In C. Verrem

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?

But so be it. Some fearless and experienced cultivator will be found, who, when he has paid the collector as much as he says is due, will seek to recover it by course of law, and will sue for the eightfold penalty. I look for the vigour of the edict, for the impartiality of the praetor; I espouse the cause of the cultivator; I wish to see Apronius condemned in the eightfold penalty. What now does the cultivator demand? Nothing but sentence for an eightfold penalty, according to the edict. What says Apronius? He is unable to object. What says the praetor? He bids him challenge the judges. Let us, says he, make out the decuries. What decuries? Those from my retinue; you will challenge the others. What? of what men is that retinue composed? Of Volusius the soothsayer, and Cornelius the physician, and the other dogs whom you see licking up the crumbs about my judgment-seat. For he never appointed any judge or recuperator [*](The recuperatores were a kind of judges, usually appointed by the praetors in some particular kinds of action, and especially in those relating to money.) from the proper body. [*](The Latin word here is conventus, which often occurs in these orations; properly it means any assembly of men, but when the Romans had reduced foreign countries into the form of provinces, it assumed a nave definite meaning. Sometimes it was applied to the whole body of Roman citizens who were either permanently or temporarily settled in a province. Also in order to facilitate the administration of justice, a province was divided into a number of districts, each of which was called conventus... Roman citizens living in a province, at certain times of the year, fixed by the proconsul, assembled in the chief town of the district, and this meeting bore the name of conventus. At this conventus litigant, parties applied to the proconsul, who selected a number of judges from the conventus to try their causes. The proconsul himself presided at the trial, and pronounced the sentence according to the views of the judges who were his assessors.—Smith, Dict. Ant in v. Conventus.) He said all men who possessed one clod of earth were unfairly prejudiced against the collectors. People had to sue Apronius before these men who had not yet got rid of the surfeit from his last banquet. What a splendid and memorable court! what an impartial decision! what a safe resource for the cultivators of the soil!

And that you may understand what sort of decisions are obtained in actions for the eightfold penalty, and what sort of judges those selected from that man's retinue are considered to be, listen to this. Do you think that any collector, when this licence was allowed him of taking from the cultivator whatever he claimed, ever did demand more than was due? Consider yourselves in your own minds, whether you think any one ever did so, especially when it might have happened, not solely through covetousness, but even though ignorance. Many must have done so. But I say that all extorted more, and a great deal more, than the proper tenths. Tell me of one man, in the whole three years of your praetorship, who was condemned in the eightfold penalty. Condemned, indeed! Tell me of one man who was ever prosecuted according to your edict. There was not, in fact, one cultivator who was able to complain that injustice had been done to him; not one collector who claimed one grain more as due to him than really was due. Far from that. Apronius seized and carried off whatever he chose from every one. In every district the cultivators, harassed and plundered as they were, were complaining, and yet no instance of a trial can be found.

Why is this? Why did so many bold, honourable, and highly esteemed men—so many Sicilians, so many Roman knights—when injured by one most worthless and infamous man, not seek to recover the eightfold penalty, which had most unquestionably been incurred? What is the cause, what is the reason? That reason alone, O judges, which you see,—because they knew they should come off at the trial defrauded and ridiculed. In truth, what sort of triad must that be, when three of the profligate and abandoned retinue of Verres sat on the tribunal under the name of judges?—slaves of Verres, not inherited by him from his father, but recommended to him by his mistress.

The cultivator, forsooth, might plead his cause; he might show that no corn was left him by Apronius,—that even his other property was seized; that he himself had been driven away with blows. Those admirable men would lay their heads together, they would chat to one another about revels and harlots, if they could catch any when leaving the praetor. The cause would seem to be properly heard: Apronius would have risen, full of his new dignity as a knight; not like a collector all over dirt and dust, but reeking with perfumes, languid with the lateness of the last night's drinking party, with his first motion, and with his breath he would have filled the whole place with the odour of wine, of perfume, and of his person. He would have said, what he repeatedly has said, that he had bought, not the tenths, but the property and fortunes of the cultivators; that he, Apronius, was not a collector, but a second Verres,—the absolute lord and master of those men. And when he had said this, those admirable men of Verres's train, the judges, would deliberate, not about acquitting Apronius, but they would inquire how they could condemn the cultivator himself to pay damages to Apronius.

When you had granted this licence for plundering the cultivators to the collectors of the tenths,—that is, to Apronius,—by allowing him to demand as much as he chose, and to carry off as much as he demanded, were you preparing this defence for your trial,—that you had promised by edict that you would assign judges in a trial for an eightfold penalty? Even if in truth you were to give power to the cultivator, not only to challenge his judges, but even to pick them out of the whole body of the Syracusan assembly, (a body of most eminent and honourable men,) still no one could bear this new sort of injustice,—that, when one has given up the whole of one's produce to the farmer, and had one's property taken out of one's hands, then one is to endeavour to recover one's property and to seek its restitution by legal proceedings.