In C. Verrem

And his authority in the province had just this weight, that no one did strike him, though the praetor in his province gave every one leave by word, and in reality incited them to do so; nor did any one claim anything of him, though he had given licence to false accusation by his authority; yet that heavy mark of ignominy was attached to the man as long as Verres remained in the province. After this fear had been impressed on the judges, in a manner unexampled and wholly without precedent, do you suppose that any matter was decided in Sicily except according to his will and pleasure? Does this appear to have been the only effect of it, (which effect, however, it had,) to take his money from Heraclius? or was not this also the object, as the means by which the greatest plunder was to be got,—to bring, under presence of judicial decision, the property and fortune of every one into the power of that one man?

But why should I seek out every separate transaction and cause in the trials which took place on capital charges? Out of many, which are all nearly alike, I will select those which seem to go beyond all the others in rascality. There was a man of Halicya, named Sopater, among the first men of his state for riches and high character. He, having been accused by his enemies before Caius Sacerdos the praetor, on a capital charge, was easily acquitted. The same enemies again accused this same Sopater on the same charge before Caius Verres when he had come as successor to Sacerdos. The matter appeared trifling to Sopater, both because he was innocent, and because he thought that Verres would never dare to overturn the decision of Sacerdos. The defendant is cited to appear. The cause is heard at Syracuse. Those changes are brought forward by the accusers which had been already previously extinguished, not only by the defence, but also by the decision.

Quintus Minucius, a Roman knight, among the first for a high and honourable reputation, and not unknown to you, O judges, defended the cause of Sopater. There was nothing in the cause which seemed possible to be feared, or even to be doubted about at all. In the meantime that same Timarchides, that fellow's attendant and freedman, who is, as you have learnt by many witnesses at the former hearing, his agent and manager in all affairs of this sort, comes to Sopater, and advised him not to trust too much to the decision of Sacerdos and the justice of his cause; he tells him that his accusers and enemies have thoughts of giving money to the praetor, but that the praetor would rather take it to acquit; and at the same time, that he had rather, if it were possible, not rescind a decision of his predecessor. Sopater, as this happened to him quite suddenly and unexpectedly, was greatly perplexed, and had no answer ready to make to Timarchides, except that he would consider what he had best do in such a case; and at the same time he told him that he was in great difficulties respecting money matters. Afterwards he consulted with his friends; and as they advised him to purchase an acquittal, he came to Timarchides. Having explained his difficulties to him, he brings the man down to eighty thousand sesterces, and pays him that money.

When the cause came to be heard, all who were defending Sopater were without any fear or any anxiety. No crime had been committed; the matter had been decided; Verres had received the money. Who could doubt how it would turn out? The matter is not summed up that day; the court breaks up; Timarchides comes a second time to Sopater. He says that his accusers were promising a much larger sum to the praetor than what he had given, and that if he were wise he would consider what he had best do. The man, though he was a Sicilian, and a defendant—that is to say, though he had little chance of obtaining justice—and was in an unfortunate position, still would not bear with or listen to Timarchides any longer. Do, said he, whatever you please; I will not give any more And this, too, was the advice of his friends and defenders; and so much the more, because Verres, however he might conduct himself on the trial, still had with him on the bench some honourable men of the Syracusan community, who had also been on the bench with Sacerdos when this same Sopater had been acquitted. They considered that it was absolutely impossible for the same men, who had formerly acquitted Sopater, to condemn him now on the same charge, supported by the same witnesses. And so with this one hope they came before the court.

And when they came thither, when the same men came in numbers on the bench who were used to sit there, and when the whole defence of Sopater rested on this hope, namely, on the number and dignity of the bench of judges, and on the fact of their being, as I have said before, the same men who had before acquitted Sopater of the same charge, mark the open rascality and audacity of the man, not attempted to be disguised, I will not say under any reason, but with even the least dissimulation. He orders Marcus Petilius, a Roman knight, whom he had with him on the bench, to attend to a private cause in which he was judge. Petilius refused, because Verres himself was detaining his friends whom he had wished to have with him on the bench. He, liberal man, said that he did not wish to detain any of the men who preferred being with Petilius. And so they all go; for the rest also prevail upon him not to detain them, saying that they wished to appear in favour of one or other of the parties who were concerned in that trial. And so he is left alone with his most worthless retinue.

Minucius, who was defending Sopater, did not doubt that Verres, since he had dismissed the whole bench, would not proceed with the investigation of his cause that day; when all of a sudden he is ordered to state his case. He answers, “To whom?” “To me,” says Verres, “if I appear to you of sufficient dignity to try the cause of a Sicilian, a Greek.” “Certainly,” says he, “you are of sufficient dignity, but I wish for the presence of those men who were present before, and were acquainted with the case.” “State your case,” says he; “they cannot be present.” “For in truth,” says Quintus Minucius, “Petilius begged me also to be with him on the bench;” and at the same time he began to leave his seat as counsel.

Verres, in a rage, attacks him with pretty violent language, and even began to threaten him severely, for bringing such a charge, and trying to excite such odium against him. Minucius, who lived as a merchant at Syracuse, in such a way as always to bear in mind his rights and his dignity and who knew that it became him not to increase his property in the province at the expense of any portion of his liberty, gave the man such answer as seemed good to him, and as the occasion and the cause required. He said that he would not speak in defence of his client when the bench of judges was sent away and dismissed. And so he left the bar. And all the other friends and advocates of Sopater, except the Sicilians, did the same.

Verres, though he is a man of incredible effrontery and audacity, yet when he was thus suddenly left alone got frightened and agitated. He did not know what to do, or which way to turn. If he adjourned the investigation at that time, he knew that when those men were present, whom he had got rid of for the time, Sopater would be acquitted; but if he condemned an unfortunate and innocent man, (while he himself, the praetor, was without any colleagues, and the defendant without any counsel or patron,) and rescinded the decision of Caius Sacerdos, he thought that he should not be able to withstand the unpopularity of such an act. So he was quite in a fever with perplexity. He turned himself every way, not only as to his mind, but also as to his body; so that all who were present could plainly see that fear and covetousness were contending together in his heart. There was a great crowd of people present, there was profound silence, and eager expectation which way his covetousness was going to find vent. His attendant Timarchides was constantly stooping down to his ear.

Then at last he said, “Come, state your case.” Sopater began to implore him by the good faith of gods and man, to hear the cause in company with the rest of the bench. He orders the witnesses to be summoned instantly. One or two of them give their evidence briefly. No questions are asked. The crier proclaims that the case is closed. Verres, as if he were afraid that Petilius, having either finished or adjourned the private cause on which he was engaged, might return to the bench with the rest, jumps down in haste from his seat; he condemned an innocent man, one who had been acquitted by Caius Sacerdos, without hearing him in his defence, by the joint sentence of a secretary, a physician, and a soothsayer.

Keep, pray keep that man in the city, O judges. Spare him and preserve him, that you may have a man to assist you in judging causes; to declare his opinion in the senate on questions of war and peace, without any covetous desires. Although, indeed, we and the Roman people have less cause to be anxious as to what his opinion in the senate is likely to be: for what will be his authority? When will he have either the daring or the power to deliver his opinion? When will a man of such luxury and such indolence ever attempt to mount up to the senate-house except in the month of February? [*](In the month of February, as has been said before, the senate gave audience to the deputies from foreign nations, and these deputies were accustomed to bring rich presents to the senators who favoured their respective nations.) However, let him come; let him vote war against the Cretans, liberty to the Byzantines; let him call Ptolemy king; let him say and think everything which Hortensius wishes him. These things do not so immediately concern us—have not such immediate reference to the risk of our lives, or to the peril of our fortunes.

What really is of vital importance, what is formidable, what is to be dreaded by every virtuous man, is, that if through any influence this man escapes from this trial, he must be among the judges; he must give his decision on the lives of Roman citizens; he must be standard-bearer in the army of that man [*](Hortensius is meant here.) who wishes to possess undisputed sway over our courts of justice. This the Roman people refuses; this it will never endure; the whole people raises an outcry, and gives you leave, if you are delighted with these men, if you wish from such a set to add splendour to your order, and an ornament to the senate-house, to have that fellow among you as a senator, to have him even as a judge in your own cases, if you choose; but men who are not of your body, men to whom the admirable Cornelian laws do not give the power of objecting to more than three judges, do not choose that this man, so cruel, so wicked, so infamous should sit as judge in matters in which they are concerned.

In truth, if that is a wicked action, (which appears to me to be of all actions the most base, and the most wicked,) to take money to influence a decision in a court of law, to put up one's good faith and religion to auction; how much love wicked, flagitious, and scandalous is it, to condemn a man from whom you have taken money to acquit him?—so that the praetor does not even act up to the customs of robbers, for there is honour among thieves. It is a sin to take money from a defendant; how much more to take it from an accuser! how much more wicked still to take it from both parties! When you had put up your good faith to auction in the province, he had the most weight with you who gave you the most money.—That was natural: perhaps some time or other some one else may have done something of the same sort. But when you had already disposed of your good faith and of your scruples to the one party, and had received the money, and had afterwards sold the very same articles to his adversary for a still higher price, are you going to cheat both, and to decide as you please? and not even to give back the money to the party whom you have deceived?

What is the use of speaking to me of Bulbus, of Stalenus? [*](Bulbus and Stalenus had been judges in the action between Cluentius and Oppianicus, which had been already mentioned, and had been convicted of corruption in that trial.) What monster of this sort, what prodigy of wickedness have we ever heard of or seen, who would first sell his decision to the defendant, and afterwards decide in favour of the accuser? who would get rid of, and dismiss from the bench honourable men who were acquainted with the cause; would by himself alone condemn a defendant, who had been acquitted once from whom he had taken money, and would not restore: him his money?—Shall we have this man on the list of judges Shall he be named as judge in the second senatorial decury? Shall he be the Judge of the lives of free men? Shall a judicial tablet be entrusted to him, which he will mark not only with wax, but with blood too if it be made worth his while?

For what of all these things does he deny having done? That, perhaps, which he must deny or else be silent,—the having taken the money? Why should he not deny it? But the Roman knight who defended Sopater, who was present at all his deliberations and at every transaction, Quintus Minucius, says on his oath that the money was paid; he says on his oath that Timarchides said that a greater sum was being offered by the accusers. All the Sicilians will say the same; all the citizens of Halicya will say the same; even the young son of Sopater will say the same, who by that most cruel man has been deprived of his innocent father and of his father's property.

But if I cannot make the case plain, as far as the money is concerned, by evidence, can you deny this, or will you now deny, that after you had dismissed the rest of the judges, after those excellent men who had sat on the bench with Caius Sacerdos, and who were used to sit there with you, had been got rid of, you by yourself decided a matter which had been decided before?—that the man, whom Caius Sacerdos, assisted by a bench of colleagues, after an investigation of the case, acquitted, you, without any bench of colleagues, without investigating the case, condemned? When you have confessed this, which was done openly in the forum at Syracuse, before the eyes of the whole province; then deny, if you like, that you received money. You will be very likely to find a man, when he sees these things which were done openly, to ask what you did secretly; or to doubt whether he had better believe my witnesses or your defenders.

I have already said, O judges, that I shall not enumerate all that fellow's actions which are of this sort; but that I shall select those which are the most remarkable. Listen now to another remarkable exploit of his, one that has already been mentioned in many places, and one of such a sort that every possible crime seems to be comprehended in that one. Listen carefully, for you will find that this deed had its origin in covetousness, its growth in lust, its consummation and completeness in cruelty.

Sthenius, the man who is sitting by us, is a citizen of Thermae, long since known to many by his eminent virtue and his illustrious birth, and now known to all men by his own misfortune and the unexampled injuries he has received from that man. Verres having often enjoyed his hospitality, and having not only stayed often with him at Thermae, but having almost dwelt with him there, took away from him out of his house everything which could in any uncommon degree delight the mind or eyes of any one. In truth, Sthenius from his youth had collected such things as these with more than ordinary diligence; elegant furniture of brass, made at Delos and at Corinth, paintings, and even a good deal of elegantly wrought silver, as far as the wealth of a citizen of Thermae could afford. And these things, when he was in Asia as a young man, he had collected diligently, as I said, not so much for any pleasure to himself, as for ornaments against the visits of Roman citizens, his own friends and connections, whenever he invited them.

But after Verres got them all, some by begging for then, some by demanding them, and some by boldly taking them, Sthenius bore it as well as he could, but he was affected with unavoidable indignation in his mind, at that fellow having rendered his house, which had been so beautifully furnished and decorated, naked and empty; still he told his indignation to no one. He thought he must bear the injuries of the praetor in silence—those of his guest with calmness.

Meantime that man, with that covetousness of his which was now notorious and the common talk of every one, as he took a violent fancy to some exceedingly beautiful and very ancient statues at Thermae placed in the public place, began to beg of Sthenius to promise him his countenance and to aid him in taking them away. But Sthenius not only refused, but declared to him that it was utterly impossible that most ancient statues, memorials of Publius Africanus, should ever be taken away out of the town of the Thermitani, as long as that city and the empire of the Roman people remained uninjured.

Indeed, (that you may learn at the same time both the humanity and the justice of Publius Africanus,) the Carthaginians had formerly taken the town of Himera, one of the first towns in Sicily for renown and for beauty. Scipio as he thought it a thing worthy of the Roman people, that, after the war was over, our allies should recover their property in consequence of our victory, took care, after Carthage had been taken, that everything which he could manage should be restored to all the Sicilians. As Himera had been destroyed, those citizens whom the disasters of the war had spared had settled at Thermae, on the border of the same district, and not far from their ancient town. They thought that they were recovering the fortune and dignity of their fathers, when those ornaments of their ancestors were being placed in the town of Thermae.