In C. Verrem
Cicero, Marcus Tullius
Cicero. The Orations of Marcus Tullius Cicero, Volume 1. Yonge, Charles Duke, translator. London: Bell, 1903.
Is this the man, who when he was accused before that most illustrious man, Cnaeus Pompeius, and when his enemies and accusers charged him, in terms calculated to excite odium against him, rather than true, of having been ill affected to the republic on account of his intimacy and his connections of hospitality with Caius Marius, was acquitted by Cnaeus Pompeius with such language as showed that, from what had come out at that very trial, Cnaeus Pompeius judged him most worthy of his own intimacy? and moreover was defended and extolled by all the Sicilians in such a manner, that Pompeius thought that by his acquittal he had earned, not only the gratitude of the man himself, but that of the whole province? Lastly, is not he the man who had such affection towards the republic, and also such great authority among his fellow-citizens, that he alone in all Sicily, while you were praetor, did what not only no other Sicilian, but what all Sicily even could not do,—namely, prevented you from taking away any statue, any ornament, any sacred vessel, or any public property from Thermae; and that too when there were many remarkable beautiful things there, and though you coveted everything?
See now, what a difference there is between you, in whose name days of festival are kept among the Sicilians, and those splendid Verrean games, are celebrated; to whom gilt statues are erected at Rome, presented by the commonwealth of Sicily, as we see inscribed upon them;—see, I say, what a difference there is between you and this Sicilian, who was condemned by you, the patron of Sicily. Him very many cities of Sicily praise by public resolutions in his favour, by their own evidence, by deputations went hither with that object. You, the patron of all the Sicilians, the solitary state of the Mamertini, the partner of your thefts and crimes, praises publicly; and yet in such a way that, by a new process, the deputies themselves injure your cause, though the deputation praises you. These other states all publicly accuse you, complain of you, impeach you by letters, by deputations, by evidence; and, if you are acquitted, think themselves utterly ruined.
It is in the case of this man and of his property that you have erected a monument of your crimes and cruelty even on Mount Eryx itself; on which is inscribed the name Sthenius of Thermae. I saw a Cupid made of silver, with a torch. What object had you,—what reason was there for employing the plunder of Sthenius on that subject rather than on any other? Did you wish it to be a token of your own cupidity, or a trophy of your friendship and connection of hospitality with him, or a proof of your love towards him? Men, who in their excelling wickedness are pleased not only with their lust and pleasure itself, but also with the fame of their wickedness, do wish to leave in many places the marks and traces of their crimes.
He was burning with love of that hostess for whose sake he had violated the laws of hospitality. He wished that not only to be known, but also to be recorded for ever. And therefore, out of the proceeds of that very action which he had performed, Agathinus being the accuser, he thought that a reward was especially due to Venus, who had caused the prosecution and the whole proceeding. I should think you grateful to the Gods if you had given this gift to Venus, not out of the property of Sthenius, but out of your own, as you ought to have done, especially as an inheritance had come to you from Chelidon that very same year.
On these grounds now, even if I had not undertaken this cause at the request of all the Sicilians; if the whole province had not requested this favour of me; if my affection and love for the republic, and the injury done to the credit of our order and of the courts of justice, had not compelled me to do so; and if this had been my only reason, that you had so cruelly, and wickedly, and abominably treated my friend and connection [*](I have in some instances translated hospes “friend,” and oftener still “connection,” though either word is far from representing adequately the idea of the Latin hospes, because, as modern manners are unacquainted with the usage, modern languages have no word to express it.) Sthenius, to whom I had formed an extraordinary attachment in my quaestorship, of whom I had the highest possible opinion, whom while I was in the province I knew to be most zealous and earnest for my reputation,—I should still think I had plenty of reason to incur the enmity of a most worthless man, in order to defend the safety and fortunes of my friend.
Many men have done the same in the times of our ancestors. Lately, too, that most eminent man Cnaeus Domitius did so, who accused Marcus Silanus, a man of consular rank, on account of the injuries done by him to Egritomarus of the Transalpine country, his friend. I should think it became me to follow the example of their good feeling and regard for their duty; and I should hold out hope to my friends and connections to think that they would live a safer life owing to my protection. But when the cause of Sthenius draws along with it the common calamity of the whole province, and when many of my friends and connections are being defended by me at the same time, both in their public and private interests, I ought not in truth to fear that any one can suppose that I have done what I have in undertaking this cause under the pressure and compulsion of any motive except that of the strictest duty. And that we may at last give up speaking of the investigations made, and the judicial proceedings conducted, and of the decisions given by that man; and as his exploits of that class are countless, let us put some bounds and limits to our speech and accusation. We will take a few cases of another sort.
You have heard Quintus Varius say, that his agents paid that man a hundred and thirty thousand sesterces for a decision in his cause. You recollect that the evidence of Quintus Varius was corroborated, and that this whole affair was proved by the testimony of Caius Sacerdos, a most excellent man. You know that Cnaeus Sertius and Marcus Modius, Roman knights, and that six hundred Roman citizens besides, and many Sicilians, said that they had given that money for decisions in their causes. And why need I dilate upon this accusation when the whole matter is set plainly forth in the evidence? Why should I argue about what no one can doubt? Or will any man in the world doubt that he set up his judicial decisions for sale in Sicily, when at Rome he sold his very edict and all his decrees? and that he received money from the Sicilians in issuing extraordinary decrees, when he actually made a demand on Marcus Octavius Ligur for giving a decision on his cause?
For what method of extorting money did he ever omit? What method did he fail to devise, even if it had escaped the notice of every one else? Was anything in the Sicilian states ever sought to be obtained in which there is any honour, any power, or any authority, that you did not make it a source of your own gain, and sell it to the best bidder? At the former pleading evidence was given of both a public and a private nature; deputies from Centuripa, from Halesa, from Catina, and from Panormus, and from many other cities gave evidence; but now, also, a great many private individuals have been examined, by whose testimony you have ascertained that no one in all Sicily for the space of three years was ever made senator in any city for nothing,—no one by vote, as their laws prescribe,—no one except by his command, or by his letters; and that in the appointment of all these senators, not only were no votes given, but there was not even any consideration of those families from which it was lawful to select men for that body, nor of their income, nor of their age; nor were any other of the Sicilian laws of the slightest influence.
Whoever wished to be made a senator, though he was a boy, though he was unworthy, though he was of a class from which it was not lawful to take senators; still, if he paid money enough to appear in his eyes a fit man to gain his object, so it always was. Not only the laws of the Sicilians had no influence in this matter, but even those which had been given to them by the senate and people of Rome had none either. For the laws which he makes who has the supreme command given to him by the Roman people, and authority to make laws conferred on him by the senate, ought to be considered the laws of the senate and people of Rome.
The citizens of Halesa, who were till lately in the enjoyment of their own laws, in return for the numerous and great services and good deeds done both by themselves and by their ancestors to our republic, lately in the consulship of Lucius Licinius and Quintus Mucius, requested laws from our senate, as they had disputes among themselves about the elections into their senate. The senate, by a very honourable decree, voted that Caius Claudius Pulcher, the son of Appius the praetor, should give them laws to regulate their elections into their senate. Caius Claudius, taking as his counselors all the Marcelli who were then alive, with their advice gave laws to the men of Halesa in which he laid down many rules about the age of the men who might be elected; that no one might be under thirty years of age; about trade,—that no one engaged in it might be elected; about their income, and about all other matters; all which regulations prevailed till that man became praetor by the authority of our magistrates, and with the cordial good-will of the men of Halesa. But from him even a crier who was desirous of it, bought that rank for a sum of money, and boys sixteen and seventeen years old purchased the title of senator; and that which the men of Halesa, our most ancient and faithful allies and friends, had petitioned, and that successfully, at Rome, to have put on such a footing that it might not be lawful for men to be elected even by vote, he now made easy to be obtained by bribery.
The people of Agrigentum have old laws about appointing their senate, given them by Scipio, in which the same principles are laid down, and this one besides,—as there are two classes of Agrigentines, one of the old inhabitants, and the other of the new,—settlers whom Titus Manlius, when praetor, had led from other towns of the Sicilians to Agrigentum, in obedience to a resolution of the senate;—it was provided in the laws of Scipio, that there should not be a greater number of members of the senate taken from the class of settlers than from the old inhabitants of Agrigentum. That man, who had levelled all laws by bribery, and who had taken away all distinction between things for money, not only disturbed all those regulations which related to age, rank, and traffic, but even with respect to these two classes of old and new inhabitants, he disturbed the proportion of their selection.
For when a senator died of the old inhabitants, and when the remaining number of each class was equal, it was necessary, according to the laws, that one of the original inhabitants should be elected in order that there might be the larger number. And though this was the case, still, not only some of the original inhabitants, but also some of the new settlers, came to him to purchase the rank of senator. The result is, that through bribery, one of the new men carries the day, and gets letters of appointment from the praetor. The Agrigentines send deputies to him to inform him of their laws, and to explain to him the invariable usage of past years, in order that he might be aware that he had sold that rank to one with whom he had no right even to treat on the subject. By whose speech, as he had already received the money, he was not in the least influenced.
He did the same thing at Heraclea. For thither also Publius Rupilius led settlers and gave them similar laws about the appointment of the senate, and about the number of the old and new senators. There he did not only receive money, as he did in the other cities, but he even confused the class of the original inhabitants and of the new settlers. Do not wait for me to go through all the cities of Sicily in my speech. In this one statement I comprehend everything,—that no one could be made a senator while he was praetor except those who had given him money.
And I carry on the same charge to all magistracies, agencies, and priesthoods; by which acts he has not only trampled on the laws of men, but on all the religious reverence due to the immortal gods. There is at Syracuse a law respecting their religion, which enjoins a priest of Jupiter to be taken by lot every year; and that priesthood is considered among the Syracusans as the most honourable.
When three men have been selected by vote out of the three classes of citizens, the matter is decided by lot. He by his absolute command had contrived to have his intimate friend Theomnastus returned among the three by vote. When it came to the decision by lot, which he could not command, men were waiting to see what he would do. The fellow at first forbade them to elect by lot, as that seemed the easiest way, and ordered Theomnastus to be appointed without casting lots. The Syracusans say that cannot possibly be done, according to the reverence due to their sacred laws; they say it would be impious. He orders the law to be read to him. It is read. In it was written, “that as many lots were to be thrown into the urn as there were names returned; that he whose name was drawn was to have the priesthood.” He then, ingenious and clever man! said, “Capital! it is written, ‘As many lots as there are names returned;’ how many names then were returned?” It is answered, “Three.” “Is there then anything necessary except that three lots should be put in, and one drawn out?” “Nothing.” He orders three lots to be put in, on all of which was written the name of Theomnastus. A great outcry arises as it seemed to every one a scandalous and infamous proceeding. And so by these means that most honourable priesthood is given to Theomnastus.
At Cephalaedium there is a regular month, in which the pontifex is bound to be appointed. A man of the name of Artemo, surnamed Climachias, was desirous of that honour a man of sufficient riches to be sure, and of noble family; but he could not possibly have been appointed if a man of the name of Herodotus had been present. For that place and rank was thought to be so decidedly due to him for that year, that even Climachias could say nothing against him. The matter is referred to Verres, and is decided according to his usual fashion. Some beautiful and valuable specimens of carving are removed from Artemo's. Herodotus was at Rome; he thought that he should arrive in time enough for the comitia if he came the day before. Verres, in order that the comitia might not be held in any other month than the regular one, and that the honour might not be refused to Herodotus when he was present, (a thing which he was not anxious for, and which Climachias was very eager to avoid,) contrives, (I have said before, there is no one cleverer, and never was, in his way,)—he contrives, I say, how the comitia may be held in the regular month for them, and yet Herodotus may not be able to be present.
It is a custom of the Sicilians, and of the rest of the Greeks, because they wish their days and months to agree with the calculations as to the sun and moon, if there be any difference sometimes to take out a day, or, at most, two days from a month, which they call e)caire/simoi. And so also they sometimes make a month longer by a day or by two days. And when he heard of that, he, this new astronomer, who was thinking not so much of the heavens as of the heavy plate, [*](The original puns on the resemblance between caelum, “heaven,” and caelatum, “carved” or “chased.”) he orders (not a day to be taken out of the month, but) a month and a half to be taken out of the year; so that the day which, as one may say, ought to have been the thirteenth of January, became the first of March. And that is done in spite of the remonstrances and indignation of every one. That was the legitimate day for holding the comitia. On that day Climachias is declared to have been elected priest.
When Herodotus returns from Rome, fifteen days, as he supposed, before the comitia, he comes on the month of the comitia, when the comitia have been held thirty days before. Then the people of Cephalaedium voted an intercalary month of forty-five days, in order that the rest of the months might fall again into their proper season. If these things could be done at Rome, no doubt he would somehow or other have contrived to have the forty-five days between the two sets of games taken away, during which days alone this trial could take place.
But now it is worth while to see how the censors were appointed in Sicily while that man was praetor. For that is the magistracy among the Sicilians, the appointments to which are made by the people with the greatest care, because all the Sicilians pay a yearly tax in proportion to their incomes; and, in making the census, the power is entrusted to the censor of making every sort of valuation, and of determining the total amount of every man's contribution. Therefore the people choose with the greatest care the man in whom they can place the greatest confidence in a matter affecting their own property; and on account of the greatness of the power, this magistracy is an object of the greatest ambition.
In such a matter, Verres did not choose to do any thing obscurely, nor to play tricks in the drawing of lots, nor to take days out of the calendar. He did not choose to do anything in an underhand manner, or by means of artifice; but in order to take away the fondness and desire for honours and ambition out of every city, feelings which usually tend to the ruin of a state, he declared that he should appoint the censors in every city.