In C. Verrem

Cicero, Marcus Tullius

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

If I were saying this among Scythians, not before such a multitude of Roman citizens, not before the most select senators of the city, not in the forum of the Roman people,—if I were relating such numerous and bitter punishments inflicted on Roman citizens, I should move the pity of even those barbarous men. For so great is the dignity of this empire, so great is the honour in which the Roman name is held among all nations, that the exercise of such cruelty towards our citizens seems to be permitted to no one. Can I think that there is any safety or any refuge for you, when I see you hemmed in by the severity of the judges, and entangled as it were in the meshes of a net by the concourse of the Roman people here present?

If, indeed, (though I have no idea that that is possible,) you were to escape from these toils, and effect your escape by any way or any method, you will then fall into that still greater net, in which you must be caught and destroyed by me from the elevation in which I stand. For even if I were to grant to him all that he urges in his defence, yet that very defence must turn out not less injurious to him than my true accusation. For what does he urge in his defence? He says that he arrested men flying from Spain, and put them to death. Who gave you leave to do so? By what right did you do so? Who else did the same thing? How was it lawful for you to do so?

We see the forum and the porticoes full of those men, and we are contented to see them there. For the end of civil dissensions, and of the (shall I say) insanity, or destiny, or calamity in which they take their rise, is not so grievous as to make it unlawful for us to preserve the rest of our citizens in safety. That Verres there, that ancient betrayer of his consul, that transferrer [*](See the first book of this second pleading against Verres, c. 37.) of the quaestorship, that embezzler of the public money, has taken upon himself so much authority in the republic, that he would have inflicted a bitter and cruel death on all those men whom the senate, and the Roman people, and the magistrates allowed to remain in the forum, in the exercise of their rights as voters' in the city and in the republic, if fortune had brought them to any part of Sicily.

After Perperna was slain, many of the number of Sertorius's soldiers fled to Cnaeus Pompeius, that most illustrious and gallant man. Was there one of them whom he did not preserve safe and unhurt with the greatest kindness? was there one suppliant citizen to whom that invincible right hand was not stretched out as a pledge of his faith, and as a sure token of safety? Was it then so? Was death and torture appointed by you, who had never done one important service to the republic, for those who found a harbour of refuge in that man against whom they had borne arms? See what an admirable defence you have imagined for yourself. I had rather, I had rather in truth, that the truth of this defence of yours were proved to these judges and to the Roman people, than the truth of my accusation. I had rather, I say, that you were thought a foe and an enemy to that class of men than to merchants and seafaring men. For the accusation I bring against you impeaches you of excessive avarice: the defence that you make for yourself accuses you of a sort of frenzy, of savage ferocity, of unheard-of cruelty, and of almost a new proscription.

But I may not avail myself of such an advantage as that, O judges; I may not; for all Puteoli is here; merchants in crowds have come to this trial, wealthy and honourable men, who will tell you, some that their partners, some that their freedmen were plundered by that man, were thrown into prison, that some were privately murdered in prison, some publicly executed. See now how impartially I will behave to you. When I produce Publius Granius as a witness to state that his freedmen were publicly executed by you, to demand back his ship and his merchandise from you, refute him if you can; I will abandon my own witness and will take your part; I will assist you, I say, prove that those men have been with Sertorius, and that, when flying from Dianium, they were driven to Sicily. There is nothing which I would rather have you prove. For no crime can be imagined or produced against you which is worthy of a greater punishment.

I will call back the Roman knight, Lucius Flavius, if you wish; since at the previous pleading, being influenced, as your advocates are in the habit of saying, by some unusual prudence, but, (as all men are aware,) being overpowered by your own conscience, and by the authority of my witnesses, you did not put a question to any single witness. Let Flavius be asked, if you like, who Lucius Herennius was, the man who, he says, was a money-changer at Leptis; who, though he had more than a hundred Roman citizens in the body of settlers at Syracuse, who not only knew him, but defended him with their tears and with entreaties to you, was still publicly executed by you in the sight of all the Syracusans. I am very willing that this witness of mine should also be refuted, and that it should be demonstrated end proved by you that that Herennius had been one of Sertorius's soldiers.

What shall we say of that multitude of those men who were produced with veiled heads among the pirates and prisoners in order to be executed? What was that new diligence of yours, and on what account was it put in operation? Did the loud outcries of Lucius Flavius and the rest about Lucius Herennius influence you? Had the excessive influence of Marcus Annius, a most influential and most honourable man, made you a little more careful and more fearful? who lately stated in his evidence that it was not some stranger, no one knows who, nor any foreigner, but a Roman citizen who was well known to the whole body of inhabitants, who had been born at Syracuse, who had been publicly executed by you.

After this loud statement of theirs,—after this had become known by the common conversation and common complaints of all men, he began to be, I will not say more merciful in his punishments, but mere careful. He established the rule of bringing out Roman citizens for punishment with their heads muffled up, whom, however, he put to death in the sight of all men, because the citizens (as we have said before) were calculating the number of pirates with too much accuracy. Was this the condition that was established for the Roman people while you were praetor? were these the hopes under which they were to transact their business? was this the danger in which their lives and condition as freemen were placed? are there not risks enough at the hands of fortune to be encountered of necessity by merchants, unless they are threatened also with these terrors by our magistrates, and in our provinces? Was this the state to which it was decent to reduce that suburban and loyal province of Sicily, full of most valued allies, and of most honourable Roman citizens, which has at all times received with the greatest willingness all Roman citizens within its territories, that those who were sailing from the most distant parts of Syria or Egypt, who had been held in some honour, even among barbarians, on account of their name as Roman citizens, who had escaped from the ambushes of pirates, from the dangers of tempests, should be publicly executed in Sicily when they thought that they had now reached their home?