In C. Verrem

Cicero, Marcus Tullius

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

These very fathers, whom you see here, lay on the threshold, and the wretched mothers spent their nights at the door of the prison, denied the parting embrace of their children, though they prayed for nothing but to be allowed to receive their son's dying breath. The porter of the prison, the executioner of the praetor, was there; the death and terror of both allies and citizens; the lictor Sextius, to whom every groan and every agony of every one was a certain gain—“To visit him, you must give so much; to be allowed to take him food into the prison, so much.” No one refused. “What now, what will you give me to put your son to death at one blow of my axe? to save him from longer torture? to spare him repeated blows? to take care that he shall give up the ghost without any sense of pain or torture?” Even for this object money was given to the lictor.

Oh great and intolerable agony! oh terrible and bitter ill-fortune! Parents were compelled to purchase, not the life of their children, but a swiftness of execution for them. And the young men themselves also negotiated with Sextius about the same execution, and about that one blow; and at last, children entreated their parents to give money to the lictor for the sake of shortening their sufferings. Many and terrible sufferings have been invented for parents and relations; many—still death is the last of all. It shall not be. Is there any further advance that cruelty can make? One stall be found—for, when their children have been executed and slain, their bodies shall be exposed to wild beasts. If this is a miserable thing for a parent to endure, let him pay money for leave to bury him.

You heard Onasus the Segestan, a man of noble birth, say that he had paid money to Timarchides for leave to bury the naval captain, Heraclius. And this (that you may not be able to say, “Yes, the fathers come, angry at the loss of their sons,”) is stated by a man of the highest consideration, a man of the noblest birth; and he does not state it with respect to any son of his own. And as to this, who was there at Syracuse at that time, who did not hear, and who does not know that these bargains for permission to bury were made with Timarchides by the living relations of those who had been put to death? Did they not speak openly with Timarchides? Were not all the relations of all the men present? Were not the funerals of living men openly bargained for? And then, when all those matters were settled and arranged, the men are brought out of prison and tied to the stake.

Who at that time was so cruel and hard-hearted, who was so inhuman, except you alone, as not to be moved by their youth, their high birth, and their misfortunes? Who was there who did not weep? who did not feel their calamity, as if he thought that it weep; not the fortune of others alone, but the common safety of all that was at stake? They are executed. You rejoice and triumph at the universal misery; you are delighted that the witnesses of your avarice are put out of the way: you were mistaken, O Verres, you were greatly mistaken, when you thought that you could wash out the stains of your thefts and iniquities in the blood of our innocent allies. You were borne on headlong in your frenzy, when you thought that you could heal the wounds of your avarice by applying remedies of inhumanity. In truth, although those who were the witnesses of your wickedness are dead, yet their relations are wanting neither to you nor to them; yet, out of this very body of naval captains some are alive, and are present here; whom, as it seems to me, fortune saved out of that punishment of innocent men.

For this trial Philarchus the Haluntian is present, who, because be did not flee with Cleomenes, was overwhelmed by the pirates, and taken prisoner; whose misfortune was his safety, who, if he had not been taken prisoner by the pirates, would have fallen into to power of this partner of pirates. He will give his evidence, concerning the discharge of the sailors, the want of provisions, and the flight of Cleomenes. Phalargus the Centuripan is present, born in a most honourable city, and in a most honourable rank. He tells you the same thing; he differs from the other in no particular.

In the name of the immortal gods, O judges, with what feelings are you sitting them? or with what feelings are you hearing these things? Am I out of my mind, and now I grieving more than I ought amid such disasters and distresses of our allies? or does this most bitter torture and agony of innocent man affect you also with an equal sense of pain? For when I say that a Herbitan, that a Heraclean was put to death, I see before my eyes all the indignity of that misfortune. That the citizens of those states, that the population of those lands, by whom and by whose care and labour an immense quantity of corn is procured every year for the Roman people, who were brought up and educated by their parents in the hope of our paternal rule, and of justice, should have been reserved for the nefarious inhumanity of Caius Verres, and for his fatal axe!

When the thought of that unhappy Tyndaritan, and of that Segestan, comes across me, then I consider at the same time the rights of the cities, and their duties. Those cities which Publius Africanus thought fit to be adorned with the spoils of the enemy, those Caius Verres has stripped, not only of those ornaments, but even of their noblest citizens, by the most abominable wickedness. See what the people of Tyndaris will willingly state. “We were not among the seventeen tribes of Sicily. We, in all the Punic and Sicilian wars, always adhered to the friendship and alliance of the Roman people; all possible aid in war, all attention and service in peace, has been at all times rendered by us to the Roman people.” Much, however, did their rights avail them, under that man's authority and government!

Scipio once led your sailors against Carthage; but now Cleomenes leads ships that are almost dismantled against pirates. “Africanus,” says he, “shared with you the spoils of the enemy, and the reward of glory; but now, you, having been plundered by me, having had your vessel taken away by the pirates, are considered in the number and class of enemies.” What more shall I say? what advantages did that relationship of the Segestans to us, not only stated in old papers, and commemorated by words, but adopted and proved by many good offices of theirs towards us, bring to them under the government of that man? Just this much, O judges, that a young man of the highest rank was torn from his father's bosom, an innocent son from his mother's embrace, and given to that man's executioner, Sextius. That city to which our ancestors gave most extensive and valuable lands, which they exempted from tribute; the city, with all the weight of its relationship to us, of its loyalty, and of its ancient alliance with us, could not obtain even this privilege, of being allowed to avert by its prayers the death and execution of one most honourable and most innocent citizen.

Whither shall the allies flee for refuge? Whose help shall they implore? by what hope shall they still be retained in the desire to live, if you abandon them? Shall they come to the senate and beg them to punish Verres? That is not a usual course; it is not in accordance with the duty of the senate. Shall they betake themselves to the Roman people? The people will easily find all excuse; for they will say that they have established a law for the sake of the allies, and that they have appointed you as guardians and vindicators of that law. This then is the only place to which they can flee; this is the harbour, this is the citadel, this is the altar of the allies; to which indeed they do not at present betake themselves with the same views as they formerly used to entertain in seeking to recover their property. They are not seeking to recover silver, nor gold, nor robes, nor slaves, nor ornaments which have been carried off from their cities and their temples;—they fear, like ignorant men, that the Roman people now allows such things and permits them to be done. For we have now for many years been suffering; and we are silent when we see that all the money of all the nations has come into the hands of a few men; which we seem to tolerate and to permit with the more equanimity, because none of these robbers conceals what he is doing; none of them take the least trouble to keep their covetousness in any obscurity.

In our most beautiful and highly decorated city what statue, or what painting is there, which has not been taken and brought away from conquered enemies? But the villas of those men are adorned and filled with numerous and most beautiful spoils of our most faithful allies. Where do you think is the wealth of foreign nations, which they are all now deprived of, when you see Athens, Pergamos, Cyzicus, Miletus, Chios, Samos, all Asia in short, and Achaia, and Greece, and Sicily, now all contained in a few villas? But all these things, as I was saying, your allies abandon and are indifferent to now. They took care by their own services and loyalty not to be deprived of their property by the public authority of the Roman people; though they were unable to resist the covetousness of a few individuals, yet they could in some degree satiate it; but now not only as all their power of resisting taken away, but also all their means also of supplying such demands. Therefore they do not care about their property; they do not seek to recover their money, though that is nominally the subject of this prosecution; that they abandon and are indifferent to;—in this dress in which you see them they now fly to you.

Behold, behold, O judges, the miserable and squalid condition of our allies. Sthenius, the Thermitan, whom you see here, with this uncombed hair and mourning robe, though his whole house has been stripped of everything, makes no mention of your robberies, O Verres; he claims to recover his own safety from you, nothing more. For you, by your lust and wickedness, have removed him entirely from his country, in which he flourished as a leading man, illustrious for his many virtues and distinguished services. This man Dexio, whom you see now present, demands of you, not the public treasures of which you stripped Tyndaris, nor the wealth of which you robbed him as a private individual, but, wretched that he is, he demands of you his most virtuous, his most innocent, his only son. He does not want to carry back home a sum of money obtained from you as damages, but he seeks out of your calamity some consolation for the ashes and bones of his son. This other man here, the aged Eubulida, has not, at the close of life, undertaken such fatigue and so long a journey, to recover any of his property, but to see you condemned with the same eyes that beheld the bleeding neck of his own son.

If it had not been for Lucius Metellus, O judges, the mothers of those men, their wives and sisters, were on their way hither; and one of them, when I arrived at Heraclea late at night, came to meet me with all the matrons of that city, and with many torches; and so, styling me her saviour, calling you her executioner, uttering in an imploring manner the name of her son, she fell down, wretched as she was, at my feet, as if I were able to raise her son from the shades below. In the other cities also the aged mothers, and even the little children of those miserable men did the same thing; while the helpless age of each class appeared especially to stand in need of my labour and diligence, of your good faith and pity.

Therefore, O judges, this complaint was brought to me by Sicily most especially and beyond all other complaints. I have undertaken this task, induced by the tears of others, not by any desire of my own for glory; in order that false condemnation, and imprisonment, and chains, and axes, and the torture of our allies, and the execution of innocent men, and last of all, that the bodies of the lifeless dead, and the agony of living parents and relations, may not he a source of profit to our magistrates. If, by that man's condemnation obtained through your good faith and strict justice, O judges, I remove this fear from Sicily, I shall think enough has been done in discharge of my duty, and enough to satisfy their wishes who have entreated this assistance from me.

Wherefore, if by any chance you find one who attempts to defend him from this accusation in the matter of the fleet, let him defend him thus; let him leave out those common topics which have nothing to do with the business—that I am attributing to him blame which belongs to fortune; that I am imputing to him disaster as a crime; that I am accusing him of the loss of a fleet, when, in the uncertain risks of war which are common to both sides, many gallant men have often met with disasters both by land and sea. I am imputing to you nothing in which fortune was concerned; you have no pretext for bringing up the disasters of others; you have nothing to do with collecting instances of the misfortunes of many others. I say the ships were dismantled; I say the rowers and sailors were discharged; I say the rest had been living on the roots of wild palms; that a Sicilian was appointed to command a fleet of the Roman people; a Syracusan to command our allies and friends; I say that, all that time, and for many preceding days, you were spending your time in drunken revels on the sea-shore with your concubines; and I produce my informants and witnesses, who prove all these charges.

Do I seem to be insulting you in your calamity; to be cutting you off from your legitimate excuse of blaming fortune? Do I appear to be attacking and reproaching you for the ordinary chances of war? Although the men who are indeed accustomed to object to the results of fortune being made a charge against them, are those who have committed themselves to her, and have encountered her perils and vicissitudes. But in that disaster of yours, fortune had no share at all. For men are accustomed to try the fortune of war, and to encounter danger in battles, not in banquets. But in that disaster of yours we cannot say that Mars had any share; we may say that Venus had. But if it is not right that the disasters of fortune should be imputed to you, why did you not allow her some weight in furnishing excuses and defence for those innocent men?

You must also deprive yourself of the argument, that you are now accused and held up to odium by me, for having punished and executed men according to the custom of our ancestors by accusation does not turn on any one's punishment. I do not say that no one ought to have been put to death; I do not say that all fear is to be removed from military service, severity from command, or punishment from guilt. I confess that there are many precedents for severe and terrible punishments inflicted not only on our allies, but even on our citizens and soldiers. You may therefore omit all such topics as these. I prove that the fault was not in the naval captains, but in you. I accuse you of having discharged the soldiers and rowers for a bribe. The rest of the naval captains say the came. The confederate city of the Netians bears public testimony to the truth of this charge. The cities of Herbita, of Amestras, of Enna, of Agyrium, of Tyndaris, and the Ionians, all give their public testimony to the same effect. Last of all, your own witness, your own commander, your own host, Cleomenes, says this,—that he had landed on the coast in order to collect soldiers from Pachynum, where there was a garrison of troops, in order to put them on board the fleet; which he certainly would not have done if the ships had had their complement. For the system of ships when fully equipped and fully manned is such that you have no room, I will not say for many more, but for even one single man more.

I say, moreover, that those very sailors who were left, were worn out and disabled by famine, and by a want of every necessary. I say, that either all were free from blame, or that if blame must be attributable to some one, the greatest blame must be due to him who had the best ship, the largest crew, and the chief command; or, that if all were to blame, Cleomenes ought not to have been a spectator of the death and torture of those men. I say, besides, that in those executions, to allow of that traffic in tears, of that bargaining for an effective wound and a deadly blow, of that bargaining for the funeral and sepulture of the victims, was impiety.

Wherefore, if you will make me any answer at all, say this,—that the fleet was properly equipped and fully manned; that no fighting-men were absent, that no bench was without its rower; that ample corn was supplied to the rowers; that the naval captains are liars; that all those honourable cities are liars; that all Sicily is a liar;—that you were betrayed by Cleomenes, when he said that he had landed on the coast to get soldiers from Pachynum; that it was courage, and not troops that he needed;—that Cleomenes, while fighting most gallantly, was abandoned and deserted by these men, and that no money was paid to any one for leave to bury the dead.—If you say this, you shall be convicted of falsehood; if you say anything else, you will not be refuting what has been stated by me.