129. If it had not been for Lucius Metellus, O judges, the mothers of those men, their wives and sisters, were on their way hither; and one of them, when I arrived at Heraclea late at night, came to meet me with all the matrons of that city, and with many torches; and so, styling me her saviour, calling you her executioner, uttering in an imploring manner the name of her son, she fell down, wretched as she was, at my feet, as if I were able to raise her son from the shades below. In the other cities also the aged mothers, and even the little children of those miserable men did the same thing; while the helpless age of each class appeared especially to stand in need of my labour and diligence, of your good faith and pity.
129. per L. Metellum licitum esset, iudices, matres illorum miserorum sororesque veniebant; quarum una, cum ego ad Heracleam noctu accederem, cum omnibus matronis eius civitatis et cum multis facibus mihi obviam venit, et ita,—me suam salutem appellans, te suum carnificem nominans, fili nomen implorans, —mihi ad pedes misera iacuit quasi ego eius excitare ab inferis filium possem. hoc itidem ceteris in civitatibus grandes natu matres et item parvi liberi miserorum; quorum utrumque aetas laborem et industriam meam, fidem et misericordiam vestram requirebat.
130. Therefore, O judges, this complaint was brought to me by Sicily most especially and beyond all other complaints. I have undertaken this task, induced by the tears of others, not by any desire of my own for glory; in order that false condemnation, and imprisonment, and chains, and axes, and the torture of our allies, and the execution of innocent men, and last of all, that the bodies of the lifeless dead, and the agony of living parents and relations, may not he a source of profit to our magistrates. If, by that man's condemnation obtained through your good faith and strict justice, O judges, I remove this fear from Sicily, I shall think enough has been done in discharge of my duty, and enough to satisfy their wishes who have entreated this assistance from me.
130. ad me, iudices, hanc querimoniam praeter ceteras Sicilia detulit; lacrimis ego huc, non gloria inductus accessi, ne falsa damnatio, ne carcer, ne catenae, ne verbera, ne secures, ne cruciatus sociorum, ne sanguis innocentium, ne denique etiam exsanguia corpora mortuorum, ne maeror parentum ac propinquorum magistratibus nostris quaestui posset esse. ego si metum Siciliae damnatione istius per vestram fidem et veritatem deiecero, iudices, satis officio meo, satis illorum voluntati qui a me hoc petiverunt factum esse arbitrabor.
131. Wherefore, if by any chance you find one who attempts to defend him from this accusation in the matter of the fleet, let him defend him thus; let him leave out those common topics which have nothing to do with the business—that I am attributing to him blame which belongs to fortune; that I am imputing to him disaster as a crime; that I am accusing him of the loss of a fleet, when, in the uncertain risks of war which are common to both sides, many gallant men have often met with disasters both by land and sea. I am imputing to you nothing in which fortune was concerned; you have no pretext for bringing up the disasters of others; you have nothing to do with collecting instances of the misfortunes of many others. I say the ships were dismantled; I say the rowers and sailors were discharged; I say the rest had been living on the roots of wild palms; that a Sicilian was appointed to command a fleet of the Roman people; a Syracusan to command our allies and friends; I say that, all that time, and for many preceding days, you were spending your time in drunken revels on the sea-shore with your concubines; and I produce my informants and witnesses, who prove all these charges.
131. si quem forte inveneris qui hoc navale crimen conetur defendere, is ita defendat ut illa communia quae ad causam nihil pertinent praetermittat, me culpae fortunam adsignare, calamitatem crimini dare, me amissionem classis obicere, cum multi viri fortes in communi incertoque periculo belli et terra et mari saepe offenderint. tibi obicio fortunam, nihil est quod ceterorum res minus commode gestas proferas, nihil est quod multorum naufragia fortunae colligas. navis inanis fuisse dico, remiges nautasque dimissos, reliquos stirpibus vixisse palmarum; praefuisse classi populi Romani Siculum, perpetuo sociis atque amicis Syracusanum; te illo tempore ipso superioribusque diebus omnibus in litore cum mulierculis perpotasse dico; harum rerum omnium auctores testisque produco.
132. Do I seem to be insulting you in your calamity; to be cutting you off from your legitimate excuse of blaming fortune? Do I appear to be attacking and reproaching you for the ordinary chances of war? Although the men who are indeed accustomed to object to the results of fortune being made a charge against them, are those who have committed themselves to her, and have encountered her perils and vicissitudes. But in that disaster of yours, fortune had no share at all. For men are accustomed to try the fortune of war, and to encounter danger in battles, not in banquets. But in that disaster of yours we cannot say that Mars had any share; we may say that Venus had. But if it is not right that the disasters of fortune should be imputed to you, why did you not allow her some weight in furnishing excuses and defence for those innocent men?
132. tibi insultare in calamitate, num intercludere perfugia Martem illorum fortunae, num casus bellicos exprobrare aut obicere videor? solent ii fortunam sibi obici nolle qui se fortunae commiserunt, qui in eius periculis sunt ac varietate versati. quidem calamitatis tuae fortuna particeps non fuit. enim in proeliis, non in conviviis belli fortunam periclitari solent; in illa autem calamitate non fuisse communem, sed possumus dicere. fortunam tibi obici non oportet, cur tu fortunae innocentium veniam ac locum non dedisti?
133. You must also deprive yourself of the argument, that you are now accused and held up to odium by me, for having punished and executed men according to the custom of our ancestors by accusation does not turn on any one's punishment. I do not say that no one ought to have been put to death; I do not say that all fear is to be removed from military service, severity from command, or punishment from guilt. I confess that there are many precedents for severe and terrible punishments inflicted not only on our allies, but even on our citizens and soldiers. You may therefore omit all such topics as these. I prove that the fault was not in the naval captains, but in you. I accuse you of having discharged the soldiers and rowers for a bribe. The rest of the naval captains say the came. The confederate city of the Netians bears public testimony to the truth of this charge. The cities of Herbita, of Amestras, of Enna, of Agyrium, of Tyndaris, and the Ionians, all give their public testimony to the same effect. Last of all, your own witness, your own commander, your own host, Cleomenes, says this,—that he had landed on the coast in order to collect soldiers from Pachynum, where there was a garrison of troops, in order to put them on board the fleet; which he certainly would not have done if the ships had had their complement. For the system of ships when fully equipped and fully manned is such that you have no room, I will not say for many more, but for even one single man more.
133. illud praecidas licet, te, quod supplicium more maiorum sumpseris securique percusseris, idcirco a me in crimen et in invidiam vocari. in supplicio crimen meum vertitur; non ego nego securi quemquam feriri debere, non ego metum ex re militari, non severitatem imperi, non poenam flagiti tolli dico oportere; fateor non modo in socios sed etiam in civis militesque nostros persaepe esse severe ac vehementer vindicatum. haec quoque praetermittas licet. culpam non in nauarchis sed in te fuisse demonstro, te pretio remiges militesque dimisisse arguo. nauarchi reliqui dicunt, hoc Netinorum foederata civitas publice dicit, hoc Amestratini, hoc Herbitenses, hoc Hennenses, Agyrinenses, Tyndaritani publice dicunt, tuus denique testis, tuus imperator, tuus aemulus, tuus hospes Cleomenes hoc dicit, sese in terram esse egressum ut Pachyno e terrestri praesidio milites colligeret, quos in navibus conlocaret; quod certe non fecisset si suum numerum naves haberent; ea est enim ratio instructarum ornatarumque navium ut non modo plures sed ne singuli quidem possint accedere.
134. I say, moreover, that those very sailors who were left, were worn out and disabled by famine, and by a want of every necessary. I say, that either all were free from blame, or that if blame must be attributable to some one, the greatest blame must be due to him who had the best ship, the largest crew, and the chief command; or, that if all were to blame, Cleomenes ought not to have been a spectator of the death and torture of those men. I say, besides, that in those executions, to allow of that traffic in tears, of that bargaining for an effective wound and a deadly blow, of that bargaining for the funeral and sepulture of the victims, was impiety.
134. practerea illos ipsos reliquos nautas fame atque inopia rerum omnium confectos fuisse ae perditos; dico aut omnis extra culpam fuisse, aut, si uni attribuenda culpa sit, in eo maximam fuisse qui optimam navem, plurimos nautas haberet, summum imperium obtineret, aut, si omnes in culpa fuerint, non oportuisse Cleomenen constitui spectatorem illorum mortis atque cruciatus; dico etiam in ipso supplicio mercedem lacrimarum, mercedem vulneris atque plagae, mercedem funeris ac sepulturae constitui nefas fuisse.
135. Wherefore, if you will make me any answer at all, say this,—that the fleet was properly equipped and fully manned; that no fighting-men were absent, that no bench was without its rower; that ample corn was supplied to the rowers; that the naval captains are liars; that all those honourable cities are liars; that all Sicily is a liar;—that you were betrayed by Cleomenes, when he said that he had landed on the coast to get soldiers from Pachynum; that it was courage, and not troops that he needed;—that Cleomenes, while fighting most gallantly, was abandoned and deserted by these men, and that no money was paid to any one for leave to bury the dead.—If you say this, you shall be convicted of falsehood; if you say anything else, you will not be refuting what has been stated by me.
135. si mihi respondere voles haec dicito, classem instructam atque ornatam fuisse, nullum propugnatorem afuisse, nullum vacuum tractum esse remum, rem frumentariam esse suppeditatam; mentiri nauarchos, mentiri tot tam gravis civitates, mentiri etiam Siciliam totam; proditum esse te a Cleomene, qui se dixerit exisse in terram ut Pachyno deduceret milites; animum illis, non copias defuisse; Cleomenem acerrime pugnantem ab iis relictum esse atque desertum; nummum ob sepulturam datum nemini. si dices, tenebere; sin alia dices, ea quae a me dicta sunt non refutabis.
136. Here will you dare to say also, “Among my judges that one is my intimate friend, that one is a friend of my father?” Is it not the case that the more acquainted or connected with you any one is, the more he is ashamed at the charges brought against you? He is your father's friend—If your father himself were your judge, what, in the name of the immortal gods, could you do when he said this to you? ldquo; You, being in a province as praetor of the Roman people, when you had to carry on a naval war, three years excused the Mamertines from supplying the ship, which by treaty they were bound to supply; by those same Mamertines a transport of the largest size was built for you at the public expense; you exacted money from the cities on the pretest of the fleet; you discharged the rowers for a bribe; when a pirate vessel had been taken by your quaestor, and by your lieutenant, you removed the captain of the pirates from every one's sight; you ventured to put to death men who were called Roman citizens, who were recognised as such by many; you dared to take to your own house pirates, and to bring the captain of the pirates into the court of justice from your own house.
136. tu etiam dicere audebis, “in iudicibus ille familiaris meus, est paternus amicus ille.” ut quisque maxime est quicum tibi aliquid sit, ita te in huiusce modi crimine maxime eius pudet? “amicus est.” pater si iudicaret, per deos immortalis, quid facere posset? tibi haec diceret, “in provincia populi Romani praetor, cum tibi maritimum bellum esset administrandum, Mamertinis ex foedere quam deberent navem per triennium remisisti, tibi apud eosdem privata navis oneraria maxima publice est aedificata, tu a civitatibus pecunias classis nomine coegisti, tu pretio remiges dimisisti, tu, navis cum esset ab quaestore et ab legato capta praedonum, archipiratam ab oculis omnium removisti, tu, qui cives Romani esse dicerentur, qui a multis cognoscerentur, securi ferire potuisti, tu tuam domum piratas abducere, tu in iudicium archipiratam domo producere ausus es,”
137. You, in that splendid province, in the sight of our most faithful allies, and of most honourable Roman citizens, lay for many days together on the sea-shore in revelry and debauchery, and that at a time of the greatest alarm and danger to the province. All those days no one could find you at your own house, no one could see you in the forum; you entertained the mothers of families of our allies and friends at those banquets; among women of that sort you placed your youthful son, my grandson, in order that his father's life might furnish examples of iniquity to a time of life which is particularly unsteady and open to temptation; you, while praetor in your province, were seen in a tunic and purple cloak; you, to gratify your passion and lust, took away the command of the fleet from a lieutenant of the Roman people, and gave it to a Syracusan; your soldiers in the province of Sicily were in want of provisions and of corn; owing to your luxury and avarice, a fleet belonging to the Roman people was taken and burnt by pirates;
137. “tu in provincia tam splendida, tu apud socios fidelissimos, civis Romanos honestissimos, in metu periculoque provinciae dies continuos compluris in litore conviviisque iacuisti, te per eos dies nemo tuae domi convenire, nemo in foro videre potuit, tu sociorum atque amicorum ad ea convivia matres familias adhibuisti, tu inter eius modi mulieres praetextatum tuum filium, nepotem meum, conlocavisti, ut aetati maxime lubricae atque incertae exempla nequitiae parentis vita praeberet, tu praetor in provincia cum tunica pallioque purpureo visus es, tu propter amorem libidinemque tuam imperium navium legato populi Romani ademisti, Syracusano tradidisti, tui milites in provincia Sicilia frugibus frumentoque caruerunt, tua luxurie atque avaritia classis populi Romani a praedonibus capta et incensa est;”
138. in your praetorship, for the first time since Syracuse was a city, did pirates sail about in that harbour, which no enemy had ever entered; moreover, you did not seek to cover these numerous and terrible disgraces of yours by any concealment on your part, nor did you seek to make men forget them by keeping silence respecting them, but you even without any cause tore the captains of the ships from the embrace of their parents, who were your own friends and connections, and hurried them to death and torture; nor, in witnessing the grief and tears of those parents, did any recollection of my name soften your heart; the blood of innocent men was not only a pleasure but also a profit to you.” If your own father were to say this to you, could you entreat pardon from him? could you dare to beg even him to forgive you?
138. “post Syracusas conditas quem in portum numquam hostis accesserat, in eo te praetore primum piratae navigaverunt; neque haec tot et tanta dedecora dissimulatione tua neque oblivione hominum ac taciturnitate tegere voluisti, sed etiam navium praefectos sine ulla causa de complexu parentum suorum, hospitum tuorum, ad mortem cruciatumque rapuisti, neque te in parentum luctu atque lacrimis mei nominis commemoratio mitigavit; tibi hominum innocentium sanguis non modo voluptati sed etiam quaestui fuit!” —haec si tibi tuus parens diceret, posses ab eo veniam petere, posses ut tibi ignosceret postulare?
139. Enough has been done by me, O judges, to satisfy the Sicilians, enough to discharge my duty and obligation to them, enough to acquit me of my promise and of the labour which I have undertaken. The remainder of the accusation, O judges, is one which I have not received from any one, but which is, if I may so say, innate in me; it is one which has not been brought to me, but which is deeply fixed and implanted in all my feelings; it is one which concerns not the safety of the allies, but the life and existence of Roman citizens, that is to say, of every one of us. And in urging this, do not, O judges, expect to hear any arguments from me, as if the matter were doubtful. Everything which I am going to say about the punishment of Roman citizens, will be so evident and notorious, that I could produce all Sicily as witnesses to prove it. For some insanity, the frequent companion of wickedness and audacity, urged on that man's unrestrained ferocity of disposition and inhuman nature to such frenzy, that he never hesitated, openly, in the presence of the whole body of citizens and settlers, to employ against Roman citizens those punishments which have been instituted only for slaves convicted of crime.
139. est factum Siculis, satis officio ac necessitudini, satis promisso nostro ac recepto. est ea causa, iudices, quae iam non recepta sed innata, neque delata ad me sed in animo sensuque meo penitus adfixa atque insita est; quae non ad sociorum salutem, sed ad civium Romanorum, hoc est ad unius cuiusque nostrum, vitam et sanguinem pertinet. qua nolite a me, quasi dubium sit aliquid, argumenta, iudices, exspectare: omnia quae dicam sic erunt inlustria ut ad ea probanda totam Siciliam testem adhibere possem. enim quidam, sceleris et audaciae comes, istius effrenatum animum importunamque naturam tanta oppressit amentia ut numquam dubitaret in conventu palam supplicia, quae in convictos malefici servos constituta sunt, ea in civis Romanos expromere.
140. Why need I tell you how many men he has scourged? I will only say that, most briefly, O judges, while that man was praetor there was no discrimination whatever in the infliction of that sort of punishment; and, accordingly, the hands of the lictor were habitually laid on the persons of the Roman citizens, even without any actual order from Verres. Can you deny this, O Verres, that in the forum, at Lilybaeum, in the presence of a numerous body of inhabitants, Caius Servilius, a Roman citizen, an old trader of the body of settlers at Panormus, was beaten to the ground by rods and scourges before your tribunal, before your very feet? Dare first to deny this, if you can. No one was at Lilybaeum who did not see it. No one was in Sicily who did not hear of it. I assert that a Roman citizen fell down before your eyes, exhausted by the scourging of your lictors.
140. quam multos ceciderit quid ego commemorem? brevissime, iudices, dico: nullum fuit omnino civitatis isto praetore in hoc genere discrimen. iam consuetudine ad corpora civium Romanorum etiam sine istius nutu ferebatur manus ipsa lictoris. potes hoc negare, Verres, in foro Lilybaei maximo conventu C. Servilium, civem Romanum e conventu Panhormitano, veterem negotiatorem, ad tribunal ante pedes tuos ad terram virgis et verberibus abiectum? hoc primum negare, si potes; nemo Lilybaei fuit quin viderit, nemo in Sicilia quin audiverit. confectum dico a lictoribus tuis civem Romanum ante oculos tuos concidisse.
141. For what reason? O ye immortal gods!—though in asking that I am doing injury to the common cause of all the citizens, and to the privilege of citizenship, for I am asking what reason there was in the case of Servilius for this treatment, as if there could be any reason for its being legally inflicted on any Roman citizen. Pardon me this one error, O judges, for I will not in the rest of the cases ask for any reason. He had spoken rather freely of the dishonesty and worthlessness of Verres. And as soon as he was informed of this, he orders the man to Lilybaeum to give security in a prosecution instituted against him by one of the slaves of Verres. He gives security. He comes to Lilybaeum. Verres begins to compel him, though no one proceeded with any action against him, though no one made any claim on him, to be bound over in the sum of two thousand sesterces, to appear to a charge brought against him by his own lictor, in the formula,—“If he had made any profit by robbery.”—He says that he will appoint judges out of his own retinue. Servilius demurs, and entreats that he may not be proceeded against by a capital prosecution before unjust judges, and where there is no prosecutor.
141. quam ob causam, di immortales! tametsi iniuriam facio communi causae et iuri civitatis; quasi enim ulla possit esse causa cur hoc cuiquam civi Romano iure accidat, ita quaero quae in Servilio causa fuerit. in hoc uno, iudices; in ceteris enim non magnopere causas requiram. erat liberius de istius improbitate atque nequitia. isti simul ac renuntiatum est, hominem iubet Lilybaeum vadimonium Venerio servo promittere.; Lilybaeum venitur. eum coepit, cum ageret nemo, nemo postularet, sponsionem mille nummum facere cum lictore suo, “furtis quaestum faceret.” se de cohorte sua dicebat daturum. Servilius et recusare et deprecari ne iniquis iudicibus nullo adversario iudicium capitis in se constitueretur.
142. While he is urging this with a loud voice, six of the most vigorous lictors surround him, men in full practice in beating and scourging men; they beat him most furiously with rods; then the lictor who was nearest to him, the man whom I have already often mentioned, Sextus, turning his stick round, began to beat the wretched man violently on the eyes. Therefore, when blood had filled his mouth and eyes, he fell down, and they, nevertheless, continued to beat him on the sides while lying on the ground, till he said at last he would give security. He, having been treated in this manner, was taken away from the place as dead, and, in a short time afterwards, he died. But that devoted servant of Venus, that man so rich in wit and politeness, erected a silver Cupid out of his property in the temple of Venus. And in this way he misused the fortunes of men to fulfil the nightly vows made by him for the accomplishment of his desires.
142. cum maxime loqueretur, sex lictores circumsistunt valentissimi et ad pulsandos verberandosque homines exercitatissimi, caedunt acerrime virgis; denique proximus lictor, de quo iam saepe dixi, Sextius, converso baculo oculos misero tundere vehementissime coepit. ille, cum sanguis os oculosque complesset, concidit, cum illi nihilo minus iacenti latera tunderent, ut aliquando spondere se diceret. ille adfectus illim tum pro mortuo sublatus perbrevi postea est mortuus. autem homo Venerius, adfluens omni lepore ac venustate, de bonis illius in aede Veneris argenteum Cupidinem posuit. etiam fortunis hominum abutebatur ad nocturna vota cupiditatum suarum.
143. For why should I speak separately of all the other punishments inflicted on Roman citizens, rather than generally, and in the lump? That prison which was built at Syracuse, by that most cruel tyrant Dionysius, which is called the stone-quarries, was, under his government, the home of Roman citizens. As any one of them offended his eyes or his mind, he was instantly thrown into the stone-quarries. I see that this appears a scandalous thing to you, O judges; and I had observed that, at the former pleading, when the witnesses stated these things; for you thought that the privileges of freedom ought to be maintained, not only here, where there are tribunes of the people, where there are other magistrates, where there is a forum with many courts of justice, where there is the authority of the senate, where there is the opinion of the Roman people to hold a man in check, where the Roman people itself is present in great numbers; but, in whatever country or nation the privileges of Roman citizens are violated, you, O judges, decide that that violation concerns the common cause of freedom, and of your dignity.
143. quid ego de ceteris civium Romanorum suppliciis singillatim potius quam generatim atque universe loquar? ille qui est a crudelissimo tyranno Dionysio factus Syracusis, quae lautumiae vocantur, in istius imperio domicilium civium Romanorum fuit. Vt quisque istius animum aut oculos offenderat, in lautumias statim coniciebatur. hoc video videri omnibus, iudices, et id iam priore actione, cum haec testes dicerent, intellexi. enim putatis oportere iura libertatis non modo hic ubi tribuni plebis sunt, ubi ceteri magistratus, ubi forum plenum iudiciorum, ubi senatus auctoritas, ubi existimatio populi Romani et frequentia, sed ubicumque terrarum et gentium violatum ius civium Romanorum sit, statuitis id pertinere ad communem causam libertatis et dignitatis.
144. Did you, O Verres, dare to confine such a number of Roman citizens in a prison built for foreigners, for wicked men, for pirates, and for enemies? Did no thoughts of this tribunal, or of the public assembly, or of this numerous multitude which I see around me, and which is now regarding you with a most hostile and inimical disposition, occur to your mind? Did not the dignity of the Roman people, though absent, did not the appearance of such a concourse as this ever present itself to your eyes or to your thoughts? Did you never think that you should have to return home to the sight of these men, that you should have to come into the forum of the Roman people, that you should have to submit yourself to the power of the laws and courts of justice?
144. externorum hominum maleficorum sceleratorumque, in praedonum hostiumque custodias tu tantum numerum civium Romanorum includere ausus es? tibi iudici, numquam contionis, numquam huius tantae frequentiae, quae nunc te animo iniquissimo infestissimoque intuetur, venit in mentem? numquam tibi populi Romani absentis dignitas, numquam species ipsa huiusce multitudinis in oculis animoque versata est? numquam te in horum conspectum rediturum, numquam in forum populi Romani venturum, numquam sub legum et iudiciorum potestatem casurum esse duxisti?
145. But what, O Verres, was that passion of yours for practicing cruelty? what was your reason for undertaking so many wicked actions? It was nothing, O judges, except a new and unprecedented system of plundering. For like those men whose histories we have learnt from the poets, who are said to have occupied some bays on the sea-coast, or some promontories, or some precipitous rocks, in order to be able to murder those who had been driven to such places in their vessels, this man also looked down as an enemy over every sea, from every part of Sicily. Every ship that came from Asia, from Syria, from Tyre, from Alexandria, was immediately seized by informers and guards that he could rely upon; their crews were all thrown into the stone-quarries; their freights and merchandise carried up into the praetor's house. After a long interval there was seen to range through Sicily, not another Dionysius, not another Phalaris, (for their island has at one time or another produced many inhuman tyrants,) but a new sort of monster, endowed with all the ancient savage barbarity which is said to have formerly existed in those same districts;
145. quae erat ista libido crudelitatis exercendae, quae tot scelerum suscipiendorum causa?, iudices, praeter praedandi novam singularemque rationem. ut illi quos a poetis accepimus, qui sinus quosdam obsedisse maritimos aut aliqua promunturia aut praerupta saxa tenuisse dicuntur, ut eos qui essent adpulsi navigiis interficere possent, sic iste in omnia maria infestus ex omnibus Siciliae partibus imminebat. navis ex Asia, quae ex Syria, quae Tyro, quae Alexandria venerat, statim certis indicibus et custodibus tenebatur; vectores omnes in lautumias coniciebantur, onera atque merces in praetoriam domum deferebantur. in Sicilia longo intervallo alter non Dionysius ille nec Phalaris,—tulit enim illa quondam insula multos et crudelis tyrannos,—sed quoddam novum monstrum ex vetere illa immanitate quae in isdem locis versata esse dicitur.
146. for I do not think that either Scylla or Charybdis was such an enemy to sailors, as that man has been in the same waters. And in one respect he is far more to be dreaded than they, because he is girdled with more numerous and more powerful hounds than they were. He is a second Cyclops, far more savage than the first; for Verres had possession of the whole island; Polyphemus is said to have occupied only Aetna and that part of Sicily. But what pretext was alleged at the time by that man for this outrageous cruelty? The same which is now going to be stated in his defence. He used to say whenever any one came to Sicily a little better off than usual, that they were soldiers of Sertorius, and that they were flying from Dianium. They brought him presents to gain his protection from danger; some brought him Tyrian purple, others brought frankincense, perfumes, and linen robes; others gave jewels and pearls; some offered great bribes and Asiatic slaves, so that it was seen by their very goods from what place they came. They were not aware that those very things which they thought that they were employing as aids to ensure their safety, were the causes of their danger. For he would say that they had acquired those things by partnership with pirates, he would order the men themselves to be led away to the stone-quarries, he would see that their ships and their freights were diligently taken care of.
146. enim Charybdim tam infestam neque Scyllam nautis quam istum in eodem freto fuisse arbitror; hoc etiam iste infestior, quod multo se pluribus et immanioribus canibus succinxerat, Cyclops alter multo importunior; hic enim totam insulam obsidebat, ille Aetnam solam et eam Siciliae partem tenuisse dicitur. quae causa tum subiciebatur ab ipso, iudices, huius tam nefariae crudelitatis? quae nunc in defensione commemorabitur. accesserant ad Siciliam paulo pleniores, eos Sertorianos milites esse atque a Dianio fugere dicebat. ad deprecandum periculum proferebant alii purpuram Tyriam, tus alii atque odores vestemque linteam, gemmas alii et margaritas, vina non nulli Graeca venalisque Asiaticos, ut intellegeretur ex mercibus quibus ex locis navigarent. providerant eas ipsas sibi causas esse periculi, quibus argumentis se ad salutem uti arbitrabantur. enim haec eos ex piratarum societate adeptos esse dicebat; ipsos in lautumias abduci imperabat, navis eorum atque onera diligenter adservanda curabat.
147. When by these practices his prison had become full of merchants, then those scenes took place which you have heard related by Lucius Suetius, a Roman knight, and a most virtuous man, and by others. The necks of Roman citizens were broken in a most infamous manner in the prison; so that very expression and form of entreaty, “I am a Roman citizen,” which has often brought to many, in the most distant countries, succour and assistance, even among the barbarians, only brought to these men a more bitter death and a more immediate execution. What is this, O Verres? What reply are you thinking of making to this? That I am telling lies? that I am inventing things? that I am exaggerating this accusation? Will you dare to say any one of these things to those men who are defending you? Give me, I pray you, the documents of the Syracusans taken from his own bosom, which, methinks, were drawn up according to his will; give me the register of the prison, which is most carefully made up, stating in what day each individual was committed to prison, when he died, how he was executed. [The documents of the Syracusans are read.]
147. institutis cum completus iam mercatorum carcer esset, tum illa fiebant quae L. Suettium, equitem Romanum, lectissimum virum, dicere audistis, et quae ceteros audietis. in carcere frangebantur indignissime civium Romanorum, ut iam illa vox et imploratio, “Romanus sum,” quae saepe multis in ultimis terris opem inter barbaros et salutem tulit, ea mortem illis acerbiorem et supplicium maturius ferret. est, Verres? quid ad haec cogitas respondere? num mentiri me, num fingere aliquid, num augere crimen? num quid horum dicere istis defensoribus tuis audes? mihi, quaeso, ex ipsius sinu litteras Syracusanorum, quas ipse ad arbitrium suum confectas esse arbitratur, cedo rationem carceris, quae diligentissime conficitur, quo quisque die datus in custodiam, quo mortuus, quo necatus sit. litterae Syracvsanorvm.
148. You see that Roman citizens were thrown in crowds into the stone quarries; you see a multitude of your fellow-citizens heaped together in a most unworthy place. Look now for all the traces of their departure from that place, which are to be seen. There are none. Are they all dead of disease? If he were able to urge this in his defence, still such a defence would find credit with no one. But there is a word written in those documents, which that ignorant and profligate man never noticed, and would not have understood if he had. *)ekdikaiw/qhsan, it says that is, according to the Sicilian language, they were punished and put to death.
148. civis Romanos gregatim coniectos in lautumias, videtis indignissimo in loco coacervatam multitudinem vestrorum civium. nunc vestigia quibus exitus eorum ex illo loco compareant. sunt. mortui? ita posset defendere, tamen fides huic defensioni non haberetur. scriptum exstat in isdem litteris quod iste homo barbarus ac dissolutus neque attendere umquam neque intellegere potuit: ἐδικαιώθησαν, inquit, hoc est, ut Siculi loquuntur, supplicio adfecti ac necati sunt.
149. If any king, if any city among foreign nations, in any nation had done anything of this sort to a Roman citizen, should we not avenge that act by a public resolution? should we not prosecute our revenge by war? Could we leave such injury and insult offered the Roman name unavenged and unpunished? How many wars, and what serious ones do you think that our ancestors undertook, because Roman citizens were said to have been ill-treated, or Roman vessels detained, or Roman merchants plundered? But I am not complaining that men have been detained; I think one might endure their having been plundered; I am impeaching Verres because after their ships, their slaves, and their merchandise had been taken from them, the merchants themselves were thrown into prison—because Roman citizens were imprisoned and executed.
149. qui rex, si qua civitas exterarum gentium, si qua natio fecisset aliquid in civis Romanos eius modi, nonne publice vindicaremus, nonne bello persequeremur? possemus hanc iniuriam ignominiamque nominis Romani inultam impunitamque dimittere? bella maiores nostros et quanta suscepisse arbitramini, quod cives Romani iniuria adfecti, quod navicularii retenti, quod mercatores spoliati dicerentur? ego iam retentos non queror, spoliatos ferendum puto; navibus, mancipiis, mercibus ademptis in vincla mercatores esse coniectos et in vinclis civis Romanos necatos esse arguo.
150. If I were saying this among Scythians, not before such a multitude of Roman citizens, not before the most select senators of the city, not in the forum of the Roman people,—if I were relating such numerous and bitter punishments inflicted on Roman citizens, I should move the pity of even those barbarous men. For so great is the dignity of this empire, so great is the honour in which the Roman name is held among all nations, that the exercise of such cruelty towards our citizens seems to be permitted to no one. Can I think that there is any safety or any refuge for you, when I see you hemmed in by the severity of the judges, and entangled as it were in the meshes of a net by the concourse of the Roman people here present?
150. haec apud Scythas dicerem, non hic in tanta multitudine civium Romanorum, non apud senatores, lectissimos civitatis, non in foro populi Romani de tot et tam acerbis suppliciis civium Romanorum, tamen animos etiam barbarorum hominum permoverem; tanta enim huius imperi amplitudo, tanta nominis Romani dignitas est apud omnis nationes ut ista in nostros homines crudelitas nemini concessa esse videatur. tibi ego ullam salutem, ullum perfugium putem, cum te implicatum severitate iudicum, circumretitum frequentia populi Romani esse videam?
151. If, indeed, (though I have no idea that that is possible,) you were to escape from these toils, and effect your escape by any way or any method, you will then fall into that still greater net, in which you must be caught and destroyed by me from the elevation in which I stand. For even if I were to grant to him all that he urges in his defence, yet that very defence must turn out not less injurious to him than my true accusation. For what does he urge in his defence? He says that he arrested men flying from Spain, and put them to death. Who gave you leave to do so? By what right did you do so? Who else did the same thing? How was it lawful for you to do so?
151. mehercule, id quod fieri non posse intellego, ex his te laqueis exueris ac te aliqua via ac ratione explicaris, in illas tibi maiores plagas incidendum est in quibus te ab eodem me superiore ex loco confici et concidi necesse est. si etiam id quod defendit velim concedere, tamen ipsa illa falsa defensio non minus esse ei perniciosa quam mea vera accusatio debeat. enim defendit? Hispania fugientis se excepisse et supplicio adfecisse dicit. tibi id permisit? quo iure fecisti? quis idem fecit? qui tibi id facere licuit?
152. We see the forum and the porticoes full of those men, and we are contented to see them there. For the end of civil dissensions, and of the (shall I say) insanity, or destiny, or calamity in which they take their rise, is not so grievous as to make it unlawful for us to preserve the rest of our citizens in safety. That Verres there, that ancient betrayer of his consul, that transferrer of the quaestorship, that embezzler of the public money, has taken upon himself so much authority in the republic, that he would have inflicted a bitter and cruel death on all those men whom the senate, and the Roman people, and the magistrates allowed to remain in the forum, in the exercise of their rights as voters' in the city and in the republic, if fortune had brought them to any part of Sicily.
152. plenum et basilicas istorum hominum videmus, et animo aequo videmus; civilis enim dissensionis et seu amentiae seu fati seu calamitatis non est iste molestus exitus, in quo reliquos saltem civis incolumis licet conservare. Verres, ille vetus proditor consulis, translator quaesturae, aversor pecuniae publicae, tantum sibi auctoritatis in re publica suscepit ut, quibus hominibus per senatum, per populum Romanum, per omnis magistratus, in foro, in suffragiis, in hac urbe, in re publica versari liceret, iis omnibus mortem acerbam crudelemque proponeret si fortuna eos ad aliquam partem Siciliae detulisset.
153. After Perperna was slain, many of the number of Sertorius's soldiers fled to Cnaeus Pompeius, that most illustrious and gallant man. Was there one of them whom he did not preserve safe and unhurt with the greatest kindness? was there one suppliant citizen to whom that invincible right hand was not stretched out as a pledge of his faith, and as a sure token of safety? Was it then so? Was death and torture appointed by you, who had never done one important service to the republic, for those who found a harbour of refuge in that man against whom they had borne arms? See what an admirable defence you have imagined for yourself. I had rather, I had rather in truth, that the truth of this defence of yours were proved to these judges and to the Roman people, than the truth of my accusation. I had rather, I say, that you were thought a foe and an enemy to that class of men than to merchants and seafaring men. For the accusation I bring against you impeaches you of excessive avarice: the defence that you make for yourself accuses you of a sort of frenzy, of savage ferocity, of unheard-of cruelty, and of almost a new proscription.
153. Cn. Pompeium, clarissimum virum et fortissimum, permulti occiso Perperna ex illo Sertoriano numero militum confugerunt. non ille summo cum studio salvum incolumemque servavit? cui civi supplicanti non illa dextera invicta fidem porrexit et spem salutis ostendit? vero? quibus fuit portus apud eum quem contra arma tulerant, iis apud te, cuius nullum in re publica momentum umquam fuit, mors et cruciatus erat constitutus? quam commodam defensionem excogitaris! mehercule id quod tu defendis his iudicibus populoque Romano quam id quod ego insimulo probari, malo, inquam, te isti generi hominum quam mercatoribus et naviculariis inimicum atque infestum putari; meum enim crimen avaritiae te nimiae coarguit, tua defensio furoris cuiusdam et immanitatis et inauditae crudelitatis et paene novae proscriptionis.
154. But I may not avail myself of such an advantage as that, O judges; I may not; for all Puteoli is here; merchants in crowds have come to this trial, wealthy and honourable men, who will tell you, some that their partners, some that their freedmen were plundered by that man, were thrown into prison, that some were privately murdered in prison, some publicly executed. See now how impartially I will behave to you. When I produce Publius Granius as a witness to state that his freedmen were publicly executed by you, to demand back his ship and his merchandise from you, refute him if you can; I will abandon my own witness and will take your part; I will assist you, I say, prove that those men have been with Sertorius, and that, when flying from Dianium, they were driven to Sicily. There is nothing which I would rather have you prove. For no crime can be imagined or produced against you which is worthy of a greater punishment.
154. non licet me isto tanto bono, iudices, uti, non licet. enim Puteoli toti; frequentissimi venerunt ad hoc iudicium mercatores, homines locupletes atque honesti, qui partim socios suos, partim libertos, partim conlibertos spoliatos in vincla coniectos, partim in vinclis necatos, partim securi percussos esse dicunt. vide quam me sis usurus aequo. ego P. Granium testem produxero qui suos libertos abs te securi percussos esse dicat, qui abs te navem suam mercesque repetat, refellito, si poteris; meum testem deseram, tibi favebo, te, inquam, adiuvabo; ostendito illos cum Sertorio fuisse, ab Dianio fugientis ad Siciliam esse delatos. est quod te mallem probare; nullum enim facinus quod maiore supplicio dignum sit reperiri neque proferri potest.
155. I will call back the Roman knight, Lucius Flavius, if you wish; since at the previous pleading, being influenced, as your advocates are in the habit of saying, by some unusual prudence, but, (as all men are aware,) being overpowered by your own conscience, and by the authority of my witnesses, you did not put a question to any single witness. Let Flavius be asked, if you like, who Lucius Herennius was, the man who, he says, was a money-changer at Leptis; who, though he had more than a hundred Roman citizens in the body of settlers at Syracuse, who not only knew him, but defended him with their tears and with entreaties to you, was still publicly executed by you in the sight of all the Syracusans. I am very willing that this witness of mine should also be refuted, and that it should be demonstrated end proved by you that that Herennius had been one of Sertorius's soldiers.
155. iterum equitem Romanum, L. Flavium, si voles, quoniam priore actione,—ut patroni tui dictitant, nova quadam sapientia, ut omnes intellegunt, conscientia tua atque auctoritate meorum testium,—testem nullum interrogasti. Flavius, si voles, quinam fuerit T. Herennius, is quem ille argentariam Lepti fecisse dicit; qui cum amplius centum civis Romanos haberet ex conventu Syracusano qui eum non solum cognoscerent sed etiam lacrimantes ac te implorantes defenderent, tamen inspectantibus omnibus Syracusis securi percussus est. quoque testem meum refelli et illum Herennium Sertorianum fuisse abs te demonstrari et probari volo.
156. What shall we say of that multitude of those men who were produced with veiled heads among the pirates and prisoners in order to be executed? What was that new diligence of yours, and on what account was it put in operation? Did the loud outcries of Lucius Flavius and the rest about Lucius Herennius influence you? Had the excessive influence of Marcus Annius, a most influential and most honourable man, made you a little more careful and more fearful? who lately stated in his evidence that it was not some stranger, no one knows who, nor any foreigner, but a Roman citizen who was well known to the whole body of inhabitants, who had been born at Syracuse, who had been publicly executed by you.
156. de illa multitudine dicemus eorum qui capitibus involutis in piratarum captivorum numero producebantur, ut securi ferirentur? ista nova diligentia, quam ob causam abs te excogitata? an te L. Flavi ceterorumque de T. Herennio vociferatio commovebat? an M. Anni, gravissimi atque honestissimi viri, summa auctoritas paulo diligentiorem timidioremque fecerat? qui nuper pro testimonio non advenam nescio quem nec alienum, sed eum civem Romanum qui omnibus in illo conventu notus, qui Syracusis natus esset, abs te securi percussum esse dixit.
157. After this loud statement of theirs,—after this had become known by the common conversation and common complaints of all men, he began to be, I will not say more merciful in his punishments, but mere careful. He established the rule of bringing out Roman citizens for punishment with their heads muffled up, whom, however, he put to death in the sight of all men, because the citizens (as we have said before) were calculating the number of pirates with too much accuracy. Was this the condition that was established for the Roman people while you were praetor? were these the hopes under which they were to transact their business? was this the danger in which their lives and condition as freemen were placed? are there not risks enough at the hands of fortune to be encountered of necessity by merchants, unless they are threatened also with these terrors by our magistrates, and in our provinces? Was this the state to which it was decent to reduce that suburban and loyal province of Sicily, full of most valued allies, and of most honourable Roman citizens, which has at all times received with the greatest willingness all Roman citizens within its territories, that those who were sailing from the most distant parts of Syria or Egypt, who had been held in some honour, even among barbarians, on account of their name as Roman citizens, who had escaped from the ambushes of pirates, from the dangers of tempests, should be publicly executed in Sicily when they thought that they had now reached their home?
157. hanc illorum vociferationem, post hanc communem famam atque querimoniam non mitior in supplicio, sed diligentior esse coepit; capitibus involutis civis Romanos ad necem producere instituit; quos tamen idcirco necabat palam quod homines in conventu, id quod antea dixi, nimium diligenter praedonum numerum requirebant. Haecine plebi Romanae te praetore est constituta condicio, haec negoti gerendi spes, hoc capitis vitaeque discrimen? Parumne multa mercatoribus sunt necessario pericula subeunda fortunae, nisi etiam hae formidines ab nostris magistratibus atque in nostris provinciis impendebunt? eamne rem fuit haec suburbana ac fidelis provincia, plena optimorum sociorum honestissimorumque civium, quae civis Romanos omnis suis ipsa sedibus libentissime semper accepit, ut, qui usque ex ultima Syria atque Aegypto navigarent, qui apud barbaros propter togae nomen in honore aliquo fuissent, qui ex praedonum insidiis, qui ex tempestatum periculis profugissent, in Sicilia securi ferirentur, cum se iam domum venisse arbitrarentur?
158. For why should I speak of Publius Gavius, a citizen of the municipality of Cosa, O judges? or with what vigour of language, with what gravity of expression, with what grief of mind shall I mention him? But, indeed, that indignation fails me. I must take more care than usual that what I am going to say be worthy of my subject,—worthy of the indignation which I feel. For the charge is of such a nature, that when I was first informed of it I thought I should not avail myself of it. For although I knew that it was entirely true, still I thought that it would not appear credible. Being compelled by the tears of all the Roman citizens who are living as traders in Sicily, being influenced by the testimonies of the men of Valentia, most honourable men, and by those of all the Rhegians, and of many Roman knights who happened at that time to be at Messana, I produced at the previous pleading only just that amount of evidence which might prevent the matter from appearing doubtful to any one.
158. quid ego de P. Gavio, Consano municipe, dicam, iudices, aut qua vi vocis, qua gravitate verborum, quo dolore animi dicam? tametsi dolor me non deficit; ut cetera mihi in dicendo digna re, digna dolore meo, suppetant magis laborandum est. crimen eius modi est ut, cum primum ad me delatum est, usurum me illo non putarem; tametsi enim verissimum esse intellegebam, tamen credibile fore non arbitrabar. lacrimis omnium civium Romanorum qui in Sicilia negotiantur, adductus Valentinorum, hominum honestissimorum, omniumque Reginorum testimoniis multorumque equitum Romanorum qui casu tum Messanae fuerunt, dedi tantum priore actione testium res ut nemini dubia esse possit.
159. What shall I do now? When I have been speaking for so many hours of one class of offences, and of that man's nefarious cruelty,—when I have now expended nearly all my treasures of words of such a sort as are worthy of that man's wickedness on other matters, and have omitted to take precautions to keep your attention on the stretch by diversifying my accusations, how am I to deal with an affair of the importance that this is? There is, I think, but one method, but one line open to me. I will place the matter plainly before you, which is of itself of such importance that there is no need of my eloquence and eloquence, indeed, I have none, but there is no need of any one's eloquence to excite your feelings.
159. nunc agam? iam tot horas de uno genere ac de istius nefaria crudelitate dicam, cum prope omnem vim verborum eius modi, quae scelere istius digna sint, aliis in rebus consumpserim, neque hoc providerim, ut varietate criminum vos attentos tenerem, quem ad modum de tanta re dicam?, unus modus atque una ratio est; rem in medio ponam; quae tantum habet ipsa gravitatis ut neque mea, quae nulla est, neque cuiusquam ad inflammandos vestros animos eloquentia requiratur.
160. This Gavius whom I am speaking of, a citizens of Cosa, when he (among that vast number of Roman citizens who had been treated in the same way) had been thrown by Verres into prison, and somehow or other had escaped secretly out of the stone-quarries, and had come to Messana, being now almost within sight of Italy and of the walls of Rhegium, and being revived, after that fear of death and that darkness, by the light, as it were, of liberty and of the fragrance of the laws, began to talk at Messana, and to complain that he, a Roman citizen, had been thrown into prison. He said that he was now going straight to Rome, and that he would meet Verres on his arrival there. The miserable man was not aware that it made no difference e whether he said this at Messana, or before the man's face in his own praetorian palace. For, as I have shown you before, that man had selected this city as the assistant in his crimes, the receiver of his thefts, the partner in all his wickedness. Accordingly, Gavius is at once brought before the Mamertine magistrates; and, as it happened, Verres came on that very day to Messana. The matter is brought before him. He is told that the man was a Roman citizen, who was complaining that at Syracuse he had been confined in the stone-quarries, and who, when he was actually embarking on board ship, and uttering violent threats against Verres, had been brought back by them, and reserved in order that he himself might decide what should be done with him.
160. Gavius hic quem dico, Consanus, cum in illo numero civium Romanorum ab isto in vincla coniectus esset et nescio qua ratione clam e lautumiis profugisset Messanamque venisset, qui tam prope iam Italiam et moenia Reginorum, civium Romanorum, videret et ex illo metu mortis ac tenebris quasi luce libertatis et odore aliquo legum recreatus revixisset, loqui Messanae et queri coepit se civem Romanum in vincla coniectum, sibi recta iter esse Romam, Verri se praesto advenienti futurum. intellegebat miser nihil interesse utrum haec Messanae an apud istum in praetorio loqueretur; nam, ut antea vos docui, hanc sibi iste urbem delegerat quam haberet adiutricem scelerum, furtorum receptricem, flagitiorum omnium consciam. ad magistratum Mamertinum statim deducitur Gavius, eoque ipso die casu Messanam Verres venit. ad eum defertur, esse civem Romanum qui se Syracusis in lautumiis fuisse quereretur; quem iam ingredientem in navem et Verri nimis atrociter minitantem ab se retractum esse et adservatum, ut ipse in eum statueret quod videretur.