui tum in Sicilia negotiis Dionis interfuissent, cum per eos ipsos dies per quos causam Dio diceret reperiretur pecunias sumpsisse mutuas, nomina sua exegisse, praedia vendidisse; cum tabulae virorum bonorum proferrentur; cum qui pecuniam Dioni dederunt dicerent se iam tum audisse eos nummos sumi ut Verri darentur; cum amici, hospites, patroni Dionis, homines honestissimi, haec eadem se audisse dicerent. [¶27] 29. Then, when this was going on, you would, I suppose, attend as you did attend. Then the cause would seem to be going on. Everything was managed by me in the former pleading so that among all the charges there was not one in which any one of you desired an uninterrupted statement of the case. I deny that anything was said by the witnesses which was either obscure to any one of you, or which required the eloquence of any orator to set it off. In truth, you must recollect that I conducted the case in this way; I set forth and detailed the whole charge at the time of the examination of witnesses, so that as soon as I had explained the whole affair, I then immediately examined the witnesses. And by that means, not only you, who have to judge, are in possession of our charges, but also the Roman people became acquainted with the whole accusation and the whole cause: although I am speaking of my own conduct as if I had done so of my own will rather than because I was induced to do so by any injustice of yours. > Latin: 29. , cum haec fierent, tum vos audiretis, sicut audistis: tum causa agi vere videretur. a me sunt acta omnia priore actione ut in criminibus omnibus nullum esset in quo quisquam vestrum perpetuam accusationem requireret. esse quicquam a testibus dictum quod aut vestrum cuipiam esset obscurum aut cuiusquam oratoris eloquentiam quaereret. sic me ipsum egisse memoria tenetis ut in testibus interrogandis omnia crimina proponerem et explicarem, ut, cum rem totam in medio posuissem, tum denique testem interrogarem. non modo vos, quibus est iudicandum, nostra crimina tenetis, sed etiam populus Romanus totam accusationem causamque cognovit. ita de meo facto loquor quasi ego illud mea voluntate potius quam vestra iniuria adductus fecerim. [¶28] 30. But you interposed another accuser, who, when I had only demanded a hundred and ten days to prosecute my inquiries in Sicily, demanded a hundred and eight for himself to go for a similar purpose into Achaia. When you had deprived me of the three months most suitable for conducting my cause, you thought that I would give you up the remainder of the year, so that, when he had employed the time allowed to me, you, O Hortensius, after the interruption of two festivals, might make your reply forty days afterwards; and then, that the time might be so spun out, that we might come from Marius Glabrio, the praetor, and from the greater part of these judges, to another praetor, and other judges. > Latin: 30. accusatorem qui, cum ego mihi c et x dies solos in Siciliam postulassem, c et VIII sibi in Achaiam postularet. mihi tris cum eripuissetis ad agendum maxime adpositos, reliquum omne tempus huius anni me vobis remissurum putastis, ut, cum horis nostris nos essemus usi, tu binis ludis interpositis quadragesimo post die responderes, deinde ita tempus duceretur ut a M’. Glabrione praetore et a magna parte horum iudicum ad praetorem alium iudicesque alios veniremus. [¶29] 31. If I had not seen this—if every one, both acquaintances and strangers, had not warned me that the object which they were driving at, which they were contriving, for which they were striving, was to cause the matter to be delayed to that time—I suppose, if I had chosen to spend all the time allowed me in stating the accusation, I should be under apprehensions that I should not have charges enough to bring, that subjects for a speech would be wanting to me, that my voice and strength would fail me, that I should not be able to accuse twice a man whom no one had dared to defend at the first pleading of the cause. I made my conduct appear reasonable both to the judges and also to the Roman people. There is no one who thinks that their injustice and impudence could have been opposed by any other means. Indeed, how great would have been my folly, if, though I might have avoided it, I had allowed matters to come on on the day which they who had undertaken to deliver him from justice provided for in their undertaking, when they gave their undertaking to deliver him in these words—“If the trial took place on or after the first of January?” > Latin: 31. si ego non vidissem, si me non omnes noti ignotique monuissent id agi, id cogitari, in eo elaborari ut res in illud tempus reiceretur, credo, si meis horis in accusando uti voluissem, vererer ne mihi crimina non suppeterent, ne oratio deesset, ne vox viresque deficerent, ne, quem nemo prima actione defendere ausus esset, eum ego bis accusare non possem. meum consilium cum iudicibus tum populo Romano probavi: nemo est qui alia ratione istorum iniuriae atque impudentiae potuisse obsisti arbitretur. qua stultitia fuissem, si, quam diem qui istum eripiendum redemerunt in cautione viderunt,—cum ita caverent, “si post Kalendas Ianuarias in consilium iretur”,— in eam diem ego, cum potuissem vitare, incidissem? [¶30] 32. Now I must provide for the careful management of the time which is allowed me for making a speech, since I am determined to state the whole case most fully. Therefore I will pass by that first act of his life, most infamous and most wicked as it was. He shall hear nothing from me of the vices and offences of his childhood, nothing about his most dissolute youth: how that youth was spent, you either remember, or else you can recognise it in the son whom he has brought up to be so like himself: I will pass over everything which appears shameful to be mentioned; and I will consider not only what that fellow ought to have said of himself, but also what it becomes me to say. Do you, I entreat you, permit this, and grant to my modesty, that it may be allowed to pass over in silence some portion of his shamelessness. > Latin: 32. mihi temporis eius quod mihi ad dicendum datur, quoniam in animo est causam omnem exponere, habenda ratio est diligenter. primum illum actum istius vitae turpissimum et flagitiosissimum praetermittam. a me de pueritiae suae flagitiis audiet, nihil ex illa impura adulescentia sua; quae qualis fuerit aut meministis, aut ex eo quem sui simillimum produxit recognoscere potestis. praeteribo quae mihi turpia dictu videbuntur, neque solum quid istum audire, verum etiam quid me deceat dicere considerabo., quaeso, date hoc et concedite pudori meo ut aliquam partem de istius impudentia reticere possim. [¶31] 33. At that time which passed before he came into office and became a public character, he may have free and untouched as far as I am concerned. Nothing shall be said of his drunken nocturnal revels; no mention shall be made of his pimps, and dicers, and panders; his losses at play, and the licentious transactions which the estate of his father and his own age prompted him to shall be passed over in silence. He may have lived in all infamy at that time with impunity, as far as I am concerned; the rest of his life has been such that I can well afford to put up with the loss of not mentioning those enormities. > Latin: 33. illud tempus quod fuit antequam iste ad magistratus remque publicam accessit, habeat per me solutum ac liberum. de nocturnis eius bacchationibus ac vigiliis; lenonum, aleatorum, perductorum nulla mentio fiat; damna, dedecora, quae res patris eius, aetas ipsius pertulit, praetereantur; lucretur indicia veteris infamiae; patiatur eius vita reliqua me hanc tantam iacturam criminum facere. [¶32] 34. You were quaestors to Cnaeus Papirius the consul fourteen years ago. All that you have done from that day to this day I bring before the court. Not one hour will be found free from theft, from wickedness, from cruelty, from atrocity. These years have been passed by you in the quaestorship, and in the lieutenancy in Asia, and in the city praetorship, and in the Sicilian praetorship. On which account a division of my whole action will also be made into four parts. As quaestor you received our province by lot, according to the decree of the senate. A consular province fell to your lot, so that you were with Cnaeus Carbo, the consul, and had that province. There was at that time dissension among the citizens: and in that I am not going to say anything as to what part you ought to have taken. This only do I say, that at such a time as that you ought to have made up your mind which side you would take and which party you would espouse. Carbo was very indignant that there had fallen to his lot as his quaestor a man of such notorious luxury and indolence. But he loaded him with all sorts of kindnesses. Not to dwell too long on this; money was voted, was paid; he went as quaestor to the province; he came into Gaul, where he had been for some time expected, to the army of the consul with the money. At the very first opportunity that offered, (take notice of the principle on which the man discharged the duties of his offices, and administered the affairs of the republic,) the quaestor, having embezzled the public money, deserted the consul, the army, and his allotted province. > Latin: 34. Cn. Papirio consuli fuisti abhinc annos quattuordecim. ea die ad hanc diem quae fecisti in iudicium voco: hora nulla vacua a furto, scelere, crudelitate, flagitio reperietur. sunt anni consumpti in quaestura et legatione Asiatica et praetura urbana et praetura Siciliensi; quare haec eadem erit quadripertita distributio totius accusationis meae. ex senatus consulto provinciam sortitus es: obtigit tibi consularis, ut cum consule Cn. Carbone esses eamque provinciam obtineres. tum dissensio civium, de qua nihil sum dicturus quid sentire debueris: unum hoc dico, in eius modi tempore ac sorte statuere te debuisse utrum malles sentire atque defendere. Carbo graviter ferebat sibi quaestorem obtigisse hominem singulari luxuria atque inertia; verum tamen ornabat eum beneficiis officiisque omnibus. diutius teneam, pecunia attributa, numerata est: profectus est quaestor in provinciam: venit exspectatus in Galliam ad exercitum consularem cum pecunia. ac primum ei occasio visa est,—cognoscite hominis principium magistratuum gerendorum et rei publicae administrandae,—aversa pecunia publica quaestor consulem, exercitum, sortem, provinciamque deseruit.