In C. Verrem
Cicero, Marcus Tullius
Cicero. The Orations of Marcus Tullius Cicero, Volume 1. Yonge, Charles Duke, translator. London: Bell, 1903.
So that I do not marvel at your having established a new law in the matter of the tenths you, a man so wise, so thoroughly practiced in praetorian edicts and censorian laws. I do not wonder, I say, at your having invented something; but I do blame you, I do impeach you, for having of your own accord, without any command from the people, without the authority of the senate, changed the laws of the province of Sicily.
The senate permitted Lucius Octavius and Caius Cotta, the consuls, to put up to auction at Rome the tenths of wine, and oil, and of pulse, which before your time the quaestors had been in the habit of putting up in Sicily; and to establish any law with respect to those articles which they might think fit. When the contract was offered for sale, the farmers begged them to add some clauses to the law, and yet not to depart from the other laws of the censors. A man opposed this, who by accident was at Rome at that time; your host,—your host, and intimate friend, I say, O Verres,—Sthenius, of Thermae, who is here present The consuls examined into the matter. When they had summoned many of the principal and most honourable men of the state to form a council on the subject; according to the opinion of that council they gave notice that they should put the tenths up to auction according to the law of Hiero.
Was it not so? Men of the greatest wisdom, invested with the supreme authority, to whom the senate had given the whole power of making laws respecting the letting out the farming of the tributes, (and this power had been ratified by the people, while only one Sicilian objected to it,) would not alter the name of the law of Hiero, even when the measure would have been accompanied by an augmentation of the revenue; but you, a man of no wisdom, of no authority, without any order from people or senate, while all Sicily objected, abrogated the whole law of Hiero, to the greatest injury and even destruction of the revenue.
But what law is this, O judges, which he amends, or rather totally abrogates? A law framed with the greatest acuteness and the greatest diligence, which gives up the cultivator of the land to the collector of the tenths, guarded by so many securities, that neither in the corn fields, nor on the threshing floors, nor in the barns, nor while removing his corn privately, nor while carrying it away openly, can the cultivator defraud the collector of one single grain without the severest punishment. The law has been framed with such care, that it is plain that a man framed it who had no other revenues; with such acuteness that it was plain that he was a Sicilian; with such severity, that he was evidently a tyrant: by this law, however, cultivating the land was an advantageous trade for the Sicilian; for the laws for the collectors of the tenths were also drawn up so carefully that it is not possible for more than the tenth to be extorted from the cultivator against his will.
And though all these things were settled in this way, after so many years and even ages, Verres was found not only to change, but entirely to overturn them, and to convert to purposes of his own most infamous profit those regulations which had long ago been instituted and established for the safety of the allies and the benefit of the republic. In the first instance he appointed certain men, collectors of the tenths in name, in reality the ministers and satellites of his desires; by whom I will show that the province was for three years so harassed and plundered, O judges, that it will take many years and a long series of wise and incorruptible governors to recover it.
The chief of all those who were called collectors, was Quintus Apronius, that man whom you see in court, concerning whose extraordinary wickedness you have heard the complaints of most influential deputations. Look, O judges, at the face and countenance of the man; and from that obstinacy which he retains now in the most desperate circumstances, you may imagine and recollect what his arrogance must have been in Sicily. This Apronius is the man whom Verres (though he had collected together the most infamous men from all quarters, and though he had taken with him no small number of men like himself in worthlessness, licentiousness, and audacity,) still considered most like himself of any man in the whole province. And so in a very short time they became intimate, not because of interest, nor of reason, nor of any introduction from mutual friends, but from the baseness and similarity of their pursuits.
You know the depraved and licentious habits of Verres. Imagine to yourselves, if you can, any one who can be in every respect equal to him in the wicked and dissolute commission of every crimes that man will be Apronius; who, as he shows not only by his life, but by his person and countenance, is a vast gulf and whirlpool of every sort of vice and infamy. Him did Verres employ as his chief agent in all his adulteries, in all his plundering of temples, in all his debauched banquets; and the similarity of their manners caused such a friendship and unanimity between them, that Apronius, whom every one else thought a boor and a barbarian, appeared to him alone an agreeable and an accomplished man; that, though every one else hated him, and could not bear the sight of him, Verres could not bear to be away from him; that, though others shunned even the banquets at which Apronius was to be presents Verres used the same cup with him; lastly, that, though the odour of Apronius's breath and person is such that even, as one may say, the beasts cannot endure him, he appeared to Verres alone sweet and pleasant. He sat next to him on the judgment-seat; he was alone with him in his chamber; he was at the head of his table at his banquets; and especially then, when he began to dance at the feast naked, while the young son of the praetor was sitting by.
This man, as I began to say, Verres selected for his principal agent in distressing and plundering the fortunes of the cultivators of the land. To this man's audacity, and wickedness, and cruelty, our most faithful allies and most virtuous citizens were given up, O judges, by this praetor, and were placed at his mercy by new regulations and new edicts, the entire law of Hiero, as I said before, having been rejected and repudiated.
First of all, listen, O judges, to his splendid edict. “Whatever amount of tithe the collector declared that the cultivator ought to pay, that amount the cultivator should be compelled to pay to the collector.”—How? Let him pay as much as Apronius demands? What is this? is the regulation of a praetor for allies, or the edict and command of an insane tyrant to conquered enemies? Am I to give as much as he demands? He will demand every grain that I can get out of my land. Am I to give all? Yes, and more too, if he chooses. What, then, am I to do? What do you think? You must either pay, or you will be convicted of having disobeyed the edict. O ye immortal gods, what a state of things is this For it is hardly credible. And indeed.
I am persuaded, O judges, that, though you should think that all other vices are met in this man, still this must seem false to you. For I myself, though all Sicily told me of it, still should not dare to affirm this to you, if I was not able to recite to you these edicts from his own documents in those very words—as I will do. Give this, I pray you, to the clerk; he shall read from the register. Read the edict about the returns of property. [The edict about the returns of property is read.] He says I am not reading the whole. For that is what he seems to intimate by shaking his head. What am I passing over? is it that part where you take care of the interests of the Sicilians, and show regard for the miserable cultivators? For you announce in your edict, that you will condemn the collector in eightfold damages, if he has taken more than was due to him. I do not wish anything to be passed over. Read this also which he requires; read every word. [The edict about the eightfold damages is read.] Does this mean that the cultivator is to prosecute the collector at law? It is a miserable and unjust thing for men to be brought from the country into the forum, from the plough to the courts of justice; from habits of rustic life to actions and trials to which they are wholly unaccustomed.
When in all the other countries liable to tribute, of Asia, of Macedonia, of Spain, of Gaul, of Africa, of Sicily, and in those parts of Italy also which are so liable; when in all these, I say, the farmer in every case has a right to claim and a power to distrain, but not to seize and take possession without the interference of the law, you established regulations respecting the most virtuous and honest and honourable class of men,—that is, respecting the cultivators of the soil,—which are contrary to all other laws. Which is the most just, for the collector to have to make his claim, or for the cultivator to have to recover what has been unlawfully seized? for them to go to trial when things are in their original state, or when one side is ruined? for him to be in possession of the property who has acquired it by hard labour, or him who has obtained it by bidding for it at an auction? What more? They who cultivate single acres, who never cease from personal labour, of which class there were a great number, and a vast multitude among the Sicilians before you came as praetor,—what are they to do? When they have given to Apronius all he has demanded, are they to leave their allotments? to leave their own household gods? to come to Syracuse, in order while you, forsooth, are praetor, to prosecute, by the equal law which they will find there, Apronius, the delight and joy of your life, in a suit for recovery of their property?