In C. Verrem
Cicero, Marcus Tullius
Cicero. The Orations of Marcus Tullius Cicero, Volume 1. Yonge, Charles Duke, translator. London: Bell, 1903.
That fellow put on the tribunal Artemidorus Cornelius, the physician, Valerius, the crier, Tlepolemus, the painter, and judges of that sort; not one of whom was a Roman citizen, but Greek robbers of temples, long since infamous, and now all Corneliuses. The Agyrians saw that whatever charge Apronius brought before whose judges, he would very easily prove; but they preferred to be convicted, and so add to his unpopularity and infamy, rather than accede to his conditions and terms. They asked what formula would be given to the judges on which to try them? He answered, “If it appeared that they had acted contrary to the edict,” on which formula he said that he should pronounce judgment. They preferred trying the question according to a most unjust formula, and with most profligate judges, rather than come to any settlement with him of their own accord. He sent Timarchides privately to them, to warn them, if they were wise, to settle the matter. They refused. “What, then, will you do? Do you prefer to be convicted each of you in a penalty of fifty thousand sesterces?” They said they did. Then he said out loud, in the hearing of every one, “Whoever is condemned, shall be beaten to death with rods.” On this they began with tears to beg and entreat him to be allowed to give up their cornfields, and all their produce, and their allotments, when stripped of everything, to Apronius, and to depart themselves without insult and annoyance.
These were the terms, O judges, on which Verres sold the tenths. Hortensius may say, if he pleases, that Verres sold them at a high price. This was the condition of the cultivators of the soil while that man was praetor; that they thought themselves exceedingly well off, if they might give up their fields when stripped of everything to Apronius, for they wished to escaped the many crosses which were set before their eyes. Whatever Apronius had declared to be due, that they were forced to give, according to the edict. Suppose he declared more was due than the land produced? Just so. How could that be? The magistrates were bound, according to his own edict, to compel the payment. Well, but the cultivators could recover. Yes, but Artemidorus was the judge. What next? What happened if the cultivator had given less than Apronius had demanded? A prosecution of the cultivator to recover a fourfold penalty. Before judges taken from what body? From that admirable retinue of most honourable men in attendance on the praetor. What more? I say that you returned less than the proper number of acres: select judges for the matter which is to be tried, namely, your violation of the edict. Out of what class? Out of the same retinue. What will be the end of it? If you are convicted, (and what doubt can there be about a conviction with those judges?) you must be beaten to death with rods. When these are the rules, these the conditions, will there be any one so foolish as to think that what was sold were the tenths? Who believes that nine parts were left to the cultivator? Who does not perceive that that fellow considered as his own gain and plunder the property and possessions and fortunes of the cultivators? From fear of the gods the Agyrians said that they would do what they were commanded to.
Listen now to what his orders were; and conceal, if you can, that you are aware of what all Sicily well knew, that the praetor himself was the farmer of the tenths, or rather the lord and sovereign of all the allotments in the province. He orders the Agyrians to take the tenths themselves in the name of their city, and to give a compliment to Apronius. If he had bought them at a high price, since you are a man who inquired into the proper price with great diligence, who, as you say, sold them at a high price, why do you think that a compliment ought to be added as a present to the purchaser? Be it so; you did think so. Why did you order them to add it? What is the meaning; of taking and appropriating money, for which the law has a hold on you, if this is not it,—I mean the compelling men by force and despotic power against their will to give a compliment to another, that is to say, to give him money?
Well, what comes next? If they were ordered to give some small compliment to Apronius, the delight of the praetor's life, suppose that it was given to Apronius, if it seems to you the compliment to Apronius, and not the plunder of the praetor. You order them to take the tenths; to give Apronius a compliment,—thirty-three thousand medimni of wheat. What is this? One city is compelled by the command of the praetor to give to the Roman people out of one district almost food enough to support it for a month. Did you sell the tenths at a high price, when such a compliment was given to the collector? In truth, if you had inquired carefully into the proper price, then when you were selling them, they would rather have given ten thousand medimni more then, than six hundred thousand sesterces afterwards. It seems a great booty. Listen to what follows, and remark it carefully, so as to be the less surprised that the Sicilians, being compelled by their necessity, entreated aid from their patrons, from the consuls, from the senate, from the laws, from the tribunals.
To pay Apronius for testing the wheat which was given to him, Verres orders the Agyrians to pay Apronius three sesterces for every medimnus. What is this? When such a quantity of corn has been extorted and exacted under the name of a compliment, is money to be exacted besides for testing the corn? Or could, not only Apronius, but any one, if corn was to be served out to the army, disapprove of the Sicilian corn, which Verres might have measured on the threshing-floor, if he had liked? That vast quantity of corn is given and extorted at your command. That is not enough. Money is demanded besides. It is paid. That is too little. For the tenths of barley more money is extorted. You order thirty thousand sesterces to be paid. And so from one city there are extorted by force, by threats, by the despotic power and injustice of the praetor thirty-three thousand medimni of wheat, and besides that, sixty thousand sesterces! Are these things obscure? Or, even if all the world wished it, can those things be obscure which you did openly, which you ordered in open court, which you extorted when every one was looking on? concerning which matters the magistrates and five chief men of Agyrium, whom you summoned from their homes for the sake of your own gain, reported your acts and commands to their own senate at home; and that report, according to their laws, was recorded in the public registers, and the ambassadors of the Agyrians, most noble men, are at Rome, and have deposed to these facts in evidence.
Examine the public letters of the Agyrians; after that the public testimony of the city. Read the public letters. [The public letters are read.] Read the public evidence. [The public evidence is read.] You have remarked in this evidence, O judges, that Apollodorus, whose surname is Pyragrus, the chief man of his city, have his evidence with tears, and said that since the name of the Roman people had been heard by and known to the Sicilians, the Agyrians had never either said or done anything contrary to the interests of even the meanest of the Roman citizens; but that now they are compelled by great injuries, and great suffering to give evidence in a public manner against a praetor of the Roman people. You cannot, in truth. O Verres, invalidate the evidence of this one city by your defence; so great a weight is there in the fidelity of these men, such great indignation is there at their injuries, such great conscientiousness is there in the way in which they gave their evidence. But it is not one city alone, but every city, that now being crushed by similar distresses pursues you with deputations and public evidence.