Cicero, Verrine Orations
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§ 2.2.87 There were many statues of brass; among them a statue of Himera herself, of marvellous beauty, made in the shape and dress of a woman, after the name of the town and of the river. There was also a statue of the poet Stesichorus, aged, stooping — made, as men think, with the most exceeding skill — who was, indeed, a citizen of Himera, but who both was and is in the highest renown and estimation over all Greece for his genius. These things he coveted to a degree of madness. There is also, which I had almost passed over, a certain she- goat made, as even we who are skilled in these matters can judge, with wonderful skill and beauty. These, and other works of art, Scipio had not thrown away like a fool, in order that an intelligent man like Verres might have an opportunity of carrying them away, but he had restored them to the people of Thermae; not that he himself had not gardens, or a suburban villa, or some place or other where he could put them; but, if he had taken them home, they would not long have been called Scipio's, but theirs to whom they had come by his death. Now they are placed in such places that it seems to me they will always seem to be Scipio's, and so they are called. [36]
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§ 2.2.88 When that fellow claimed those things, and the subject was mooted in the senate, Sthenius resisted his claim most earnestly, and urged many arguments, for he is among the first men in all Sicily for fluency of speech. He said that it was more honourable for the men of Thermae to abandon their city than to allow the memorials of their ancestors, the spoils of their enemies, the gifts of a most illustrious man, the proofs of the alliance and friendship with the Roman people, to be taken away out of their city. The minds of all were moved. No one was found who did not agree that it was better to die. And so Verres found this town almost the only one in the whole world from which he could not carry off anything of that sort belonging to the community, either by violence, or by stealth, or by his own absolute power, or by his interest, or by bribery. But, however, all this covetousness of his I will expose another time; at present I must return to Sthenius.
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§ 2.2.89 Verres being furiously enraged against Sthenius, renounces the connection of hospitality with him, leaves his house, and departs; for, indeed, he had moved his quarters before. The greatest enemies of Sthenius immediately invite him to their houses, in order to inflame his mind against Sthenius by inventing lies and accusing him. And these enemies were, Agathinus, a man of noble birth, and Dorotheus, who had married Callidama, the daughter of that same Agathinus, of whom Verres had heard. So he preferred migrating to the son-in-law of Agathinus. Only one night elapsed before he became so intimate with Dorotheus, that, as one might say, they had everything in common. He paid as great attention to Agathinus as if he had been some connection or relation of his own. He appeared even to despise that statue of Himera, because the figure and features of his hostess delighted him much more. [37]
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§ 2.2.90 Therefore he began to instigate the men to create some danger for Sthenius, and to invent some accusation against him. They said they had nothing to allege against him. On this he openly declared to them, and promised to them that they might prove whatever they pleased against Sthenius if they only laid the information before him. So they do not delay. They immediately bring Sthenius before him; they say that the public documents have been tampered with by him. Sthenius demands, that as his own fellow-citizens are prosecuting him on a charge of tampering with the public documents, and as there is a right of action on such a charge according to the laws of the Thermitani since the senate and people of Rome had restored to the Thermitani their city, and their territory and their laws, because they had always remained faithful and friendly; and since Publius Rupilius had afterwards, in obedience to a degree of the senate, given laws to the Sicilinus, acting with the advice of ten commissioners, according to which the citizens were to use their own laws in their actions with one another; and singe Verres himself had the same regulation contained in his edict; — on all these accounts, I say, he claims of Verres to refer the matter to their own laws.
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§ 2.2.91 That man, the justest of all men, and the most remote from covetousness, declares that he will investigate the affair himself, and bids him come prepared to plead his cause at the eighth hour. It was not difficult to see what that dishonest and wicked man was designing. And, indeed, he did not himself very much disguise it, and the woman could not hold her tongue. It was understood that his intention was, that, after he, without any pleading taking place, and without any witnesses being called, had condemned Sthenius, then, infamous that he was, he should cause the man, a man of noble birth, of mature age, and his own host, to be cruelly punished by scourging. And as this was notorious, by the advice of his friends and connections, Sthenius fled from there to Rome. He preferred trusting himself to the winter and to the waves, rather than not escape that common tempest and calamity of all the Sicilians. [38]
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§ 2.2.92 That punctual and diligent man is ready at the eighth hour. He orders Sthenius to be summoned; and, when he sees that he does not appear, he begins to burn with indignation, and to go mad with rage; to despatch 55 officers to his house; to send horsemen in every direction about his farms and country houses — and as he kept waiting there till some certain news could be brought to him, he did not leave the court till the third hour of the night. The next day he came down again the first thing in the morning; he calls Agathinus, he bids him make his statement about the public documents against Sthenius in his absence. It was a cause of such a character, that, even though he had no adversary in court, and a judge unfriendly to the defendant, still he could not find anything to say.
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§ 2.2.93 So that he confined himself to the mere statement that, when Sacerdos was praetor, Sthenius had tampered with the public documents. He had scarcely said this when Verres gives sentence “that Sthenius seems to have tampered with the public documents,” and, moreover, this man so devoted to Venus, added this besides, with no precedent for, no example of, such an addition, “For that action he should adjudge five hundred thousand sesterces to Venus Erycina out of the property of Sthenius.” And immediately he began to sell his property; and he would have sold it, if there had been ever so little delay in paying him the money.
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§ 2.2.94 After it was paid, he was not content with this iniquity; he gave notice openly from the seat of justice, and from the tribunal, “That if any one wished to accuse Sthenius in his absence of a capital charge, he was ready to take the charge.” And immediately he began to instigate Agathinus, his new relation and host, to apply himself to such a cause, and to accuse him. But he said loudly, in the hearing of every one, that he would not do so, and that he was not so far an enemy to Sthenius as to say that he was implicated in any capital crime. Just at this moment a man of the name of Pacilius, a needy and worthless man, arrives on a sudden. He says, that he is willing to accuse the man in his absence if he may. And Verres tells him that he may, that it is a thing often done, and that he will receive the accusation. So the charge is made. Verres immediately issues an edict that Sthenius is to appear at Syracuse on the first of December.
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§ 2.2.95 He, when he had reached Rome, and had a sufficiently prosperous voyage for so unfavourable a time of year, and had found everything more just and gentle than the disposition of the praetor, his own guest, related the whole matter to his friends, and it appeared to them all cruel and scandalous, as indeed it was. [39] Therefore Cnaeus Lentulus and Lucius Gellius the consuls immediately propose in the senate that it be established as a law, if it so seem good to the conscript fathers, “That men be not proceeded against on capital charges in the provinces while they are absent.” They relate to the senate the whole case of Sthenius, and the cruelty and injustice of Verres. Verres, the father of the praetor, was present in the senate, and with tears begged all the senators to spare his son, but he had not much success. For the inclination of the senate for the proposal of the consuls was extreme. Therefore opinions were delivered to this effect; “that as Sthenius had been proceeded against in his absence, it seemed good to the senate that no trial should take place in the case of an absent man; and if anything had been done, it seemed good that it should not be ratified.”
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§ 2.2.96 On that day nothing could be done, because it was so late, and because his father had found men to waste the time in speaking. Afterwards the elder Verres goes to all the defenders and connections of Sthenius; he begs and entreats them not to attack his son, not to be anxious about Sthenius; he assures them that he will take care that he suffers no injury by means of his son; that with that object he will send trustworthy men into Sicily both by sea and land. And it wanted now about thirty days of the first of December, on which day he had ordered Sthenius to appear at Syracuse.
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§ 2.2.97 The friends of Sthenius are moved; they hope that by the letters and messengers of the father the Bon may be called off from his insane attempt. The cause is not agitated any more in the senate. Family messengers come to Verres, and bring him letters from his father before the first of December, before any steps whatever had been taken by him in Sthenius's affair; and at the same time many letters about the same business are brought to him from many of his friends and intimates. [40] On this he, who had never any regard either for his duty or his danger, or for affection, or for humanity, when put in competition with his covetousness, did not think, as far as he was advised, that the authority of his father, nor, as far as he was entreated, that his inclination was to be preferred to the gratification of his own evil passions. On the morning of the first of December, according to his edict, he orders Sthenius to be summoned.
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§ 2.2.98 If your father, at the request of any friend, whether influenced by kindness or wishing to curry favour with him, had made that petition to you, still the inclination of your father ought to have had the greatest weight with you; but when he begged it of you for the sake of your own safety from a capital charge, and when he had sent trustworthy men from home, and when they had come to you at a time when the whole affair was still intact, could not even then a regard, if not for affection, at least for your own safety, bring you back to duty and to common sense? He summons the defendant. He does not answer. He summons the accuser. (Mark, I pray you, O judges; see how greatly fortune herself opposed that man's insanity, and see at the same time what chance aided the cause of Sthenius;) the accuser, Marcus Pacilius, being summoned, (I know not how it came about,) did not answer, did not appear.
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§ 2.2.99 If Sthenius had been accused while present, if he had been detected in a manifest crime, still, as his accuser did not appear, Sthenius ought not to have been condemned. In truth, if a defendant could be condemned though his accuser did not appear, I should not have come from Vibo to Velia in a little boat through the weapons of fugitive slaves, and pirates, and through yours, at a time when all that haste of mine at the peril of my life was to prevent your being taken out of the list of defendants if I did not appear on the appointed day. If then in this trial of yours that was the most desirable thing by you — namely, for me not to appear when I was summoned, why did you not think that it ought also to serve Sthenius that his accuser had not appeared? He so managed the matter that the end entirely corresponded to the beginning; the same man against whom he had received an accusation while he was absent, he condemns now when the accuser is absent. [41]
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§ 2.2.100 At the very outset news was brought to him that the matter had been agitated in the senate, (which his father also had written him word of at great length,) that also in the public assembly Marcus Palicanus, a tribune of the people, had made a complaint to their of the treatment of Sthenius; lastly, that I myself had pleaded the cause of Sthenius before this college of the tribunes of the people, as by their edict no one was allowed to remain in Rome who had been condemned on a capital 56 charge; and that when I had explained the business as I have now done to you, and had proved that this had no right to be considered a condemnation, the tribunes of the people passed this resolution, and that it was unanimously decreed by them, “That Sthenius did not appear to be prohibited by their edict from remaining in Rome.”
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§ 2.2.101 When this news was brought to him, he for a while was alarmed and agitated; he turned the blunt end of his pen 57 on to his tablets, and by so doing he overturned the whole of his cause. For he left himself nothing which could be defended by any means whatever. For if he were to urge in his defence, “It is lawful to take a charge against an absent man, no law forbids this being done in a province,” he would seem to be putting forth a faulty and worthless defence, but still it would be some sort of a defence. Lastly, he might employ that most desperate refuge, of saying, that he had acted ignorantly; that he had thought that it was lawful. And although this is the worst defence of all, still he would seem to have said something. He erases that from his tablets which he had put down, and enters “that the charge was brought against Sthenius while he was present.” [42]
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§ 2.2.102 Here consider in how many toils he involved himself; from which he could never disentangle himself. In the first place, he had often and openly declared himself in Sicily from his tribunal, and had asserted to many people in private conversation, that it was lawful to take a charge against an absent man; that he, for example, had done so himself — which he had. That he was in the habit of constantly saying this, was stated at the former pleading by Sextus Pompeius Chlorus, a man of whose virtue I have before spoken highly; and by Cnaeus Pompeius Theodorus, a man approved of by the judgment of that most illustrious man Cnaeus Pompeius in many most important affairs, and, by universal consent, a most accomplished person; and by Posides Matro of Soluntum, a man of the highest rank, of the greatest reputation and virtue. And as many as you please will tell you the same thing at this present trial, both men who have heard it from his own mouth — some of the leading men of our order — and others too who were present when the accusation was taken against Sthenius in his absence. Moreover at Rome, when the matter was discussed in the senate, all his friends, and among them his own father, defended him on the ground of its being lawful so to act; — of its having been done constantly; — of his having done what he had done according to the example and established precedent of others.
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§ 2.2.103 Besides, all Sicily gives evidence of the fact which in the common petitions of all the states has prescribed this request to the consuls, “to beg and entreat of the conscript fathers, not to allow charges to be received against the absent.” Concerning which matter you heard Cnaeus Lentulus, the advocate of Sicily, and a most admirable young man, say, that the Sicilians, when they were instructing him in their case, and pointing out to him what matters were to be urged in their behalf before the senate, complained much of this misfortune of Sthenius, and on account of this injustice which had been done to Sthenius, resolved to make this demand which I have mentioned.
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§ 2.2.104 And as this is the ease, were you endued with such insanity and audacity, as, in a matter so clear, so thoroughly proved — made so notorious even by you yourself, to dare to corrupt the public records? But how did you corrupt them? Did you not do it in such a way that, even if we all kept silence, still your own handwriting would be sufficient to condemn you? Give me, it you please, the document. Take it round to the judges; show it to them. Do you not see that the whole of this entry, where he states that the charge was made against Sthenius in his presence, is a correction? What was written there before? What blunder did he correct when he made that erasure? Why, O judges, do you wait for proofs of this charge from us? We say nothing; the books are before you, which cry out themselves that they have been tampered with and amended.
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§ 2.2.105 Do you think you can possibly escape out of this business, when we are following you up, not by any uncertain opinion, but by your own traces, which you have left deeply printed and fresh in the public documents? Has he decided, (I should like to know,) without hearing the cause, that Sthenius has tampered with the public documents, who cannot possibly defend himself from the charge of having tampered with the public documents in the case of that very Sthenius? [43]
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§ 2.2.106 See now another instance of madness; see how, in trying to acquit himself; he entangles himself still more. He assigns an advocate to Sthenius. — Whom? Any relation or intimate friend? No. — Any citizen, any honourable and noble man of Florentia? Not even that. — At least it was some Sicilian, in whom there was some credit and dignity? Far from it. — Whom then did he assign to him? A Roman citizen. Who can approve of this? When Sthenius was the man of the highest rank in his city, a man of most extensive connections, with numberless friends; when, besides, he was of the greatest influence all over Sicily, by his own personal character and popularity; could he find no Sicilian who was willing to be appointed his advocate? Will you approve of this? Did he himself prefer a Roman citizen? Tell me what Sicilian, when he was defendant in any action, ever had a Roman citizen assigned to him as his advocate? Produce the records of all the praetors who preceded Verres; open them. If you find one such instance, I will then admit to you that this was done as you have entered it in your public documents.
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§ 2.2.107 Oh but, I suppose, Sthenius thought it honourable to himself for Verres to choose a man for his advocate out of the number of Roman citizens who were his own friends and connections! Whom did he choose? Whose name is written in the records? Caius Claudius, the son of Caius, of the Palatine tribe. I do not ask who this Claudius is; how illustrious, how honourable, how well suited to the business, and deserving that, because of his influence and dignity, Sthenius should abandon the custom of all the Sicilians, and have a Roman citizen for his advocate. I do not ask any of these questions; — for perhaps Sthenius was influenced not by the high position of the man, but by his intimacy with him. — What? What shall we say if there was in the whole world a greater enemy to Sthenius than this very Caius Claudius, both constantly in old times, and especially at this time and in this affair? — if he appeared against him on the charge of tampering with the public documents? — if he opposed him by every means in his power? Which shall we believe — that an enemy of Sthenius was actually appointed his advocate, or that you, at a time of the greatest danger to Sthenius, made free with the name of his enemy, to ensure his ruin? [44]
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§ 2.2.108 And that no one may have any doubt as to the real nature of the whole transaction, although I feel sure that by this time that man's rascality is pretty evident to you all, still listen yet a little longer. Do you see that man with curly hair, of a dark complexion, who is looking at us with such a countenance as shows that he seems to himself a very clever fellow? him, I mean, who has the papers in his hand — who is writing — who is prompting him — who is next to him. That is Caius Claudius, who in Sicily was considered Verres's agent and interpreter, the manager of all his dirty work, a sort of colleague to Timarchides. Now he is promoted so high that he scarcely seems to yield to Apronius in intimacy with him; indeed he called himself the colleague and ally not of Timarchides, but of Verres himself.
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§ 2.2.109 Now doubt, if you can, that he chose that man of all the world to impose the worthless character of a false advocate on, whom he knew to be most hostile to Sthenius, and most friendly to himself. And will you hesitate in this case, O judges, to punish such enormous audacity and cruelty and injustice as that of this man? Will you hesitate to follow the example of those judges, who, when they had condemned Cnaeus Dolabella, rescinded the condemnation of Philodamus of Opus, because a charge had been received against him not in his absence, which is of all things the most unjust and the most intolerable, but after a commission had been given him by his fellow-citizens to proceed to Rome as their ambassador? That precedent which the judges, in obedience to the principles of equity, established in a less important cause, will you hesitate to adopt in a cause of the greatest consequence, especially now that it has been established by the authority of others? [45]
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§ 2.2.110 But who was it, O Verres, whom you treated with such great, with such unexampled injustice? Against whom did you receive a charge in his absence? Whom did you condemn in his absence; not only without any crime, and without any witness, but even without any accuser? Who was it? O ye immortal gods! I will not say your own friend — that which is the dearest title among men. I will not say your host — which is the most holy name. There is nothing in Sthenius's case which I speak of less willingly. The only thing which I find it possible to blame him in is — that he, a most moderate and upright man, invited you, a man full of adultery, and crime, and wickedness, to his house; that he, who had been and was connected by ties of hospitality with Caius Marius, with Cnaeus Pompeius, with Caius Marcellus, with Lucius Sisenna, your defender, and with other excellent citizens, added your name also to that of those unimpeachable men.
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§ 2.2.111 On which account I make no complaint of violated hospitality, and of your abominable wickedness in violating it; I say this not to those who know Sthenius — that is to say, not to any one of those who have been in Sicily; (for no one who has is ignorant in how great authority he lived in his own city, in what great honour and consideration among all the Sicilians;) but I say it that those, too, who have not been in the province, may be able to understand who he was in whose case you established such a precedent, that both on account of the iniquity of the deed, as well as on account of the rank of the man, it appeared scandalous and intolerable to every one. [46]
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§ 2.2.112 Is not Sthenius the man, he who when he had very easily obtained all the honourable offices in his city, executed them with the greatest splendor, and magnificence? — who decorated a town, not itself of the first rank, with most spacious places of public resort, and most splendid monuments, at his own expense? — on account of whose good services towards the state of Thermae, and towards all the Sicilians, a brazen tablet was set up in the senate-house at Thermae; in which mention was made of his services, and engraved at the public expense? — which tablet was torn down under your government, and is now brought hither by me, that all may know the honour in which he was held among his countrymen, and his preeminent dignity.
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§ 2.2.113 Is this the man, who when he was accused before that most illustrious man, Cnaeus Pompeius, and when his enemies and accusers charged him, in terms calculated to excite odium against him, rather than true, of having been ill affected to the republic on account of his intimacy and his connections of hospitality with Caius Marius, was acquitted by Cnaeus Pompeius with such language as showed that, from what had come out at that very trial, Cnaeus Pompeius judged him most worthy of his own intimacy? and moreover was defended and extolled by all the Sicilians in such a manner, that Pompeius thought that by his acquittal he had earned, not only the gratitude of the man himself, but that of the whole province? Lastly, is not he the man who had such affection towards the republic, and also such great authority among his fellow-citizens, that he alone in all Sicily, while you were praetor, did what not only no other Sicilian, but what all Sicily even could not do — namely, prevented you from taking away any statue, any ornament, any sacred vessel, or any public property from Thermae; and that too when there were many remarkable beautiful things there, and though you coveted everything?
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§ 2.2.114 See now, what a difference there is between you, in whose name days of festival are kept among the Sicilians, and those splendid Verrean games, are celebrated; to whom gilt statues are erected at Rome, presented by the commonwealth of Sicily, as we see inscribed upon them; — see, I say, what a difference there is between you and this Sicilian, who was condemned by you, the patron of Sicily. Him very many cities of Sicily praise by public resolutions in his favour, by their own evidence, by deputations went hither with that object. You, the patron of all the Sicilians, the solitary state of the Mamertini, the partner of your thefts and crimes, praises publicly; and yet in such a way that, by a new process, the deputies themselves injure your cause, though the deputation praises you. These other states all publicly accuse you, complain of you, impeach you by letters, by deputations, by evidence; and, if you are acquitted, think themselves utterly ruined. [47]
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§ 2.2.115 It is in the case of this man and of his property that you have erected a monument of your crimes and cruelty even on Mount Eryx itself; on which is inscribed the name Sthenius of Thermae. I saw a Cupid made of silver, with a torch. What object had you — what reason was there for employing the plunder of Sthenius on that subject rather than on any other? Did you wish it to be a token of your own cupidity, or a trophy of your friendship and connection of hospitality with him, or a proof of your love towards him? Men, who in their excelling wickedness are pleased not only with their lust and pleasure itself, but also with the fame of their wickedness, do wish to leave in many places the marks and traces of their crimes.
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§ 2.2.116 He was burning with love of that hostess for whose sake he had violated the laws of hospitality. He wished that not only to be known, but also to be recorded for ever. And therefore, out of the proceeds of that very action which he had performed, Agathinus being the accuser, he thought that a reward was especially due to Venus, who had caused the prosecution and the whole proceeding. I should think you grateful to the Gods if you had given this gift to Venus, not out of the property of Sthenius, but out of your own, as you ought to have done, especially as an inheritance had come to you from Chelidon that very same year.
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§ 2.2.117 On these grounds now, even if I had not undertaken this cause at the request of all the Sicilians; if the whole province had not requested this favour of me; if my affection and love for the republic, and the injury done to the credit of our order and of the courts of justice, had not compelled me to do so; and if this had been my only reason, that you had so cruelly, and wickedly, and abominably treated my friend and connection 58 Sthenius, to whom I had formed an extraordinary attachment in my quaestorship, of whom I had the highest possible opinion, whom while I was in the province I knew to be most zealous and earnest for my reputation — I should still think I had plenty of reason to incur the enmity of a most worthless man, in order to defend the safety and fortunes of my friend.
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§ 2.2.118 Many men have done the same in the times of our ancestors. Lately, too, that most eminent man Cnaeus Domitius did so, who accused Marcus Silanus, a man of consular rank, on account of the injuries done by him to Egritomarus of the Transalpine country, his friend. I should think it became me to follow the example of their good feeling and regard for their duty; and I should hold out hope to my friends and connections to think that they would live a safer life owing to my protection. But when the cause of Sthenius draws along with it the common calamity of the whole province, and when many of my friends and connections are being defended by me at the same time, both in their public and private interests, I ought not in truth to fear that any one can suppose that I have done what I have in undertaking this cause under the pressure and compulsion of any motive except that of the strictest duty. [48] And that we may at last give up speaking of the investigations made, and the judicial proceedings conducted, and of the decisions given by that man; and as his exploits of that class are countless, let us put some bounds and limits to our speech and accusation. We will take a few cases of another sort.
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§ 2.2.119 You have heard Quintus Varius say, that his agents paid that man a hundred and thirty thousand sesterces for a decision in his cause. You recollect that the evidence of Quintus Varius was corroborated, and that this whole affair was proved by the testimony of Caius Sacerdos, a most excellent man. You know that Cnaeus Sertius and Marcus Modius, Roman knights, and that six hundred Roman citizens besides, and many Sicilians, said that they had given that money for decisions in their causes. And why need I dilate upon this accusation when the whole matter is set plainly forth in the evidence? Why should I argue about what no one can doubt? Or will any man in the world doubt that he set up his judicial decisions for sale in Sicily, when at Rome he sold his very edict and all his decrees? and that he received money from the Sicilians in issuing extraordinary decrees, when he actually made a demand on Marcus Octavius Ligur for giving a decision on his cause?
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§ 2.2.120 For what method of extorting money did he ever omit? What method did he fail to devise, even if it had escaped the notice of every one else? Was anything in the Sicilian states ever sought to be obtained in which there is any honour, any power, or any authority, that you did not make it a source of your own gain, and sell it to the best bidder? [49] At the former pleading evidence was given of both a public and a private nature; deputies from Centuripa, from Halesa, from Catina, and from Panormus, and from many other cities gave evidence; but now, also, a great many private individuals have been examined, by whose testimony you have ascertained that no one in all Sicily for the space of three years was ever made senator in any city for nothing — no one by vote, as their laws prescribe — no one except by his command, or by his letters; and that in the appointment of all these senators, not only were no votes given, but there was not even any consideration of those families from which it was lawful to select men for that body, nor of their income, nor of their age; nor were any other of the Sicilian laws of the slightest influence.
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§ 2.2.121 Whoever wished to be made a senator, though he was a boy, though he was unworthy, though he was of a class from which it was not lawful to take senators; still, if he paid money enough to appear in his eyes a fit man to gain his object, so it always was. Not only the laws of the Sicilians had no influence in this matter, but even those which had been given to them by the senate and people of Rome had none either. For the laws which he makes who has the supreme command given to him by the Roman people, and authority to make laws conferred on him by the senate, ought to be considered the laws of the senate and people of Rome.
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§ 2.2.122 The citizens of Halesa, who were till lately in the enjoyment of their own laws, in return for the numerous and great services and good deeds done both by themselves and by their ancestors to our republic, lately in the consulship of Lucius Licinius and Quintus Mucius [95 BCE], requested laws from our senate, as they had disputes among themselves about the elections into their senate. The senate, by a very honourable decree, voted that Caius Claudius Pulcher, the son of Appius the praetor, should give them laws to regulate their elections into their senate. Caius Claudius, taking as his counselors all the Marcelli who were then alive, with their advice gave laws to the men of Halesa in which he laid down many rules about the age of the men who might be elected; that no one might be under thirty years of age; about trade — that no one engaged in it might be elected; about their income, and about all other matters; all which regulations prevailed till that man became praetor by the authority of our magistrates, and with the cordial good-will of the men of Halesa. But from him even a crier who was desirous of it, bought that rank for a sum of money, and boys sixteen and seventeen years old purchased the title of senator; and that which the men of Halesa, our most ancient and faithful allies and friends, had petitioned, and that successfully, at Rome, to have put on such a footing that it might not be lawful for men to be elected even by vote, he now made easy to be obtained by bribery. [50]
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§ 2.2.123 The people of Agrigentum have old laws about appointing their senate, given them by Scipio, in which the same principles are laid down, and this one besides — as there are two classes of Agrigentines, one of the old inhabitants, and the other of the new — settlers whom Titus Manlius, when praetor, had led from other towns of the Sicilians to Agrigentum, in obedience to a resolution of the senate; — it was provided in the laws of Scipio, that there should not be a greater number of members of the senate taken from the class of settlers than from the old inhabitants of Agrigentum. That man, who had levelled all laws by bribery, and who had taken away all distinction between things for money, not only disturbed all those regulations which related to age, rank, and traffic, but even with respect to these two classes of old and new inhabitants, he disturbed the proportion of their selection.
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§ 2.2.124 For when a senator died of the old inhabitants, and when the remaining number of each class was equal, it was necessary, according to the laws, that one of the original inhabitants should be elected in order that there might be the larger number. And though this was the case, still, not only some of the original inhabitants, but also some of the new settlers, came to him to purchase the rank of senator. The result is, that through bribery, one of the new men carries the day, and gets letters of appointment from the praetor. The Agrigentines send deputies to him to inform him of their laws, and to explain to him the invariable usage of past years, in order that he might be aware that he had sold that rank to one with whom he had no right even to treat on the subject. By whose speech, as he had already received the money, he was not in the least influenced.
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§ 2.2.125 He did the same thing at Heraclea. For thither also Publius Rupilius led settlers and gave them similar laws about the appointment of the senate, and about the number of the old and new senators. There he did not only receive money, as he did in the other cities, but he even confused the class of the original inhabitants and of the new settlers. [51] Do not wait for me to go through all the cities of Sicily in my speech. In this one statement I comprehend everything — that no one could be made a senator while he was praetor except those who had given him money.
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§ 2.2.126 And I carry on the same charge to all magistracies, agencies, and priesthoods; by which acts he has not only trampled on the laws of men, but on all the religious reverence due to the immortal gods. There is at Syracuse a law respecting their religion, which enjoins a priest of Jupiter to be taken by lot every year; and that priesthood is considered among the Syracusans as the most honourable.
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§ 2.2.127 When three men have been selected by vote out of the three classes of citizens, the matter is decided by lot. He by his absolute command had contrived to have his intimate friend Theomnastus returned among the three by vote. When it came to the decision by lot, which he could not command, men were waiting to see what he would do. The fellow at first forbade them to elect by lot, as that seemed the easiest way, and ordered Theomnastus to be appointed without casting lots. The Syracusans say that cannot possibly be done, according to the reverence due to their sacred laws; they say it would be impious. He orders the law to be read to him. It is read. In it was written, “that as many lots were to be thrown into the urn as there were names returned; that he whose name was drawn was to have the priesthood.” He then, ingenious and clever man! said, “Capital! it is written, ‘As many lots as there are names returned;’ how many names then were returned?” It is answered, “Three.” “Is there then anything necessary except that three lots should be put in, and one drawn out?” “Nothing.” He orders three lots to be put in, on all of which was written the name of Theomnastus. A great outcry arises as it seemed to every one a scandalous and infamous proceeding. And so by these means that most honourable priesthood is given to Theomnastus. [52]
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§ 2.2.128 At Cephaloedium there is a regular month, in which the pontifex is bound to be appointed. A man of the name of Artemo, surnamed Climachias, was desirous of that honour; a man of sufficient riches to be sure, and of noble family; but he could not possibly have been appointed if a man of the name of Herodotus had been present. For that place and rank was thought to be so decidedly due to him for that year, that even Climachias could say nothing against him. The matter is referred to Verres, and is decided according to his usual fashion. Some beautiful and valuable specimens of carving are removed from Artemo's. Herodotus was at Rome; he thought that he should arrive in time enough for the comitia if he came the day before. Verres, in order that the comitia might not be held in any other month than the regular one, and that the honour might not be refused to Herodotus when he was present, (a thing which he was not anxious for, and which Climachias was very eager to avoid,) contrives, (I have said before, there is no one cleverer, and never was, in his way,) — he contrives, I say, how the comitia may be held in the regular month for them, and yet Herodotus may not be able to be present.
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§ 2.2.129 It is a custom of the Sicilians, and of the rest of the Greeks, because they wish their days and months to agree with the calculations as to the sun and moon, if there be any difference sometimes to take out a day, or, at most, two days from a month, which they call ἐξαιρέσιμοι. And so also they sometimes make a month longer by a day or by two days. And when he heard of that, he, this new astronomer, who was thinking not so much of the heavens as of the heavy plate, 59 he orders (not a day to be taken out of the month, but) a month and a half to be taken out of the year; so that the day which, as one may say, ought to have been the thirteenth of January, became the first of March. And that is done in spite of the remonstrances and indignation of every one. That was the legitimate day for holding the comitia. On that day Climachias is declared to have been elected priest.
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§ 2.2.130 When Herodotus returns from Rome, fifteen days, as he supposed, before the comitia, he comes on the month of the comitia, when the comitia have been held thirty days before. Then the people of Cephaloedium voted an intercalary month of forty-five days, in order that the rest of the months might fall again into their proper season. If these things could be done at Rome, no doubt he would somehow or other have contrived to have the forty-five days between the two sets of games taken away, during which days alone this trial could take place. [53]
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§ 2.2.131 But now it is worth while to see how the censors were appointed in Sicily while that man was praetor. For that is the magistracy among the Sicilians, the appointments to which are made by the people with the greatest care, because all the Sicilians pay a yearly tax in proportion to their incomes; and, in making the census, the power is entrusted to the censor of making every sort of valuation, and of determining the total amount of every man's contribution. Therefore the people choose with the greatest care the man in whom they can place the greatest confidence in a matter affecting their own property; and on account of the greatness of the power, this magistracy is an object of the greatest ambition.
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§ 2.2.132 In such a matter, Verres did not choose to do any thing obscurely, nor to play tricks in the drawing of lots, nor to take days out of the calendar. He did not choose to do anything in an underhand manner, or by means of artifice; but in order to take away the fondness and desire for honours and ambition out of every city, feelings which usually tend to the ruin of a state, he declared that he should appoint the censors in every city.
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§ 2.2.133 When the praetor announced so vast a scene of bargaining and trafficking as that, people came to Syracuse to see him, from all quarters. The whole of the praetor's house was on fire with the eagerness and cupidity of men; and no wonder, when all the comitia of so many cities were packed together into one house, and when all the ambition of an entire province was confined in one chamber. Bribes being openly asked for, and biddings being openly made, Timarchides appointed two censors for every city. He, by his own labour, and by his own visits to every one, by all the trouble which he took in this employment, achieved this, that all the money came to Verres without his having any anxiety on his part. How much money this Timarchides made, you cannot as yet know; for a certainty; but in what a variety of manners, and how shamefully, he plundered people, you heard at the former pleading, by the evidence of many witnesses. [54]
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§ 2.2.134 But that you may not wonder how that freedman obtained so much influence with him, I will tell you briefly what the man is; so that you may both see the worthlessness of the man who kept such a fellow about him, especially in that employment and position, and that you may also see the misery of the province. In the seduction of women, and in all licentiousness and wickedness of that character, I found this Timarchides wonderfully fitted by nature to be subservient to his infamous lusts, and unexampled profligacy. In finding out who people were, in calling on them, in addressing them, in bribing them, in doing anything in matters of that sort, however cunningly, however audaciously, however shamelessly it might be necessary to go to work, I heard that this man could contrive admirable schemes for ensuring success. For, as for Verres himself, he was only a man of a covetousness ever open-mouthed, and ever threatening, but he had no ingenuity, no resources; so that, in whatever he did of his own accord, (just as you know was the case with him at Rome,) he seemed to rob openly rather than to cheat.
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§ 2.2.135 But the other fellow's skill and artifice were marvellous, so that he could hunt out and scent out with the greatest acuteness, all over the province, whatever had happened to any one, whatever any one stood in need of. He was able to find out, to converse with, to tamper with every one's foes, and every one's enemies; to know the circumstances of every trial on both sides; to ascertain men's inclinations, and power, and resources; where it was necessary to strike terror; where it was desirable to hold out hope. Every accuser, every informer, he had in his power, if he wished to cause trouble to any one, he did it without any difficulty. All Verres's decrees, and commands, and letters, he sold in the most skillful and cunning manner.
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§ 2.2.136 And he was not only the minister of Verres's pleasures, he also took equally good care of himself. He not only picked up whatever money had slipped through his principal's fingers, by which he amassed great riches, but he also picked up the relics of his pleasures and of his profligacy. Therefore do not fancy that Athenio 60 reigned in Sicily, for he took no city; but know ye that the runaway slave Timarchides reigned in every city of Sicily for three years; that the children, the matrons, the property, and all the fortunes of the most ancient and most devoted allies of the Roman people were all that time in the power of Timarchides. He therefore, as I say, he, Timarchides, sent censors into every city, having taken bribes for their appointment. Comitia for the election of censors, while Verres was praetor, were never held not even for the purpose of making a presence of legality. [55]
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§ 2.2.137 This was the most shameless business of all. Three hundred denarii were openly exacted (for this, forsooth, was permitted by the laws) from each censor, to be paid down for the praetors statue. There were appointed a hundred and thirty censors. They gave one sum of money for the censorship contrary to the law; these thirty-nine thousand denarii they openly paid down for the statue, in compliance with the laws. First of all, what was all that money for? Secondly, why did the censors pay it to you for your statue? I suppose there is a regular order of censors, a college of them. They are a distinct class of men! Why, it is either cities in their capacity of communities, that confer these honours, or men according to their classes, as cultivators, as merchants, as shipowners. But why to censors rather than to aediles? Is it for any service that they have done? Therefore, will you confess that these things were begged of you — for you will not dare to say they were purchased of you; — that you granted those magistracies to men out of favour, and not with a new to the interests of the republic? And when you confess this, will any one doubt that you incurred that unpopularity held hatred among the different tribes of that province, not out of ambition, nor for the sake of doing a kindness to any one, but with the object of procuring money?
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§ 2.2.138 Therefore those censors did the same thing that those do in our republic, who have got offices by bribery; they took care to use their power so as to fill up again that gap in their property. The census was so taken, when you were praetor, that the affairs of no state whatever could be administered according to such a census. For they made a low return of the incomes of all the richest men, and exaggerated that of each poor man. And so in levying the taxes so heavy a burden was laid upon the common people, that even if the men themselves said nothing, the facts alone would discredit that census, as may easily be understood from the circumstances themselves. [56] For Lucius Metellus who, after I came into Sicily for the sake of prosecuting my injuries, became on a sudden after the arrival of Letilius not only the friend of Verres, but even his relative; because he saw that that census could not possibly stand, ordered that former one to be attended to which had been when that most gallant and upright man, Sextus Peducaeus, was praetor. For at that time there were censors made according to the laws, elected by their cities, in whose case, if they did anything wrong, punishments were appointed by the law.
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§ 2.2.139 But when you were praetor, how could the censor either fear the law, by which he was not bound, since he had not been created by the law; or fear your reproof for having sold what he had bought of you? Let Metellus now detain my witnesses — let him compel others to praise him, as he has attempted in many instances; only let him do what he is doing. For whoever was treated by any one with such insult, with so much ignominy? Every fifth year a census is taken of all Sicily. A census was taken when Peducaeus was praetor. When the five years had elapsed in your praetorship, a census was taken again. The next year Lucius Metellus forbids any mention to be made of your census; he says that censors must be created afresh; and in the meantime he orders the census of Peducaeus to be attended to. If an enemy of yours had done this to you, although the province would have borne it with great equanimity, still it would have seemed the severe decision of an enemy. A new friend, a voluntary relation did it. For he could not do otherwise, if he wished to retain the province in its allegiance, if he wished to live himself in safety in the province [57]
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§ 2.2.140 Are you waiting to see what these men also will decide? If he had deprived you of your office, he would have treated you with less insult, than when he abrogated and annulled the things which you had done in your office. Nor did he behave in this way in that matter alone, but he had done the same in many other matters of the greatest importance, before I arrived in Sicily. For he ordered your friends, the palaestra people, to restore his property to Heraclius the Syracusan, and the people of Bidis to restore his property to Epicrates, and Appius Claudius his to his ward at Drepanum; and, if Letilius had not arrived in Sicily with letters a little too soon, in less than thirty days Metellus would have annulled your whole three years' praetorship.
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§ 2.2.141 And, since I have spoken of that money which the censors paid to you for your statue, it seems to me that I ought not to pass over that method of raising money, which you exacted from the cities on presence of erecting statues. For I see that the sum total of that money is very large, amounting to a hundred and twenty thousand sesterces. This much is proved by the evidence and letters of the cities. And he admits that, and indeed he cannot say otherwise. What sort of conduct then are we to think that which he denies, when these actions which he confesses are so infamous? For what do you wish to be believed? That all that money was spent in statues? — Suppose it was. Still this is by no means to be endured, that the allies should be robbed of so much money, in order that statues of a most infamous robber may be placed in every alley, where it appears scarcely possible to pass in safety. [58]
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§ 2.2.142 But where in the world, or on what statues, was that enormous sum of money spent? It will be spent, you will say. Let us, forsooth, wait for the recurrence of that regular five years. If in this interval he has not spent it then at last we will impeach him for embezzlement in the article of statues. He is brought before the court as a criminal on many most important charges. We see that a hundred and twenty thousand sesterces have been taken on this one account. If you are condemned, you will not, I presume, trouble yourself about having that money spent on statues within five years. If you are acquitted, who will be so insane as to attack you in five years' time on the subject of the statues, after you have escaped from so many and such grave charges? If, therefore, this money has not been spent as yet, and if it is evident that it will not be spent, we may understand that a plan has been found out by which he may take and appropriate to himself a hundred and twenty thousand sesterces at one swoop, and by which others too, if this is sanctioned by you, may take as large sums as ever they please on similar grounds; so that we shall appear not to deter men from taking money, but, as we approve of some methods of taking money, we shall seem rather to be giving decent names to the basest actions.
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§ 2.2.143 In truth, suppose, for example, that Caius Verres had demanded a hundred and twenty thousand sesterces from the people of Centuripa, and had taken this money from them; there would have been no doubt, I conceive, that, if that were proved, he must have been condemned. — What then? Suppose he demanded three hundred thousand sesterces of the same people; and compelled them to give them, and carried them off? Shall he be acquitted because it was entered in the accounts that that money was given for statues? I think not; unless, indeed, our object is to create, not an unwillingness to take money on the part of our magistrates, but a cause for giving it on the part of our allies. But if statues are a great delight to any one, and if any one is greatly attracted by the honour and glory of having them raised to him, still he must lay down these rules; first of all, that he must not take to his own house the money given for those purposes; secondly, that there must be some limit to those statues; and lastly, that at all events they must not be exacted from unwilling people. [59]
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§ 2.2.144 And concerning the embezzlement of the money, I ask of you whether the cities themselves were accustomed to let out contracts for erecting statues to the man who would take the contract on the best terms, or to appoint some surveyor to superintend the erection of the statues, or to pay the money to you, or to any one whom you appointed? For the statues were erected under the superintendence of those men by whom that honour was paid to you — I am glad to hear it; but, if that money was paid to Timarchides, cease I beg of you, to pretend that you were desirous of glory and of monuments when you are detected is so evident a robbery. What then? Is there to be no limit to statues? But there must be. Indeed, consider the matter in this way.
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§ 2.2.145 The city of Syracuse (to speak of that city in preference to others) gave him a statue; — it is an honour: and gave his father one; — a pretty and profitable picture of affection: and gave his son one; — this may be endured, for they did not hate the boy: still how often, and for how many individuals will you take statues from the Syracusans? You accepted one to be placed in the forum. You compelled them to place one in the senate-house. You ordered them to contribute money for those statues which were to be erected at Rome. You ordered that the same men should also contribute as agriculturists, they did so. You ordered the same men also to pay their contribution to the common revenue of Sicily; even that they did also. When one city contributed money on so many different presences, and when the other cities did the same, does not the fact itself warn you to think that some bounds must be put to this covetousness? But if no city did this of its own accord; if all of them only paid you this money for statues because they were induced to do so by your command, by fear, by force, by injury; then, O ye immortal gods, can it be doubtful to any one, that, even if any one were to establish a law, that it was allowable to accept money for statues, still he would also establish one, that at all events it was not allowable to extort it?
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§ 2.2.146 First, therefore, I will cite the whole of Sicily as a witness on this point; and Sicily declares to me with one voice that an immense sum of money was extorted from her by force under the name of providing statues. For the deputations of all the cities, in their common petitions — nearly all of which have arisen from your injuries — have inserted this demand also; “that they might not for the future promise statues to any one till he had left the province.” [60] There have been many praetors in Sicily. Often, in the times of our ancestors, the Sicilians have approached the senate; often in the memory of the present generation; but it is your praetorship that has introduced and originated a new kind of petition.
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§ 2.2.147 For what else is so strange, not only in the matter but in the very form of the petition? For other points which occur in the same petitions with reference to your injuries, are indeed novel, but still they are not urged in a novel manner. The Sicilians beg and entreat of the conscript fathers that our magistrates may henceforth sell the tenths according to the law of Hiero. You were the first who had sold them in a way contrary to that law. — That they may not put a money value on the corn which is ordered for the public granary. This, too, is now requested for the first time on account of your three denarii: 61 but that kind of petition is not unprecedented. — That a charge be not taken against any one in his absence. This has arisen from the misfortune of Sthenius, and your tyranny. — I will not enumerate the other points. All the demands of the Sicilians are of such a nature that they look like charges collected against you alone as a criminal. Still all these, though they refer to new injuries, preserve the ordinary form of requests.
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§ 2.2.148 But this request about the statues must seem ridiculous to the man who is not acquainted with the facts and with the meaning of it; for they entreat that they may not be compelled to erect statues; — what then? That they may not be allowed to do so; — what does this mean? Do you request of me not to be allowed to do what it depends on yourself to do or not? Ask rather that no one may compel you to promise a statue, or to erect one against your will. I shall do no good, says he; for they will all deny that they compelled me to do so: if you wish for my preservation, put this violence on me — that it may be utterly illegal for me to make such a promise. It is from your praetorship that such a request as this has taken its rise; and those who employ it, intimate and openly declare that they, entirely against their will, contributed money for your statues, being compelled by fear and violence.
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§ 2.2.149 Even suppose they did not say this, still, would it not be impossible for you to avoid confessing it? See and consider what defence you are going to adopt; for then you will understand that you must confess this about the statues. [61] For I am informed that your cause is planned out in this way by your advocates, men of great ingenuity, and that you are instructed and trained by them in this way; that, as each influential and honourable man from the province of Sicily gives an energetic testimony against you, as many of the lending Sicilians have already done to a great extent, you are immediately to say to your defenders, “That man is an enemy of mine because he is an agriculturist. And so, I suppose, you have it in your mind to set aside the class of agriculturists, saving that they have come with a hostile and inimical disposition towards Verres because he was a little strict in collecting the tenths. The agriculturists, then, are all your enemies, all your adversaries. There is not one of them who does not wish you dead. Altogether you are admirably well off, when that order and class of men which is the most virtuous and honourable, by which both the republic in general, and most especially that province upheld, as fixedly hostile to you.
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§ 2.2.150 However, be it so; another time we will consider of the disposition of the agriculturists and of their injuries. For the present I assume, what you grant me, that they are most hostile to you. You say, forsooth, on account of the tenths. I grant that; I do not inquire whether they are enemies with or without reason. What then is the meaning of those gilt equestrian statues which greatly offend the feelings and eyes of the Roman people, near the temple of Vulcan? For I see an inscription on them stating that the agriculturists had presented one of them. If they gave this statue to do you honour, they are not your enemies. Let us believe the witnesses; for then they were consulting your honour, now they are regarding their own consciences. But if they presented the statues under the compulsion of fear, you must confess that you exacted money in the province on account of statues by violence and fear. Choose whichever alternative you like. [62]
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§ 2.2.151 In truth I would willingly now abandon this charge about the statues, to have you admit to me, what would be most honourable to you, that the agriculturists contributed this money for a statue to do you honour, of their own free will. Grant me this. In a moment you cut from under your feet the principal part of your defence. For then you will not be able to say that the agriculturists were angry with and enemies to you. O singular cause; O miserable and ruinous defence; for the defendant, and he too a defendant who has been praetor in Sicily, to be unwilling to receive an admission from his accuser that the agriculturists erected him a statue of their own free will, that they have a good opinion of him, that they are his friends, that they desire his safety! He is afraid of your believing this, for he is overwhelmed with the evidence given against him by the agriculturists.
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§ 2.2.152 I will avail myself of what is granted to me; at all events you must judge that those men, who, as he himself wishes it to be believed, are most hostile to him, did not contribute money for his honour and for his monuments of their own free will. And that this may be most easily understood, ask any one you please of the witnesses whom I shall produce, who are witnesses from Sicily, whether a Roman citizen or a Sicilian, and one too who appears most hostile to you, who says that he has been plundered by you, whether he contributed anything in his own name to the statue? You will not find one man to deny it In truth they all contributed.
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§ 2.2.153 Do you think then that any one will doubt that he who ought to be most hostile to you, who has received the severest injuries from you, paid money on account of a statue to you because he was compelled by violence and authoritative command, not out of kindness and by his own free will? And I have neither counted up, nor been able to count, O judges, the amount of this money, which is very large, and which has been most shamelessly extorted from unwilling men, so as to estimate how much was extorted from agriculturists, how much from traders who trade at Syracuse, at Agrigentum, at Panormus, at Lilybaeum; since you see by even his own confession that it was extorted from most unwilling contributors. [63]
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§ 2.2.154 I come now to the cities of Sicily, in which case it is exceedingly easy to form an opinion of their inclination. Did the Sicilians also contribute against their will? It is not probable. In truth it is evident that Caius Verres so conducted himself during his praetorship in Sicily, that, as he could not satisfy both parties, both the Sicilians and the Romans, he considered rather his duty to our allies, than his ambition, which might have prompted him to gratify the citizens. And therefore I saw him called in an inscription at Syracuse, not only the patron of that island, but also the saviour of it. What a great expression is this! so great that it cannot be expressed by any single Latin word. He in truth is a saviour, who has given salvation. In his name days of festival are kept — that fine Verrean festival — not as if it was the festival of Marcellus, but instead of the Marcellean festival, which they abolished at his command. His triumphal arch is in the forum at Syracuse, on which his son stands, naked; and he himself from horseback looks down on the province which has been stripped bare by himself. His statues are in every place; which seem to show this, that he very nearly erected as many statues at Syracuse as he had taken away from it. And even at Rome we see an inscription in his honour carved at the foot of the statues, in letters of the largest size, ”that that were given by the community of Sicily." Why were they given? How can any one be induced to believe that such great honours were paid to him by people against their will? [64]
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§ 2.2.155 Here, too, you must deliberate and consider even much more than you did in the case of the agriculturists, what you intend. It is an important matter. Do you wish the Sicilians, both in their public and private capacity, to be considered friends to you, or enemies? If enemies, what is to become of you? Whither will you free for refuge? On what will you depend? Just now you repudiated the greater part of the agriculturists, most honourable and wealthy men, both Sicilians and Roman citizens. Now, what will you do about the Sicilian cities? Will you say that the Sicilians are friendly to you? How can you say so? They who (though they have never done such a thing in the instance of any one else before, as to give public evidence against him, even though many men who have been praetors in that province have been condemned, and only two, who have been prosecuted, have been acquitted) — they, I say, who now come with letters, with commissions, with public testimonies against you, while, if they were to utter a panegyric on you in behalf of their state, they would appear to do so according to their usual custom, rather than because of your deserts. When these men make a public complaint of your actions, do they not show this that your injuries have been so great that they preferred to depart from their ancient habit, rather than not speak of your habits?
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§ 2.2.156 You must, therefore, inevitably confess that the Sicilians are hostile to you; since they have addressed to the consuls petitions of the gravest moment directed against you, and have entreated me to undertake this cause, and the advocacy of their safety; since, though they were forbidden to come by the praetor, and hindered by four quaestors, they still have thought every one's threats and every danger insignificant, in comparison with their safety; since at the former pleading they gave their evidence so earnestly and so bitterly, that Hortensius said that Artemo, the deputy of Centuripa, end the witness authorized by the public council there, was an accuser, not a witness. In truth he, together with Andron, a most honourable and trustworthy man, both on account of his virtue and integrity, and also on account of his eloquence, was appointed by his fellow-citizens as their deputy in order that he might be able to explain in the most intelligible and clear manner the numerous and various injuries which they have sustained from Verres. [65] The people of Halesa, of Catana, of Tyndaris, of Enna, of Herbita, of Agyrium, of Netum, of Segesta, gave evidence also. It is needless to enumerate them all. You know how many gave evidence, and how many things they proved at the former pleading. Now both they and the rest shall give their evidence.
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§ 2.2.157 Every one, in short, shall be made aware of this fact in this cause — that the feelings of the Sicilians are such, that if that man be not punished, they think that they must leave their habitations and their homes and depart from Sicily, and flee to some distant land. Will you persuade us that these men contributed large sums of money to confer honour and dignity on you of their own free will? I suppose, forsooth, they who did not like you to remain in safety in your own city, wished to have memorials of your person and name in their own cities! The facts show that they wished it. For I have been for some time thinking that I was handling the argument about the inclination of the Sicilians towards you too tenderly, as to whether they were desirous to erect statues to you, or were compelled to do so.
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§ 2.2.158 What man ever lived of whom such a thing was heard as has happened to you, that his statues in his province, erected in the public places, and some of them even in the holy temples, were thrown down by force by the whole population? There have been many guilty magistrates in Asia, many in Africa, many in Spain, in Gaul, in Sardinia, many in Sicily itself, but did we ever hear such a thing as this of any of them? It is an unexampled thing, O judges, a sort of prodigy amazing the Sicilians, and among all the Greeks. I would not have believed that story about the statues, if I had not seen them myself uprooted and lying on the ground; because it is a custom among all the Greeks to think that honours paid to men by monuments of that sort, are, to some extent, consecrated, and under the protection of the gods.
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§ 2.2.159 Therefore, when the Rhodians, almost single-handed, carried on the first war against Mithridates, and withstood all his power and his most vigorous attacks on their walls, and shores, and fleets — when they, beyond all other nations, were enemies to the king; still, even then, at the time of imminent danger to their city, they did not touch his statue which was among them in the most frequented place in their city. Perhaps there might seem some inconsistency in preserving the effigy and image of the man, when they were striving to overthrow the man himself: but still I saw, when I was among them, that they had a religious feeling in those matters handed down to them from their ancestors, and that they argued in this way; — that as to the statue, they regarded the period when it had been erected; but as to the man, they regarded the fact of his waging war against them, and being an enemy. [66] You see, therefore, that the custom and religious feeling of the Greeks, which is accustomed to defend the monuments of enemies, even at a time of actual war, could not, even in a time of profound peace, protect the statues of a praetor of the Roman people.
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§ 2.2.160 The men of Tauromenium which is a city in alliance with us, most quiet men, who were formerly as far removed as possible from the injuries of our magistrates, owing to the protection the treaty was to them; yet even they did not hesitate to overturn that man's statue. But when that was removed, they allowed the pedestal to remain in the forum, because they thought it would tell more strongly against him, if men knew that his statue had been thrown down by the Tauromenians, than if they thought that none had ever been erected. The Tyndaritans threw down his statue in the forum; and for the same reason left the horse without a rider. At Leontini, even in that miserable and desolate city, his statue in the gymnasium was thrown down. For why should I speak of the Syracusans, when that act was not a private act of the Syracusans, but was done by them in common with all their neighbouring allies, and withal most the whole province? How great a multitude, how vast a concourse of men is said to have been present when his statues were pulled down and overturned! But where was this done? In the most frequented and sacred place of the whole city; before Serapis himself, in the very entrance and vestibule of the temple. And if Metellus had not acted with great vigour, and by his authority, and by a positive edict forbidden it, there would not have been a trace of a statue of that man left in all Sicily.
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§ 2.2.161 And I am not afraid of any of these things seeming to have been done in consequence of my arrival, much less in consequence of my instigation. All those things were done, not only before I arrived in Sicily, but before he reached Italy. While I was in Sicily, no statue was thrown down. Hear now what was done after I departed from thence. [67] The senate of Centuripa decreed, and the people ordered, that the quaestors should issue a contract for taking down whatever statues there were of Caius Verres himself, of his father, and of his son; and that while such demolition was being executed, there should be not less than thirty senators present. Remark the soberness and dignity of that city. They neither chose that those statues should remain in their city which they themselves had given against their will, under the pressure of authority and violence; nor the statues of that man, against whom they themselves (a thing which they never did before) had sent by a public vote commissions and deputies, with the most weighty testimony, to Rome. And they thought that it would be a more important thing if it seemed to have been done by public authority, than by the violence of the multitude.
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§ 2.2.162 When, in pursuance of this design, the people of Centuripa had publicly destroyed his statues, Metellus hears of it. He is very indignant; he summons before him the magistrates of Centuripa and the ten principal citizens. He threatens them with measures of great severity, if they do not replace the statues. They report the matter to the senate. The statues, which could do no good to his cause, are replaced; the decrees of the people of Centuripa, which had been passed concerning the statues, are not taken away. Here I can excuse some of the actors. I cannot at all excuse Metellus, a wise man, if he acts foolishly. What? did he think it would look like a crime in Verres, if his statues were thrown down, a thing which is often done by the wind, or by some accident? There could be in such a fact as that no charge against the man, no reproof of him Whence, then, does the charge and accusation arise? From the intention and will of the people by whom it was caused. [68]
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§ 2.2.163 I, if Metellus had not compelled the men of Centuripa to replace the statues, should say, “See, O judges, what exceeding and bitter indignation the injuries of that man have implanted in the minds of our allies and friends; when that most friendly and faithful city of Centuripa, which is, connected with the Roman people by so many reciprocal good offices, that it has not only always loved our republic, but has also shown its attachment to the very name of Roman in the person of every private individual, has decided by public resolution and by the public authority that the statues of Caius Verres ought not to exist in it.” I should recite the decrees of the people of Centuripa; I should extol that city, as with the greatest truth I might; I should relate that ten thousand of those citizens, the bravest and most faithful of our allies — that every one of the whole people resolved, that there ought to be no monument of that man in their city. I should say this if Metellus had not replaced the statues.
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§ 2.2.164 I should now wish to ask of Metellus himself, whether by his power and authority he has at all weakened my speech? I think the very same language is still appropriate. For, even if the statues were ever so much thrown down, I could not show them to you on the ground. This only statement could I use, that so wise a city had decided that the statues of Caius Verres ought to be demolished. And this argument Metellus has not taken from me. He has even given me this additional one; he has enabled me to complain, if I thought fit, that authority is exercised over our friends and allies with so much injustice, that, even in the services they do people, they are not allowed to use their own unbiased judgment; he has enabled me to entreat you to form your conjectures, how you suppose Lucius Metellus behaved to me in those matters in which he was able to injure me, when he behaved with such palpable partiality in this one in which he could be no hindrance to me. But I am not angry with Metellus, nor do I wish to rob him of his excuse which he puts forth to every one, that he did nothing spitefully nor with any especial design. [69]
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§ 2.2.165 Now, therefore, it is so evident that you cannot deny it, that no statue was given to you with the good will of any one; no money on account of statues, that was not squeezed out and extorted by force. And, in making that charge, I do not wish that alone to be understood, that you get money to the amount of a hundred and twenty thousand sesterces; but much more do I wish to have this point seen clearly, which was proved at the same time, namely, how great both is and was the hatred borne to you by the agriculturists, and by all the Sicilians. And as to this point, what your defence is to be I cannot guess. —
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§ 2.2.166 “Yes, the Sicilians hate me, because I did a great deal for the sake of the Roman citizens.” But they too are most bitter against you, and most hostile. “I have the Roman citizens for my enemies, because I defended the interests and rights of the allies.” But the allies complain that they were considered and treated by you as enemies. “The agriculturists are hostile to me on account of the tenths.” Well; they who cultivate land untaxed and free from this impost; why do they hate you? why do the men of Halesa, of Centuripa, of Segesta, of Halicya hate you? What race of men, what number of men, what rank of men can you name that does not hate you, whether they be Roman citizens or Sicilians? So that even if I could not give a reason for their hating you, still I should think that the fact ought to be mentioned and that you also O judges, ought to hate the man whom all men hate.
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§ 2.2.167 Will you dare to say, either that the agriculturists, that all the Sicilians, in short, think well of you, or that it has nothing to do with the subject what they think? You will not dare to say this, nor if you were to wish to do so would you be allowed. For those equestrian statues erected by the Sicilians, whom you affect to despise, and by the agriculturists, deprive you of the power of saying that; the statues, I mean, which a little while before you came to the city you ordered to be erected and to have inscriptions put upon them, to serve as a check to the inclinations of all your enemies and accusers.
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§ 2.2.168 For who would be troublesome to you, or who would dare to bring an action against you, when he saw statues erected to you by traders, by agriculturists, by the common voice of all Sicily? What other class of men is there in that province? — None. Therefore he is not only loved, but even honored by the whole province, and also by each separate portion of it, according to their class. Who will dare to touch this man? Can you then say that the evidence of agriculturists, of traders, and of all the Sicilians against you, ought to be no objection to you, when you hoped to be able to extinguish all your unpopularity and infamy by placing their names in an inscription on your statues? Or, if you attempted to add honour to your statues by their authority, shall I not be able to corroborate my argument by the dignity of those same men?
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§ 2.2.169 Unless, perchance, in that matter, some little hope still consoles you, because you were popular among the farmers of the revenues: but I have taken care, through my diligence, that that popularity should not serve — you have contrived, by your own wisdom, to show that it ought to be, an injury to you. Listen, O judges, to the whole affair in a few words. [70] In the collecting the tax on pasture lands in Sicily there is a sub-collector of the name of Lucius Carpinatius, who both for the sake of his own profit, and perhaps because he thought it for the interest of his partners, cultivated the favour of Verres to the neglect of everything else. He, while he was attending the praetor about all the markets, and never leaving him, had got into such familiarity with, and aptitude at the practice of selling Verres's decrees and decisions, and managing his other concerns, that he was considered almost a second Timarchides.
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§ 2.2.170 He was in one respect still more important; because he also lent money at usury to those who were purchasing anything of the praetor. And this usury, O judges, was such that even the profit from the other transactions was inferior to the gain obtained by it. For the money which he entered as paid to those with whom he was dealing, he entered also under the name of Verres's secretary, or of Timarchides, or even under Verres's own name, as received from them. And besides that, he lent other large sums belonging to Verres, of which he made no entry at all, in his own name.
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§ 2.2.171 Originally this Carpinatius, before he had become so intimate with Verres, had often written letters to the shareholders about his unjust actions. But Canuleius, who had an agency at Syracuse, in the harbour, had also written accounts to his shareholders of many of Verres's robberies, giving instances, especially, concerning things which had been exported from Syracuse without paying the harbour dues. But the same company was farming both the harbour dues and the taxes on pasture land. And thus it happened that there were many things which we could state and produce against Verres from the letters of that company.
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§ 2.2.172 But it happened that Carpinatius, who had by this time become connected with him by the greatest intimacy, and also by community of interests, afterwards sent frequent letters to his partners, speaking of his exceeding kindness, and of his services to their common property. And in truth, as he was used to do and to decree everything which Carpinatius requested him, Carpinatius also began to write still more flaming accounts to his shareholders, in order, if possible, utterly to efface the recollection of all that he had written before. But at last, when Verres was departing, he sent letters to them, to beg them to go out in crowds to meet him and to give him thanks; and to promise zealously that they would do whatever he desired them. And the shareholders did so, according to the old custom of farmers; not because they thought him deserving of any honour, but because they thought it was for their own interest to be thought to remember kindness, and to be grateful for it. They expressed their thanks to him, and said that Carpinatius had often sent letters to them mentioning his good offices. [71]
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§ 2.2.173 When he had made answer that he had done those things gladly, and had greatly extolled the services of Carpinatius, he charges a friend of his, who at that time was the chief collector of that company, to take care diligently, and to make sure that there was nothing in any of the letters of any of the partners which could tell against his safety and reputation. Accordingly he, having got rid of the main body of the shareholders, summons the collectors of the tenths, and communicates the business to them. They resolve and determine that those letters in which any attack was made on the character of Caius Verres shall be removed, and that care he taken that that business shall not by any possibility be any injury to Caius Verres.
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§ 2.2.174 If I prove that the collectors of the truths passed this resolution — if I make it evident that, according to this decree, the letters were removed, what more would you wait for? Can I produce to you any affair more absolutely decided? Can I bring before your tribunal any criminal more fully condemned? But condemned by whose judgment? By that, forsooth, of those men whom they who wish for severe tribunals think ought to decide on causes — by the judgment of the farmers, whom the people is now demanding to have for judges, and concerning whom, that we may have them for judges, we at this moment see a law proposed, not by a man of our body, not by a man born of the equestrian order, not by a man of the noblest birth:
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§ 2.2.175 the collectors of the tenths, that is to say, the chiefs, and, as it were, the senators of the farmers, voted that these letters should be removed out of sight. I have men, who were present, whom I can produce, to whom I will entrust this proof, most honourable and wealthy men, the very chief of the equestrian order, on whose high credit the very speech and cause of the man who has proposed this law mainly relies. They shall come before you; they shall say what they deter mined. Indeed, if I know the men properly, they will not speak falsely For they were able, indeed, to put letters to their community out of sight; they have not been able to put out of sight their own good faith and conscientiousness. Therefore the Roman knights, who condemned you by their judgment, have not been willing to be condemned in the judgment of those judges. Do you now consider whether you prefer to follow their decision or their inclination. [72]
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§ 2.2.176 But see now, how far the zeal of your friends, your own devices, and the inclination of those partners aid you. I will speak a little more openly; for I am not afraid of any one thinking that I am saying this in the spirit of an accuser rather than with proper freedom. If the collectors had not removed those letters according to the resolution of the farmers of the tenths, I could only say against you what I had found in those letters; but now that the resolution has been passed, and the letters have been removed, I may say whatever I can, and the judge may suspect whatever he chooses. I say that you exported from Syracuse an immense weight of gold, of silver, of ivory, of purple; much cloth from Melita, much embroidered stuff, much furniture of Delos, many Corinthian vessels, a great quantity of corn, an immense load of honey; and that on account of these things, because no port dues were paid on them, Lucius Canuleius, who was the agent in the harbour, sent letters to his partners. Does this appear a sufficiently grave charge?
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§ 2.2.177 None, I think, can be graver. What will Hortensius say in defence? Will he demand that I produce the letters of Canuleius? Will he say that a charge of this sort is worthless unless it be supported by letters? I shall cry out that the letters have been put out of the way; that by a resolution of the shareholders the proofs and evidences of his thefts have been taken from me. He must either contend that this has not been done, or he must bear the brunt of all my weapons. Do you deny that this was done? I am glad to hear that defence. I descend into the arena; for equal terms and an equal contest are before us. I will produce witnesses, and I will produce many at the same time; since they were together when this took place, they shall be together now also. When they are examined, let them be bound not only by the obligation of their oath and regard for their character, but also by a common consciousness of the truth.
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§ 2.2.178 If it be proved that this did take place as I say it did, will you be able to say, O Hortensius, that there was nothing in those letters to hurt Verres? You not only will not say so, but you will not even be able to say this — that there was not as much in them as I say there was. This then is what you have brought about by your wisdom and by your interest; that, as I said a little while ago, you have given me the greatest licence for accusing, and he judges the most ample liberty to believe anything. [73]
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§ 2.2.179 But though this be the case, still I will invent nothing. I will recollect that I have not taken a criminal to accuse, but that I have received clients to defend; and that you ought to hear the cause not as it might be produced by me, but as it has been brought to me; that I shall satisfy the Sicilians, if I diligently set forth what I have known myself in Sicily, and what I have heard from them; that I shall satisfy the Roman people, if I fear neither the violence nor the influence of any one; that I shall satisfy you, if by my good faith and diligence I give you an opportunity of deciding correctly and honestly; that I shall satisfy myself, if I do not depart a hair's breadth from that course of life which I have proposed to myself.
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§ 2.2.180 Wherefore, you have no ground to fear that I will invent anything against you. You have cause even to be glad; for I shall pass over many things which I know to have been done by you, because they are either too infamous, or scarcely credible. I will only discuss this whole affair of this society. That you may now hear the truth, I will ask, Was such a resolution passed? When I have ascertained that, I will ask, Have the letters been removed? When that too, is proved, you will understand the matter, even if I say nothing. If they who passed this resolution for his sake — namely, the Roman knights — were now also judges in his case, they would beyond all question condemn that man, concerning whom they knew that letters which laid bare his robberies had been sent to themselves, and had been removed by their own resolution. He, therefore, who must have been condemned by those Roman knights who desire everything to turn out for his interest, and who have been most kindly treated by him, can he, O judges, by any possible means or contrivance be acquitted by you?
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§ 2.2.181 And that you may not suppose that those things which have been removed out of the way, and taken from you, were all so carefully hidden, and kept so secretly, that with all the diligence which I am aware is universally expected of me nothing concerning them has been able to be arrived at or discovered, I must tell you that, whatever could by any means or contrivance be found out, has been found out, O judges. You shall see in a moment the man detected in the very act; for as I have spent a great part of my life in attending to the causes of farmers, and have paid great attention to that body, I think that I am sufficiently acquainted with their customs by experience and by intercourse with them. [74]
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§ 2.2.182 Therefore, when I ascertained that the letters of the company were removed out of the way, I made a calculation of the years that that man had been in Sicily; then I inquired (what was exceedingly easy to discover) who during those years had been the collectors of that company — in whose care the records had been. For I was aware that it was the custom of the collectors who kept the records, when they gave them up to the new collector, to retain copies of the documents themselves. And therefore I went in the first place to Lucius Vibius, a Roman knight, a man of the highest consideration, who, I ascertained, had been collector that very year about which I particularly had to inquire. I came upon the man unexpectedly when he was thinking of other things. I investigated what I could, and inquired into everything. I found only two small books, which had been sent by Lucius Canuleius to the shareholders from the harbour at Syracuse; in which there was entered an account of many months, and of things exported in Verres's name without having paid harbour dues. These I sealed up immediately.
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§ 2.2.183 These were documents of that sort which of all the papers of the company I was most anxious to find; but still I only found enough, O judges, to produce to you as a sample, as it were. But still, whatever is in these books, however unimportant it may seem to be, will at all events be undeniable; and by this you will be able to form your conjectures as to the rest. Read for me, I beg, this first book, and then the other. [The books of Canuleius are read.] I do not ask now whence you got those four hundred jars of honey, or such quantities of Maltese cloth, or fifty cushions for sofas or so many candelabra; — I do not, I say, inquire at present where you got these things; but, how you could want such a quantity of them, that I do ask. I say nothing about the honey; but what could you want with so many Maltese garments? as if you were going to dress all your friends' wives; — or with so many sofa cushions? as if you were going to furnish all their villas. [75]
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§ 2.2.184 As in these little books there are only the accounts of a few months, conjecture in your minds what they must have been for the whole three years. This is what I contend for. From these small books found in the house of one collector of the company, you can form some conjecture how great a robber that man was in that province; what a number of desires, what different ones, what countless ones he indulged; what immense sums he made not only in money, but invested also in articles of this sort; which shall be detailed to you more fully another time. At present listen to this.
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§ 2.2.185 By these exportations, of which the list was read to you, he writes that the shareholders had lost sixty thousand sesterces by the five per cent due on them as harbour dues at Syracuse. In a few months, therefore, as these little insignificant books show, things were stolen by the praetor and exported from one single town of the value of twelve hundred thousand sesterces. Think now, as the island is one which is accessible by sea on all sides, what you can suppose was exported from other places? from Agrigentum, from Lilybaeum, from Panormus, from Thermae, from Halesa, from Catina, from the other towns? And what from Messana? the place which he thought safe for his purpose above all others — where he was always easy and comfortable in his mind, because he had selected the Mamertines as men to whom he could send everything which was either to be preserved carefully, or exported secretly. After these books had been found, the rest were removed and concealed more carefully; but we, that all men may see that we are acting without any ulterior motive, are content with these books which we have produced. [76]
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§ 2.2.186 Now we will return to the accounts of the society of money received and paid, which they could not possibly remove honestly, and to your friend Carpinatius. We inspected at Syracuse accounts of the company made up by Carpinatius, which showed by many items that many of the men who had paid money to Verres, had borrowed it of Carpinatius. That will be clearer than daylight to you, O judges, when I produce the very men who paid the money; for you will see that the times at which, as they were in danger, they bought themselves off, agree with the records of the company not only as to the years, but even as to the months.
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Via ToposText (topostext.org), a project of the Aikaterini Laskaridis Foundation created by Brady Kiesling. Translated by Charles Duke Yonge (1812-1891). Composed ca. 70 BCE. Licence: public domain. Source.