In C. Verrem

Cicero, Marcus Tullius

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

But what friends are they? Alas, the order of senators! wretched, and unpopular, and detested through the fault and unworthiness of a few! That Alba Aemilius, sitting at the entrance of the market, should say openly that Verres had gained his cause,—that he had bought the judges, one for four hundred thousand sesterces, another for five, the one who who went cheapest, for three! And when he was answered that that was impossible; that many witnesses would give evidence, and besides, that I should not desert the cause,—“Though,” said he, “every one were to make every possible statement against him, still, unless the matter be brought home to him so evidently that no answer can be given, we have gained the cause.”

You say well, Alba. I will agree to your conditions. You think that conjecture avails nothing at a trial,—that suspicion avails nothing,—that the character of one's previous life avails nothing,—nor the evidence of virtuous men,—nor the authority or letters of cities. You demand evident proof I do not ask for judges like Cassius. I do not ask for the ancient impartiality of courts of justice. I do not, O judges, implore your good faith, your self-respect, your conscientiousness in giving judgment. I will take Alba for my judge; that man who is himself desirous of being considered an unprincipled buffoon: who by the buffoons has always been considered as a gladiator, rather than as a buffoon. I will bring forward such a case about the tenths that Alba shall confess that Verres, in the case of the corn, and in that of the property of the cultivators of the soil has been an open and undisguised robber.

He says that he sold the tenths of the Leontine district at a high price. I showed at the beginning that he ought not to be considered to have sold them at a high price' who in name indeed sold the tenths, but who in reality and by the terms of the sale, and through his law, and through his edict, and through the licentiousness of the collectors, left no tenths at all to the cultivators of the soil. I proved that also, that others had sold the tenths of the Leontine district and of other districts also, for a high price; and that they had sold them according to the law of Hiero; and that they sold them for even more than you had, and that then no cultivator had complained. Nor indeed was there anything of which any one could complain, when they were sold according to a law most equitably framed; nor did it ever make any difference to the cultivator at what price the tenths were sold. For it is not the case that, if they be sold at a high price, the cultivator owes more, if at a low price, less. As the crops are produced, so are the tenths sold. But it is for the interest of the cultivator, that his crops should be such that the tenths may be able to be sold at as high a price as possible. As long as the cultivator does not give more than a tenth, it is for his interest that the tenth should be as large as possible.

But, I imagine, you mean this to be the chief article of your defence, that you sold all the tenths at a high price, but the tenths of the Leontine district, which produces the most, for two hundred and sixteen thousand modii of wheat. If I prove that you could have sold them for a good deal more, but that you would not knock them down to those who were bidding against Apronius, and that you adjudged them to Apronius for much less than you might have adjudged them to others;—if I prove this, will even Alba, not only your oldest friend, out even your lover, be able to acquit you? I assert that a Roman knight, a man of the highest honour, Quintus Minucius, with others like himself, was willing to add to the tenths of the Leontine district not one thousand, not two thousand, not three thousand modii of wheat, but thirty thousand modii of wheat to the tenths of one single district, and that he was not allowed to become the purchaser, that the matter might not escape the grasp of Apronius.

You cannot by any means deny this, unless you are determined to deny everything. The business was transacted openly, in a full assembly, at Syracuse. The whole province is the witness, because men are accustomed to flock together thither from all parts at the sale or the tenths. And whether you confess this, or whether it be proved against you, do you not see in what important and what evident acts you are detected. First of all, it is proved that that business and that booty was yours. For unless it was, why did you prefer that Acronius (who every one was saying was only managing your affairs in the matter of the tenths as your agent) should get the tenths of the Leontine district rather than Quintus Minucius? Secondly, that an enormous and immense profit was made by you. For if you would not have been influenced by thirty thousand modii of wheat, at all events Minucius would willingly have given thus much as a compliment to Apronius, if he had been willing to accept it.

How great then must we suppose the expectation of booty which he entertained to have been, when he despised and scorned such vast present profit: acquired without the slightest trouble. Thirdly, Minucius himself would never have wished to have them at such a price, if you had been selling the tenths according to the Law of Hiero; but because he saw that by your new edicts and most iniquitous resolutions he should get a good deal more than tenths, on that account he advanced higher. But Apronius had always even a good deal more permitted to him than you had announced in your edict. How much gain then can we suppose was made by him to whom everything was permitted; when that man was so willing to add so large a compliment, who would not have had the same licence if he had bought the tenths?

Lastly, unquestionably that defence, under which you have constantly thought that all your thefts and iniquities could be concealed, is cut from under your feet; that you sold the tenths at a high price—that you consulted the interest of the Roman people—that you provided for plenty of provisions. He cannot say this, who cannot deny that he sold the tenths of one district for thirty thousand modii less than he might have done; even if I were to grant you this, that you did not grant them to Minucius because you had already adjudged them to Apronius; for they say that that is what you are in the habit of saying, and I am expecting to hear it, and I wish you would make that defence. But, even if it were so, still you cannot boast of this as a great thing, that you sold the tenths at a high price, when you admit that there were people who were willing to buy them at a much higher price.

The avarice, then, and covetousness of this man, his wickedness, and dishonesty, and audacity, are proved, O judges, are proved most incontestably. What more shall I say What if his own friends and defenders have formed the same opinion that I have? What can you have more? On the arrival of Lucius Metellus the praetor, when Verres had made all his retinue friends of this also by that sovereign medicine of his, money, men applied to Metellus; Apronius was brought before him; his accuser was a man of the highest consideration, Caius Gallius, a senator. He demanded of Metellus to give him a right of action according to the terms of his edict against Apronius, “for having taken away property by force or by fear,” which formula of Octavius, Metellus had both adopted at Rome, and now imported into the province. He does not succeed; as Metellus said that he did not wish by means of such a trial to prejudge the case of Verres himself in a matter affecting his condition as a free citizen. The whole retinue of Metellus, grateful men, stood by Apronius. Caius Gallius, a man of our order, cannot obtain from Lucius Metellus, his most intimate friend, a trial in accordance with his own edict.