I. If any one of you, O judges, or of these who are
present
here, marvels perhaps at me, that I, who have for so many years been
occupied in public causes and trials in such a manner that I have
defended many men but have prosecuted no one could now on a sudden
change my usual purpose, and descend to act as accuser;--he, if he
becomes acquainted with the cause and reason of my present intention,
will both approve of what I am doing, and will think, I am sure, that
no one ought to be preferred to me as manager of this cause.
[2] As I had been quaestor in Sicily,
O judges, and had departed for that province so as to leave among all
the Sicilians a pleasing and lasting recollection of my quaestorship
and of my name, it happened, that while they thought their chief
protection lay in many of their ancient patrons, they thought there was
also some support for their fortunes secured in me, who, being now
plundered and harassed, have all frequently come to me by the public
authority, entreating me to undertake the cause and the defence of all
their fortunes. They say that I repeatedly promised and repeatedly
assured them, that, if any time should arrive when they wanted anything
of me, I would not be wanting to their service.
[3]
They said that the time had come for me to defend not only the
advantages they enjoyed, but even the life and safety of the whole
province, that they had now not even any gods in their cities to whom
they could flee, because Caius Verres
had carried off their most sacred images from the very holiest temples.
That whatever luxury could accomplish in the way of vice, cruelty in
the way of punishment, avarice in the way of plunder, or arrogance in
the way of insult, had all been borne by them for the last three years,
while this one man was praetor. That they begged and entreated that I
would not reject them as suppliants, who, while I was in safety, ought
to be suppliants to no one.
II.[4] I was vexed and distressed, O judges, at being
brought
into such a strait, as to be forced either to let those men's hopes
deceive them who had entreated succour and assistance of me, or else,
when I had from my very earliest youth devoted myself entirely to
defending men, to be now, under the compulsion of the occasion and of
my duty, transferred to the part of an accuser. I told them that they
had an advocate in Quintus Caecilius,
who had been quaestor in the same province after I was quaestor there.
But the very thing which I thought would have been an assistance to me
in getting rid of this difficulty, was above all things a hindrance to
me; for they would have much more easily excused me if they had not
known him, or if he had never been among them as quaestor.
[5]
I was induced, O judges, by the considerations of duty, good faith, and
pity; by the example of many good men; by the ancient customs and
habits of our ancestors, to think that I ought to take upon myself this
burden of labour and duty, not for any purpose of my own, but in the
time of need to my friends. In which business, however, this fact
consoles me, O judges, that this pleading of mine which seems to be an
accusation is not to be considered an accusation, but rather a defence.
For I am defending many men, many cities, the whole province of Sicily.
So that, if one person is to be accused by me, I still almost appear to
remain firm in my original purpose, and not entirely to have given up
defending and assisting men.
[6]
But if I
had this cause so deserving, so illustrious, and so important; if
either the Sicilians had not demanded this of me, or I had not had such
an intimate connection with the Sicilians; and if I were to profess
that what I am doing I am doing for the sake of the republic, in order
that a man endowed with unprecedented covetousness, audacity, and
wickedness,--whose thefts and crimes we have known to be most enormous
and most infamous, not in Sicily alone, but in Achaia, in Asia, in
Cilicia, in Pamphylia, and even at Rome,
before the eyes of all men,--should be brought to trial by my
instrumentality, still, who would there be who could find fault with my
act or my intention?
III.[7] What is there, in the name of gods and men! by
which I
can at the present moment confer a greater benefit on the republic?
What is there which either ought to be more pleasing to the Roman
people, or which can be more desirable in the eves of the allies and of
foreign nations, or more adapted to secure the safety and fortunes of
all men? The provinces depopulated, harassed, and utterly overturned;
the allies and tributaries of the Roman people afflicted and miserable,
are seeking now not for any hope of safety, but for comfort in their
destruction.
[8]
They who wish the administration of justice still to remain in the
hands of the senatorial body, complain that they cannot procure proper
accusers; those who are able to act as accusers, complain of the want
of impartiality in the decisions. In the meantime the Roman
people, although it suffers under many disadvantages and difficulties,
yet desires nothing in the republic so much as the restoration of the
ancient authority and importance to the courts of law. It is from a
regret at the state of our courts of law that the restoration of the
power of the tribunes is so eagerly demanded again. It is in
consequence of the uncertainty of the courts of law, that another class
is demanded to determine law-suits; owing to the crimes and infamy of
the judges, even the office of censor, which formerly was used to be
accounted too severe by the people, is now again demanded, and has
become popular and praiseworthy.
[9]
In a time of such licentiousness on the part of the wicked, of daily
complaint on the part of the Roman
people, of dishonour in the courts of law, of unpopularity of the whole
senate, as I thought that this was the only remedy for these numerous
evils, for men who were both capable and upright to undertake the cause
of the republic and the laws, I confess that I, for the sake of
promoting the universal safety, devoted myself to upholding that part
of the republic which was in the greatest danger.
[10]
Now that I have shown the motives by which I was influenced to
undertake the cause, I must necessarily speak of our contention, that,
in appointing an accuser, you may have some certain line of conduct to
follow. I understand the matter thus, O judges:--when any man is
accused of extortion, if there be a contest between any parties as to
who may best be entrusted with the prosecution, these two points ought
to be regarded most especially; first, whom they, to whom the injury is
said to have been done, wish most to be their counsel; and secondly,
whom he, who is accused of having done those injuries, would least wish
to be so.
IV.[11] In this cause, O judges, although I think both
these
points plain, yet I will dilate upon each, and first on that which
ought to have the greatest influence with you, that is to say, on the
inclination of those to whom the injuries have been done; of those for
whose sake this trial for extortion has been instituted. Caius Verres
is said for three years to have depopulated the province of Sicily,
to have desolated the cities of the Sicilians, to have made the houses
empty, to have plundered the temples. The whole nation of the Sicilians
is present, and complains of this. They fly for protection to my good
faith, which they have proved and long known; they entreat assistance
for themselves from you and from the laws of the Roman
people through my instrumentality; they desire me to be their defender
in these their calamities; they desire me to be the avenger of their
injuries, the advocate of their rights, and the pleader of their whole
cause.
[12] Will you, O Quintus
Caecilius,
say this, that I have not approached the cause at the request of the
Sicilians? or that the desire of those most excellent and most faithful
allies ought not to be of great influence with these judges? If you
dare to say that which Caius Verres,
whose enemy you are pretending to be, wishes especially to be
believed,--that the Sicilians did not make this request to me,--you
will in the first place be supporting the cause of your enemy, against
whom it is considered that no vague presumption, but that an actual
decision has been come to, in the fact that has become notorious, that
all the Sicilians have begged for me as their advocate against his
injuries.
[13] If you, his enemy,
deny
that this is the case, which he himself to whom the fact is most
injurious does not dare to deny, take care lest you seem to carry on
your enmity in too friendly a manner. In the second place, there are
witnesses, the most illustrious men of our state, all of whom it is not
necessary that I should name, those who are present I will appeal to;
while, if I were speaking falsely, they are the men whom I should least
wish to be witnesses of my impudence. He, who is one of the assessors
on this bid, Caius Marcellus, knows it; he, whom I see here present,
Cnaeus Lentulus Marcellinus,
knows it; on whose good faith and protection the Sicilians principally
depend, because the whole of that province is inalienably connected
with the name of the Marcelli.
[14]
These
men know that this request was not only made to me, but that it was
made so frequently and with such earnestness, that I had no alternative
except either to undertake the cause, or to repudiate the duty of
friendship. But why do I cite these men as witnesses, as if the matter
were doubtful or unknown? Most noble men are present here from the
whole province, who being present, beg and entreat you, O judges, not
to let your judgment differ from their judgment in selecting an
advocate for their cause. Deputations from every city in the whole of
Sicily, except two, are present; and if deputations from those two were
present also, two
of the very most serious of the crimes would be lessened in which these
cities are implicated with Caius Verres.
[15]
But why have they entreated this protection from me above all men? If
it were doubtful whether they had entreated it from me or not, I could
tell why they had entreated it; but now, when it is so evident that you
can see it with your eyes, I know not why it should be any injury to me
to have it imputed to me that I was selected above all men.
[16]
But I do not arrogate any such thing to myself, and I not only do not
say it, but I do not wish even to leave any one to believe that I have
been preferred to every possible advocate. That is not the fact but a
consideration of the opportunities of each individual and of his
health, and of his aptitude for conducting this cause, has been taken
into account. My desire and sentiments on this matter have always been
these, that I would rather that any one of those who are fit for it
should undertake it than I; but I had rather that I should undertake it
myself than that no one should.
V.[17] The next thing is, since it is evident that the
Sicilians
have demanded this of me, for us to inquire whether it is right that
this fact should have any influence on you and on your judgments;
whether the allies of the Roman
people, your suppliants, ought to have any weight with you in a matter
of extortion committed on themselves. And why need I say much on such a
point as this? as if there were any doubt that the whole law about
extortion was established for the sake of the allies.
[18]
For when citizens have been robbed of their money, it is usually sought
to be recovered by civil action and by a private suit. This is a law
affecting the allies,--this is a right of foreign nations. They have
this fortress somewhat less strongly fortified now than it was
formerly, but still if there be any hope left which can console the
minds of the allies, it is all placed in this law. And strict guardians
of this law have long since been required, not only by the Roman
people, but by the most distant nations.
[19]
Who then is there who can deny that it is right that the trial should
be conducted according to the wish of those men for whose sake the law
has been established? All Sicily,
if it could speak with one voice, would say this:--“All the gold, all
the silver, all the ornaments which were in my cities, in my private
houses, or in my temples,--all the rights which I had in any single
thing by the kindness of the senate and Roman people,--all that you, O
Caius Verres, have taken away and robbed me of, on which account I
demand of you a hundred million of
sesterces
according to the law.” If the whole province, as I have said, could
speak, it would say this, and as it could not speak, it has of its own
accord chosen an advocate to urge these points, whom it has thought
suitable.
[20] In a matter of this
sort,
will any one be found so impudent as to dare to approach or to aspire
to the conduct of the cause of others against the will of those very
people whose affairs are involved in it?
VI. If, O Quintus Caecilius,
the Sicilians were to say this to you,--we do not know you--we know not
who you are, we never saw you before; allow us to defend our fortunes
through the instrumentality of that man whose good faith is known to
us; would they not be saying what would appear reasonable to every one?
But now they say this--that they know both the men, that they wish one
of them to be the defender of their cause, that they are wholly
unwilling that the other should be.
[21]
Even if they were silent they would say plainly enough why they are
unwilling. But they are not silent; and yet will you offer yourself,
when they are most unwilling to accept you! Will you still persist in
speaking in the cause of others? Will you still defend those men who
would rather be deserted by every one than defended by you? Will you
still promise your assistance to those men who do neither believe that
you wish to give it for their sake, nor that, if you did wish it, you
could do it? Why do you endeavour to take away from them by force the
little hope for the remainder of their fortunes which they still
retain, built upon the impartiality of the law and of this tribunal?
Why do you interpose yourself expressly against the will of those whom
the law directs to be especially consulted? Why do you now openly
attempt to ruin the whole fortunes of those of whom you did not deserve
very well when in the province? Why do you take away from them, not
only the power of prosecuting their rights, but even of bewailing their
calamities? [22] If you are their
counsel, whom do you expect to come forward of those men who are now
striving, not to punish some one else by your means, but to avenge
themselves on you yourself, through the instrumentality of some one or
other?
VII. But this is a well established fact, that the
Sicilians
especially desire to have me for their counsel; the other point, no
doubt, is less clear,--namely, by whom Verres
would least like to be prosecuted! Did any one ever strive so openly
for any honour, or so earnestly for his own safety, as that man and his
friends have striven to prevent this prosecution from being entrusted
to me? There are many qualities which Verres believes to be in me, and
which he knows, O Quintus Caecilius, do not exist in you: and what
qualities each of us have I will mention presently; [23]
at this moment I will only say this, which you must silently agree to,
that there is no quality in me which he can despise, and none in you
which he can fear. Therefore, that great defender and friend of his
votes for you and opposes me; he openly solicits the
judges to have you preferred to me; and he says that he does this
honestly, without any envy of me, and without any dislike to me. “For,”
says he, “I am now asking for that which I usually obtain when I strive
for it earnestly. I am not asking to have the defendant acquitted; but
I am asking this, that he may be accused by the one man rather than by
the other. Grant me this; grant that which is easy to grant, and
honourable, and by no means invidious; and when you have granted that,
you will, without any risk to yourself, and without any discredit, have
granted that he shall be acquitted in whose cause I am labouring.” [24]
He says also, in order that some alarm may be mingled with the exertion
of his influence, that there are certain men on the bench to whom he
wishes their tablets to be shown, and that that is very easy, for that
they do not give their votes separately, but that all vote together;
and that a tablet, covered with the proper wax, and not with that
illegal wax which has
given so much scandal, is given to every one. And he does not give
himself all this trouble so much for the sake of Verres,
as because he disapproves of the whole affair. For he sees that, if the
power of prosecuting is taken away from the high-born boys whom he has
hitherto played with, and from the public informers, whom he has always
despised and thought insignificant (not without good reason), and to be
transferred to fearless men of well-proved constancy, he will no longer
be able to domineer over the courts of law as he pleases.
VIII.[25] I now beforehand give this man notice, that
if you
determine that this cause shall be conducted by me, his whole plan of
defence must be altered, and must be altered in such a manner as to be
carried on in a more honest and honourable way than he likes; that he
must imitate those most illustrious men whom he himself has seen,
Lucius
Crassus and Marcus Antonius;
who thought that they had no right to bring anything to the trials and
causes in which their friends were concerned, except good faith and
ability. He shall have no room for thinking, if I conduct the case,
that the tribunal can be corrupted without great danger to many. [26] In this trial I think that the
cause of the Sicilian nation,--that the cause of the whole Roman
people, is undertaken by me; so that I have not to crush one worthless
man alone, which is what the Sicilians have requested, but to
extinguish and extirpate every sort of iniquity, which is what the
Roman
people has been long demanding. And how far I labour in this cause, or
what I may be able to effect, I would rather leave to the expectations
of others, than set forth in my own oration. [27]
But as for you, O Caecilius,
what can you do? On what occasion, or in what affair, have you, I will
not say given proof to others of your powers! but even made trial of
yourself to yourself? Has it never occurred to you how important a
business it is to uphold a public cause? to lay bare the whole life of
another? and to bring it palpably before, not only the minds of the
judges, but before the very eyes and sight of all men; to defend the
safety of the allies, the interests of the provinces, the authority of
the laws, and the dignity of the judgment-seat?
IX. Judge by me, since this is the first opportunity of
learning
it that you have ever had, how many qualities must meet in that man who
is the accuser of another: and if you recognise any one of these in
yourself, I will, of my own accord, yield up to you that which you are
desirous of. First of all, he must have a singular integrity and
innocence. For there is nothing which is less tolerable than for him to
demand an account of his life from another who cannot give an account
of his own. Here I will not say any more of yourself. [28]
This one thing, I think, all may observe, that up to this time you had
no opportunity of becoming known to any people except to the Sicilians;
and that the Sicilians say this, that even though they are exasperated
against the same man, whose enemy you say that you are, still, if you
are the advocate, they will not appear on the trial. Why they refuse
to, you will not hear from me. Allow these judges to suspect what it is
inevitable that they must. The Sicilians, indeed, being a race of men
over-acute, and too much inclined to suspiciousness, suspect that you
do not wish to bring documents from Sicily against Verres; but, as both
his praetorship and your quaestorship are recorded in the same
documents, they suspect that you wish to remove them out of Sicily. [29]
In the second place, an accuser must be trustworthy and veracious. Even
if I were to think that you were desirous of being so, I easily see
that you are not able to be so. Nor do I speak of these things, which,
if I were to mention, you would not be able to invalidate, namely that
you, before you departed from Sicily, had become reconciled to Verres;
that Potamo, your secretary and intimate friend, was retained by Verres
in the province when you left it; that Marcus Caecilius,
your brother, a most exemplary and accomplished young man, is not only
not present here and does not stand by you while prosecuting your
alleged injuries, but that he is with Verres,
and is living on terms of the closest friendship and intimacy with him.
These, and other things belonging to you, are many signs of a false
accuser; but these I do not now avail myself of. I say this, that you,
if you were to wish it ever so much, still cannot be a faithful
accuser. [30] For I see that there
are many charges in which you are so implicated with Verres, that in
accusing him, you would not dare to touch upon them.
X. All Sicily complains that Caius Verres, when he had
ordered corn to be brought into his granary for him, and when a bushel
of wheat was two sesterces, demanded of the farmers
twelve sesterces a bushel for wheat. It was a great
crime, an immense sum, an impudent theft, an intolerable
injustice. I must inevitably convict him of this charge; what will you
do, O Caecilius? [31]
Will you pass over this serious accusation, or will you bring it
forward? If you bring it forward, will you charge that as a crime
against another, which you did yourself at the same time in the same
province? Will you dare so to accuse another, that you cannot avoid at
the same time condemning yourself? If you omit the charge, what sort of
a prosecution will yours be, which from fear of danger to yourself, is
afraid not only to create a suspicion of a most certain and enormous
crime, but even to make the least mention of it? Corn was bought, on
the authority of a decree of the senate, of the Sicilians while Verres
was praetor; [32] for which corn
all the money was not paid. This is a grave charge against Verres;
a grave one if I plead the cause, but, if you are the prosecutor, no
charge at all. For you were the quaestor, you had the handling of the
public money; and, even if the praetor desired it ever so much, yet it
was to a great extent in your power to prevent anything being taken
from it. Of this crime, therefore, if you are the prosecutor, no
mention will be made. And so during the whole trial nothing will be
said of his most enormous and most notorious thefts and injuries.
Believe me, O Caecilius, he who is connected with the criminal in a
partnership of iniquity, cannot really defend his associates while
accusing him. [33] The contractors
exacted money from the cities instead of corn. Well! was this never
done except in the praetorship of Verres? I do not say that, but it was
done while Caecilius
was quaestor. What then will you do? Will you urge against this man as
a charge, what you both could and ought to have prevented from being
done? or will you leave out the whole of it? Verres,
then, at his trial will absolutely never hear at all of those things,
which, when he was doing them, he did not know how he should be able to
defend.
XI. And I am mentioning those matters which lie on the
surface.
There are other acts of plunder more secret, which he, in order, I
suppose, to check the courage and delay the attack of Caecilius, has
very kindly participated in with his quaestor. [34]
You know that information of these matters has been given to me; and if
I were to choose to mention them, all men would easily perceive that
there was not only a perfect harmony of will subsisting between you
both, but that you did not pursue even your plunder separately. So that
if you demand to be allowed to give information of the crimes which
Verres
has committed in conjunction with you, I have no objection, if it is
allowed by the law. But if we are speaking of conducting the
prosecution, that you must yield ta those who are hindered by no crimes
of their own from being able to prove the offences of another. [35] And see how much difference there
will be between my accusation and yours. I intend to charge Verres
with all the crimes that you committed, though he had no share in them,
because he did not prevent you from committing them, though he had the
supreme power; you, on the other hand, will not allege against him even
the crimes which he committed himself, lest you should be found to be
in any particular connected with him. What shall I say of these other
points, O Caecilius?
Do these things appear contemptible to you, without which no cause,
especially no cause of such importance, can by any means be supported?
Have you any talent for pleading? any practice in speaking? Have you
paid any attention or acquired any acquaintance with the forum, the
courts, and the laws? [36] I know
in what
a rocky and difficult path I am now treading; for as all arrogance is
odious, so a conceit of one's abilities and eloquence is by far the
most disagreeable of all. On which account I say nothing of my own
abilities; for I have none worth speaking of, and if I had I would not
speak of them. For either the opinion formed of me is quite sufficient
for me, such as it is; or if it be too low an opinion to please me,
still I cannot make it higher by talking about them.
XII.[37] I will just, O Caecilius,
say this much familiarly to you about yourself, forgetting for a moment
this rivalry and contest of ours. Consider again and again what your
own sentiments are, and recollect yourself; and consider who you are,
and what you are able to effect. Do you think that, when you have taken
upon yourself the cause of the allies, and the fortunes of the
province, and the rights of the Roman
people, and the dignity of the judgment-seat and of the law, in a
discussion of the most important and serious matters, you are able to
support so many affairs and those so weighty and so various with your
voice, your memory, your counsel, and your ability?
[38] Do you think that you are able to distinguish
in separate charges, and in a well-arranged speech, all that Caius
Verres has done in his quaestorship, and in his lieutenancy, and in his
praetorship, at Rome, or in Italy, or in Achaia, or in Asia Minor, or
in Pamphylia,
as the actions themselves are divided by place and time? Do you think
that you are able (and this is especially necessary against a defendant
of this sort) to cause the things which he has done licentiously, or
wickedly, or tyrannically, to appear just as bitter and scandalous to
those who hear of them, as they did appear to those who felt them? [39]
Those things which I am speaking of are very important, believe me. Do
not you despise this either; everything must be related, and
demonstrated, and explained; the cause must be not merely stated, but
it must also be gravely and copiously dilated on. You must cause, if
you wish really to do and to effect anything, men not only to hear you,
but also to hear you willingly and eagerly. And if nature kind been
bountiful to you in such qualities, and if from your childhood you had
studied the best arts and systems, and worked hard at them;--if you had
learnt Greek literature at Athens, not at Lilybaeum, and Latin
literature at Rome, and not in Sicily;
still it would be a great undertaking to approach so important a cause,
and one about which there is such great expectation, and having
approached it, to follow it up with the requisite diligence; to have
all the particulars always fresh in your memory; to discuss it properly
in your speech, and to support it adequately with your voice and your
faculties. [40] Perhaps you may
say, What
then? Are you then endowed with all these qualifications?--I wish
indeed that I were; but at all events I have laboured with great
industry from my very childhood to attain them. And if I, on account of
the importance and difficulty of such a study have not been able to
attain them, who have done nothing else all my life, how far do you
think that you must be distant from these qualities, which you have not
only never thought of before, but which even now, when you are entering
on a stage that requires them all, you can form no proper idea of,
either as for their nature or as to their importance?
XIII.[41] I, who as all men know, am so much concerned
in the
forum and the courts of justice, that there is no one of the same age,
or very few, who have defended more causes, and who spend all my time
which can be spared from the business of my friends in these studies
and labours, in order that I may be more prepared for forensic practice
and more ready at it, yet, (may the gods be favourable to me as I am
saying what is true!) whenever the thought occurs to me of the day when
the defendant having been summoned, I have to speak, I am not only
agitated in my mind, but a shudder runs over my whole body. [42]
Even now I am surveying in my mind and thoughts what party spirit will
be shown by men; what throngs of men will meet; how great an
expectation the importance of the trial will excite; how greet a
multitude of hearers the infamy of Caius Verres
will collect; how great an audience for my speech his wickedness will
draw together And when I think of these things, even now I am afraid as
to what I shall be able to say suitable to the hatred men bear him who
are inimical and hostile to him, and worthy of the expectation which
all men will form, and of the importance of the case.
[43]
Do you fear nothing, do you think of nothing are you anxious about
nothing of all this? Or if from some old speech you have been able to
learn, “I entreat the mighty and beneficent Jupiter,”
or, “I wish it were possible, O judges,” or something of the sort, do
you think that you shall come before the court in an admirable state of
preparation? [44] And, even if no
one
were to answer you, yet you would not, as I think, be able to state and
prove even the cause itself. Do you now never give it a thought, that
you will have a contest with a most eloquent man, and one in a perfect
state of preparation for speaking, with whom you will at one time have
to argue, and at another time to strive and contend against him with
all your might? Whose abilities indeed I praise greatly, but not so as
to be afraid of them, and think highly of, thinking however at the same
time that I am more easily to be pleased by them than cajoled by them.
XIV. He will never put me down by his acuteness; he
will never
put me out of countenance by any artifice; he will never attempt to
upset and dispirit me by displays of his genius. I know all the modes
of attack and every system of speaking the man has. We have often been
employed on the same, often on opposite sides. Ingenious as he is, he
will plead against me as if he were aware that his own ability is to
same extent put on its trial.
[45] But as for you, O Caecilius,
I think that I see already how he will play with you, how he will bandy
you about; how often he will give you power and option of choosing
which alternative you please,--whether a thing were done or not,
whether a thing be true or false; and whichever side you take will be
contrary to your interest. What a heat you will be in, what
bewilderment! what darkness, O ye immortal gods! will overwhelm the
man, free from malice as he is. What will you do when he begins to
divide the different counts of your accusation, and to arrange on his
fingers each separate division of the cause? What will you do when he
begins to deal with each argument, to disentangle it, to get rid of it?
You yourself in truth will begin to be afraid lest you have brought an
innocent man into danger. [46] What
will
you do when he begins to pity his client, to complain, and to take off
some of his unpopularity from him and transfer it to you? to speak of
the close connection necessarily subsisting between the quaestor and
the praetor? of the custom of the ancients? of the holy nature of the
connection between those to whom the same province was by lot
appointed? Will you be able to encounter the odium such a speech will
excite against you? Think a moment; consider again and again. For there
seems to me to be danger of his overwhelming you not with words only,
but of his blunting the edge of your genius by the mere gestures and
motions of his body, and so distracting you and leading you away from
every previous thought and purpose. [47]
And I see that the trial of this will be immediate; for if you are able
today to answer me and these things which I am saying; if you even
depart one word from that book which some elocution-master or other has
given you, made up of other men's speeches; I shall think that you are
able to speak, and that you are not unequal to that trial also, and
that you will be able to do justice to the cause and to the duty you
undertake. But if in this preliminary skirmish with me you turn out
nothing, what can we suppose you will be in the contest itself against
a most active adversary?
XV. Be it so; he is nothing himself, he has no ability;
but he
comes prepared with well-trained and eloquent supporters. And this too
is something, though it is not enough; for in all things he who is the
chief person to act, ought to be the most accomplished and the best
prepared. But I see that Lucius Appuleius
is the next counsel on the list, a mere beginner, not as to his age
indeed, but as to his practice and training in forensic contests. [48]
Next to him he has, as I think, Allienus; he indeed does belong to the
bar, but however, I never took any particular notice of what he could
do in speaking; in raising an outcry, indeed, I see that he is very
vigorous and practiced. In this man all your hopes are placed; he, if
you are appointed prosecutor, will sustain the whole trial. But even he
will not put forth his whole strength in speaking, but will consult
your credit and reputation; and will abstain from putting forth the
whole power of eloquence which he himself possesses, in order that you
may still appear of some importance As we see is done by the Greek
pleaders; that he to whom the second or third part belongs, though he
may be able to speak somewhat better than his leader, often restrains
himself a good deal, in order that the chief may appear to the greatest
possible advantage, so will Allienus act; he will be subservient to
you, he will pander to your interest, he will put forth somewhat less
strength than he might. [49] Now
consider
this, O judges, what sort of accusers we shall have in this most
important trial; when Allienus himself will somewhat abstain from
displaying all his abilities, if he has any, and Caecilius
will only be able to think himself of any use, because Allienus is not
so vigorous as he might be, and voluntarily allows him the chief share
in the display. What fourth counsel he is to have with him I do not
know, unless it be one of that crowd of losers of time who have
entreated to be allowed an inferior part in this prosecution, whoever
he might be to whom you gave the lead. [50]
And you are to appear in just this state of preparation, that you have
to make friends of those men who are utter strangers to you, for the
purpose of obtaining their assistance. But I will not do these men so
much honour as to answer what they have said in any regular order, or
to give a separate answer to each; but since I have come to mention
them not intentionally, but by chance, I will briefly, as I pass,
satisfy them all in a few words.
XVI. Do I seem to you to be in such exceeding want of
friends
that I must have an assistant given me, chosen not out of the men whom
I have brought down to court with me, but out of the people at large?
And are you suffering under such a dearth of defendants, that you
endeavour to filch this cause from me rather than look for some
defendants of your own class at the pillar of Maenius? [51] Appoint me, says he, to watch
Tullius.
What? How many watchers shall I have need of, if I once allow you to
meddle with my bag? as you will have to be watched not only to prevent
your betraying anything, but to prevent your removing anything. But for
the whole matter of that watchman I will answer you thus in the
briefest manner possible; that these honest judges will never permit
any assistant to force himself against my consent into so important a
cause, when it has been undertaken by me, and is entrusted to me. [52] In truth, my integrity rejects an
overlooker; my diligence is afraid of a spy. But to return to you, O
Caecilius,
you see how many qualities are wanting to you; how many belong to you
which a guilty defendant would wish to belong to his prosecutor, you
are well aware. What can be said to this? For I do not ask what you
will say yourself, I see that it is not you who will answer me, but
this book which your prompter has in his hand; who, if he be inclined
to prompt you rightly, will advise you to depart from this place and
not to answer me one word. For what can you say? That which you are
constantly repeating, that Verres
has done you an injury? I have no doubt he has, for it would not be
probable, when he was doing injuries to all the Sicilians, that you
alone should be so important in his eyes that he should take care of
your interests. [53] But the rest
of the
Sicilians have found an avenger of their injuries; you, while you are
endeavouring to exact vengeance for your injuries by your own means,
(which you will not be able to effect,) are acting in a way to leave
the injuries of all the rest unpunished and unavenged. And you do not
see that it ought not alone to be considered who is a proper person to
exact vengeance, but also who is a person capable of doing so,--that if
there be a man in whom both these qualifications exist, he is the best
man. [54] But if a man has only one
of
them, then the question usually asked is, not what he is inclined to
do, but what he is able to do. And if you think that the office of
prosecutor ought to be entrusted to him above all other men, to whom
Caius Verres
has done the greatest injury, which do you think the judges ought to be
most indignant at,--at your having been injured by him, or at the whole
province of Sicily
having been harassed and ruined by him? I think you must grant that
this both is the worst thing of the two, and that it ought to be
considered the worst by every one. A flow, therefore, that the province
ought to be preferred to you as the prosecutor. For the province is
prosecuting when he is pleading the cause whom the province has adopted
as the defender of her rights, the avenger of her injuries, and the
pleader of the whole cause.
XVII.[55] Oh, but Caius Verres
has done you such an injury as might afflict the minds of all the rest
of the Sicilians also, though the grievance was felt only by another.
Nothing of the sort. For I think it is material also to this argument
to consider what sort of injury is alleged and brought forward as the
cause of your enmity. Allow me to relate it. For he indeed, unless he
is wholly destitute of sense, will never say what it is. There is a
woman of the name of Agonis, a Lilybaean, a freedwoman of Venus
Erycina;
a woman who before this man was quaestor was notoriously well off and
rich. From her some prefect of Antonius's carried off some musical
slaves whom he said he wished to use in his fleet. Then she, as is the
custom in Sicily for all the slaves of Venus,
and all those who have procured their emancipation from her, in order
to hinder the designs of the prefect, by the scruples which the name of
Venus would raise, said that she and all her property belonged to
Venus. [56] When this was reported
to
Caecilius,
that most excellent and upright man, he ordered Agonis to be summoned
before him; he immediately orders a trial to ascertain “if it appeared
that she had said that she and all her property belonged to Venus.” The
recuperators
decide all that was necessary, and indeed there was no doubt at all
that she had said so. He sends men to take possession of the woman's
property. He adjudges her herself to be again a slave of Venus;
then he sells her property and confiscates the money. So while Agonis
wishes to keep a few slaves under the name and religious protection of
Venus, she loses all her fortunes and her own liberty by the wrong
doing of that man. After that, Verres comes to Lilybaeum;
he takes cognisance of the affair; he disapproves of the act; he
compels his quaestor to pay back and restore to its owner all the money
which he had confiscated, having been received for the property of
Agonis. [57] He is here, and you
may well admire it, no longer Verres, but Quintus Mucius. For what
could he do more delicate to obtain a high character among
men? what more just to relieve the distress of the women? what more
severe to repress the licentiousness of his quaestor? All this appears
to me most exceedingly praiseworthy. But at the very next step, in a
moment, as if he had drank of some Circaean cup, having been a man, he
becomes Verres
again; he returns to himself and to his old habits. For of that money
he appropriated a great share to himself, and restored to the woman
only as much as he chose.
XVIII.[58] Here now if you say that you were offended
with Verres,
I will grant you that and allow it; if you complain that he did you any
injury, I will defend him and deny it. Secondly, I say that of the
injury which was done to you no one of us ought to be a more severe
avenger than you yourself, to whom it is said to have been done. If you
afterwards became reconciled to him, if you were often at his house, if
he after that supped with you, do you prefer to be considered as acting
with treachery or by collusion with him? I see that one of these
alternatives is inevitable, but in this matter I will have no
contention with you to prevent your adopting which you please. [59]
What shall I say if even the pretext of that injury which was done to
you by him no longer remains? What have you then to say why you should
be preferred, I will not say to me, but to any one? except that which I
hear you intend to say, that you were his quaestor: which indeed would
be an important allegation if you were contending with me as to which
of us ought to be the most friendly to him; but in a contention as to
which is to take up a quarrel against him, it is ridiculous to suppose
that an intimate connection with him can be a just reason for bringing
him into danger. [60] In truth, if
you
had received ever so many injuries from your praetor, still you would
deserve greater credit by bearing them than by revenging them; but when
nothing in his life was ever done more rightly than that which you call
an injury, shall these judges determine that this cause, which they
would not even tolerate in any one else, shall appear in your case to
be a reasonable one to justify the violation of your ancient
connection? When even if you had received the greatest injury from him,
still, since you have been his quaestor, you cannot accuse him and
remain blameless yourself. But if no injury has been done you at all,
you cannot accuse him without wickedness; and as it is very uncertain
whether any injury has been done you, do you think that there is any
one of these men who would not prefer that you should depart without
incurring blame rather than after having committed wickedness?
XIX.[61] And just think how great is the difference
between my
opinion and yours. You, though you are in every respect inferior to me,
still think that you ought to be preferred to me for this one reason,
because you were his quaestor. I think, that if you were my superior in
every other qualification, still that for this one cause alone you
ought to be rejected as the prosecutor. For this is the principle which
has been handed down to us from our ancestors, that a praetor ought to
be in the place of a parent to his quaestor; that no more reasonable
nor more important cause of intimate friendship can be imagined than a
connection arising from drawing the same lot, having the same province,
and being associated in the discharge of the same public duty and
office. [62] Wherefore, even if you
could
accuse him without violating strict right, still, as he had been in the
place of a parent to you, you could not do so without violating every
principle of piety. But as you have not received any injury, and would
yet be creating danger for your praetor, you must admit that you are
endeavouring to wage an unjust and impious war against him. In truth,
your quaestorship is an argument of so strong a nature, that you would
have to take a great deal of pains to find an excuse for accusing him
to whom you had acted as quaestor, and can never be a reason why you
should claim on that account to have the office of prosecuting him
entrusted to you above all men. Nor indeed, did any one who had acted
as quaestor to another, ever contest the point of being allowed to
accuse him without being rejected. [63]
And therefore, neither was permission given to Lucius Philo to bring
forward an accusation against Caius Servilius, nor to Marcus Aurelius
Scaurus to prosecute Lucius Flaccus, nor to Cnaeus Pompeius to accuse
Titus Albucius;
not one of whom was refused this, permission because of any personal
unworthiness, but in order that the desire to violate such an intimate
connection might not be sanctioned by the authority of the judges. And
that great man Cnaeus Pompeius contended about that matter with Caius
Julius, just as you are contending with me. For he had been the
quaestor of Albucius, just as you were of Verres: Julius
had on his side this reason for conducting the prosecution, that, just
as we have now been entreated by the Sicilians, so he had then been
entreated by the Sardinians, to espouse their cause. And this argument
has always had the greatest influence; this has always been the most
honourable cause for acting as accuser, that by so doing one is
bringing enmity on oneself in behalf of allies, for the sake of the
safety of a province, for the advantage of foreign nations--that one is
for their sakes incurring danger, and spending much care and anxiety
and labour.
XX.[64] Even if the cause of those men who wish to
revenge their
own injuries be ever so strong, in which matter they are only obeying
their own feelings of indignation, not consulting the advantage of the
republic: how much more honourable is that cause, which is not only
reasonable, but which ought to be acceptable to all,--that a man,
without having received any private injury to himself, should be
influenced by the sufferings and injuries of the allies and friends of
the Roman people! When lately that most brave and upright man Lucius
Piso demanded to be allowed to prefer an accusation against Publius
Gabinius, and when Quintus Caecilius claimed the same permission in
opposition to Piso, and said that in so doing he was following up an
old quarrel which he had long had with Gabinius; it was not only the
authority and dignity of Piso which had great weight, but also the
superior justice of his cause, because the Achaeans had adopted him as
their patron. [65] In truth, when
the very law itself about extortion is the protectress of the allies
and friends of the Roman
people, it is an iniquitous thing that he should not, above all others,
he thought the fittest advocate of the law and conductor of the trial,
whom the allies wish, above all men, to be the pleader of their cause,
and the defender of their fortunes. Or ought not that which is the more
honourable to mention, to appear also far the most reasonable to
approve of? Which then is the more splendid, which is the more
honourable allegation--“I have prosecuted this man to whom I had acted
as quaestor, with whom the lot cast for the provinces, and the custom
of our ancestors, and the judgment of gods and men had connected me,”
or, “I have prosecuted this man at the request of the allies and
friends of the Roman
people, I have been selected by the whole province to defend its rights
and fortunes?” Can any one doubt that it is more honourable to act as
prosecutor in behalf of those men among whom you have been quaestor,
than as prosecutor of him whose quaestor you have been?
[66]
The most illustrious men of our state, in the best of times, used to
think this most honourable and glorious for them to ward off injuries
from their hereditary friends, and from their clients, and from foreign
nations which were either friends or subjects of the Roman people, and
to defend their fortunes. We learn from tradition that Marcus Cato,
that wise man, that most illustrious and most prudent man, brought upon
himself great enmity from many men, on account of the injuries of the
Spaniards among whom he had been when consul. We know that lately
Cnaeus Domitius prosecuted Marcus Silanus on account of the injuries of
one man, Egritomarus, his father's friend and comrade.
XXI. Nor indeed has anything ever had more influence
over the
minds of guilty men than this principle of our ancestors, now
re-adopted and brought back among us after a long interval, namely,
that the complaints of the allies should be brought to a man who is not
very inactive, and their advocacy undertaken by him who appeared able
to defend their fortunes with integrity and diligence. [68]
Men are afraid of this; they endeavour to prevent this; they are
disquieted at such a principle having ever been adopted, and after it
has been adopted at its now being resuscitated and brought into play
again. They think that, if this custom begins gradually to creep on and
advance, the laws will be put in execution, and actions will be
conducted by honourable and fearless men, and not by unskillful youths,
or informers of this sort. [69] Of
which custom and principle our fathers and ancestors did not repent
when Publius Lentulus, he who was chief of the Senate, prosecuted
Marcus
Aquillius, having Caius Rutilius Rufus backing the accusation; or when
Publius Africanus,
a man most eminent for valour, for good fortune, for renown, and for
exploits, after he had been twice consul and had been censor brought
Lucius Cotta to trial Then the name of the Roman
people was rightly held in high honour; rightly was the authority of
this empire and the majesty of the state considered illustrious. Nobody
marveled in the case of that great man Africanus,
as they now pretend to marvel with respect to me, a man endowed with
but moderate influence and moderate talents, just because they are
annoyed at me; [70] “What can he be
meaning? does he want to be considered a prosecutor who hitherto has
been accustomed to defend people? and especially now at the age when he
is seeking the aedileship?” But I think it becomes not my age only, but
even a much greater age, and I think it an action consistent with the
highest dignity to accuse the wicked, and to defend the miserable and
distressed. And in truth, either this is a remedy for a republic
diseased and in an almost desperate condition, and for tribunals
corrupted and contaminated by the vices and baseness of a few, for men
of the greatest possible honour and uprightness and modesty to
undertake to uphold the stability of the laws, and the authority of the
courts of justice; or else, if this is of no advantage, no medicine
whatever will ever be found for such terrible and numerous evils as
these. [71] There is no greater
safety
for a republic, than for those who accuse another to be no less alarmed
for their own credit, and honour, and reputation, than they who are
accused are for their lives and fortunes. And therefore, those men have
always conducted prosecutions with the greatest care and with the
greatest pains, who have considered that they themselves had their
reputations at stake.
XXII. You, therefore, O judges ought to come to this
decision, that Quintus Caecilius
of whom no one has ever had any opinion, and from whom even in this
very trial nothing could be expected--who takes no trouble either to
preserve a reputation previously acquired, or to give grounds for hope
of himself in future times--will not be likely to conduct this cause
with too much severity, with too much accuracy, or with too much
diligence. For he has nothing which he can lose by disappointing public
expectation; even if he were to come off ever so shamefully, or ever so
infamously, he will lose no credit which he at present enjoys. [72] From us the
Roman
people has many hostages which we must labour with all our might and by
every possible means to preserve uninjured, to defend, to keep in
safety, and to redeem; it has honour which we are desirous of; it has
hope, which we constantly keep before our eyes; it has reputation,
acquired with much sweat and labour day and night; so that if we prove
our duty and industry in this cause, we may be able to preserve all
those things which I have mentioned safe and unimpaired by the favour
of the Roman
people; but if we trip and stumble ever so little, we may at one moment
lose the whole of those things which have been collected one by one and
by slow degrees. [73] On which
account it
is your business, O judges, to select him who you think can most easily
sustain this great cause and trial with integrity, with diligence, with
wisdom, and with authority. If you prefer Quintus Caecilius to me, I
shall not think that I am surpassed in dignity; but take you care that
the Roman
people do not think that a prosecution as honest, as severe, as
diligent as this would have been in my hands, was neither pleasing to
yourselves nor to your body.