In C. Verrem
Cicero, Marcus Tullius
Cicero. The Orations of Marcus Tullius Cicero, Volume 1. Yonge, Charles Duke, translator. London: Bell, 1903.
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man, (while he himself, the praetor, was without any colleagues, and the defendant without any counsel or patron,) and rescinded the decision of Caius Sacerdos, he thought that he should not be able to withstand the unpopularity of such an act.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.
There were many statues of brass; among them a statue of Himera herself, of marvellous beauty, made in the shape and dress of a woman, after the name of the town and of the river. There was also a statue of the poet Stesichorus, aged, stooping,—made, as men think, with the most exceeding skill,—who was, indeed, a citizen of Himera, but who both was and is in the highest renown and estimation over all Greece for his genius. These things he coveted to a degree of madness. There is also, which I had almost passed over, a certain she-goat made, as even we who are skilled in these matters can judge, with wonderful skill and beauty. These, and other works of art, Scipio had not thrown away like a fool, in order that an intelligent man like Verres might have an opportunity of carrying them away, but he had restored them to the people of Thermae; not that he himself had not gardens, or a suburban villa, or some place or other where he could put them; but, if he had taken them home, they would not long have been called Scipio's, but theirs to whom they had come by his death. Now they are placed in such places that it seems to me they will always seem to be Scipio's, and so they are called.
When that fellow claimed those things, and the subject was mooted in the senate, Sthenius resisted his claim most earnestly, and urged many arguments, for he is among the first men in all Sicily for fluency of speech. He said that it was more honourable for the men of Thermae to abandon their city than to allow the memorials of their ancestors, the spoils of their enemies, the gifts of a most illustrious man, the proofs of the alliance and friendship with the Roman people, to be taken away out of their city. The minds of all were moved. No one was found who did not agree that it was better to die. And so Verres found this town almost the only one in the whole world from which he could not carry off anything of that sort belonging to the community, either by violence, or by stealth, or by his own absolute power, or by his interest, or by bribery. But, however, all this covetousness of his I will expose another time; at present I must return to Sthenius.
Verres being furiously enraged against Sthenius, renounces the connection of hospitality with him, leaves his house, and departs; [*](The Latin is, “domo ejus emigrat, atque adeo exit, nam jam ante migrarat.” Emigrat has only a simple meaning; exit is said of him who “goes forth without any baggage; he then appeared migrasse when he plundered Sthenius of all his furniture and plate, and removed it to his own house.”—Garaton.) for, indeed, he had moved his quarters before. The greatest enemies of Sthenius immediately invite him to their houses, in order to inflame his mind against Sthenius by inventing lies and accusing him. And these enemies were, Agathinus, a man of noble birth, and Dorotheus, who had married Callidama, the daughter of that same Agathinus, of whom Verres had heard. So he preferred migrating to the son-in-law of Agathinus. Only one night elapsed before he became so intimate with Dorotheus, that, as one might say, they had everything in common. He paid as great attention to Agathinus as if he had been some connection or relation of his own. He appeared even to despise that statue of Himera, because the figure and features of his hostess delighted him much more.
Therefore he began to instigate the men to create some danger for Sthenius, and to invent some accusation against him. They said they had nothing to allege against him. On this he openly declared to them, and promised to them that they might prove whatever they pleased against Sthenius if they only laid the information before him. So they do not delay. They immediately bring Sthenius before him; they say that the public documents have been tampered with by him. Sthenius demands, that as his own fellow-citizens are prosecuting him on a charge of tampering with the public documents, and as there is a right of action on such a charge according to the laws of the Thermitani since the senate and people of Rome had restored to the Thermitani their city, and their territory and their laws, because they had always remained faithful and friendly; and since Publius Rupilius had afterwards, in obedience to a degree of the senate, given laws to the Sicilinus, acting with the advice of ten commissioners, according to which the citizens were to use their own laws in their actions with one another; and singe Verres himself had the same regulation contained in his edict;—on all these accounts, I say, he claims of Verres to refer the matter to their own laws.
That man, the justest of all men, and the most remote from covetousness, declares that he will investigate the affair himself, and bids him come prepared to plead his cause at the eighth hour. It was not difficult to see what that dishonest and wicked man was designing. And, indeed, he did not himself very much disguise it, and the woman could not hold her tongue. It was understood that his intention was, that, after he, without any pleading taking place, and without any witnesses being called, had condemned Sthenius, then, infamous that he was, he should cause the man, a man of noble birth, of mature age, and his own host, to be cruelly punished by scourging. And as this was notorious, by the advice of his friends and connections, Sthenius fled from there to Rome. He preferred trusting himself to the winter and to the waves, rather than not escape that common tempest and calamity of all the Sicilians.
That punctual and diligent man is ready at the eighth hour. He orders Sthenius to be summoned; and, when he sees that he does not appear, he begins to burn with indignation, and to go mad with rage; to despatch [*](The Latin word is Venereus: the officers who attended on the Roman magistrate in Sicily were so called from Venus Erycina, who was the patron goddess of all the west of Sicily.) officers to his house; to send horsemen in every direction about his farms and country houses,—and as he kept waiting there till some certain news could be brought to him, he did not leave the court till the third hour of the night. The next day he came down again the first thing in the morning; he calls Agathinus, he bids him make his statement about the public documents against Sthenius in his absence. It was a cause of such a character, that, even though he had no adversary in court, and a judge unfriendly to the defendant, still he could not find anything to say.