In C. Verrem
Cicero, Marcus Tullius
Cicero. The Orations of Marcus Tullius Cicero, Volume 1. Yonge, Charles Duke, translator. London: Bell, 1903.
Not at Panormus even. What then? where do you suppose it was? He sends him away to men the furthest removed from all fear or suspicion of pirates, as unconnected as possible with, all navigation or maritime affairs—to the Centuripans, a thoroughly inland people, complete farmers, who would never have been alarmed at the name of a naval pirate, but who, while you were praetor, had lived in dread of that chief of all land pirates, Apronius. And, that every one might easily see that Verres's object was, that that counterfeit might easily and cheerfully pretend to be what he was not, he enjoins the Centuripans to take case that he is supplied as comfortably and liberally as possible with food and with all things.
In the meantime, the Syracusans, acute and humane men, who were capable not only of seeing what was evident, but also of conjecturing what was hidden, kept an account every day of the pirates who were put to death; how many there ought to be they calculated from the size of the vessel itself which had been taken, and from the number of oars. He, because he had removed and taken away all who had any skill in anything, or any beauty, suspected that there would be an outcry if he had all the pirates fastened to the stake at once, as is the usual custom, because so many more had been taken away than were left: although on this account he had determined to bring them out in different parties, at different times, still in the whole city there was no one who did not keep a strict account and list of them; and they did not only wish to see the rest, but they openly demanded and claimed it.
As there was a great number wanting, that most infamous man began to substitute, in the room of those of the pirates whom he had taken into his own house, the Roman citizens whom he had previously thrown into prison; some of whom he accused of having been soldiers of Sertorius, and said that they had been driven on shore in Sicily, while flying from Spain; others, who had been taken by pirates, while they were engaged in commerce, or else sailing with some other object, he accused of having been with the pirates of their own free will: and therefore some Roman citizens, with their heads muffled up; that they might not be recognised, were taken from prison to the fatal stake and to execution; others, though they were recognised by many Roman citizens, and though all attempted to defend them, were put to death. But of their most shameful death did most cruel tortures I will speak when I begin to discuss this topic; and I will speak with such feelings, that, if in the course of that complaint which I shall make of that man's cruelty, and of the most scandalous execution of Roman citizens, not only my strength, but even my life should fail me, I should think it delightful and honourable.
These then are his exploits, this is his splendid victory; a piratical galley was captured, the captain was released, the musicians were sent to Rome; those with any good looks, any youth, or ally skill, were taken home by him; Roman citizens were tortured and executed in their room, and to make up their number; all the store of robes was taken away, all the silver and gold was taken by him and appropriated to his own use. But how did he defend himself at the former pleading? He who had been silent for so many days, on a sudden sprang up at the evidence of Marcus Annius, a most illustrious man, when he said that a Roman citizen had been executed, and that the captain of the pirates had not. Being roused by the consciousness of his wickedness, and by the frenzy which was inspired by his crimes, he said that, because be knew that he should be accused of having taken money, and of not having executed the real captain of the pirates, he had on that account not executed him, and he said that two captains of pirates were now in confinement in his house.
See the clemency, or rather the marvellous and unexampled patience of the Roman people! Annius, a Roman knight, says that a Roman citizen was put to death by the hand of the executioner. You say nothing. He says that the captain of the pirates was not executed. You admit it. At that a groan and outcry arises from all the assembly; though nevertheless the Roman people checked themselves, and forbore to inflict present punishment on you, and left you in safety for the present, being reserved for the severity of the judges. You, who knew that you should be accused, how did you know it? how came you ever to suspect it? You had no enemy. Even if you had, still you had not lived in such a way as to have any fear of a court of justice before yourselves. Did conscience, as often happens, make you timid and suspicious? Can you, then, who, when you were in command, were even then in fear of tribunals and accusations, now that you are on your trial as a criminal, and that the case is proved against you by so many witnesses, can you, I say, doubt of your condemnation?
But if you were afraid of this accusation,—that some one might say that you had substituted some one else, whom you had caused to be executed for the captain of the pirates, did you think that it would be a stronger argument in your defence, to produce among strangers a long time after, (because I required and compelled you to do so,) a man who you said was the captain of the pirates; or to execute him, while the affair was still of recent date, at Syracuse, among people who knew him well, in the sight of almost all Sicily? See how great a difference it makes which was done. In the one case there could have been no blame attached to you; in the other you have no defence. And accordingly, all men have always done the one thing; but I can find no one before you yourself, who has ever done the other. You detained the pirate alive. Till when? As long as you were in command. Why did you do so? On what account? According to what precedent? Why did you detain him so long? Why, I say, while the Roman citizens who were taken in the pirate's company were immediately put to death, did you give the pirates themselves so long a lease of life?
However, so be it. Let your conduct be responsible all the time that you were praetor. Did you still, when you became a private man, and when you became defendant—yes, and when you were all but condemned,—did you still, I say, detain the captain of our enemies in your private house? One month, a second month, almost a year, in fact, after they were taken, were the pirates in your house; where they would be still, if it had not been for me, that is to say, if it had not been for Marcus Acilius Glabrio, the praetor, who, at my demand, ordered them to be brought up and to be committed to prison. What is the law in such a case? What is the general custom? What are the precedents? Can any private man in the whole world detain within the walls of his own house the most bitter and unceasing enemy of the Roman people or, I should rather say, the common enemy of every race and nation?
What more shall I say? What would you say, if the very day before you were compelled by me to confess that, though you had put Roman citizens to death, the pirate captain was alive and in your house—if, I say, the very day before, he had escaped from your house, and had been able to collect an army against the Roman people? Would you say, “He dwelt with me, he was in my house; in order the more easily to refute the accusations of my enemies, I reserved this man alive and in safety for my trial?” Is it so? Will you defend yourself from danger, at the risk of the whole community? Will you regulate the time of the punishments which are due to conquered enemies, by what is convenient for yourself, not by what is expedient for the Roman people? Shall an enemy of the Roman people be kept in private custody? But even those who have triumphs, and who on that account keep the generals of the enemy alive a longer time, in order that, while they are led in triumph, the Roman people may enjoy an ennobling spectacle, and a splendid fruit of victory; nevertheless, when they begin to turn their chariot from the forum towards the Capitol, order them to be taken back to prison, and the same day brings to the conquerors the end of their authority, and to the conquered the end of their lives.
And now, can I suppose that any one doubts that you would never have allowed (especially as you made sure, as you say, that a prosecution would be instituted against you) that pirate to escape execution, and to live to increase your danger which was ever before your eyes? For indeed, suppose he had died, whom could you (who say that you were afraid of a prosecution) have convinced of it? When it was notorious that the captain of the pirates had been seen by no one at Syracuse, and that all desired to see him; when no one had any doubt that he had been released by you for a sum of money; when it was a common topic of conversation that some one had been substituted in his place, who you wished to make believe was the man; when you yourself had confessed that you had, for so long a time before, been afraid of that accusation; if you had said that he had died, who would have believed you?
Now, when you produce this man of yours, whoever he may be, still you see that you are laughed at. What would you have done if he had escaped? if he had broken his bonds, as Nico, that most celebrated pirate did, who was afterwards retaken by Publius Servilius, with the same good fortune as he had originally taken him with; what would you have said then? But the case was this.—If once that real captain of the pirates was put to death, you would not get that money. If this counterfeit one had died or had escaped, it would not have been difficult to substitute another in the room of one who was himself only a substitute. I have said more than I intended of that pirate captain; and yet I have passed over those things which are the most certain proofs of this crime. For I wish the whole of this accusation to remain untouched for the present. There is a certain place for its discussion, a certain law to be mentioned in connection with it, a certain tribunal for whose judgment it is reserved.
Though enriched with all this booty, with these slaves, with this silver plate, and these robes, he was still no more diligent than before in equipping the fleet, in recalling and provisioning the troops; though that would not only have tended to the safety of the province, but might have been even profitable to himself. For in the height of summer, when all other praetors have been accustomed to visit all the province, and to travel about, or to sail about,—at a time when there was such fear of and such danger from the pirates; at that time he was not content, for the purpose of his luxury and lust, with his own kingly palace which had belonged to king Hiero, and which the praetors are in the habit of using. He ordered, as I have stated already, tents, such as he was wont to use at the summer season, erected of fine linen curtains, to be pitched on the seashore; on that part of the shore which is within the island of Syracuse, behind the fountain of Arethusa; close to the entrance and mouth of the harbour, in a very pleasant situation, and one far enough removed from overlookers.
Here the praetor of the Roman people, the guardian and defender of the province, lived for sixty days of the summer in such a style that he had banquets of women every day, while no man was admitted except himself and his youthful son. Although, indeed, I might have made no exception, but might have said that there was no man there at all, as there were only these two. Sometimes also his freedman Timarchides was admitted. But the women were all wives of citizens, of noble birth, except one the daughter of an actor named Isidorus, whom he, out of love, had seduced away from a Rhodian flute player. There was a woman called Pippa, the wife of Aeschrio the Syracusan, concerning which woman many verses, which were made on Verres's fondness for her, are quoted over all Sicily.
There was a woman too, called Nice, with a very beautiful face, as it is said, the wife of Cleomenes the Syracusan. Cleomenes, her husband, was greatly attached to her, but still he had neither the power nor the courage to oppose the lust of the praetor; and at the same time he was bound to him by many presents and many good offices. But at that time Verres, though you well know how great his impudence is, still could not, as her husband was at Syracuse, be quite easy in his mind at keeping her with him so many days on the seashore. Accordingly, he contrives a very singular plan. He gives the command of the fleet, which his lieutenant had had, to Cleomenes. He orders Cleomenes, a Syracusan, to command a fleet of the Roman people. He does this, in order that he might not only be absent from home all the time that he was at sea, but that he might be so willingly, being placed in a post of great honour and profit; and that he himself in the meantime, the husband being sent away to a distance, might have her with him,—I will not say more easily than before, for who ever opposed his lust? but with a rather more tranquil mind, as he had got rid of him, not as a husband but as a rival.—Cleomenes, a Syracusan, takes the command of a fleet of our allies and friends.
What topic of accusation or complaint shall I urge first, O judges? That the power, and honour, and authority of a lieutenant, of a quaestor, yes, even of a praetor, was given to a Sicilian? If you were so occupied with feasts and women as to be prevented from taking the command yourself, where were your quaestors? where were your lieutenants? where was the corn valued at three denarii? where were the mules? where were the tents? where were all the numerous and splendid badges of honour conferred and bestowed by the senate and people of Rome on their magistrates and lieutenants? Lastly, where were your prefects and tribunes? If there was no Roman citizen worthy of that employment, what had become of the cities which had always remained true to the alliance and friendship of the Roman people? What had become of the city of Segesta? of the city of Centuripa? which both by old services, by good faith, by antiquity of alliance, and even by relationship, are connected with the name of the Roman people.
O ye immortal gods! What shall we say, when Cleomenes, a Syracusan, is ordered to command the soldiers, and the ships, and the officers of these very cities? Has not Verres by such an action taken away all the honour due to worth, to justice, and to old services? Have we ever once waged war in Sicily, that we have not had the Centuripans for our friends, and the Syracusans for our enemies? And I am speaking now only by way of recollection of past time, not as meaning insult to that city. And therefore that most illustrious man and consummate general, Marcus Marcellus, by whose valour Syracuse was taken, by whose clemency it was preserved, forbade any Syracusan to dwell in that part of the city which is called the Island. To this day, I say, it is contrary to law for any Syracusan to dwell in that part of the city. For it is a place which even a very few men can defend. And therefore he would not entrust it to any but the most faithful men; and he had another reason too, because in that part of the city there is access to ships from the open sea. Therefore he did not think fit to entrust the keys of the place to those who had often excluded our armies.
See now how great is the difference between your lust and the authority of our ancestors; between your love and frenzy, and their wisdom and prudence. They took away from the Syracusans all access to the shore; you have given them the command of the sea. They would not allow a Syracusans to dwell in that part of the city which ships could approach; you appointed a Syracusan to command the fleet and the ships. You gave those men a part of our sovereignty, from whom they took a part of their own city; and you ordered those allies of ours to be obedient to the Syracusans, to whose aid it is owing that the Syracusans are obedient to us.
Cleomenes leaves the harbour in a Centuripan trireme. A Segestan vessel comes next; then a Tyndaritan ship; then one from Herbita, one from Heraclia, one from Apollonia, one from Haluntium; a fine fleet to look at, but helpless and useless because of the discharge of its fighting men, and of its rowers. That diligent praetor surveyed the fleet under his orders, as long as it was passing by his scene of profligate revelry. And he too, who for many days had not been seen, then for a short time afforded the sailors a sight of himself. The praetor of the Roman people stood in his slippers, clad in a purple cloak, and a tunic reaching down to his ankles, leaning on a prostitute on the shore. And since that time, many Sicilians and Roman citizens have often seen him in this very dress.
After the fleet had proceeded a little way, and had arrived, after five days' sailing, at Pachynum, the sailors, being compelled by hunger, gather the roots of the wild palm, of which there was a great quantity in that neighbourhood, as there is in most parts of Sicily, and support themselves in a miserable and wretched way on these. But Cleomenes, who considered himself another Verres, not only in luxury and worthlessness, but in power also, spent, like him, all his days in drinking in a tent which he had pitched on the seashore. But all of a sudden, while Cleomenes was drunk, and all his crews famishing, news is brought that a fleet of pirates is in the harbour of Odyssea; for that is the name of the place. But our fleet was in the harbour of Pachynum. But Cleomenes, because there was a garrison of troops (in name, if not in reality) in that place, fancied that, with the soldiers he drew from thence, he might make up his proper complement of sailors and rowers. The same system was found to nave been put in practice by that most covetous man with respect to the troops, that had been adopted towards the fleet, for only a few remained, and the rest had been discharged.
Cleomenes, as commander-in-chief, in a Centuripan quadrireme ordered the mast to be erected, the sails to be set, the anchor to be weighed, and made signal for the rest of the ships to follow him. This Centuripan vessel was an extraordinarily fast sailer; for, while Verres was praetor, no one had any opportunity of knowing what each ship could do with oars; although in order to do honour and to show favour to Cleomenes, there was a much smaller deficiency of rowers and soldiers in that quadrireme. The quadrireme, almost flying, had already got out of sight, while the other ships were still hard at work in their original station.
However those who were left behind displayed a good deal of courage. Although they were few in numbers, still they cried out, that whatever might be the event, they were willing to fight; and they preferred losing by the sword the little life and strength that hunger had left them. And if Cleomenes had not run away so long before, there would have been some means of making resistance, for that ship was the only one with a deck, and was large enough to have been a bulwark to the rest, and if it had been engaged in battle with the pirates, it would have looked like a city among those piratical galleys; but at that time the sailors being helpless, and deserted by their commander and prefect of the fleet, began of necessity to hold the same course that he had held.