SCRIPTURA

Cicero · Against Verres · 31 of 31

Actio Secunda · Book V · sections 161–189

Translated by Charles Duke Yonge

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161. He thanks the men and praises their good-will and diligence in his behalf. He himself, inflamed with wickedness and frenzy, comes into the forum. His eyes glared; cruelty was visible in his whole countenance. All men waited to see what does he was going to take,—what he was going to do; when all of a sudden he orders the man to be seized, and to be stripped and bound in the middle of the forum, and the rods to be got ready. The miserable man cried out that he was a Roman citizen, a citizen, also, of the municipal town of Cosa,—that he had served with Lucius Pretius a most illustrious Roman knight, who was living as a trader at Panormus, and from whom Verres might know that he was speaking the truth. Then Verres says that he has ascertained that he had been sent into Sicily by the leaders of the runaway slaves, in order to act as a spy; a matter as to which there was no witness, no trace, nor even the slightest suspicion in the mind of any one.

161. hominibus gratias et eorum benivolentiam erga se diligentiamque conlaudat. inflammatus scelere et furore in forum venit; ardebant oculi, toto ex ore crudelitas eminebat. omnes quo tandem progressurus aut quidnam acturus esset, cum repente hominem proripi atque in foro medio nudari ac deligari et virgas expediri iubet. ille miser se civem esse Romanum, municipem Consanum; meruisse cum L. Raecio, splendidissimo equite Romano, qui Panhormi negotiaretur, ex quo haec Verres scire posset. iste, se comperisse eum speculandi causa in Siciliam a ducibus fugitivorum esse missum; cuius rei neque index neque vestigium aliquod neque suspicio cuiquam esset ulla; deinde iubet undique hominem vehementissime verberari.

162. Then he orders the man to be most violently scourged on all sides. In the middle of the forum of Messana a Roman citizen, O judges, was beaten with rods; while in the mean time no groan was heard, no other expression was heard from that wretched man, amid all his pain, and between the sound of the blows, except these words, “I am a citizen of Rome.” He fancied that by this one statement of his citizenship he could ward off all blows, and remove all torture from his person. He not only did not succeed in averting by his entreaties the violence of the rods, but as he kept on repeating his entreaties and the assertion of his citizenship, a cross—a cross I say—was got ready for that miserable man, who had never witnessed such a stretch of power.

162. virgis in medio foro Messanae civis Romanus, iudices, cum interea nullus gemitus, nulla vox alia illius miseri inter dolorem crepitumque plagarum audiebatur nisi haec, “Romanus sum.” se commemoratione civitatis! omnia verbera depulsurum cruciatumque a corpore deiecturum arbitrabatur; is non modo hoc non perfecit, ut virgarum vim deprecaretur, sed cum imploraret saepius usurparetque nomen civitatis, crux,—crux, inquam,—infelici et aerumnoso, qui numquam istam pestem viderat, comparabatur.

163. O the sweet name of liberty! O the admirable privileges of our citizenship! O Porcian law! O Sempronian laws! O power of the tribunes, bitterly regretted by, and at last restored to the Roman people! Have all our rights fallen so far, that in a province of the Roman people,—in a town of our confederate allies,—a Roman citizen should be bound in the forum, and beaten with rods by a man who only had the fasces and the axes through the kindness of the Roman people? What shall I say? When fire, and red-hot plates and other instruments of torture were employed? It the bitter entreaties and the miserable cries of that man had no power to restrain you, were you not moved even by the weeping and loud groans of the Roman citizens who were present at that time? Did you dare to drag any one to the cross who said that he was a Roman citizen? I was unwilling, O judges, to press this point so strongly at the former pleading; I was unwilling to do so. For you saw how the feelings of the multitude were excited against him with indignation, and hatred, and fear of their common danger. I, at that time, fixed a limit to my oration, and checked the eagerness of Caius Numitorius a Roman knight, a man of the highest character, one of my witnesses. And I rejoiced that Glabrio had acted (and he had acted most wisely) as he did in dismissing that witness immediately, in the middle of the discussion. In fact he was afraid that the Roman people might seem to have inflicted that punishment on Verres by tumultuary violence, which he was anxious he should only suffer according to the laws and by your judicial sentence.

163. nomen dulce libertatis! o ius eximium nostrae civitatis o lex Porcia legesque Semproniae! o graviter desiderata et aliquando reddita plebi Romanae tribunicia potestas! tandem haec omnia reciderunt ut civis Romanus in provincia populi Romani, in oppido foederatorum, ab eo qui beneficio populi Romani fascis et securis haberet deligatus in foro virgis caederetur?? cum ignes ardentesque laminae ceterique cruciatus admovebantur, si te illius acerba imploratio et vox miserabilis non inhibebat, ne civium quidem Romanorum qui tum aderant fletu et gemitu maximo commovebare? crucem tu agere ausus es quemquam qui se civem Romanum esse diceret? tam vehementer agere hoc prima actione, iudices, nolui; vidistis enim ut animi multitudinis in istum dolore et odio et communis periculi metu concitarentur. egomet mihi tum modum et orationi meae et C. Numitorio, equiti Romano, primo homini, testi meo; et Glabrionem id quod sapientissime fecit facere laetatus sum, ut repente consilium in medio testimonio dimitteret. verebatur ne populus Romanus ab isto eas poenas vi repetisse videretur, quas veritus esset ne iste legibus ac vestro iudicio non esset persoluturus.

164. Now since it is made clear beyond a doubt to every one, in what state your case is, and what will become of you, I will deal thus with you: I will prove that that Gavius whom you all of a sudden assert to have been a spy, had been confined by you in the stone-quarries at Syracuse; and I will prove that, not only by the registers of the Syracusans,—lest you should be able to say that, because there is a man named Gavius mentioned in those documents, I have invented this charge, and picked out this name so as to be able to say that this is the man,—but in accordance with your own choice I will produce witnesses, who will state that that identical man was thrown by you into the stone-quarries at Syracuse. I will produce, also, citizens of Cosa, his fellow citizens and relations,, who shall teach you, though it is too late, and who shall also teach the judges, (for it is not too late for them to know them,) that that Publius Gavius whom you crucified was a Roman citizen, and a citizen of the municipality of Cosa, not a spy of runaway slaves.

164. quoniam iam exploratum est omnibus quo loco causa tua sit et quid de te futurum sit, sic tecum agam. Gavium istum, quem repentinum speculatorem fuisse dicis, ostendam in lautumias Syracusis a te esse coniectum, neque id solum ex litteris ostendam Syracusanorum, ne possis dicere me, quia sit aliqui in litteris Gavius, hoc fingere et eligere nomen, ut hunc illum esse possim dicere, sed ad arbitrium tuum testis dabo qui istum ipsum Syracusis abs te in lautumias coniectum esse dicant. etiam Consanos municipes illius ac necessarios, qui te nunc sero doceant, iudices non sero, illum P. Gavium quem tu in crucem egisti civem Romanum et municipem Consanum, non speculatorem fugitivorum fuisse.

165. When I have made all these points, which I undertake to prove, abundantly plain to your most intimate friends, then I will also turn my attention to that which is granted me by you. I will say that I am content with that. For what—what, I say—did you yourself lately say, when in an agitated state you escaped from the outcry and violence of the Roman people? Why, that he had only cried out that he was a Roman citizen because he was seeking some respite, but that he was a spy. My witnesses are unimpeachable. For what else does Caius Numitorius say? what else do Marcus and Publius Cottius say, most noble men of the district of Tauromenium? what else does Marcus Lucceius say, who had a great business as a money-changer at Rhegium? what else do all the others ray? For as yet witnesses have only been produced by me of this class, not men who say that they were acquainted with Gavius, but men who say that they saw him at the time that he was being dragged to the cross, while crying out that he was a Roman citizen. And you, O Verres, say the same thing. You confess that he did cry out that he was a Roman citizen; but that the name of citizenship did not avail with you even as much as to cause the least hesitation in your mind, or even any brief respite from a most cruel and ignominious punishment.

165. haec omnia quae polliceor cumulate tuis proximis plana fecero, tum istuc ipsum tenebo quod abs te mihi datur; eo contentum esse me dicam. enim nuper tu ipse, cum populi Romani clamore atque impetu perturbatus exsiluisti, quid, inquam, elocutus es?, quod moram supplicio quaereret, ideo clamitasse se esse civem Romanum, sed speculatorem fuisse. mei testes veri sunt. enim dicit aliud C. Numitorius, quid M. et P. Cottii, nobilissimi homines ex agro Tauromenitano, quid Q. Lucceius, qui argentariam Regi maximam fecit, quid ceteri? enim testes ex eo genere a me sunt dati, non qui novisse Gavium, sed se vidisse dicerent, cum is, qui se civem Romanum esse clamaret, in crucem ageretur. tu, Verres, idem dicis, hoc tu confiteris, illum clamitasse se civem esse Romanum; apud te nomen civitatis ne tantum quidem valuisse ut dubitationem aliquam [crucis ], ut crudelissimi taeterrimique supplici aliquam parvam moram saltem posset adferre.

166. This is the point I press, this is what I dwell upon, O judges; with this single fact I am content. I give up, I am indifferent to all the rest. By his own confession he must be entangled and destroyed. You did not know who he was; you suspected that he was a spy. I do not ask you what were your grounds for that suspicion, I impeach you by your own words. He said that he was a Roman citizen. If you, O Verres, being taken among the Persians or in the remotest parts of India, were being led to execution, what else would you cry out but that you were a Roman citizen? And if that name of your city, honoured and renowned as it is among all men, would have availed you, a stranger among strangers, among barbarians, among men placed in the most remote and distant corners of the earth, ought not he, whoever he was, whom you were hurrying to the cross, who was a stranger to you, to have been able, when he said that he was a Roman citizen, to obtain from you, the praetor, if not an escape, at least a respite from death by his mention of and claims to citizenship?

166. teneo, hic haereo, iudices, hoc sum contentus uno, omitto ac neglego cetera; sua confessione induatur ac iuguletur necesse est. esset ignorabas, speculatorem esse suspicabare; non quaero qua suspicione, tua te accuso oratione: civem Romanum se esse dicebat. tu apud Persas aut in extrema India deprensus, Verres, ad supplicium ducerere, quid aliud clamitares nisi te civem esse Romanum? et si tibi ignoto apud ignotos, apud barbaros, apud homines in extremis atque ultimis gentibus positos, nobile et inlustre apud omnis nomen civitatis tuae profuisset, ille, quisquis erat, quem tu in crucem rapiebas, qui tibi esset ignotus, cum civem se Romanum esse diceret, apud te praetorem si non effugium ne moram quidem mortis mentione atque usurpatione civitatis adsequi potuit?

167. Men of no importance, born in an obscure rank, go to sea; they go to places which they have never seen before; where they can neither be known to the men among whom they have arrived, nor always find people to vouch for them. But still, owing to this confidence in the mere fact of their citizenship, they think that they shall be safe, not only among our own magistrates, who are restrained by fear of the laws and of public opinion, nor among our fellow citizens only, who are limited with them by community of language, of rights, and of many other things; but wherever they come they think that this will be a protection to them.

167. tenues, obscuro loco nati, navigant, adeunt ad ea loca quae numquam antea viderunt, ubi neque noti esse iis quo venerunt, neque semper cum cognitoribus esse possunt. una tamen fiducia civitatis non modo apud nostros magistratus, qui et legum et existimationis periculo continentur, neque apud civis solum Romanos, qui et sermonis et iuris et multarum rerum societate iuncti sunt, fore se tutos arbitrantur, sed, quocumque venerint, hanc sibi rem praesidio sperant futuram.

168. Take away this hope, take away this protection from Roman citizens, establish the fact that there is no assistance to be found in the words “I am a Roman citizen;” that a praetor, or any other officer, may with impunity order any punishment he pleases to be inflicted on a man who says that he is a Roman citizen, though no one knows that it is not true; and at one blow, by admitting that defence; you cut off from the Roman citizens all the provinces, all the kingdoms, all free cities, and indeed the whole world, which has hitherto been open most especially to our countrymen. But what shall be said if he named Lucius Pretius, a Roman knight, who was at that time living in Sicily as a trader, as a man who would vouch for him? Was it a very great undertaking to send letters to Panormus? to keep the man? to detain him in prison, confined in the custody of your dear friends the Mamertines, till Pretius came from Panormus? Did he know the man? Then you might remit some part of the extreme punishment. Did he not know him? Then, if you thought fit, you might establish this law for all people, that whoever was not known to you, and could not produce a rich man to vouch for him, even though he were a Roman citizen, was still to be crucified.

168. hanc spem, tolle hoc praesidium civibus Romanis, constitue nihil esse opis in hac voce, “Romanus sum,” posse impune praetorem aut alium quempiam supplicium quod velit in eum constituere qui se civem Romanum esse dicat, quod qui sit ignoret: iam omnis provincias, iam omnia regna, iam omnis liberas civitates, iam omnem orbem terrarum, qui semper nostris hominibus maxime patuit, civibus Romanis ista defensione praecluseris.? si L. Raecium, equitem Romanum, qui tum erat in Sicilia, nominabat, etiamne id magnum fuit, Panhormum litteras mittere? hominem custodiis Mamertinorum tuorum, vinctum clausum habuisses, dum Panhormo Raecius veniret; cognosceret hominem, aliquid de summo supplicio remitteres; si ignoraret, tum, si ita tibi videretur, hoc iuris in omnis constitueres, ut, qui neque tibi notus esset neque cognitorem locupletem daret, quamvis civis Romanus esset, in crucem tolleretur.

169. But why need I say more about Gavius? as if you were hostile to Gavius, and not rather an enemy to the name and class of citizens, and to all their rights. You were not, I say, an enemy to the individual, but to the common cause of liberty. For what was your object in ordering the Mamertines, when, according to their regular custom and usage, they had erected the cross behind the city in the Pompeian road, to place it where it looked towards the strait; and in adding, what you can by no means deny, what you said openly in the hearing of every one, that you chose that place in order that the man who said that he was a Roman citizen, might be able from his cross to behold Italy and to look towards his own home? And accordingly, O judges, that cross, for the first time since the foundation of Messana, was erected in that place. A spot commanding a view of Italy was picked out by that man, for the express purpose that the wretched man who was dying in agony and torture might see that the rights of liberty and of slavery were only separated by a very narrow strait, and that Italy might behold her son murdered by the most miserable and most painful punishment appropriate to slaves alone.

169. quid ego plura de Gavio? quasi tu Gavio tum fueris infestus ac non nomini generi iuri civium hostis. illi, inquam, homini sed causae communi libertatis inimicus fuisti. enim attinuit, cum Mamertini more atque instituto suo crucem fixissent post urbem in via Pompeia, te iubere in ea parte figere quae ad fretum spectaret, et hoc addere,—quod negare nullo modo potes, quod omnibus audientibus dixisti palam,—te idcirco illum locum deligere, ut ille, quoniam se civem Romanum esse diceret, ex cruce Italiam cernere ac domum suam prospicere posset? illa crux sola, iudices, post conditam Messanam illo in loco fixa est. Italiae conspectus ad eam rem ab isto delectus est, ut ille in dolore cruciatuque moriens perangusto fretu divisa servitutis ac libertatis iura cognosceret, Italia autem alumnum suum servitutis extremo summoque supplicio adfixum videret.

170. It is a crime to bind a Roman citizen; to scourge him is a wickedness; to put him to death is almost parricide. What shall I say of crucifying him? So guilty an action cannot by any possibility be adequately expressed by any name bad enough for it. Yet with all this that man was not content. “Let him behold his country,” said he; “let him die within sight of laws and liberty.” It was not Gavius, it was not one individual, I know not whom,—it was not one Roman citizen,—it was the common cause of freedom and citizenship that you exposed to that torture and nailed on that cross. But now consider the audacity of the man. Do not you think that he was indignant that be could not erect that cross for Roman citizens in the forum, in the comitium, in the very rostra? For the place in his province which was the most like those places in celebrity, and the nearest to them in point of distance, he did select. He chose that monument of his wickedness and audacity to be in the sight of Italy, in the very vestibule of Sicily, within sight of all passers-by as they sailed to and fro.

170. est vincire civem Romanum, scelus verberare, prope parricidium necare: quid dicam in crucem tollere? satis digno tam nefaria res appellari nullo modo potest. fuit his omnibus iste contentus; “spectet,” inquit, “patriam; in conspectu legum libertatisque moriatur.” tu hoc loco Gavium, non unum hominem nescio quem, sed communem libertatis et civitatis causam in illum cruciatum et crucem egisti. vero videte hominis audaciam! eum graviter tulisse arbitramini quod illam civibus Romanis crucem non posset in foro, non in comitio, non in rostris defigere? enim his locis in provincia sua celebritate simillimum, regione proximum potuit, elegit; monumentum sceleris audaciaeque suae voluit esse in conspectu Italiae, vestibulo Siciliae, praetervectione omnium qui ultro citroque s navigarent.

171. If I were to choose to make these complaints and to utter these lamentations, not to Roman citizens, not to any friends of our city, not to men who had heard of the name of the Roman people,—if I uttered them not to men, but to beasts,—or even, to go further, if I uttered them in some most desolate wilderness to the stones and rocks, still all things, mute and inanimate as they might be, would be moved by such excessive, by such scandalous atrocity of conduct. But now, when I am speaking before senators of the Roman people, the authors of the laws, of the courts of justice, and of all right, I ought not to fear that that man will not be judged to be the only Roman citizen deserving of that cross of his, and that all others will not be judged most undeserving of such a danger.

171. haec non ad civis Romanos, non ad aliquos amicos nostrae civitatis, non ad eos qui populi Romani nomen audissent, denique si non ad homines verum ad bestias, aut etiam, ut longius progrediar, si in aliqua desertissima solitudine ad saxa et ad scopulos haec conqueri ac deplorare vellem, tamen omnia muta atque inanima tanta et tam indigna rerum acerbitate commoverentur. vero cum loquar apud senatores populi Romani, legum et iudiciorum et iuris auctores, timere non debeo ne non unus iste civis Romanus illa cruce dignus, ceteri omnes simili periculo indignissimi iudicentur.

172. A little while ago, O judges, we did not restrain our tears at the miserable and most unworthy death of the naval captains; and it was right for us to be moved at the misery of our innocent allies; what now ought we to do when the lives of our relations are concerned? For the blood of all Roman citizens ought to be accounted kindred blood; since the consideration of the common safety, and truth requires it. All the Roman citizens in this place, both those who are present, and those who are absent in distant lands, require your severity, implore the aid of your good faith, look anxiously for your assistance. They think that all their privileges, all their advantages, all their defences, in short their whole liberty, depends on your sentence.

172. Paulo ante, iudices, lacrimas in morte misera atque indigna nauarchorum non tenebamus, et recte ac merito sociorum innocentium miseria commovebamur: quid nunc in nostro sanguine tandem facere debemus? civium Romanorum omnium sanguis coniunctus existimandus est, quoniam et salutis omnium ratio et veritas postulat. hoc loco cives Romani, et qui adsunt et qui ubique sunt, vestram severitatem desiderant, vestram fidem implorant, vestrum auxilium requirunt; omnia sua iura commoda auxilia, totam denique libertatem in vestris sententiis versari arbitrantur.

173. From me, although they have already had aid enough, still, if the affair should turn out ill, they will perhaps have more than the venture to ask for. For even though any violence should snatch that man from your severity, which I do not fear, a judges, nor do I think it by any means possible; still, if my expectations should in this deceive me, the Sicilians will complain that their cause is lost, and they will be as indignant as I shall myself; yet the Roman people, in a short time, since it has given me the power of pleading before them, shall through my exertions recover its rights by its own votes before the beginning of February. And if you have any anxiety, O judges, for my honour and for my renown, it is not unfavourable for my interests, that that man, having been saved from me at this trial, should be reserved for that decision of the Roman people. The cause is a splendid one, one easily to be proved by me, very acceptable and agreeable to the Roman people. Lastly, if I see where to have wished to rise at the expense of that one man, which I have not wished,—if he should be acquitted, (a thing which cannot happen without the wickedness of many men,) I shall be enabled to rise at the expense of many. But in truth, for your sake, O judges, and for the sake of the republic, I should grieve that such a crime was committed by this select bench of judges. I should grieve that those judges, whom I have myself approved of and joined in selecting, should walk about in this city branded with such disgrace by that man being acquitted, as to seem smeared not with wax, but with mud.

173. A me tametsi satis habent, tamen, si res aliter acciderit, plus habebunt fortasse quam postulant. si qua vis istum de vestra severitate eripuerit, id quod neque metuo, iudices, neque ullo modo fieri posse video,—sed si in hoc me ratio fefellerit, Siculi causam suam perisse querentur et mecum pariter moleste ferent, populus quidem Romanus brevi, quoniam mihi potestatem apud se agendi dedit, ius suum me agente suis suffragiis ante Kalendas Februarias recuperabit. si de mea gloria atque amplitudine quaeritis, iudices, non est alienum meis rationibus istum mihi ex hoc iudicio ereptum ad illud populi Romani iudicium reservari. est illa causa, probabilis mihi et facilis, populo grata atque iucunda; denique si videor hic, id quod ego non quaesivi, de uno isto voluisse crescere, isto absoluto, quod sine multorum scelere fieri non potest, de multis mihi crescere licebit. mehercule vestra reique publicae causa, iudices, nolo in hoc delecto consilio tantum flagiti esse commissum, nolo eos iudices quos ego probarim atque delegerim sic in hac urbe notatos isto absoluto ambulare ut non cera sed caeno obliti esse videantur.

174. Wherefore, from this place I warn you also, O Hortensius, if there is any room for giving a warning, to take care again and again, and to consider what you are doing, and whither you are proceeding; what man it is whom you are defending, and by what means you are doing so. Nor in this manner do I seek at all to limit you, so as to prevent your contending against me with all your genius, and all your ability in speaking. As to other things, if you think that you can secretly manage, out of court, some of the things which belong to this judicial trial; if you think that you can effect anything by artifice, by cunning, by influence, by your own popularity, by that man's wealth; then I am strongly of opinion you had better abandon that idea. And I warn you rather to put down, I warn you not to suffer to proceed any further the attempts which have already been commenced by that man, but which have been thoroughly detected by, and are thoroughly known to me. It will be at a great risk to yourself that any error is committed in this trial; at a greater risk than you think.

174. ob rem te quoque, Hortensi, si qui monendi locus ex hoc loco est, moneo videas etiam atque etiam et consideres quid agas, quo progrediare, quem hominem et qua ratione defendas. de illo tibi quicquam praefinio quo minus ingenio mecum atque omni dicendi facultate contendas; cetera si qua putas te occultius extra iudicium quae ad iudicium pertineant facere posse, si quid artificio consilio potentia gratia, copiis istius moliri cogitas, magno opere censeo desistas, et illa quae temptata iam et coepta sunt ab isto, a me autem pervestigata et cognita, moneo ut exstinguas et longius progredi ne sinas. Magno tuo periculo peccabitur in hoc iudicio, maiore quam putas.

175. For as for your thinking yourself now relieved from all fear for your reputation, and at the summit of all honour as consul elect, believe me, it is no less laborious a task to preserve those honours and kindnesses, conferred on you by the Roman people, than to acquire them. This city has borne as long as it could, as long as there was no help for it, that kingly sort of sway of yours which you have exercised in the courts of justice, and in every part of the republic. It has borne it, I say. But on the day when the tribunes of the people were restored to the Roman people, all those privileges (if you are not yourself already aware of it) were taken away from you. At this very time the eyes of all men are directed on each individual among us, to see with what good faith I prosecute him, with what scrupulous justice these men judge him, in what manner you defend him.

175. enim te liberatum iam existimationis metu, defunctum honoribus designatum consulem cogites, mihi crede, ornamenta ista et beneficia populi Romani non minore negotio retinentur quam comparantur. haec civitas quoad potuit, quoad necesse fuit, regiam istam vestram dominationem in iudiciis et in omni re publica, tulit; sed quo die populo Romano tribuni plebi restituti sunt, omnia ista vobis, si forte nondum intellegitis, adempta atque erepta sunt. nunc oculi coniecti sunt hoc ipso tempore in unum quemque nostrum, qua fide ego accusem, qua religione hi iudicent, qua tu ratione defendas.

176. And in the case of all of us, if any one of us turns aside ever so little from the right path, there will follow, not that silent opinion of men which you were formerly accustomed to despise, but a severe and fearless judgment of the Roman people. You have, O Quintus, no relationship, no connection with that man. In the case of this man you can have none of those excuses with which you formerly used to defend your excessive zeal in any trial. You are bound to take care above all things, that the things which that fellow used to say in the province, when he said that he did all that he was doing out of his confidence in you, shall not be thought to be true.

176. omnibus nobis, si qui tantulum de recta regione deflexerit, non illa tacita existimatio quam antea contemnere solebatis, sed vehemens ac liberum populi Romani iudicium consequetur. tibi, (2Quinte, cum isto cognatio, nulla necessitudo; quibus excusationibus antea nimium in aliquo iudicio studium tuum defendere solebas, earum habere in hoc homine nullam potes. iste in provincia palam dictitabat, cum ea quae faciebat tua se fiducia facere dicebat, ea ne vera putentur tibi maxime est providendum.

177. I feel sure now that I have discharged my duty to the satisfaction of all those who are most unfavourable to me. For I convicted him, in the few hours which the first pleading occupied, in the opinion of every man. The remainder of the trial is not now about my good faith, which has been amply proved, nor about that fellow's way of life, which has bean fully condemned; but it is the judges, and if I am to tell the truth, it is yourself, who will now be passed sentence on. But when will that sentence be passed? For that is a point that must be much looked to, since in all things, and especially in state affairs, the consideration of time and circumstance is of the greatest importance. Why, at that time when the Roman people shall demand another class of men, another order of citizens to act as judges. Sentence will be pronounced in deciding on that law about new judges and fresh tribunals which has been proposed in reality not by the man whose name you see on the back of it, but by this defendant. Verres, I say, has contrived to have this law drawn up and proposed from the hope and opinion which he entertains of you.

177. mei rationem iam offici confido esse omnibus iniquissimis meis persolutam; nam istum paucis horis primae actionis omnium mortalium sententiis condemnavi. iudicium iam non de mea fide, quae perspecta est, nec de istius vita, quae damnata est, sed de iudicibus et, vere ut dicam, de te futurum est. quo tempore futurum est?—nam id maxime providendum est; etenim cum omnibus in rebus, tum in re publica permagni momenti est ratio atque inclinatio temporum. eo, cum populus Romanus aliud genus hominum atque alium ordinem ad res iudicandas requirit, nempe lege de iudiciis iudicibusque novis promulgata; quam non is promulgavit quo nomine proscriptam videtis, sed hic reus,—hic, inquam, sua spe atque opinione quam de vobis habet legem illam scribendam promulgandamque curavit.

178. Therefore, when this cause was first commenced, that law had not been proposed; when Verres, alarmed at your impartiality, had given many indications that he was not likely to make any reply at all, still no mention was made of that law; when he seemed to pick up a little courage and to fortify himself with some little hope, immediately this law was proposed. And as your dignity is exceedingly inconsistent with this law, so his false hopes and preeminent impudence are strongly in favour of it. In this case, if anything blameworthy be done by any of you, either the Roman people itself will judge that man whom it has already pronounced unworthy of any trial at all; or else those men will judge, who, because of the unpopularity of the existing tribunals, will be appointed as new judges by a new law made respecting the old judges.

178. cum primo agere coepimus, lex non erat promulgata; cum iste vestra severitate permotus multa signa dederat quam ob rem responsurus non videretur, mentio de lege nulla fiebat; posteaquam iste recreari et confirmari visus est, lex statim promulgata est. legi cum vestra dignitas vehementer adversetur, istius spes falsa et insignis impudentia maxime suffragatur. si quid erit commissum a quoquam vestrum quod reprendatur, aut populus Romanus iudicabit de eo homine quem iam ante iudiciis indignum putarit, aut ei qui propter offensionem iudiciorum de veteribus iudicibus lege nova novi iudices erunt constituti.

179. For myself, even though I were not to say it myself, who is there who is not aware how far it is necessary for me to proceed? Will it be possible for me to be silent, O Hortensius? Will it be possible for me to dissemble, when the republic has received so severe a wound, that, though I pleaded the cause, our provinces will appear to have been pillaged, our allies oppressed, the immortal gods plundered, Roman citizens tortured and murdered with impunity? Will it be possible for me either to lay this burden on the shoulders of this tribunal, or any longer to endure it in silence? Must not the matter be agitated? must it not be brought publicly forward? Must not the good faith of the Roman people be implored? Must not all who have implicated themselves in such wickedness as to allow their good faith to be tampered with, or to give a corrupt decision, be summoned before the court, and made to encounter a public trial?

179. porro, ut ego non dicam, quis omnium mortalium non intellegit quam longe progredi sit necesse? silere, Hortensi, potero dissimulare, cum tantum res publica vulnus acceperit ut expilatae provinciae, vexati socii, di immortales spoliati, cives Romani cruciati et necati impune me actore esse videantur? potero ego hoc onus tantum aut in hoc iudicio deponere aut tacitus sustinere? agitanda res erit, non in medium proferenda, non populi Romani fides imploranda, non omnes qui tanto se scelere obstrinxerunt ut aut fidem suam corrumpi paterentur aut iudicium corrumperent in discrimen aut iudicium vocandi?

180. Perhaps some one will ask, Are you then going to take upon yourself such a labour, and such violent enmity from so many quarters? Not, of a truth, from any desire of mine, or of my own free will. But I have not the same liberty allowed me that they have who are born of noble family; on whom even when they are asleep all the honours of the Roman people are showered. I must live in this city on far other terms and other conditions. For the case of Marcus Cato, a most wise and active man, occurs to me; who, as he thought that it was better to be recommended to the Roman people by virtue than by high birth, and as he wished that the foundation of his race and name should be hid and extended by himself, voluntarily encountered the enmity of most influential men, and lived in the discharge of the greatest labours to an extreme old age with great credit.

180. aliquis fortasse, “igitur laborem, tantas inimicitias tot hominum suscepturus es?” studio quidem hercule ullo neque voluntate; sed non idem licet mihi quod iis qui nobili genere nati sunt, quibus omnia populi Romani beneficia dormientibus deferuntur; longe alia mihi lege in hac civitate et condicione vivendum est. mihi in mentem M. Catonis, hominis sapientissimi et vigilantissimi; qui cum se virtute non genere populo Romano commendari putaret, cum ipse sui generis initium ac nominis ab se gigni et propagari vellet, hominum potentissimorum suscepit inimicitias, et maximis laboribus suis usque ad summam senectutem summa cum gloria vixit.

181. After that, did not Quintus Pompeius, a man born in a low and obscure rank of life, gain the very highest honours by encountering the enmity of many, and great personal danger, and by undertaking great labour? And lately we have seen Caius Fimbria, Caius Marcius, and Caius Caelius, striving with no slight toil, and in spite of no insignificant opposition, to arrive at those honours which you nobles arrive at while devoted to amusement or absorbed in indifference. This is the system, this is the path for our adoption. These are the men whose conduct and principles we follow. We see how unpopular with, and how hateful to some men of noble birth, is the virtue and industry of new men; that, if we only turn our eyes away for a moment, snares are laid for us; that, if we give the least room for suspicion or for accusation, an attack is immediately made on us; that we must be always vigilant, always labouring. Are there any enmities?—let them be encountered; any toils?—Let them be undertaken.

181. Q. Pompeius, humili atque obscuro loco natus, nonne plurimis inimicitiis maximisque suis periculis ac laboribus amplissimos honores est adeptus? C. Fimbriam, C. Marium, C. Caelium vidimus non mediocribus inimicitiis ac laboribus contendere ut ad istos honores pervenirent ad quos vos per ludum et per neglegentiam pervenistis. eadem est nostrae rationis regio et via, horum nos hominum sectam atque instituta persequimur. quanta sit in invidia quantoque in odio apud quosdam nobilis homines novorum hominum virtus et industria; si tantulum oculos deiecerimus, praesto esse insidias; si ullum locum aperuerimus suspicioni aut crimini, accipiendum statim vulnus esse; semper nobis vigilandum, semper laborandum videmus. sunt, subeantur;

182. In truth, silent and secret enmities are more to be dreaded than war openly declared and waged against us. There's scarcely one man of noble birth who looks favourably on our industry; there are no services of ours by which we can secure their good-will; they differ from us in disposition and inclination, as if they were of a different race and a different nature. What danger then is there to us in their enmity, when their dispositions are already averse and inimical to us before we have at all provoked their enmity?

182. labor, suscipiatur; etenim tacitae magis et occultae inimicitiae timendae sunt quam indictae atque apertae. nobilium non fere quisquam nostrae industriae favet; nullis nostris officiis benivolentiam illorum adlicere possumus; quasi natura et genere diiuncti sint, ita dissident a nobis animo ac voluntate. quid habent eorum inimicitiae periculi, quorum animos iam aute habueris inimicos et invidos quam ullas inimicitias susceperis?

183. Wherefore, O judges, I earnestly wish that I may appear for the last time in the character of an accuser, in the case of this criminal, when I shall have given satisfaction to the Roman people, and discharged the duty due to the Sicilians my client, and which I have voluntarily undertaken. But it is my deliberate resolution, if the event should deceive the expectation which I cherish of you, to prosecute not only those who are particularly implicated in the guilt of corrupting the tribunal, but those also who have in any way been accomplices in it. Moreover, if there be any persons, who in the case of the criminal have any inclination to show themselves powerful, or audacious, or ingenious in corrupting the tribunal, let them hold themselves ready, seeing that they will have to fight a battle with us, while the Roman people will be the judges of the contest. And if they know that, in the case of this criminal, whom the Sicilian nation has given me for my enemy, I have been sufficiently energetic, sufficiently persevering, and sufficiently vigilant, they may conceive that I shall be a much more formidable and active enemy to those men whose enmity I have encountered of my own accord, for the sake of the Roman people.

183. ob rem mihi, iudices, optatum illud est, in hoc reo finem accusandi facere, cum et populo Romano satis factum et receptum officium Siculis, necessariis meis, erit persolutum; deliberatum autem est, si res opinionem meam quam de vobis habeo fefellerit, non modo eos persequi ad quos maxime culpa corrupti iudici, sed etiam illos ad quos conscientiae contagio pertinebit. si qui sunt qui in hoc reo aut potentes aut audaces ant artifices ad corrumpendum iudicium velint esse, ita sint parati ut disceptante populo Romano mecum sibi rem videant futuram; et si me in hoc reo, quem mihi inimicum Siculi dederunt, satis vehementem, satis perseverantem, satis vigilantem esse cognorunt, existiment in iis hominibus quorum ego inimicitias populi Romani salutis causa suscepero multo graviorem atque acriorem futurum.

184. Now, O good and great Jupiter, you, whose royal present, worthy of your most splendid temple, worthy of the Capitol and of that citadel of all nations, worthy of being the gift of a king, made for you by a king, dedicated and promised to you, that man by his nefarious wickedness wrested from the hands of a monarch; you whose most holy and most beautiful image he carried away from Syracuse;—And you, O royal Juno, whose two temples, situated in two islands of our allies—at Melita and Samos—temples of the greatest sanctity and the greatest antiquity, that same man, with similar wickedness, stripped of all their presents and ornaments;—And you, O Minerva, whom he also pillaged in two of your most renowned and most venerated temples—at Athens, when he took away a great quantity of gold, and at Syracuse, when he took away everything except the roof and walls;— And you, O Latona, O Apollo, O Diana, whose (I will not say temples, but, as the universal opinion and religious belief agrees,) ancient birthplace and divine home at Delos he plundered by a nocturnal robbery and attack;—You, also, O Apollo, whose image he carried away from Chios;—You, again and again, O Diana, whom he plundered at Perga; whose most holy image at Segesta, where it had been twice consecrated—once by their own religious gift, and a second time by the victory of Publius Africanus—he dared to take away and remove;—And you, O Mercury, whom Verres had placed in his villa, and in some private palaestra, but whom Publius Africanus had placed in a city of the allies.

184. te, Iuppiter, cuius iste donum regale, dignum tuo pulcherrimo templo, dignum Capitolio atque ista arce omnium nationum, dignum regio munere, tibi factum ab regibus, tibi dicatum atque promissum, per nefarium scelus de manibus regiis extorsit, cuiusque sanctissimum et pulcherrimum simulacrum Syracusis sustulit; teque, Iuno Regina, cuius duo fana duabus in insulis posita sociorum, Melitae et Sami, sanctissima et antiquissima, simili scelere idem iste omnibus donis ornamentisque nudavit; teque, Minerva, quam item duobus in clarissimis et religiosissimis templis expilavit, Athenis, cum auri grande pondus, Syracusis, cum omnia praeter tectum et parietes abstulit;

185. and in the gymnasium of the Tyndaritans, as a guardian and protector of the youth of the city;— And you, O Hercules, whom that man endeavoured, on a stormy night, with a band of slaves properly equipped and armed, to tear down from your situation, and to carry off;—And you, O most holy mother Cybele, whom he left among the Enguini, in your most august and venerated temple, plundered to such an extent, that the name only of Africanus, and some traces of your worship thus violated, remain, but the monuments of victory and all the ornaments of the temple are no longer visible,—You, also, O you judges and witnesses of all forensic matters, and of the most important tribunals, and of the laws, and of the courts of justice,—you, placed in the most frequented place belonging to the Roman people, O Castor and Pollux, from whose temple that man, in a most wicked manner, procured gain to himself, and enormous booty;—And, O all ye gods, who, borne on sacred cars, visit the solemn assemblies of our games, whose road that fellow contrived should be adapted, not to the dignity of your religious ceremonies, but to his own profit;

185. teque, Latona et Apollo et Diana, quorum iste Deli non fanum, sed, ut hominum opinio et religio fert, sedem antiquam divinumque domicilium nocturno latrocinio atque impetu compilavit; etiam te, Apollo, quem iste Chio sustulit; teque etiam atque etiam, Diana, quam Pergae spoliavit, cuius simulacrum sanctissimum Segestae, bis apud Segestanos consecratum, semel ipsorum religione, iterum P. Africani victoria, tollendum asportandumque curavit; teque, Mercuri, quem Verres in domo et in privata aliqua palaestra posuit, P. Africanus in urbe sociorum et in gymnasio Tyndaritanorum iuventutis illorum custodem ac praesidem voluit esse; teque, Hercules, quem iste Agrigenti nocte intempesta servorum instructa et comparata manu convellere suis sedibus atque auferre conatus est; teque, sanctissima mater Idaea, quam apud Enguinos augustissimo et religiosissimo in templo sic spoliatam reliquit ut nunc nomen modo Africani et vestigia violatae religionis maneant, monumenta victoriae fanique ornamenta non exstent; vosque, omnium rerum forensium, consiliorum maximorum, legum iudiciorumque arbitri et testes celeberrimo in loco populi Romani locati, Castor et Pollux, quorum e templo quaestum iste sibi et praedam improbissimam comparavit; omnesque di qui vehiculis tensarum sollemnis coetus ludorum invisitis, quorum iter iste ad suum quaestum, non ad religionum dignitatem faciundum exigendumque curavit; teque,

187. —And you, O Ceres and Libera, whose sacred worship, as the opinions and religious belief of all men agree, is contained in the most important and most abstruse mysteries; you, by whom the principles of life and food, the examples of laws, customs, humanity, and refinement are said to have been given and distributed to nations and to cities; you, whose sacred rites the Roman people has received from the Greeks and adopted, and now preserves with such religious awe, both publicly and privately, that they seem not to have been introduced from other nations, but rather to nave been transmitted from hence to other nations, but which nave been polluted and violated by that man alone, in such a manner, that he had one image of Ceres (which it was impious for a man not only to touch, but even to look upon) pulled down from its place in the temple at Catina, and taken away; and another image of whom he carried away from its proper seat and home at Enna; which was a work of such beauty, that men, when they saw it, thought either that they saw Ceres herself, or an image of Ceres not wrought by human hand, but one that had fallen from heaven;—

187. Ceres et Libera, quarum sacra, sicut opiniones hominum ac religiones ferunt, longe maximis atque occultissimis caerimoniis continentur, a quibus initia vitae atque victus, morum, legum, mansuetudinis, humanitatis hominibus et civitatibus data ac dispertita esse dicuntur, quarum sacra populus Romanus a Graecis adscita et accepta tanta religione et publice et privatim tuetur, non ut ab illis huc adlata, sed ut ceteris hinc tradita esse videantur, quae ab isto uno sic polluta ac violata sunt ut simulacrum Cereris unum, quod a viro non modo tangi sed ne aspici quidem fas fuit, e sacrario Catina convellendum auferendumque curarit, alterum autem Henna ex sua sede ac domo sustulerit, quod erat tale ut homines, cum viderent, aut ipsam videre se Cererem aut effigiem Cereris non humana manu factam, sed de caelo lapsam arbitrarentur, — vos etiam atque etiam imploro et appello, sanctissimae deae, quae illos Hennensis lacus lucosque incolitis, cunctaeque Siciliae, quae mihi defendenda tradita est, praesidetis, a quibus inventis frugibus et in orbem terrarum distributis omnes gentes ac nationes vestri religione numinis continentur;

188. You, again and again I implore and appeal to, most holy goddesses, who dwell around those lakes and groves of Enna, and who preside over all Sicily, which is entrusted to me to be defended; you whose invention and gift of corn, which you have distributed over the whole earth, inspires all nations and all races of men with reverence for your divine power;—And all the other gods, and all the goddesses, do I implore and entreat, against whose temples and religious worship that man, inspired by some wicked frenzy and audacity, has always waged a sacrilegious and impious war, that, if in dealing with this criminal and this cause my counsels have always tended to the safety of the allies, the dignity of the Roman people, and the maintenance of my own character for good faith; if all my cares, and vigilance, and thoughts have been directed to nothing but the discharge of my duty, and the establishment of truth, I implore them, O judges, so to influence you, that the thoughts which were mine when I undertook this cause, the good faith which has been mine in pleading it, may be yours also in deciding it.

188. ceteros item deos deasque omnis imploro et obtestor, quorum templis et religionibus iste nefario quodam furore et audacia instinctus bellum sacrilegum semper impiumque habuit indictum, ut, si in hoc reo atque in hac causa omnia mea consilia ad salutem sociorum, dignitatem rei publicae, fidem meam spectaverunt, si nullam ad rem nisi ad officium et virtutem omnes meae curae vigiliae cogitationesque elaborarunt, quae mea mens in suscipienda causa fuit, fides in agenda, eadem vestra sit in iudicanda;

189. Lastly, that, if all the actions of Caius Verres are unexampled and unheard of instances of wickedness, of audacity, of perfidy, of lust, of avarice, and of cruelty, an end worthy of such a life and such actions may, by your sentence, overtake him; and that the republic, and my own duty to it, may be content with my undertaking this one prosecution, and that I may be allowed for the future to defend the good, instead of being compelled to prosecute the infamous.

189. deinde uti C. Verrem, si eius omnia sunt inaudita et singularia facinora sceleris, audaciae, perfidiae, libidinis, avaritiae, crudelitatis, dignus exitus eius modi vita atque factis vestro iudicio consequatur, utique res publica meaque fides una hac accusatione mea contenta sit, mihique posthac bonos potius defendere liceat quam improbos accusare necesse sit.