In C. Verrem
Cicero, Marcus Tullius
Cicero. The Orations of Marcus Tullius Cicero, Volume 1. Yonge, Charles Duke, translator. London: Bell, 1903.
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.
Here will you dare to say also, “Among my judges that one is my intimate friend, that one is a friend of my father?” Is it not the case that the more acquainted or connected with you any one is, the more he is ashamed at the charges brought against you? He is your father's friend—If your father himself were your judge, what, in the name of the immortal gods, could you do when he said this to you? ldquo;You, being in a province as praetor of the Roman people, when you had to carry on a naval war, three years excused the Mamertines from supplying the ship, which by treaty they were bound to supply; by those same Mamertines a transport of the largest size was built for you at the public expense; you exacted money from the cities on the pretest of the fleet; you discharged the rowers for a bribe; when a pirate vessel had been taken by your quaestor, and by your lieutenant, you removed the captain of the pirates from every one's sight; you ventured to put to death men who were called Roman citizens, who were recognised as such by many; you dared to take to your own house pirates, and to bring the captain of the pirates into the court of justice from your own house.
You, in that splendid province, in the sight of our most faithful allies, and of most honourable Roman citizens, lay for many days together on the sea-shore in revelry and debauchery, and that at a time of the greatest alarm and danger to the province. All those days no one could find you at your own house, no one could see you in the forum; you entertained the mothers of families of our allies and friends at those banquets; among women of that sort you placed your youthful son, my grandson, in order that his father's life might furnish examples of iniquity to a time of life which is particularly unsteady and open to temptation; you, while praetor in your province, were seen in a tunic and purple cloak; you, to gratify your passion and lust, took away the command of the fleet from a lieutenant of the Roman people, and gave it to a Syracusan; your soldiers in the province of Sicily were in want of provisions and of corn; owing to your luxury and avarice, a fleet belonging to the Roman people was taken and burnt by pirates;
in your praetorship, for the first time since Syracuse was a city, did pirates sail about in that harbour, which no enemy had ever entered; moreover, you did not seek to cover these numerous and terrible disgraces of yours by any concealment on your part, nor did you seek to make men forget them by keeping silence respecting them, but you even without any cause tore the captains of the ships from the embrace of their parents, who were your own friends and connections, and hurried them to death and torture; nor, in witnessing the grief and tears of those parents, did any recollection of my name soften your heart; the blood of innocent men was not only a pleasure but also a profit to you.” If your own father were to say this to you, could you entreat pardon from him? could you dare to beg even him to forgive you?
Enough has been done by me, O judges, to satisfy the Sicilians, enough to discharge my duty and obligation to them, enough to acquit me of my promise and of the labour which I have undertaken. The remainder of the accusation, O judges, is one which I have not received from any one, but which is, if I may so say, innate in me; it is one which has not been brought to me, but which is deeply fixed and implanted in all my feelings; it is one which concerns not the safety of the allies, but the life and existence of Roman citizens, that is to say, of every one of us. And in urging this, do not, O judges, expect to hear any arguments from me, as if the matter were doubtful. Everything which I am going to say about the punishment of Roman citizens, will be so evident and notorious, that I could produce all Sicily as witnesses to prove it. For some insanity, the frequent companion of wickedness and audacity, urged on that man's unrestrained ferocity of disposition and inhuman nature to such frenzy, that he never hesitated, openly, in the presence of the whole body of citizens and settlers, to employ against Roman citizens those punishments which have been instituted only for slaves convicted of crime.
Why need I tell you how many men he has scourged? I will only say that, most briefly, O judges, while that man was praetor there was no discrimination whatever in the infliction of that sort of punishment; and, accordingly, the hands of the lictor were habitually laid on the persons of the Roman citizens, even without any actual order from Verres. Can you deny this, O Verres, that in the forum, at Lilybaeum, in the presence of a numerous body of inhabitants, Caius Servilius, a Roman citizen, an old trader of the body of settlers at Panormus, was beaten to the ground by rods and scourges before your tribunal, before your very feet? Dare first to deny this, if you can. No one was at Lilybaeum who did not see it. No one was in Sicily who did not hear of it. I assert that a Roman citizen fell down before your eyes, exhausted by the scourging of your lictors.
For what reason? O ye immortal gods!—though in asking that I am doing injury to the common cause of all the citizens, and to the privilege of citizenship, for I am asking what reason there was in the case of Servilius for this treatment, as if there could be any reason for its being legally inflicted on any Roman citizen. Pardon me this one error, O judges, for I will not in the rest of the cases ask for any reason. He had spoken rather freely of the dishonesty and worthlessness of Verres. And as soon as he was informed of this, he orders the man to Lilybaeum to give security in a prosecution instituted against him by one of the slaves of Verres. He gives security. He comes to Lilybaeum. Verres begins to compel him, though no one proceeded with any action against him, though no one made any claim on him, to be bound over in the sum of two thousand sesterces, to appear to a charge brought against him by his own lictor, in the formula,—“If he had made any profit by robbery.”—He says that he will appoint judges out of his own retinue. Servilius demurs, and entreats that he may not be proceeded against by a capital prosecution before unjust judges, and where there is no prosecutor.