1. Many things, O judges, must be necessarily passed over by me, in order that I may be able at last to speak in some manner of those matters which have been entrusted to my good faith. For I have undertaken the cause of Sicily; that is the province which has tempted me to this business. But when I took upon myself this burden, and undertook the cause of Sicily, in my mind I embraced a wider range, for I took upon myself also the cause of my whole order—I took upon myself the cause of the Roman people; because I thought that in that case alone could a just decision be come to, if not only a wicked criminal was brought up, but if at the same time a diligent and firm accuser came before the court.
1. mihi necessario, iudices, praetermittenda sunt, ut possim aliquo modo aliquando de his rebus quae meae fidei commissae sunt dicere. enim causam Siciliae: ea me ad hoc negotium provincia attraxit. tamen hoc onere suscepto et recepta causa Siciliensi amplexus animo sum aliquanto amplius. enim causam totius ordinis, suscepi causam rei publicae, quod putabam tum denique recte iudicari posse si non modo reus improbus adduceretur, sed etiam diligens ac firmus accusator ad iudicium veniret.
2. On which account I must the sooner come to the cause of Sicily omitting all mention of his other thefts and iniquities, in order that I may be able to handle it while my strength is yet unimpaired, and that I may have time enough to dilate fully on the business. And before I begin to speak of the distresses of Sicily, it seems to me that I ought to say a little of the dignity and antiquity of that province, and of the advantage which it is to us. For as you ought to have a careful regard for all the allies and provinces, so especially ought you to have a regard for Sicily, O judges, for many, and those the greatest, reasons:—First, because of all foreign nations Sicily was the first who joined herself to the friendship and alliance of the Roman people. She was the first to be called a province; and the provinces are a great ornament to the empire. She was the first who taught our ancestors how glorious a thing it was to rule over foreign nations. She alone has displayed such good faith and such good will towards the Roman people, that the states of that island which have once come into our alliance have never revolted afterwards, but many of them, and those the most illustrious of them, have remained firm to our friendship for ever.
2. mihi maturius ad Siciliae causam veniendum est relictis ceteris eius furtis atque flagitiis, ut et viribus quam integerrimis agere et ad dicendum temporis satis habere possim. antequam de incommodis Siciliae dico, pauca mihi videntur esse de provinciae dignitate, vetustate, utilitate dicenda. cum omnium sociorum provinciarumque rationem diligenter habere debetis, tum praecipue Siciliae, iudices, plurimis iustissimisque de causis, primum quod omnium nationum exterarum princeps Sicilia se ad amicitiam fidemque populi Romani adplicavit. omnium, id quod ornamentum imperi est, provincia est appellata; prima docuit maiores nostros quam praeclarum esset exteris gentibus imperare; sola fuit ea fide benivolentiaque erga populum Romanum ut civitates eius insulae, quae semel in amicitiam nostram venissent, numquam postea deficerent, pleraeque autem et maxime inlustres in amicitia perpetuo manerent.
3. Therefore our ancestors made their first strides to dominion over Africa from this province. Nor would the mighty power of Carthage so soon have fallen, if Sicily had not been open to us, both as a granary to supply us with corn, and as a harbour for our fleets. Wherefore, Publius Africanus, when he had destroyed Carthage, adorned the cities of the Sicilians with most beautiful statues and monuments, in order to place the greatest number of monuments of his victory among those whom he thought were especially delighted at the victory of the Roman people.
3. maioribus nostris in Africam ex hac provincia gradus imperi factus est; neque enim tam facile opes Carthaginis tantae concidissent nisi illud et rei frumentariae subsidium et receptaculum classibus nostris pateret. P. Africanus Carthagine deleta Siculorum urbis signis monumentisque pulcherrimis exornavit, ut, quos victoria populi Romani maxime laetari arbitrabatur, apud eos monumenta victoriae plurima conlocaret.
4. Afterwards that illustrious man, Marcus Marcellus himself, whose valour in Sicily was felt by his enemies, his mercy by the conquered, and his good faith by all the Sicilians, not only provided in that war for the advantage of his allies, but spared even his conquered enemies. When by valour and skill he had taken Syracuse, that most beautiful city, which was not only strongly fortified by art, but was protected also by its natural advantages—by the character of the ground about it, and by the sea—he not only allowed it to remain without any diminution of its strength, but he left it so highly adorned, as to be at the same time a monument of his victory, of his clemency, and of his moderation; when men saw both what he had subdued, and whom he had spared, and what he had left behind him. He thought that Sicily was entitled to have so much honour paid to her, that he did not think that he ought to destroy even an enemy's city in an island of such allies.
4. ille ipse M. Marcellus, cuius in Sicilia virtutem hostes, misericordiam victi, fidem ceteri Siculi perspexerunt, non solum sociis in eo bello consuluit, verum etiam superatis hostibus temperavit. Vrbem pulcherrimam Syracusas, —quae cum manu munitissima esset, tum loci natura terra ac mari clauderetur,—cum vi consilioque cepisset, non solum incolumem passus est esse, sed ita reliquit ornatam ut esset idem monumentum victoriae, mansuetudinis, continentiae, cum homines viderent et quid expugnasset et quibus pepercisset et quae reliquisset: tantum ille honorem habendum Siciliae putavit ut ne hostium quidem urbem ex sociorum insula tollendam arbitraretur.
5. And therefore we have always so esteemed the island of Sicily for every purpose, as to think that whatever she could produce was not so much raised among the Sicilians as stored up in our own homes. When did she not deliver the corn which she was bound to deliver, by the proper day? When did she fail to promise us, of her own accord, whatever she thought we stood in need of? When did she ever refuse anything which was exacted of her? Therefore that illustrious Marcus Cato the wise called Sicily a storehouse of provisions for our republic—the nurse of the Roman people. But we experienced, in that long and difficult Italian war which we encountered, that Sicily was not only a storehouse of provisions to us, but was also an old and well-filled treasury left us by our ancestors; for, supplying us with hides, with tunics, and with corn, it clothed, armed, and fed our most numerous armies, without any expense at all to us.
5. ad omnis res sic illa provincia semper usi sumus ut, quicquid ex sese posset efferre, id non apud nos nasci, sed domi nostrae conditum iam putaremus. deberet non ad diem dedit? quando id quod opus esse putaret non ultro pollicita est? quando id quod imperaretur recusavit? ille M. Cato cellam penariam rei publicae nostrae, nutricem plebis Romanae Siciliam nominabat. vero experti sumus Italico maximo difficillimoque bello Siciliam nobis non pro penaria cella, sed pro aerario illo maiorum vetere ac referto fuisse; nam sine ullo sumptu nostro, coriis, tunicis, frumentoque suppeditando, maximos exercitus nostros vestivit, aluit, armavit.
6. What more need I say? How great are these services, O judges, which perhaps we are hardly aware we are receiving,—that we have many wealthy citizens, that they have a province with which they are connected, faithful and productive to which they may easily make excursions, where they may be welcome to engage in traffic; citizens, some of whom she dismisses with gain and profit by supplying them with merchandise, some she retains, as they take a fancy to turn farmers, or graziers, or traders in her land, or even to pitch in it their habitations and their homes. And this is no trifling advantage to the Roman people, that so vast a number of Roman citizens should be detained so near home by such a respectable and profitable business.
6. ? illa quae forsitan ne sentiamus quidem, iudices, quanta sunt! quod multis locupletioribus civibus utimur, quod habent propinquam fidelem fructuosamque provinciam, quo facile excurrant, ubi libenter negotium gerant; quos illa partim mercibus suppeditandis cum quaestu compendioque dimittit, partim retinet, ut arare, ut pascere, ut negotiari libeat, ut denique sedes ac domicilium conlocare; quod commodum non mediocre rei publicae est, tantum civium numerum tam prope a domo tam bonis fructuosisque rebus detineri.
7. And since our tributary nations and our provinces are, as it were, farms belonging to the Roman people; just as one is most pleased with those farms which are nearest to one, so too the suburban character of this province is very acceptable to the Roman people. And as to the inhabitants themselves, O judges, such is their patience their virtue, and their frugality, that they appear to come very nearly up to the old-fashioned manners of our country, and not to those which now prevail. There is nothing then like the rest of the Greeks; no sloth, no luxury; on the contrary there is the greatest diligence in all public and private affairs, the greatest economy, and the greatest vigilance. Moreover, they are so fond of our nation that they are the only people where neither a publican nor a money-changer is unpopular.
7. quoniam quasi quaedam praedia populi Romani sunt vectigalia nostra atque provinciae, quem ad modum vos propinquis vestris praediis maxime delectamini, sic populo Romano iucunda suburbanitas est huiusce provinciae. vero hominum ipsorum, iudices, ea patientia virtus frugalitasque est ut proxime ad nostram disciplinam illam veterem, non ad hanc quae nunc increbruit videantur accedere: nihil ceterorum simile Graecorum, nulla desidia, nulla luxuries, contra summus labor in publicis privatisque rebus, summa parsimonia, summa diligentia. porro nostros homines diligunt ut iis solis neque publicanus neque negotiator odio sit.
8. And they have born the injuries of many of our magistrates with such a disposition, that they have never till this time fled by any public resolution to the altar of our laws and to your protection; although they endured the misery of that year which so prostrated them that they could not have been preserved through it, if Caius Marcellus had not come among them, by some special providence, as it were, in order that the safety of Sicily might be twice secured by the same family. Afterwards, too, they experienced that terrible government of Marcus Antonius. For they had had these principles handed down to them from their ancestors, that the kindnesses of the Roman people to the Sicilians had been so great, that they ought to think even the injustice of some of our men endurable.
8. autem nostrorum iniurias ita multorum tulerunt ut numquam ante hoc tempus ad aram legum praesidiumque vestrum publico consilio confugerint, tametsi et illum annum pertulerant qui sic eos adflixerat ut salvi esse non possent, nisi C. Marcellus quasi aliquo fato venisset, ut bis ex eadem familia salus Siciliae constitueretur, et post M. Antoni infinitum illud imperium senserant. a maioribus suis acceperant, tanta populi Romani in Siculos esse beneficia ut etiam iniurias nostrorum hominum perferendas putarent.
9. The states have never before this man's time given any public evidence against any one. And they would have borne even this man himself, if he had sinned against them like a man, in any ordinary manner; or in short, in any one single kind of tyranny. But as they were unable to endure luxury, cruelty, avarice, and pride, when they had lost by the wickedness and lust of one man all their own advantages, all their own rights, and all fruits of the kindness of the senate and the Roman people, they determined either to avenge themselves for the injuries they had suffered from that man by your instrumentality or if they seemed to you unworthy of receiving aid and assistance at your hands, then to leave their cities and their homes, since they had already left their fields, having been driven out of them by his injuries.
9. neminem civitates ante hunc testimonium publice dixerunt; hunc denique ipsum pertulissent, si humano modo, si usitato more, si denique uno aliquo in genere peccasset. cum perferre non possent luxuriem, crudelitatem, avaritiam, superbiam, cum omnia sua commoda, iura, beneficia senatus populique Romani unius scelere ac libidine perdidissent, hoc statuerunt, aut illius iniurias per vos ulcisci ac persequi, aut, si vobis indigni essent visi quibus opem auxiliumque ferretis, urbis ac sedes suas relinquere, quandoquidem agros iam ante istius iniuriis exagitati reliquissent.
10. With this design all the deputations begged of Lucius Metellus that he would come as his successor as early as possible; with these feelings, they so often bewailed their miseries to their patrons; agitated by this indignation, they addressed the consuls with demands, which seemed to be not demands, but charges against that tyrant. They contrived also, by their indignation and their tears, to draw me, whose good faith and moderation they had experienced, almost from the employment of my life, in order to become his accuser; an action with which both the settled plan of my life and my inclination are utterly inconsistent (although in this business I appear to have undertaken a cause which has more parts of defence than of accusation in it).
10. consilio ab L. Metello legationes universae petiverunt ut quam primum isti succederet, hoc animo totiens apud patronos de suis miseriis deplorarunt, hoc commoti dolore postulata consulibus, quae non postulata sed in istum crimina viderentur esse, ediderunt. etiam ut me, cuius fidem continentiamque cognorant, prope de vitae meae statu dolore ac lacrimis suis deducerent ut ego istum accusarem, a quo mea longissime ratio voluntasque abhorrebat; quamquam in hac causa multo pluris partis mihi defensionis quam accusationis suscepisse videor.
11. Lastly, the most noble men and the chief men of the whole province have come forward both publicly and privately; every city of the greatest authority—every city of the highest reputation—have come forward with the greatest earnestness to prosecute its oppressor for its injuries. But how, O judges, have they come? It seems to me that I ought to speak before you now on behalf of the Sicilians with more freedom than perhaps they themselves wish. For I shall consult their safety rather than their inclination. Do you think that there was ever any criminal in any province defended in his absence against the inquiry into his conduct urged by his accuser, with such influence, and with such zeal? The quaestors of both provinces, who were so while he was praetor, stood close to me with their forces.
11. ex tota provincia homines nobilissimi primique publice privatimque venerunt, gravissima atque amplissima quaeque civitas vehementissime suas iniurias persecuta est. (11) quem ad modum, iudices, venerunt? enim mihi iam liberius apud vos pro Siculis loqui debere quam forsitan ipsi velint: saluti potius eorum consulam quam voluntati. existimatis umquam ulla in provincia reum absentem contra inquisitionem accusatoris tantis opibus, tanta cupiditate esse defensum? utriusque provinciae qui isto praetore fuerant cum fascibus mihi praesto fuerunt:
12. Those also who succeeded them, very zealous for his interests, liberally fed from his stores, were no less vehement against me. See how great was his influence who had four quaestors in one province, most zealous defenders and bulwarks of his cause; and the praetor and all his train so zealous in his interest, that it was quite plain, that it was not Sicily, which they had come upon when stripped bare, so much as Verres himself, who had left it loaded, which they looked upon as their province. They began to threaten the Sicilians, if they decreed any deputations to make statements against him; to threaten any one who had gone on any such deputation, to make most liberal promises to others, if they spoke well of him; to detain by force and under guard the most damaging witnesses of his private transactions, whom we had summoned by word of mouth to give evidence.
12. his porro qui successerunt, vehementer istius cupidi, liberaliter ex istius cibariis tractati, non minus acres contra me fuerunt. quid potuerit qui quattuor in una provincia quaestores studiosissimos defensores propugnatoresque habuerit, praetorem vero cohortemque totam sic studiosam ut facile appareret non tam illis Siciliam, quam inanem offenderant, quam Verrem ipsum, qui plenus decesserat, provinciam fuisse. Siculis si decrevissent legationes quae contra istum dicerent, minari si qui essent profecti, aliis si laudarent benignissime promittere, gravissimos privatarum rerum testis, quibus nos praesentibus denuntiavimus, eos vi custodiisque retinere.
13. And though all this was done, yet know ye, that there was but one single city, that, namely, of the Mamertines, which by public resolution sent ambassadors to speak in his favour. But you heard the chief man of that embassy, the most noble man of that state, Caius Eleius, speak on his oath, and say, that Verres had had a transport of the largest size built at Messana, the work being contracted for at the expense of the city. And that same ambassador of the Mamertines, his panegyrist, said that he had not only robbed him of his private property, but had also carried away his sacred vessels, and the images of the Di Penates, which he had received from his ancestors, out of his house. A noble panegyric; when the one business of the ambassadors is discharged by two operations, praising the man and demanding back what has been stolen by him. And on what account that very city is friendly to him, shall be told in its proper place. For you will find that those very things which are the causes of the Mamertines bearing him good-will, are themselves sufficiently just causes for his condemnation. No other city, O judges, praises him by public resolution.
13. cum omnia facta sint, tamen unam solam scitote esse civitatem Mamertinam quae publice legatos, qui istum laudarent, miserit. autem legationis principem, civitatis nobilissimum civem, C. Heium, iuratum dicere audistis isti navem onerariam maximam Messanae esse publice coactis operis aedificatam; idemque Mamertinorum legatus, istius laudator, non solum istum bona sua, verum etiam sacra deosque penatis a maioribus traditos ex aedibus suis eripuisse dixit. laudatio, cum duabus in rebus legatorum una opera consumitur, in laudando atque repetendo! ea ipsa civitas qua ratione isti amica sit, dicetur certo loco; reperietis enim, quae causae benivolentiae Mamertinis erga istum sint, eas ipsas causas satis iustas esse damnationis. Alia civitas nulla, iudices, publico consilio laudat.
14. The power of supreme authority has had so much influence with a very few men, not in the cities, that either some most insignificant people of the most miserable and deserted towns were found who would go to Rome without the command of their people or their senate, or on the other hand, those who had been voted as ambassadors against him, and who had received the public evidence to deliver, and the public commission, were detained by force or by fear. And I am not vexed at this having happened in a few instances, in order that the rest of the cities, so numerous, so powerful, and so wise,—that all Sicily, in short, should have all the more influence with you when you see that they could be restrained by no force, could be hindered by no danger, from making experiment whether the complaints of your oldest and most faithful allies had any weight with you.
14. illa summi imperi tantum potuit apud perpaucos homines, non civitates, ut aut levissimi quidam ex miserrimis desertissimisque oppidis invenirentur qui iniussu populi ac senatus proficiscerentur, aut ii qui contra istum legati decreti erant, et testimonium publicum mandataque acceperant, vi ac metu retinerentur. ego in paucis tamen usu venisse non moleste tuli, quo reliquae tot et tantae et tam graves civitates, tota denique Sicilia plus auctoritatis apud vos haberet, cum videretis nulla vi retineri, nullo periculo prohiberi potuisse quo minus experirentur ecquid apud vos querimoniae valerent antiquissimorum fidelissimorumque sociorum.
15. For as to what some of you may, perhaps, have heard, that he had a public encomium passed upon him by the Syracusans, although in the former pleading you learnt from the evidence of Heraclius the Syracusan what sort of encomium it was, still it shall be proved to you in another place how the whole matter really stands as far as that city is concerned For you shall see clearly that no man has ever been so hated by any people as that man both is and has been by the Syracusans. But perhaps it is only the native Sicilians who are persecuting him: the Roman citizens who are trading in Sicily defend him, love him, desire his safety. First of all, if that were the case, still in this trial for extortion, which has been established for the sake of the allies, according to that law and forms of proceeding which the allies are entitled to, you ought to listen to the complaints of the allies.
15. quod fortasse non nemo vestrum audierit, istum a Syracusanis publice laudari, id tametsi priore actione ex Heraclii Syracusani testimonio cuius modi esset cognovistis, tamen vobis alio loco ut se tota res habeat, quod ad eam civitatem attineat, demonstrabitur. enim nullis hominibus quemquam tanto odio quanto istum Syracusanis et esse et fuisse. enim istum Siculi soli persequuntur: cives Romani qui negotiantur in Sicilia defendunt, diligunt, salvum esse cupiunt., si ita esset, tamen vos in hac quaestione de pecuniis repetundis, quae sociorum causa constituta est lege iudicioque sociali, sociorum querimonias audire oporteret.
16. But you were able to see clearly in the former pleading, that many Roman citizens from Sicily, most honourable men, gave evidence about most important transactions, both as to injuries which they had received themselves, and injuries which they knew had been inflicted on others. I, O judges, affirm in this way what I know. I seem to myself to have done an action acceptable to the Sicilians in seeking to avenge their injuries with my own labour, at my own peril, and at the risk of incurring enmity in some quarters; and I am sure that this which I am doing is not less acceptable to our own citizens, who think that the safety of their rights, of their liberty, of their properties and fortunes, consists in tho condemnation of that man.
16. intellegere potuistis priore actione civis Romanos honestissimos ex Sicilia plurimis maximisque de rebus, et quas ipsi accepissent iniurias et quas scirent esse aliis factas, pro testimonio dicere. hoc quod intellego, iudices, sic confirmo. mihi gratum fecisse Siculis quod eorum iniurias meo labore, inimicitiis, periculo sim persecutus: non minus hoc gratum me nostris civibus intellego fecisse, qui hoc existimant, iuris libertatis rerum fortunarumque suarum salutem in istius damnatione consistere.
17. On which account, while speaking of his Sicilian praetorship, I will not object to your listening to me on this condition, that if he has been approved of by any description of men whatever; whether of Sicilians or of our own citizens; if he has been approved of by any class of men, whether agriculturists, or graziers, or merchants; if he has not been the common enemy and plunderer of all these men,—if, in short, he has ever spared any man in any thing, then you, too, shall spare him. Now, as soon as Sicily fell to him by lot as his province, immediately at Rome, while he was yet in the city, before he departed, he began to consider within himself and to deliberate with his friends, by what means he might make the greatest sum of money in that province in one year. He did not like to learn while he was acting, (though he was not entirely ignorant and inexperienced in the oppression of a province,) but he wished to arrive in Sicily with all his plans for plunder carefully thought of and prepared.
17. de istius praetura Siciliensi non recuso quin ita me audiatis ut, si cuiquam generi hominum sive Siculorum sive nostrorum civium, si cuiquam ordini sive aratorum sive pecuariorum sive mercatorum probatus sit, si non horum omnium communis hostis praedoque fuerit, si cuiquam denique in re umquam ulla temperarit, ut vos quoque ei temperetis. simul atque ei sorte provincia Sicilia obvenit, statim Romae, ab urbe antequam proficisceretur, quaerere ipse secum et agitare cum suis coepit quibusnam rebus in ea provincia maximam uno anno pecuniam facere posset. in agendo discere,—tametsi non provinciae rudis erat et tiro: [sed Siciliae ] paratus ad praedam meditatusque venire cupiebat.
18. Oh how correct was the augury diffused by common report and common conversation among the people in that province! when from his very name men augured in a jesting way what he would do in the province. Indeed, who could doubt, when they recollected his flight and robbery in his quaestorship—when they considered his spoliation of temples and shrines in his lieutenancy—when they saw in the forum the plunder of his praetorship—what sort of man he was likely to prove in the fourth act of his villainy? And that you may be aware that he inquired at Rome not only into the different kinds of robbery which he might be able to execute, but into the very names of his victims, listen to this most certain proof, by which you will be able more easily to form an opinion of his unexampled impudence.
18. O praeclare coniectum a vulgo in illam provinciam omen communis famae atque sermonis, cum ex nomine istius quid iste in provincia facturus esset perridicule homines augurabantur! quis dubitare posset, cum istius in quaestura fugam et furtum recognosceret, cum in legatione oppidorum fanorumque spoliationes cogitaret, cum videret in foro latrocinia praeturae, qualis iste in quarto actu improbitatis futurus esset? ut intellegatis eum Romae quaesisse non modo genera furandi, sed etiam nomina certissima, accipite argumentum quo facilius de singulari eius impudentia existimare possitis.
19. The very day on which he reached Sicily, (see now whether he was not come, according to that omen bruited about the city,) prepared to sweep the province pretty clean, he immediately sends letters from Messana to Halesa, which I suppose he had written in Italy. For, as soon as he disembarked from the ship, he gave orders that Dio of Halesa should come to him instantly; saying that he wished to make inquiry about an inheritance which had come to his son from a relation, Apollodorus Laphiro.
19. die Siciliam attigit—videte satisne paratus ex illo omine urbano ad everrendam provinciam venerit,—statim Messana litteras Halaesam mittit (quas ego istum in Italia conscripsisse arbitror; nam simul atque e navi egressus est dedit ), Halaesinus ad se Dio continuo veniret; se de hereditate velle cognoscere quae eius filio a propinquo homine, Apollodoro Laphirone, venisset.
20. It was, O judges, a very large sum of money. This Dio, O judges, is now, by the kindness of Quintus Metellus, become a Roman citizen; and in his case it was proved to your satisfaction at the former pleading, by the evidence of many men of the highest consideration, and by the account-books of many men, that a million of sesterces had been paid in order that, after Verres had inquired into the cause, in which there could no possible doubt exist, he might have a decision in his favour;—that, besides that all herds of the highest-bred mares were driven away, that all the plate and embroidered robes which he had in his home were carried off; so that Quintus Dio lost eleven hundred thousand sesterces because an inheritance had come to him, and for no other reason.
20. erat, iudices, pergrandis pecunia. est Dio, iudices, nunc beneficio Q. Metelli civis Romanus factus; de quo multis viris primariis testibus multorumque tabulis vobis priore actione satis factum est, HS deciens numerata esse ut eam causam, in qua ne tenuissima quidem dubitatio posset esse, isto cognoscente obtineret; praeterea greges nobilissimarum equarum abactos, argenti vestisque stragulae domi quod fuerit esse direptum; ita HS deciens Q. Dionem, quod hereditas ei venisset, nullam aliam ob causam perdidisse.
21. What are we to say? Who was praetor when this inheritance came to the son of Dio? The same man who was so when hers came to Annia the daughter of Publius Annius the senator,—the same who was so when his was left to Marcus Ligur the senator, namely Caius Sacerdos. What are we to say? Had no one been troublesome to Dio on the subject at the time?, No more than they had to Ligur, while Sacerdos was praetor. What then?: Did any one make any complaint to Verres? Nobody, unless perhaps you suppose that the informers were ready for him at the strait. When he was still at Rome, he heard that a very great inheritance had come to a certain Sicilian named Dio; that the heir had been enjoined by the terms of the will to erect statues in the forum; that, unless he erected them, he was to be liable to forfeiture to Venus Erycina. Although they had been erected in compliance with the will, still he; Verres, thought, since the name of Venus was mentioned, that he could find some pretext for making money of it.
21. ? haec hereditas quo praetore Dionis filio venerat? quo Anniae, P. Anni senatoris filiae, eodem quo M. Liguri senatori, C. Sacerdote praetore.? tum nemo molestus Dioni fuerat? plus quam Liguri Sacerdote praetore.? tum ad Verrem quis detulit?; nisi forte existimatis ei quadruplatores ad fretum praesto fuisse. urbem cum esset, audivit Dioni cuidam Siculo permagnam venisse hereditatem; heredem statuas iussum esse in foro ponere; nisi posuisset, Veneri Erycinae esse multatum. positae essent ex testamento, tamen putabat, quoniam Veneris nomen esset, causam calumniae se reperturum.
22. Therefore he sets up a man to claim that inheritance for Venus Erycina. For it was not (as would have been usual) the quaestor in whose province Mount Eryx was, who made the demand. A fellow of the name of Naevius Turpo is the claimant, a spy and emissary of Verres, the most infamous of all that band of informers of his, who had been condemned in the praetorship of Caius Sacerdos for many wickednesses. For the cause was such that the very praetor himself when he was seeking for an accuser, could not find one a little more respectable than this fellow. Verres acquits his man of any forfeiture to Venus, but condemns him to pay forfeit to himself. He preferred, forsooth, to have men do wrong rather than gods;—he preferred himself to extort from Dio what was contrary to law, rather than to let Venus take anything that was not due to her.
22. adponit qui petat Veneri Erycinae illam hereditatem. enim quaestor petit, ut est consuetudo, is qui Erycum montem obtinebat: petit Naevius Turpio quidam, istius excursor et emissarius, homo omnium ex illo conventu quadruplatorum deterrimus, C. Sacerdote praetore condemnatus iniuriarum; etenim erat eius modi causa ut ipse praetor, cum quaereret calumniatorem, paulo tamen consideratiorem reperire non posset. hominem Veneri absolvit, sibi condemnat. videlicet homines peccare quam deos: se potius a Dione quod non licebat, quam quod non debebatur auferre.
23. Why need I now in this place recite the evidence of Sextus Pompeius Chlorus, who pleaded Dio's cause? who was concerned in the whole business? A most honourable man, and, although he has long ago been made a Roman citizen in reward for his virtues, still the very chief man and the most noble of all the Sicilians. Why need I recite the evidence of Quintus Caecilius Dio himself, a most admirable and moderate man? Why need I recite that of Lucius Vetecilius Ligur, of Titus Manlius, of Lucius Calenus? by the evidence of all of whom this case about Dio's money was fully established. Marcus Lucullus said the same thing that he had long ago known all the facts of the tyranny practised on Dio, through the connection of hospitality which existed between them.
23. ego hic nunc Sex. Pompei Chlori testimonium recitem, qui causam Dionis egit, qui omnibus rebus interfuit, hominis honestissimi, tametsi civis Romanus virtutis causa iam diu est, tamen omnium Siculorum primi ac nobilissimi? quid ipsius Q. Caecili Dionis, hominis probatissimi ac pudentissimi? quid L. Caecili, L. Liguris, T. Manili, L. Caleni? quorum omnium testimoniis de hac Dionis pecunia confirmatum est. hoc idem M. Lucullus, se de his Dionis incommodis pro hospitio quod sibi cum eo esset iam ante cognosse.
24. What? Did Lucullus, who was at that time in Macedonia, know all these things better than you, O Hortensius, who were at Rome? you to whom Dio fled for aid? you who expostulated with Verres by letter in very severe terms about the injuries done to Dio? Is an this new to you now, and unexpected? is this the first time your ears have heard of this crime?, Did you hear nothing of it from Dio, nothing from your own mother-in-law, that most admirable woman, Servilia, an ancient friend and connection of Dio's? Are not my witnesses ignorant of many circumstances which you are acquainted with? Is it not owing, not to the innocence of your client, but to the exception made by the law, that I am prevented from summoning you as a witness on my side on this charge? [The evidence of Marcus Lucullus, of Chlorus, of Dio is read.] Does not this Venereal man, who went forth from the bosom of Chelidon to his province, appear to you to have got a sufficiently large sum by means of the name of Verres?
24. ? Lucullus, qui tum in Macedonia fuit, melius haec cognovit quam tu, Hortensi, qui Romae fuisti, ad quem Dio confugit, qui de Dionis iniuriis gravissime per litteras cum Verre questus es? tibi haec sunt? inopinata? nunc primum hoc aures tuae crimen accipiunt? nihil ex Dione, nihil ex socru tua, femina primaria, Servilia, vetere Dionis hospita, audisti? multa mei testes quae tu scis nesciunt? nonne te mihi testem in hoc crimine eripuit non istius innocentia, sed legis exceptio?. testimonia Lvcvlli, Chlori, Dionis. vobis magnam pecuniam Venerius homo, qui e Chelidonis sinu in provinciam profectus esset, Veneris nomine quaesisse videtur?
25. Listen now to a no less shamelessly false accusation in a case where a smaller sum was involved. Sosippus and Epicrates were brothers of the town of Agyrium; their father died twenty-two years ago, by whose will, if anything were done wrongly in any point, there was to be a forfeiture of his property to Venus. In the twentieth year after his death, though there had been in the interim so many praetors, so many quaestors, and so many false accusers in the province, the inheritance was claimed from the brothers in the name of Venus. Verres takes cognisance of the cause; by the agency of Volcatius he receives money from the two brothers, about four hundred thousand sesterces. You have heard the evidence of many people already; the brothers of Agyrium gained their cause, but on such terms that they left the court stripped and beggared.
25. aliam in minore pecunia non minus impudentem calumniam. Sosippus et Philocrates fratres sunt Agyrinenses. Horum pater abhinc duo et xx annos est mortuus; in cuius testamento, quodam loco si commissum quid esset, multa erat Veneri. vicensimo anno, cum tot interea praetores, tot quaestores, tot calumniatores in provincia fuissent, hereditas ab his Veneris nomine petita est. Verres cognoscit, pecuniam per Volcatium accipit, fere ad HS cccc milia, a duobus fratribus. testimonia audistis antea. Agyrinenses fratres ita ut egentes inanesque discederent.
26. Oh, but that money never came to Verres. What does that defence mean? is that asserted in this case, or only put out as a feeler? For to me it is quite a new light. Verres set up the accusers; Verres summoned the brother to appear before him; Verres heard the cause; Verres gave sentence. A vast sum was paid; they who paid it gained the cause; and you argue in defence “that money was not paid to Verres.” I can help you; my witnesses too say the same thing; they say they paid it to Volcatius. How did Volcatius acquire so much power as to get four hundred thousand sesterces from two men? Would any one have given Volcatius, if he had come on his own account, one half-farthing? Let him come now, let him try; no one will receive him in his house. But I say more; I accuse you of having received forty millions of sesterces contrary to law; and I deny that you have ever accounted for one farthing of that money; but when money was paid for your decrees, for your orders, for your decisions, the point to be inquired into was not into whose hand it was paid, but by whose oppression it was extorted.
26. enim ad Verrem pecunia ista non pervenit. ista defensio est? utrum adseveratur in hoc an temptatur? mihi enim res nova est. Verres calumniatorem adponebat, Verres adesse iubebat, Verres cognoscebat, Verres iudicabat; pecuniae maximae dabantur; qui dabant causas obtinebant. mihi ita defendas, “est ista Verri numerata pecunia?” te; mei quoque testes idem dicunt; Volcatio dicunt sese dedisse. vis erat in Volcatio tanta ut HS cccc milia duobus hominibus auferret? Volcatio, si sua sponte venisset, unam libellam dedisset? nunc, experiatur: tecto recipiet nemo. ego amplius dico: HS quadringentiens cepisse te arguo contra leges; nego tibi ipsi ullum nummum esse numeratum; sed cum ob tua decreta, ob edicta, ob imperia, ob iudicia pecuniae dabantur, non erat quaerendum cuius manu numerarentur, sed cuius iniuria cogerentur.
27. Those chosen companions of yours were your hands; the prefects, the secretaries, the surgeons, the attendants the soothsayers, the criers, were your hands. The more each individual was connected with you by any relationship, or affinity, or intimacy, the more he was considered one of your bands. The whole of that retinue of yours, which caused more evil to Sicily than a hundred troops of fugitive slaves would have caused, was beyond all question your hand. Whatever was taken by any one of these men, that must be considered not only as having been given to you, but as having been paid into your own hand. For if you, O judges, admit this defence, “He did not receive it himself,” you will put an end to all judicial proceedings for extortion. For no criminal will be brought before you so guilty as not to be able to avail himself of that plea? Indeed, since Verres uses it, what criminal will ever henceforward be found so abandoned as not to be thought equal to Quintus Lucius in innocence by comparison with that man? And even now those who say this do not appear to me to be defending Verres so much as trying, in the instance of Verres, what license of defence will be admitted in other cases.
27. illi tui delecti manus erant tuae; praefecti, scribae, accensi, medici, haruspices, praecones manus erant tuae; ut quisque te maxime cognatione adfinitate necessitudine aliqua attingebat, ita maxime manus tua putabatur; cohors tota illa, quae plus mali Siciliae dedit quam si centum cohortes fugitivorum fuissent, tua manus sine controversia fuit. ab horum quopiam captum est, id non modo tibi datum, sed tua manu numeratum iudicari necesse est. si hanc defensionem probabitis, “accepit ipse,” licet omnia de pecuniis repetundis iudicia tollatis. umquam reus tam nocens nocens Cp al.: v. Anecd. p. xxvii-xxviii. adducetur qui ista defensione non possit uti; etenim cum Verres utatur, quis erit umquam posthac reus tam perditus qui non ad Q. \Muci innocentiam referatur, si cum isto conferatur? nunc tam isti mihi Verrem defendere videntur quam in Verre defensionis temptare rationem.
28. And with reference to this matter, you, O judges, ought to take great care what you do. It concerns the chief interests of the republic, and the reputation of our order, and the safety of the allies. For if we wish to be thought innocent, we must not only show that we ourselves are moderate, but that our companions are so too. First of all, we must take care to take those men with us who with regard our credit and our safety. Secondly, if in the selection of men our hopes have deceived us through friendship for the persons, we must take care to punish them, to dismiss them. We must always live as if we expected to have to give an account of what we have been doing. This is what was said by Africanus, a most kind-hearted man, (but that kind-heartedness alone is really admirable which is exercised without any risk to a man's reputation, as it was by him,) when an old follower of his, who reckoned himself one of his friends, could not prevail on him to take him with him into Africa as his prefect, and was much annoyed at it.
28. de re, iudices, magnopere vobis providendum est: pertinet hoc ad summam rem publicam et ad existimationem ordinis nostri salutemque sociorum. enim innocentes existimari volumus, non solum nos, sed etiam nostros comites praestare debemus. omnium opera danda est ut eos nobiscum educamus qui nostrae famae capitique consulant; deinde, si in hominibus eligendis nos spes amicitiae fefellerit, ut vindicemus, missos faciamus, semper ita vivamus ut rationem reddendam nobis arbitremur. Africani est hoc, hominis liberalissimi—verum tamen ea liberalitas est probanda quae sine periculo existimationis est, ut in illo fuit:
29. “Do not marvel,” said he, “that you do not obtain this from me, for I have been a long time begging a man to whom I believe my reputation to be dear, to go with me as my prefect, and as yet I cannot prevail upon him.” And in truth there is much more reason to beg men to go with us as our officers into a province, if we wish to preserve our safety and our honour, than to give men office as a favour to them; but as for you, when you were inviting your friends into the province, as to a place for plunder, and were robbing in company with them, and by means of them, and were presenting them in the public assembly with golden rings, did it never occur to you that you should have to give an account, not only of yourself, but of their actions also?
29. cum ab eo quidam vetus adsectator et ex numero amicorum non impetraret uti se praefectum in Africam duceret, et id ferret moleste, “,” inquit, “mirari si tu hoc a me non impetras. iam pridem ab eo cui meam existimationem caram fore arbitror peto ut mecum praefectus proficiscatur, et adhuc impetrare non possum.” re vera multo magis est petendum ab hominibus, si salvi et honesti esse volumus, ut eant nobiscum in provinciam, quam in benefici loco deferendum. tu cum et tuos amicos in provinciam quasi in praedam invitabas et cum iis ac per eos praedabare et eos in contione anulis aureis donabas, non statuebas tibi non solum de tuis, sed etiam de illorum factis rationem esse reddendam?
30. When he had acquired for himself these great and abundant gains from these causes which he had determined to examine into himself with his council—that is, with this retinue of his—then he invented an infinite number of expedients for getting bold of a countless amount of money. No one doubts that all the wealth of every man is placed in the power of those men who allow trials to proceed, and of those who sit as judges at the trials, no one doubts that none of us can retain possession of his house, of his farm, or of his paternal property, if, when these are claimed by any one of you, a rascally praetor, whose judgments no one has the power of arresting, can assign any judge whom he chooses, and if the worthless and corrupt judge gives any sentence which the praetor bids him give.
30. hos sibi quaestus constituisset magnos atque uberes ex his causis quas ipse instituerat cum consilio, hoc est cum sua cohorte, cognoscere, tum illud infinitum genus invenerat ad innumerabilem pecuniam corripiendam. Dubium nemini est quin omnes omnium pecuniae positae sint in eorum potestate qui iudicia dant, et eorum qui iudicant, quin nemo vestrum possit aedis suas, nemo fundum, nemo bona patria obtinere, si, cum haec a quopiam vestrum petita sint, praetor improbus, cui nemo intercedere possit, det quem velit iudicem, iudex nequam et levis quod praetor iusserit iudicet.
31. But if this also be added, that the praetor assigns the trial to take place according to such a formula, that even Lucius Octavius Balbus, if he were judge, (a man of the greatest experience in all that belongs to the law and to the duties of a judge,) could not decide otherwise: suppose it ran in this way:—“Let Lucius Octavius be the judge; if it appears that the farm at Capena, which is in dispute, belongs, according to the law of the Roman people, to Publius Servilius, that farm must be restored to Quintus Catulus,” will not Lucius Octavius be bound, as judge, to compel Publius Servilius to restore the farm to Quintus Catulus, or to condemn him whom he ought not to condemn? The whole praetorian law was like that; the whole course of judicial proceedings in Sicily was like that for three years, while Verres was praetor. His decrees were like this:—“If he does not accept what you say that you owe, accuse him; if he claims anything, take him to prison.” He ordered Caius Fuficius, who claimed something, to be taken to prison; so he did Lucius Suetius and Lucius Rucilius. His tribunals he formed in this way:—those who were Roman citizens were to be judges, when Sicilians ought to have been, according to their laws, those who were Sicilians were to be judges, when Romans should have been.
31. vero illud quoque accedit, ut praetor in ea verba iudicium det ut vel L. Octavius Balbus iudex, homo et iuris et offici peritissimus, non possit aliter iudicare, —si iudicium sit eius modi L. Octavivs ivdex esto. si paret fvndum Capenatem, qvo de agitvr, ex ivre Qviritivm P. Servili esse, neqve is fvndvs Q. Catvlo restitvetvr, non necesse erit L. Octavio iudici cogere P. Servilium Q. Catulo fundum restituere, aut condemnare eum quem non oporteat? modi totum ius praetorium, omnis res iudiciaria fuit in Sicilia per triennium Verre praetore. eius modi, si non accipit qvod te debere dicis, accvses; si petit, dvcas: C. Fuficium duci iussit petitorem, L. Suettium, L. Racilium. eius modi: qui cives Romani erant iudicabant si Siculi essent, cum Siculos eorum legibus dari oporteret, qui Siculi, si cives Romani essent.
32. But that you may understand his whole system of judicial proceedings, listen first to the laws of the Sicilians in such uses, and then to the practices this man established. The Sicilians have this law,—that if a citizen of any town has a dispute with a fellow-citizen, he is to decide it in his own town, according to the laws there existing; if a Sicilian has a dispute with a Sicilian of a different city, in that case the praetor is to assign judges of that dispute, according to the law of Publius Rupilius, which be enacted by the advice of ten commissioners appointed to consider the subject, and which the Sicilians call the Rupilian law. If an individual makes a claim in a community, or a community on an individual, the senate of some third city is assigned to furnish the judges, as the citizens of the cities interested in the litigation are rejected as judges in such a case. If a Roman citizen makes a claim on a Sicilian, a Sicilian judge is assigned; if a Sicilian makes a claim on a Roman citizen, a Roman citizen is assigned as judge: in all other matters judges are appointed selected from the body of Roman citizens dwelling in the place. In law-suits between the farmers and the tax collectors, trials are regulated by the law about corn, which they call Lex Hieronica.
32. ut totum genus amplectamini iudiciorum, prius iura Siculorum, deinde istius instituta cognoscite. Siculi hoc iure sunt ut, quod civis cum cive agat, domi certet suis legibus, quod Siculus cum Siculo non eiusdem civitatis, ut de eo praetor iudices ex P. Rupili decreto, quod is de decem legatorum sententia statuit, quam illi legem Rupiliam vocant, sortiatur. privatus a populo petit aut populus a privato, senatus ex aliqua civitate qui iudicet datur, cum alternae civitates reiectae sunt; quod civis Romanus a Siculo petit, Siculus iudex, quod Siculus a civi Romano, civis Romanus datur; ceterarum rerum selecti iudices ex conventu civium Romanorum proponi solent. aratores et decumanos lege frumentaria, quam Hieronicam appellant, iudicia fiunt.
33. All these rights were not only thrown into disorder while that man was praetor, but indeed were openly taken away from both the Sicilians and from the Roman citizens. First of all, their own laws with reference to one another were disregarded. If a citizen had a dispute with another citizen, he either assigned any one as judge whom it was convenient to himself to assign, crier, soothsayer, or his own physician; or if a tribunal was established by the laws, and the parties had come before one of their fellow-citizens as the judge, that citizen was not allowed to decide without control. For, listen to the edict issued by this man, by which edict he brought every tribunal under his own authority: “If any one had given a wrong decision, he would examine into the matter himself; when he had examined, he would punish.” And when he did that, no one doubted that when the judge thought that some one else was doing to sit in judgment on his decision, and that he should be at the risk of his life in the matter, he would consider the inclination of the man who he expected would presently be judging in a matter affecting his down existence as a citizen.
33. omnia isto praetore non modo perturbata, sed plane et Siculis et civibus Romanis erepta sunt. suae leges: quod civis cum civi ageret, aut eum iudicem quem commodum erat,—praeconem, haruspicem, medicum suum,—dabat, aut si legibus erat iudicium constitutum et ad civem suum iudicem venerant, libere civi iudicare non licebat. enim hominis cognoscite, quo edicto omnia iudicia redegerat in suam potestatem, si qvi perperam ivdicasset, se cognitvrvm; cvm cognosset, animadversvrvm. Idque cum faciebat, nemo dubitabat quin, cum iudex alium de suo iudicio putaret iudicaturum seque in eo capitis periculum aditurum, voluntatem spectaret eius quem statim de capite suo putaret iudicaturum.
34. Judges selected from the Roman settlers there were none; none even of the traders in the cities were proposed as judges. The crowd of judges which I am speaking of was the retinue, not of Quintus Scaevola, (who, however, did not make practice of appointing judges from among his own followers,) but of Caius Verres. And what sort of a retinue do you suppose it was when such a man as he was its chief? You see announced in the edict, “If the senate gives an erroneous decision....” I will prove that, if at any time a bench of judges was taken from the senate, that also gave its decisions, through compulsion, on his part, contrary to their own opinions. There never was any selection of the judges by lot, according to the Rupilian law, except when he had no interest whatever in the case. The tribunals established in the case of many disputes by the Lex Hieronica were all abolished by a single edict; no judges were appointed selected from the settlers or from the traders. What great power he had you see; now learn how he exercised it.
34. ex conventu aut propositi ex negotiatoribus iudices nulli: haec copia, quam dico, iudicum cohors non Q. Scaevolae, qui tamen de cohorte sua dare non solebat, sed C. Verris. modi cohortem putatis hoc principe fuisse? videtis edictum, sl qvi perperam ivdicarit senatvs, eum quoque ostendam, si quando sit datus, coactu istius quod non senserit iudicasse. lege Rupilia sortitio nulla, nisi cum nihil intererat istius; lege Hieronica iudicia plurimarum controversiarum sublata uno nomine omnia; de conventu ac negotiatoribus nulli iudices. potestatem habuerit videtis, quas res gesserit cognoscite.
35. Heraclius is the son of Hiero, a Syracusan; a man among the very first for nobility of family, and, before Verres came as praetor, one of the most wealthy of the Syracusans; now a very poor man, owing to no other calamity but the avarice and injustice of that man. An inheritance of at least three millions of sesterces came to him by the will of his relation Heraclius; the house was full of silver plate exquisitely carved, of abundance of embroidered robes, and of most valuable slaves; things in which who is ignorant of the insane cupidity of that man? The fact was a subject of common conversation, that a great fortune had come to Heraclius that Heraclius would not only be rich, but that he would be amply supplied with furniture, plate, robes and slaves.
35. Heraclius est Hieronis filius Syracusanus, homo in primis domi suae nobilis et ante hunc praetorem vel pecuniosissimus Syracusanorum, nunc nulla alia calamitate nisi istius avaritia atque iniuria pauperrimus. hereditas ad HS facile triciens venit testamento propinqui sui Heraclii, plena domus caelati argenti optimi multaeque stragulae vestis pretiosorumque mancipiorum; quibus in rebus istius cupiditates et insanias quis ignorat? in sermone res, magnam Heraclio pecuniam relictam; non solum Heraclium divitem, sed etiam ornatum supellectile, argento, veste, mancipiis futurum.