In C. Verrem

Cicero, Marcus Tullius

Cicero. The Orations of Marcus Tullius Cicero, Volume 1. Yonge, Charles Duke, translator. London: Bell, 1903.

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.