In C. Verrem
Cicero, Marcus Tullius
Cicero. The Orations of Marcus Tullius Cicero, Volume 1. Yonge, Charles Duke, translator. London: Bell, 1903.
All these statues which I have mentioned, O judges, Verres took away from Heius, out of his private chapel. Be left, I say, not one of those things, nor anything else, except one old wooden figure.—Good Fortune, as I believe; that, forsooth, he did not choose to have in his house! Oh! for the good faith of gods and men! What is the meaning of all this? What a cause is this? What impudence is this! The statues which I am speaking of, before they were taken away by you, no commander ever came to Messanawithout seeing So many praetors, so many consuls as there have been in Sicily, in time of peace, and in time of war; so many men of every sort as there have been—I do not speak of upright, innocent, conscientious men, but so many covetous, so many audacious, so many infamous men as there have been, not one of them all was violent enough, or seemed to himself powerful enough or noble enough, to venture to ask for, or to take away, or even to touch anything in that chapel. Shall Verres take away everything which is most beautiful everywhere? Shall it not be allowed to any one besides to have anything? Shall that one house of his contain so many wealthy houses? Was it for this reason that none of his predecessors ever touched these things, that he might be able to carry them off? Was this the reason why Caius Claudius Pulcher restored them, that Caius Verres might be able to steal them? But that Cupid had no wish for the house of a pimp and the establishment of a harlot; he was quite content to stay in that chapel where he was hereditary; he knew that he had been left to Heius by his ancestors, with the rest of the sacred things which he inherited; he did not require the heir of a prostitute.
But why am I borne on so impetuously? I shall in a moment be refuted by one word. “I bought it,” says he. O ye immortal gods, what a splendid defence! we sent a broker into the province with military command and with the forces, to buy up all the statues, all the paintings, all the silver plate and gold plate, and ivory, and jewels, and to leave nothing to any body. For this defence seems to me to be got ready for everything; that he bought them. In the first place, if I should grant to you that which you wish, namely, that you bought them, since against all this class of accusations you are going to use this defence alone, I ask what sort of tribunals you thought that there would be at Rome, if you thought that any one would grant you this, that you in your praetorship and in your command [*](The Latin word is imperium. “Imperium(as opposed to Potestas) is the power which was conferred by the state upon an individual who was appointed to command an army.... The imperiumwas as necessary for the governor of a province, as for a general who merely commanded the armies of the republic; as without it he could not exercise military authority.... It was conferred by a special law, and was limited, if not by the terms in which it was conferred, at least by usage. It could not be held or exercised within the city.”—Smith, Dict. Ant. p. 508, v. Imperium.)bought up so many and such valuable things,—everything, in short, which was of any value in the whole province.
Remark the care of our ancestors, who as yet suspected no such conduct as this, but yet provided against the things which might happen in affairs of small importance. They thought that no one who had gone as governor or as lieutenant into a province would be so insane as to buy silver, for that was given him out of the public fends; or raiment, for that was afforded him by the laws; they thought he might buy a slave, a thing which we all use, and which is not provided by the laws. They made a law, therefore, “that no one should buy a slave except in the room of a slave who was dead.” If any slave had died at Rome? No, if any one had died in the place where his master was. For they did not mean you to furnish your house in the province, but to be of use to the province in its necessities.
What was the reason why they so carefully kept us from making purchases in the provinces? This was it, O judges, because they thought it a robbery, not a purchase, when the seller was not allowed to sell on his own terms. And they were aware that, in the provinces, if he who was there with the command and power [*](The Latin word in each case is potestas. “According to Paulus, potestas, as applied to a magistrate, is equivalent to imperium... But potestasis applied to magistrates who had not the imperiumas, for instance, to quaestors and tribunes of the people; and potestasand imperiumare often opposed in Cicero. Thus it seems that potestas, like many other Roman terms, had both a wider signification and a narrower one; in its wider signification it might mean all the power that was delegated to any person by the state, whatever might be the extent of that power; in its narrower signification, it was on the one hand equivalent to imperiumand on the other, it expressed the power of these functionaries who had not the imperium.” Smith, Dict. Ant. p. 727 v. Potestas.)of a governor wished to purchase what was in any one's possession, and was allowed to do so, it would come to pass that he would get whatever he chose, whether it was to be sold or not, at whatever price he pleased. Some one will say, “Do not deal with Verres in that manner; do not try and examine his actions by the standard of old-fashioned conscientiousness; allow him to have bought them without being punished for it, provided he bought them in a fair way, not through any arbitrary exercise of power, nor from any one against his will, or by violence.” I will so deal with him. If Heius had anything for sale, if he sold it for the price at which he valued it, I give up inquiring why you bought it.
What then are we to do? Are we to use arguments in a case of this sort? We must ask, I suppose, whether Heius was in debt, whether he had an auction,—if he had, whether he was in such difficulties about money matters, whether he was oppressed by such want, by such necessity, as to strip his private chapel, to sell his paternal gods. But I see that the man had no auction; that he never sold anything except the produce of his land; that he not only had no debts, but that he had always abundance of ready money. Even if all these things were contrary to what I say they were, still I say that he would not have sold things which had been so many years in the household and chapel of his ancestors. “What will you say if he was persuaded by the greatness of the sum given him for them?” It is not probable that a man, rich as he was, honourable as he was, should have preferred money to his own religious feelings and to the memorials of his ancestors.
“That may be, yet men are sometimes led away from their habits and principles by large sums of money.” Let us see, then, how great a sum this was which could turn Heius, a man of exceeding riches, by no means covetous, away from decency, from affection, and from religion. You ordered him, I suppose, to enter in his account books, “All these statues of Praxiteles, of Myron, of Polycletus, were sold to Verres for six thousand five hundred sesterces.” Read the extracts from his accounts— [The accounts of Heius are read.] I am delighted that the illustrious names of these workmen, whom those men extol to the skies, have fallen so low in the estimation of Verres—the Cupid of Praxiteles for sixteen hundred sesterces. From that forsooth has come the proverb “I had rather buy it than ask for it.”
Some one will say, “What! do you value those things at a very high price?” But I am not valuing them according to any calculation of my own, or any need which I have for them; but I think that the matter ought to be looked at by you in this light,—what is the value of these things in the opinion of those men who are judges of these things; at what price they are accustomed to be sold; at what price these very things could be sold, if they were sold openly and freely; lastly, at what price Verres himself values them. For he would never have been so foolish, if he had thought that Cupid worth only four hundred denarii, as to allow himself to be made a subject for the common conversation and general reproach of men.
Who then of you all is ignorant at how great a price these things are valued? Have we not seen at an auction a brazen statue of no great size sold for a hundred and twenty thousand sesterces? What if I were to choose to name men who have bought similar things for no less a price, or even for a higher one? Can I not do so? In truth, the only limit to the valuation of such things is the desire which any one has for them, for it is difficult to set bounds to the price unless you first set bounds to the wish. I see then that Heius was neither led by his inclination, nor by any temporary difficulties, nor by the greatness of the sum given, to sell these statues; and that you, under the presence of purchase which you put forward, in reality seized and took away these things by force, through fear, by your power and authority, from that man, whom, along with the rest of our allies in that country, the Roman people had entrusted not only to your power, but also to your upright exercise of it.
What can there be, judges, so desirable for me in making this charge, as that Heius should say this same thing? Nothing certainly; but let us not wish for what is difficult to be obtained. Heius is a Mamertine. The state of the Mamertines alone, by a common resolution, praises that man in the name of the city. To all the rest of the Sicilians he is an object of hatred; by the Mamertines alone is he liked. But of that deputation which has been sent to utter his praises, Heius is the chief man; in truth, he is the chief man of his city, and too much occupied in discharging the public duties imposed upon him to speak of his private injuries.
Though I was aware of and had given weight to these considerations, still, O judges, I trusted myself to Heius. I produced him at the first pleading; and indeed I did it without any danger, for what answer could Heius give even if he turned out a dishonest man, and unlike himself? Could he say that these statues were at his house, and not with Verres? How could he say anything of that sort? If he were the basest of men, and were inclined to lie most shamelessly, he would say this; that he had had them for sale, and that he had sold them at the price he wanted for them. The man the most noble in all his city, who was especially anxious that you should have a high opinion of his conscientiousness and of his worth, says first, that he spoke in Verres's praise by the public authority of his city, because that commission had been given to him; secondly; that he had not had these things for sale, and that, if he had been allowed to do what he wished, he could never have been induced by any terms to sell those things which were in his private chapel, having been left to him and handed down to him from his ancestors.
Why are you sitting there, O Verres? What are you waiting for? Why do you say that you are hemmed in and overwhelmed by the cities of Centuripa, of Catina, of Halesa, of Tyndaris, of Enna, of Agyrium, and by all the other cities of Sicily? Your second country, as you used to call it, Messanaherself attacks you; your own MessanaI say; the assistant in your crimes, the witness of your lusts, the receiver of your booty and your thefts. For the most honourable man of that city is present, a deputy sent from his home on account of this very trial, the chief actor in the panegyric on you; who praises you by the public order of his city, for so he has been charged and commanded to do. Although you recollect, O judges, what he answered when he was asked about the ship; that it had been built by public labour, at the public expense, and that a Mamertine senator had been appointed by the public authority to superintend its building. Heius in his private capacity flees to you for aid, O judges; he avails himself of this law, the common fortress of our allies, by which this tribunal is established. Although there is a law for recovering money which has been unjustly extorted, he says that he does not seem to recover any money; which though it has been taken from him, he does not so much care about: but he says he does demand back from you the sacred images belonging to his ancestors, he does demand back from you his hereditary household god?
Have you any shame, O Verres? have you any religion? have you any fear, You have lived in Heius's house at Messana; you saw him almost daily performing sacred rites in his private chapel before those gods. He is not influenced by money; he does not even ask to have those things restored which were merely ornaments. Keep the Canephorae; restore the images of the gods. And because he said this, because after a given time he, an ally and friend of the Roman people, addressed his complaints to you in a moderate tone, because he was very attentive to religious obligation not only while demanding back his paternal gods, but also in giving his evidence on oath; know that one of the deputies has been sent back to Messana, that very man who superintended the building of that ship at the public expense, to demand from the senate that Heius should be condemned to an ignominious punishment.
O most insane of men, what did you think? that you should obtain what you requested? Did you not know how greatly he was esteemed by his fellow-citizens; how great his influence was considered? But suppose you had obtained your request; suppose that the Mamertines had passed any severe vote against Heius, what do you think would have been the authority of their panegyric, if they had decreed punishment to the man who it was notorious had given true evidence? Although, what sort of praise is that, when he who utters it, being questioned, is compelled to give answers injurious to him whom he is praising? What! are not those who are praising you, my witnesses? Heius is an encomiast of yours; he has done you the most serious injury. I will bring forward the rest; they will gladly be silent about all that they are allowed to suppress; they will say what they cannot help saying, unwillingly. Can they deny that a transport of the largest size was built for that man at Messana? Let them deny it if they can. Can they deny that a Mamertine senator was appointed by the public authority to superintend the building of that ship? I wish they would deny it. There are other points also which I prefer reserving unmentioned at present, in order to give as little time as possible to them for planning and arranging their perjury.
Let this praise, then, be placed to your account; let these men come to your relief with their authority, who neither ought to help you if they were able, nor could do so if they wished; on whom in their private capacity you have inflicted many injuries, and put many affronts, while in their city you have dishonoured many families for ever by your adulteries and crimes “But you have been of public service to their city.” Not without great injury to the republic and to the province of Sicily. They were bound to supply and they used to supply sixty thousand modiiof wheat to the Roman people for payment; that was remitted by you of your own sole authority. The republic was injured because by your means its right of dominion over one city was disparaged; the Sicilians were injured, because this quantity was not deducted from the total amount of the corn to be provided by the island, but was only transferred to the cities of Centuripa and Halesa, whose inhabitants were exempt from that tax; and on them a greater burden was imposed than they were able to bear.
It was your duty to require them to furnish a ship, in compliance with the treaty. You remitted it for three years. During all those years you never demanded one soldier. You acted as pirates are accustomed to act, who, though they are the common enemies of all men, still select some friends, whom they not only spare, but even enrich with their booty; and especially such as have a town in a convenient situation, where they often, and sometimes even necessarily, put in with their vessels. The town of Phaselis, which Publius Servilius took, had not been in former times a city of Cilicians and pirates. The Lycians, a Greek tribe, inhabited it; but because it was in such a situation as it was, and because it projected into the sea, so that pirates from Ciliciaoften necessarily touched at it when departing on an expedition, and were also often borne thither on their retreats, the pirates connected that city with themselves; at first by commercial intercourse, and afterwards by a regular alliance.
The city of the Mamertines was not formerly of bad character; it was even a city hostile to dishonest men, and detained the luggage of Caius Cato, the one who was consul But then what sort of a man was he? a most eminent and most influential man; who however, though he had been consul, was convicted. So Caius Cato, the grandson of two most illustrious men, Lucius Paullus and Marcus Cato, and the son of the sister of Publius Africanus; who, even when convicted, at a time when severe judgments were in the habit of being passed, found the damages to which he was liable only estimated at eighteen thousand sesterces; with this man, I say, the Mamertines were angry, who have often expended a greater sum than the damages in the action against Cato were laid at, in one banquet for Timarchides.
But this city was the Phaselis for that robber and pirate of Sicily. Hither everything was brought from all quarters; with them it was left; whatever required to be concealed, they kept separate and stored away. By their agency he contrived everything which he wished put on board ship privately, and exported secretly; and in their harbour he contrived to have a vessel of the largest size built for him to send to Italyloaded with plunder. In return for these services, he gave them immunity from all expense, all labour, all military service, in short, from everything. For three years they were the only people, not only in Sicily, but, according to my opinion, in the whole world at such a time, who enjoyed excuse, relief, freedom, and immunity from every sort of expense, and trouble, and office.
Hence arose that Verrean festival; hence it was that he ventured to order Sextus Cominius to be dragged before him at a banquet, at whom he attempted to throw a goblet, whom he ordered to be seized by the throat, and to be hurried from the banquet and thrown into a dark prison; hence came that cross, on which, in the sight of many men, he suspended a Roman citizen; that cross which he never ventured to erect anywhere except among that people, whom he had made sharers in all his crimes and robberies. Do you, O Mamertines, dare to come to praise any one? By what authority? by that which you ought to have with the Senatorial order? by that which you ought to have with the Roman people?
Is there any city, not only in our provinces, but in the most distant nations, either so powerful, or so free, or so savage and uncivilized? is there any king, who would not invite a Senator of the Roman people to his house and to his home? An honour which is paid not only to the man, but in the first place to the Roman people, by whose indulgence we have risen to this order, and secondly to the authority of this order; and unless that is respected among our allies, where will be the name and dignity of the empire among foreign nations? The Mamertines did not give me any public invitation—when I say me, that is a trifle, but when they did not invite a Senator of the Roman people, they withheld an honour due not to the man but to his order. For to Tullius himself, the most splendid and magnificent house of Cnaeus Pompeius Basilicus was opened; with whom he would have lodged even if he had been invited by you. There was also the most honourable house of the Percennii, who are now also called Pompeius; where Lucius my brother lodged and was received by them with the greatest eagerness. A Senator of the Roman people, as far as depended on you as a body, lay in your town, and passed the night in the public streets. No other city ever did such a thing. “Yes,” say you, “for you were instituting a prosecution against our friend.” Will you put your own interpretation on what private business I have of my own, by diminishing the honour due to the Senate?
But I will make my complaint of this conduct, if ever the time comes that there is any discussion concerning you among that body, which, up to this time, has been affronted by no one but you. With what face have you presented yourself before the eyes of the Roman people? when you have not yet pulled down that cross, which is even now stained with the blood of a Roman citizen, which is fixed up in your city by the harbour, and have not thrown it into the sea and purified all that place, before you came to Rome, and before this tribunal. On the territory of the Mamertines, connected with us by treaty, at peace with us, is that monument of your cruelty raised. Is not your city the only one where, when any one arrives at it from Italy, he sees the cross of a Roman citizen before he sees any friend of the Roman people? which you are in the habit of displaying to the people of Rhegium, whose city you envy, and to your inhabitants, Roman citizens as they are, to make them think less of themselves, and be less inclined to despise you, when they see the privileges of our citizenship extinguished by such a punishment.