Impeachment of Verres. () B.C. 70.
Argument
Caius Verres, a man of noble birth, but notorious for his crimes and exactions in the civil war and in the offices he had held since, was city praetor (praetor urbanus) B.C. 74. At the close of his term of office, he went, in accordance with the law, as propraetor, to govern the province of Sicily. By reason of the disturbed condition of Italy, from the revolt of Spartacus, he was not relieved at the end of a year, as the law required, but continued two years longer in the government of the province, when he was succeeded by Lucius Caecilius Metellus. During these three years he was guilty of the most abominable oppressions and exactions; and the Sicilians, as soon as they were relieved of his presence, brought suit against him in the court of Repetundae (that for the trial of cases of Extortion), then presided over by the praetor Manius Acilius Glabrio. To conduct the prosecution they had recourse to Cicero, who already stood high among Roman advocates, and who was personally known and trusted by the Sicilians on account of his honorable administration of the quaestorship in their island in B.C. 77. Cicero willingly took charge of the case, the more so as the counsel for Verres was Hortensius, the leading lawyer of the time, against whom he was eager to measure his strength. Although the cruelty and rapacity of Verres were notorious, yet his relations to the Roman nobility insured him the same kind of support at home which recently, under somewhat similar circumstances, was afforded to Governor Eyre in England, on his return from Jamaica: not only Hortensius, but Curio, a man of excellent reputation, with members of the eminent families of Scipio and Metellus, stood firmly by him. The only hope of Verres lay in preventing a fair and speedy trial. First he tried to obtain a prosecutor who should be in collusion with him, and would not push him too hard. For this purpose one Caecilius was put forward, an insignificant person, but a native of Sicily. Cicero's first speech in the case (In Q. Caecilium) was therefore a preliminary argument before the praetor Glabrio in person, to show that he, rather than Caecilius, should be allowed to conduct the case. This it was not hard to do, and he set out at once for Sicily to collect evidence, for which purpose he was allowed one hundred and ten days. To consume time the opposition had planned to bring before the same court a trumped-up action against another provincial governor which should have precedence of the trial of Verres. To this end they had procured for the prosecutor in the rival suit an allowance of one hundred and eight days for collecting evidence in Achaia — or two days less than the time which Cicero was expected to need. This intrigue was foiled by Cicero's industry and skill. He used not quite half of the time allowed him, arriving in Rome, with ample evidence, not only before the prosecutor in the rival case was ready, but even before the latter had left Italy on his pretended tour of investigation. The trial of Verres was now fixed for Aug. 5, B.C. 70 (consulship of Pompey and Crassus). Meantime (in the latter part of July) the elections were held for the next year. As was the custom in Rome, these occurred several months before the newly elected magistrates were to enter upon their offices. The successful candidates, under the title of designati, enjoyed a dignity almost equal to that of the actual magistrates, although with no real power (see ch. ix.). In these elections Cicero was designated aedile; but his rival Hortensius was chosen consul, with Quintus Metellus Creticus, Verres' fast friend, as his colleague. More than this, Marcus Metellus, brother of Quintus, was chosen praetor, and the lot fell to him to preside the next year in the court of Repetundae. If now the trial could be put over till the next year, when Hortensius and the two Metelli would be in the three most influential positions in the State, Verres felt quite sure of getting clear. Neither did it seem as if this would be very hard to bring about; for the last six months of the Roman year were so full of festivals and other days on which the court could not sit, that the case would be liable to constant interruptions and delays. The postponement would have disappointed Cicero sorely, for, by good luck in drawing the names, and sagacity in challenging, he had a jury that he could trust, and he was not willing to run the risk of a change. Under these circumstances Cicero made the second speech of the Verrine group — that which is known as the Actio Prima (included in the present edition, pp. 28-47 below). In this oration he declared his intention of departing from the usual course of procedure in order to push the trial through before the New Year. It was customary for the prosecutor, after opening the case (as in the present speech), to present his proofs and arguments in a long connected oration (or a series of orations); there followed a reply from the defendant's counsel, and then the witnesses were introduced. Cicero, omitting the long statement just described, proceeded to bring forward his witnesses immediately. Since the only hope of the defence lay in putting off the trial, Cicero's promptitude was decisive: Hortensius soon threw up his case, and Verres went into exile, with a name forever associated with extortion and misgovernment. Full restitution of the plunder was, however, not obtained: a compromise was made, by which a less sum was paid in satisfaction of the claims. The five speeches known as the "Accusation" proper (Actio Secunda) were never delivered, but were written out and published in order to put on record the facts which Cicero had gathered with so much pains, and to give a specimen of his powers in the way of forensic composition. With the trial of Verres the student may compare the impeachment of Warren Hastings in the eighteenth century, probably the most famous modern instance of the arraignment of a provincial governor for alleged misgovernment, extortion, and cruelty. The prosecution in this case (and in particular Burke) seem to have modelled their speeches on the Verrine orations of Cicero, and many parallels may easily be discovered A few of these are quoted in these notes. That the similarity of the two situations was clearly felt at the time may be seen from Lord Erskine's Defence of Stockdale (December, 1789) on a charge connected with the impeachment of Hastings: “When Cicero impeached Verres before the great tribunal of Rome, of similar cruelties and depredations in her provinces, the Roman people were not left to such inquiries. All Sicily surrounded the Forum, demanding justice upon her plunderer and spoiler, with tears and imprecations. It was not by the eloquence of the orator, but by the cries and tears of the miserable, that Cicero prevailed in that illustrious case. Verres fled from the oaths of his accusers and their witnesses, and not from the voice of Tully.”
The trial of Verres gives the senatorial order an opportunity to redeem the reputation of the courts. Verres had no defence, but had expected to escape by bribing the jury in case he should be prosecuted. His guilt was notorious, so that the chief question now to be determined was that of the integrity of the jury. Cicero accordingly makes this the main point of the present oration: it is the court, he insists, that is on trial rather than Verres. 1.
erat optandum,what was chiefly to be wished: not implying a protasis contrary to fact. See § 522, a (311, c); B. 304, 3; G. 254, R.1; H. 583 (511, 1, N.8); H.-B. 582, 3, a. quod . . .pertinebat, the one thing which most tended (or, was of chief importance). invidiam . . . infamiamque,odium and ill repute, from the partisan use of the courts by the Senators. vestri ordinis, i.e. the senatorial order. The word ordo signified, loosely, any recognized body of citizens—as freedmen, publicans, clerks; but it was more especially used of the two powerful classes of the Roman aristocracy, the Senatorial and the Equestrian, which struggled with each other for power during the last century of the Republic. The Senators, from whom the jurors were at this time taken (see note on Rosc. Am., p. 2,1. l), formed a limited (300 to 600) order of nobility which virtually controlled the government. The equites constituted a moneyed aristocracy. Naturally these two orders had opposing interests, as the Senators were excluded from trade and the equites practically from political power. Their antagonism showed itself more especially in the matter of the provinces, which the Senators wished to oppress by official plunder and the equites by commercial extortion. summo . . . tempore, most critical time (more lit. extreme crisis): the year of the consulship of Pompey and Crassus (B.C. 70). inveteravit (emphatic position), there has come to be deeply rooted (observe that the figure is quite different in the Latin). opinio, notion or idea (not so strong as our opinion, which should be sententia). exteras nationes:the reference is, of course, to the peoples subject to Rome, who were aggrieved by the rapacity of the provincial governors. his iudiciis: in consequence of the situation described above (note on ordinis, l. 2) it became all important for one class or the other to control the courts, before which any misdoings of either party were likely to come for trial. For years these two orders had struggled for such control. At this particular time the courts were in the hands of the Senators, who were bound together by a common cause to shield any one of their number who might be charged with misconduct as a provincial governor. neminem (more emphatic than nullum）:translate, never.
cum (causal) sint, when men are ready.—contionibus et legibus,harangues and bills (proposed laws). The proposition of a law which took the exclusive control of the courts from the Senators was even now pending, and the law （Lex Aurelia) was passed before the case of Verres was decided. conentur, purpose clause. magnitudine, abl. of means. spe, abl. of specification. actor, complainant, i.e. agent or attorney for conducting the suit in personal processes (in personam). adduxi enim hominem,etc.: cf. Burke, Impeachment of Warren Hastings: "We have brought before your Lordships the first man in property and power; we have brought before you the head, the chief, the captain-general in iniquity,—one in whom all the frauds, all the peculations, all the tyranny in India are embodied, disciplined, and arrayed. Then, if we have brought before you such a person, if you strike at him, you will not have need of a great many more examples,— you strike at the whole corps if you strike at the head:" in quo, in whose case reconciliare,etc., win back the lost repute. possetis, purpose. depeculatorem,etc.: for a more complete statement of these charges, see chs. iv, v. juris urbani,i.e. as praetor urbanus (see sect. 12).
vos, opposed to ego below. religiose, according to your oath. religionem veritatemque:here, feeling of obligation and regard for the truth.Notice that the Latin, having a comparatively poor vocabulary, is obliged to use one word for all the phrases or sides of an idea; hence such a word as veritas may mean truth (abstractly), a truth (concretely), the truth (generally), regard for truth, or truthful conduct. judicium, etc., i.e. the court will be found wanting,—not a suitable defendant or a zealous prosecutor.
2. Verres had already relied on bribing the courts. His vain attempt to delay his trial by the trumped-up Achaian case. His present effort to procure a postponement by corrupt means.
equidem, i.e. for my own part. quas partim,some of which. devitarim,subj. as a part of the concession contained in cum . . .sint: § 593 (342); B. 324, I; G. 663, I; H. 652 (529, ii); H-B. 539. neque . . . neque, following numquam, does not destroy the negative, but is more emphatic than aut . . . aut.
istius: see note on Rosc. Am., p. 4, l. 16. Glabrioni: the praetor presiding. ordini . . . senatorio,the senatorial order, nay, the very name of Senator. dictitat,constantly repeats: § 263, 2 (167, b); B. 155, 2, a; G. 191, I; H. 364 (336); H.-B. 212, I. esse metuendum: for erat met. in dir. disc.; hence followed by the secondary sequence, i.e. those would have to fear (if the case were theirs), but he, etc. § 584, a and N. (336 A, N.l); H.-B. 581, b, I. quod, i.e. only what. multis,i.e. not only for himself but also for his counsel and for those whom he may wish to bribe,—in particular, the jurors (see sect. 40). pecuniabelongs to both clauses, as is shown by their parallelism. possit:for tense, see § 485, c (287, c); B. 268, 7; G. 513; H. 550 (495, vi); cf. H.-B. 478.
esset:imperf. subj. in protasis of a continued condition lasting till now; § 517, a (308, a); B. 304, 2; G. 597, R.l; H. 579, I (510, N.2); H.-B. 581. fefellisset, he would have eluded us. cadit:pres. tense, of an action lasting till now; § 466 (276, a); B. 259, 4; G. 230; H. 533 (467, 2); H.-B. 485. corrumpendi judici, of bribing the court (cf. our phrase "bribery and corruption"). factus sit:for sequence, see § 485, c, N.2 (287, C, N.); B. 268, 6; G. 513; H. 550 (495, vi); cf. H.-B. 478; notice that the perf. would necessarily be used in the dir. disc. with cum primum. tempus . . . offenderet,he hit an unfavorable time; because popular sentiment was already so exasperated in regard to the corruption of the courts.
in Siciliam inquirendi,i.e. for going into Sicily to make an investigation (hence the acc.). invenit . . . qui,he found some one who. in Achaiam, sc.inquirendi:on this trumped-up case, which was intended to have the precedence of the trial of Verres, see Introd. to this Oration (p. 27). ut . . . conficeret,purp. clause dependent on invenit. Brundisium,Brindisi,the port whence the greater part of Italian travel, now as then, embarks for the East. obii, went throughout. populorum, commmunities: the word populus, meaning originally multitude, is a semi-abstract noun often used to denote the community in its official capacity Our use of the word people in some later meanings frequently produces confusion in the minds of beginners. The political system of the ancients was composed of an indefinite number of petty communities, all possessing a certain degree of independence. Hence the plur. is used here to indicate several such communities. ut . . . posset (clause of result), imperf by seq. of tenses: translate, however, can. qui . . . obsideret (purpose), to block my chance (of bringing Verres to trial). 3.
nunc:i.e. now that his former scheme has failed. hoc, this new idea. What the idea is is detailed in sects. 7, 8: viz. the reasons for desiring a postponement together with grounds for hoping for it. civis, citizens, i.e. Romans travelling or doing business in the provinces, or provincials who had received the citizenship. socios,allies: citizens of communities which, although embraced within the boundaries of Roman provinces, had, for special reasons, been allowed to retain a nominal independence, with their own laws and magistrates. auctoritatibus,documents, i.e. official testimony ("resolutions," etc.) relating to the acts of Verres.
bonis, good citizens: here, as generally in Cicero, used in a partisan sense for the aristocracy. experiatur:this violates the sequence of tenses in order to make the meaning clear; the imperf. would refer to the time of getting the money, not to the present moment; cf. § 481, N. (287, h, N.); B. 268, 7; G. 509, 1, N.; H.-B. 478. fuerit: the subj. shows that this is the thought of Verres, and not merely something thrown in by Cicero. tempus: the present scheme of the defence is by corrupt means to stave off the trial to a more advantageous time (see chs. vi-viii). posses:imperf. to express his purpose at the time of the purchase. criminum vim, the force of the charges. poterat:indic., the reason being Cicero's. (The whole passage is an instructive example of the freedom of a living language from its own trammels. Rules are made for language, not language for rules.)
eloquentia, gratia:even mere rhetorical skill or personal influence would be, to a criminal who had no case (causa), a respectable (honesto) means of escape compared with these attempts at corruption. profecto, I am sure. aucuparetur,be fishing for (lit. set nets for birds). ut . . . fieret,as to have some one chosen to be put on trial ; the Senate itself was insulted by the selection of one of its members to be set up as a man of straw, that Verres might get clear. The reference is to the trumped-up case with regard to abuses in Achaia (see sect. 6). hic, i.e. Verres. causam . . . diceret,stand trial.
quibus . . . rebus, from this (abl. of means with perspicio). consilio, panel, i.e. the body of jurors (cf. Rosc. Am., p. 24, I. 2). An obvious, and apparently a deserved, compliment. Whatever the general character of the courts, Cicero had in this instance secured a jury on whom he could rely. in rejectione . . . judicavit,decided at the challenging ("throwing out ") of the jury, i.e. on seeing the kind of men challenged by the two sides respectively. ut . . . constitueret . . . arbitraretur:subst. clauses of result (justified by the introductory ea) instead of the more regular acc. and inf. of ind. disc.; § 571, c (332,f); G. 557, R. and N1; cf. H. 571,4 (501, iii).
Crimes of Verres from his youth up. His quaestorships. His city-praetorship. His career in Sicily. His guilt is notorious. 4.
etenim,introducing the reason of nullam sibi rem, etc., above.
adulescentiae,i.e. before he entered public life. quaestura,quaestorship, the first grade of political honor. Carbonem:Carbo was the leader of the Marian faction after the death of Marius and Cinna. He was consul B.C. 82, the year of Sulla's return and victory. Verres was his quaestor (or paymaster), and went over to the enemy with the money-chest when he saw which side was likely to prevail. necessitudinem religionemque:the quaestor was originally nominated specially by the consul; and the peculiarly close and sacred relation (necessitudo) existing between them was known as pietas,—a sentiment akin to filial affection. The designation by lot (sors) was also held to be a token of divine will, and therefore sacred (religio). In betraying his consul, then, Verres was guilty of more than an ordinary breach of trust,—he committed an act of impiety. legatio:Verres was in B.C. 80-79 legatus and acting quaestor (pro quaestore) of Dolabella, whose province was Cilicia. The extortions of the two were practiced in the adjoining regions of Pamphylia, Pisidia, and parts of Asia (i.e. of the Roman province of Asia, the old kingdom of Pergamus, embracing the western part of Asia Minor); totius is a rhetorical exaggeration. scelus . . . quaestorium:Verres treated Dolabella much as he had treated Carbo. Neither of these infamous commanders deserved better treatment; but this does not excuse the perfidy of Verres. pro quaestore,acting quaestor:when there was a vacancy in a provincial quaestorship, the commander might appoint any person to perform the duties of the office. adduxit:Dolabella, in addition to the odium of his own crimes, had to bear the infamy of the outrageous acts of Verres; and after all Verres saved himself by turning against him (oppugnavit) and appearing as a witness in his trial for extortion.
aedium,etc. The public buildings were regularly under the charge of the aedile, not of the praetor; the cases referred to here were certain flagrant instances of corruption and extortion arising out of contracts for public buildings, in which the praetor had it exceptionally in his power to interfere for his own advantage. in jure dicundo: jus dicere (jurisdictio),declaring the law, was the primary function of the praetor. bonorum . . . addictiois the adjudging of property to a claimant; condonatio (grant) is the act of giving it up to a defendant: no matter which way the decision of Verres went in a case, his action was sure to be unlawful and for his own corrupt ends. instituta, precedents. The edicts of the praetors made up a body of common law, not absolutely binding, however, on their successors. jam vero,but finally, introducing the climax of the list of crimes. possit:for tense, see § 485, c (287, c); B. 268, 7; G. 513; H. 550 (495, vi); cf. H.-B. 478.
communia jura, the same as jus gentium, those laws common to all mankind (see note on jure gentium, Rosc. Am., p. 21, l. 3). The terms leges, senatus-consulta, jura include the three sources of provincial law. tantum,[only] so much. imprudentiam subterfugit,escaped his vigilance (lit. want of vigilance). 5. res,case; res (next line), property. ab eo, away from him, i.e. the possessor. aratorum,cultivators (whether tenants or proprietors), who paid tithes (decumae) to the state. socii: see note on p. 30, l. 31. cruciati et necati:a Roman citizen could not legally receive any punishment touching life or limb, except by judgment of his peers in Rome. Thus, Jesus was crucified by the Roman governor Pilate under the ordinary provincial law applying to Jews; while Paul, a Roman citizen of the free city Tarsus, appealed to Caesar, and was sent to Rome for trial. (See extract from Verr. v, and pp. 59-65: "Crucifixion of a Roman Citizen.") rei facti, accused (rei from reus). The details of these charges are given in the five orations of the Accusatio; it would require too much space to repeat them here. ejecti,expelled from the country. optimae, best in themselves;opportunissimae,most valuable under the circumstances.
regum: the famous kings of Syracuse,— Hiero, Agathocles, etc. imperatorum:Marcellus, who conquered Syracuse, and Scipio Africanus the elder, who had Sicily as his province and crossed over from there for the conquest of Carthage. deum, i.e. statue of a god (see pp. 55, 56). videretur:subj. of characteristic. commemorare:complem. infin. for subj. with ne or quominus; § 558, b, N. (331, e, 2); B. 295, 3 and N.; G. 548, N.2; H. 596, ii (505, ii); H.-B. 587 and a.
at enim (a supposed objection), but,you may say. quin . . . possit:§ 559 (319, d ); B. 284, 3; G.556; H 595, I (504, I); H.-B 521, I. ut . . . timendum sit:clause of result. multitudo:including a large number of Sicilians, present at Rome for the purpose of prosecuting Verres, and of course personally cognizant of his crimes.
6. Verres attempted to buy up the court in advance, but, on the selection of the present jury, lost heart (sects. 16, 17). The election of Hortensius to the consulship gave him fresh courage (sect. 17). A significant incident on election day (sects. 18-20). Cicero here returns to the subject of bribery. He has already asserted (sects. 3-10) that this had always been the sole hope of Verres; he has pointed out that Verres need not expect to corrupt the present tribunal (sect. 10), and that his guilt is so enormous and so notorious that no honest jury could fail to convict him (sects. 10-14). He now goes on to show that in endeavoring to postpone the trial Verres is, as heretofore, trying to defeat justice by corrupt means. In establishing this point, the orator reviews the several schemes of bribery, thus leading up to the matter immediately before the court and bringing out the fact that it is like the devices that had preceded it.
eloquentiam,etc.: see note on p. 31, l. 12. potentia,control of the courts: a stronger word than gratia ("personal influence") or auctoritate ("official influence") and indicating a kind of domination over the courts. simulat, proponit:notice the emphatic position of these verbs, as opposed to what Verres is reallydoing. proponit,puts forward (i.e. as his backers). inania, idle: i.e. mere names, because Verres does not really rely upon these men, but upon a scheme which Cicero details in the following sections. noti, notorious simulat:cf. note on simulat,l. 30, above.
redemptio:a contract with another party for buying up the court. mansit . . . pacto,held on to the terms of the bargain (hendiadys): until the jury was actually made up, the bargain could not be absolutely concluded; when the character of the jury was known, the contract was annulled. rejectio:after Cicero's careful challenging, the lot had fortunately given a trustworthy jury. istorum,i.e. the partisans of Verres.
praeclare,admirably well for the cause of justice. libelli,lists. color:a covert allusion to a former case, in which Hortensius had been counsel, and in which colored ballots were given to the bribed jurors in order to make sure that they voted as they had agreed (see sect. 40). sententiis:this is the word regularly used for a formal and official expression of opinion in the Senate (vote) or in a court of justice (verdict). cum, whereupon (inversion): § 546, a (325, b); B. 288, 2; G. 581; H. 600, i, I (521, ii, I); H.-B. 566, a. ex alacri, from being, etc.; cf. the Latinism in Milton, Par. Lost, ix, 563: "How cam'st thou speakable of mute?" his diebus paucis, a few days ago: the consular and other elections were held this year, as usual, toward the end of July. famae fortunis,dat. after insidiae comparantur. per eosdem homines,i.e. the same professional bribers (the redemptor, etc., referred to in sect. 16). aperto, etc., when the door to suspicion had once been opened. 7.
nam:introducing Cicero's account of the significant incident referred to above in the words pertenui argumento (l.24). reducebatur:the successful candidate was escorted home by his friends after the election. Campo: see note on p. 104, l. 7. Curio: C. Scribonius Curio, one of the leaders of the aristocratic party, was always a good friend of Cicero's. Curio, like Horten sius and Metellus, was a man of excellent reputation. His support of Verres was due to political and social ties. honoris causa: see note on Rosc. Am., p. 3, l. 28. The words in brackets are probably not genuine. tamen,i.e. in spite of Curio's open way of speaking. ratio, consideration.
videt, etc.: observe the hist. pres., marking a change to lively narrative. fornicem Fabianum,the Fabian Arch, erected B.C. 109 by Q. Fabius Maximus Allobrogicus,—one of the earliest triumphal arches in Rome. It stood at the southern end of the Forum, and served as an entrance to it. Fig. 3 (Arch of Gallienus) shows the situation of such structures with respect to streets. defertursignifies a formal announcement by some one person; narrabatmeans told, casually, as a piece of news. The use of tenses in viderat . . . narrabatis like that in the general condition in past time: § 518, b (309, c); cf. B. 302, 3; G. 594, N.I; cf. H.-B 579. criminum ratione,the nature of the charges. positam,resting on. altius, deeper.
ratiocinabantur,reasoned (the imperf. describing a state of mind, and one existing in different persons). ipse, etc.: cf. sect. 17, ll. 17-19. quod, the fact that. negotiatores,Roman citizens doing business in Sicily. omnes . . . litterae,all kinds of, etc. publicae,official, from cities of Sicily (as auctoritates,above). existimationem,opinion, i.e. their estimate of the character of Verres. unius,i.e. Hortensius. moderatione,control. vertentur, are to turn on.
sect. 25. Metellus is chosen (by lot) to preside over the Court of Extortion for the next year. Joy of Verres. His attempts to defeat by bribery Cicero's election to the aedileship revealed to Cicero. Cicero made anxious, but finally elected. 8.
quidem (concessive), it is true: this criminal may be rescued, but such a thing will not be allowed to happen again; the judicial power will be given into other hands (i.e. those of the equites); cf. de transferendis judiciis,below. nos,i.e. we Senators.
hominis amplissimi,i.e. Curio: the congratulations of so honored a man showed the expected effect of the election on this trial. nova, strange (surprising). dissimulare, to conceal the fact that, etc. sortirentur, were drawing their lots: the particular posts or duties of coordinate magistrates (like the several praetors) were assigned by lot. Metello:a brother of Q. Metellus Creticus, consul elect, and of L. Metellus, praetor in Sicily. obtigisset,had fallen to (the regular word for this kind of assignment). ut . . . quaereret, to have charge of the Court of Extortion: subst. clause of result; § 569, 2 (332, a, 2); B. 297, 2; G. 553, 3; H. 571,1 (501, i, I); H.-B. 521, 3, a. de pecuniis repetundis,of extortion (lit. concerning demanding back the [extorted] property). factam,offered.—pueros,slaves.
sane,you may be sure. ne haec quidem,etc., this incident did not please me either. neque . . . intellegebam,i.e. his confidence in the integrity of Metellus was so great that he did not even yet see through the tricks of the defence. tanto opere, so very well (with intellegebam). reperiebam: the imperf. denotes a succession of items of information. senatore, etc.: the Senator, a man of the same class as Verres, put the money to be used in the elections and trial into the hands of an eques,one of the class that had the management of all such financial operations. He retained, however, say (quasi) ten baskets, to be used directly to defeat Cicero's election as aedile. nomine, on account of. divisores, managers. The money to be used at elections was put into the hands of sequestres (election agents), who themselves made use of divisores to approach the voters personally. On this occasion, the exigency was so great that Verres (istum) summoned the divisores to his own house, without the mediation of sequestres.
omnia debere,was bound to do anything for me. proximis,the last. negasse audere, said they did not dare. fortem,stanch (ironical), in allusion to audere (l.23). Romilia, without tribu expressed,—the regular way of giving the name of a man's tribe. ex optima . . . disciplina,from the best school (ironical), i.e. that of Verres' father. HS: the defeat of Cicero would, therefore, cost nearly $25,000; See § 632-635(377-380); G. 493; H.757,2(647); H.-B.675 se unâ facturos esse, that they would act with him 9.
A lively description of the embarrassment in which Cicero was placed at the end of July by the election and the trial, both coming on together. in his ipsis,in that too (as well as the trial). agere . . . deterrebar, from doing freely what, etc., I was deterred by, etc.: § 558, b (331, e, 2); B. 295, N.; G. 423, 2, N.2; H. 596, 2 (505, ii); H.-B. 587 and a. petitioni,canvass. ratio, good policy.
denuntiatum esse,that a message was sent. This compound implies a peremptory and threatening message. primum corresponds to arcessit alter, etc., p. 38, l. 4, below. ut venirent: subj. of purpose, since denuntiatum est expresses a command; § 580, a (332, h); cf. B. 295, 1; G. 546, N.I; H. 564 (540, iii); H.-B. 502, 3, a. sane liberos,pretty independent, i.e. in refusing to come. If he had been consul, instead of merely consul elect, they would have had to come. venisse: the subj. acc. is eos, the implied antecedent of qui. ceterorum,i.e. those for consuls and praetors, which had lately been held. cursare (historical infinitive), ran hither and thither. paternos amicos:see p. 36, l. 26. appellare . . . et convenire,accosted and conferred with. cuius: the antecedent is eiusdem (l.19). de fide, i.e. his good faith to the Sicilians: probably a hint that Cicero himself had been approached with a bribe.
Cicero learns of the efforts made to have the trial postponed to the next year in order that it might be brought before Metellus. The Sicilians are threatened by one of the consuls elect (Q. Metellus Creticus) (sects. 26-28). By that time not only would there be a favorably disposed presiding judge, but most of the jury would have been changed. It seemed easy to get the trial put off, for many holidays intervened (sects. 29-31).
eo, in this course, i.e. postponing the trial. esse:indir. disc. The asterisk marks a defect in the text. praerogativam, an earnest. In the comitia centuriata, it was determined by lot which century should first cast its vote. The vote of this century, called praerogativa (praerogo), was superstitiously regarded as an omen or earnest of the result which it was likely to decide. Hence the word is here used of the effective support given to Metellus at the polls by Verres. The praerogativa which Q. Metellus gave to Verres, in return for the praerogativae of the comitia, is described in the next section.
cuiquam, for anything. alter consul designatus: Q. Caecilius Metellus Creticus (see sect. 21). The three brothers, fast friends of Verres, were so situated as to promise the greatest help the next year, when Quintus would be consul, and Marcus praetor, presiding over the court of Repetundae, while Lucius was already pro-praetor in Sicily. Some of the Sicilians, therefore, obeyed the summons of Metellus, although they had disregarded that of Hortensius (sect. 25). The object of Metellus was to induce the Sicilians to withdraw the suit, or at any rate to refrain from appearing as witnesses. quaesiturum (technical term), was to preside over the court. 10.
quid faceres:apodosis of cont. to fact construction, with protasis implied in innocente. alienissimum, no kin whatever of yours. dictitat,says incessantly (see next section). alicuidepends uponvideatur. ignoret,subj. of characteristic.
fato, ut ceteros,etc.: the Metelli seemed born to hold office. Cicero here alludes to a verse written by the poet Naevius, a hundred and fifty years before: "Fato Metelli Romae fiunt consules." populi existimationi,reputation with the people.—M'. Glabrionem:observe the skill with which this compliment to the praetor before whom Cicero is now arguing the case, and the following compliments to the judices, are put into the mouth of Verres. illud: referring to what follows. Cicero makes Verres point out the changes in the jury which must follow from changes in the government that is to come in with the new year. conlega: both Caesonius and Cicero were aediles designati. expediat: fut. apodosis with conemuras itsprotasis, but hardly to be distinguished from subj. of characteristic; cf. § 534 (319, headnote). Juniano consilio: referring to a case four years before, in which wholesale bribery had been proved, so that the presiding praetor, Junius, as well as almost the entire consilium (body of jurors), had been stamped with infamy. Caesonius, a member of the jury, had been proof against corruption, and had disclosed the whole affair (in medium protulit). hunc judicem,him as juryman. ex Kal. Jan.:after the New Year; for at that time he would be excluded from the panel by his aedileship.
P. Sulpicius: he had probably just been elected quaestor. Non. Dec. (Dec. 5): on this day the new quaestors entered on their office. L. Cassius: the family characteristic here stated was proverbial (Cassiani judices） tribuni militares:at this time legion-commanders. non judicabunt, will not serve as jurors. subsortiemur,i.e. we shall draw another to fill his place. This is the regular use of sub in similar compounds: as suffectus, subrogatus etc. prope toto: the jury, therefore, apparently consisted of about twelve or fifteen.
Nonae, etc.: it was, therefore, about 3 P.M. of the 5th of August. votivos: these games were in celebration of Pompey's victory over the Marian party in Spain (B.C. 72). The votive games would occupy from Aug. 16 to Sept. I (August had at this time only 29 days); On Sept. 4 began the Ludi Romani, continuing till the 19th. The intervening days (Sept. 2, 3) were of no account for the trial, so that it could not be resumed before Sept. 20, a suspension of 34 days (prope quadraginta). The Ludi Victoriae (established by Sulla in honor of his victory) would continue from Oct. 27 to Nov. I, and the Ludi Plebeii, from Nov. 4 to Nov. 17. All these games were sacred festivals, during which business was suspended: the time was occupied with religious observances, accompanied by races and dramatic entertainments. tum denique, not till then. Victoriae:see Fig. 4 (from the Column of Trajan). perpauci:for the month of December was full of festivals. rem integram,i.e. from the beginning. The zeal of the prosecution would have flagged, the public interest would have cooled down, and the jury would be almost wholly new. The case would therefore have to be taken up de novo. non retinuissem, i.e. I should have challenged him. Metellus was now one of the jurors.
nunc,opposed to si diffisus essem,above. eo, etc. (abl. abs.), with him as juryman. jurato,on oath. The judices were sworn; the praetor was not. Metellus might therefore be trusted to vote honestly as a juror, though he might, when praetor, connive at the corruption of the jury men. Cicero ran less risk of offending Metellus by thus accusing him of extreme partisanship than if he had accused him of perjury.
To prevent postponement, Cicero will push the trial, dispensing with the usual long opening argument. He is forced to this by the tactics of Hortensius (sects. 32, 33). Cicero will oppose the arrogance of Hortensius and offers himself as the opponent of any who shall hereafter attempt to bribe the courts. The illegal domination of Hortensius is dangerous to justice. It must be met by proofs of judicial corruption, which are abundant (sects. 34-39). The acquittal of Verres will be subversive of the whole judicial system (sects. 40-42). The jurors are urged to vindicate the courts (sects 43, 45). All Rome is on the watch, and bribery is sure to be detected. Not Verres, but the senatorial courts are on trial (sects. 46-50).
11. The skill of the argument in sects. 32-50 is remarkable. Cicero contrives, without directly asserting that Hortensius is guilty of judicial corruption, to suggest that he is in a measure responsible for its prevalence. He declares his intention of devoting his aedileship to exposing such practices, and adds that he expects to be opposed by Hortensius. He calls attention to several notorious cases of bribery which he means to use as illustrations in pressing his reforms. Then, in a moment, he makes it clear, by a sudden turn, that he has not been digressing, but simply accumulating force for his main point: "How shall I feel," he asks suddenly (sect. 40), "if I find this present case of Verres added to the long list of instances of corruption? His guilt is clear: it is the court that is on trial!" In this way what appears at the outset to be a personal attack on the opposing counsel is made a most effective means for the introduction of the central point of the whole oration.legitimo tempore: he had a right to use twenty days for developing the points of the prosecution. capiam,i.e. by showing, in a long speech, how carefully he had prepared his case. ne elabatur, withpericulum est,which takes the constr. of a verb of fearing. possit:see § 535, a (320, a); B. 283, 2; G. 631, 2; H. 591 (503, i); H.-B 521, I.
perpetua oratione, a continuous argument, before bringing up the witnesses. This is what we possess in the five speeches of the Accusatio, which, in the usual order of proceeding, would have been delivered before bringing up the witnesses, but which were in fact never spoken at all (see Introd. to the oration, page 28). percipi,reaped: the regular term for gathering crops. potuit, might have been: § 517, c (308, c); B. 304, 3, a; G. 597, R.3; H. 583 (511, 1, N.3); H.-B. 582, 3,a. publicis:see note on p. 35, l. 23. tabulis,records. auctoritatibus, documents. res omnis:here, after stating his plan briefly, Cicero goes off into a seeming digression against Hortensius. In this he shows clearly one of his principal motives in undertaking the prosecution, namely, to overthrow the latter's excessive control of the courts. The attack is skillfully introduced. His sole reason, he says, for departing from the ordinary course of procedure is that Hortensius does not wish to meet him in fair legal fight. The sally against Hortensius, again, serves as a transition to Cicero's final appeal to the sense of shame and the prudence of the court. diluendis, explicandis:technical terms in argument (see Vocab.). ex tua nature:Hortensius, like M. Metullus, was personally an amiable and honorable man, though pledged to a bad cause. rationi,scheme, course, looking to the method; consilio,plan of action, looking to the end. Cicero contrasts them more than once.
binos ludos,i.e. Pompey's and the Roman games. comperendinem,close my case (lit. adjourn over). After the testimony was all in, it was customary to adjourn over to the next day but one (comperendinare), in order to give opportunity for a rehearing (usually a brief one). When this stage had been reached, there was no chance for further postponement. Cicero's determination to bring about a comperendinatio before Pompey's games—i.e. within ten days settled the case in his favor; for, as has been shown, the only hope of the defence lay in putting off the trial, Hortensius having absolutely nothing to say in behalf of his client's innocence. necessarium, unavoidable (not a mere shrewd trick like that of Hortensius). 12. id: refers forward to eos velle, etc. (l. 24). amplum et praeclarum,an honor and distinction (translating as nouns). innocentiae (an almost technical term), purity of administration in Sicily (see Introd. to the oration). majus quiddam: what this was is explained in sect. 35.
illud: refers to istum . . . vocari (l. 29). potentia,domineering(i.e. his illegal control of the courts); cupiditas (in a bad sense), unscrupulous eagerness (for gaining your case). interponeretur:for fut. ind. of the dir. disc. nunc:opposed to the time of videbatur. regnum judiciorum,lording it over the courts. homines,i.e. the corrupt senatorial jurors. inruere, etc., to be bent on making themselves hateful and offensive. —hoc, i.e. to break down Hortensius's control, and the corruption of a few Senators. nervos aetatis:Cicero was now 36.
ordo, i.e. the Senate. paucorum, artfully put so as not to offend the whole body. loco: the Rostra (see Vocab., under rostrum). secum agere:the technical expression for transacting business in the comitia was agere cum populo (or plebe). Cicero refers to the office of curule aedile, upon which he was to enter January 1. One of the most important functions of this magistrate was the administration of criminal justice (de hominibus improbis) in cases where there had been an appeal from the sentence of a court to the judgment of the public assembly. munus,service. The word also means the public games, which were given to the people by the aediles especially; hence there is a kind of pun here. moneo, etc.: observe the climax. deponere, deposit with the sequestres (see note on p. 36, l. 15). accipere, take (money); recipere,undertake to do anything (upon request or the like). polliceri, offer. interpretes,go-betweens: the divisores are probably meant. potentiam: it is hardly accidental that this is the same word used above (sect. 35, l. 31) of the influence of Hortensius. In the next section Cicero expressly asserts that he expects to meet with all possible opposition from the latter. 13.
erit,will be (it is true): notice theemphatic position, opposing it to the clause withtamen (l. 24). imperio et potestate,military and civil power. Of the regular magistrates, all possessed potestas, i.e. power in general (including military power); but only consuls and praetors possessed the imperium,—i.e. sovereign power, as of a general in the field, somewhat limited, however, in the city by special privileges of Roman citizens. commemorabuntur,shall be mentioned (by me). certis rebus,well-ascertained facts. agentur,made ground of action. inter decem annos,i.e since Sulla's lex judiciaria, transferring the courts to the senatorial order (see note on Rosc. Am., p. 2, l. 1).
quinquaginta,i.e. from the law of Caius Gracchus, B.C. 123, to that of Sulla, B.C. 80. ne tenuissima quidem suspicio:one of the exaggerations of the advocate. If the courts were really worse in B.C. 70 than they had been in 90, it was simply because the times were worse. sublata,taken away. populi Romani,etc., i.e. the ability of the people to hold in check the senatorial order by means of the tribunician power suspended by Sulla (see note on p. 43, l. 32). Q. Calidius:praetor B.C. 79; condemned for extortion in Spain. It seems that Calidius, being condemned de repetundis, with bitter irony assailed the bribed jurors on account of the smallness of the bribe for which he was condemned, saying that it was not respectable (honestum) to condemn an ex-praetor for so small a sum. The allusion shows that the corruption was notorious and universal. HS triciens:3,000,000 sestertii = $150,000 (nearly); § 634 (379); G. p. 493; H. 757 (647, iv, I); H.-B. 675, 2. praetorium:an ex-magistrate kept the rank of the highest office he had held,—as consularis, praetorius, aedilicius. P. Septimio (Scaevola), condemned B.C. 72; the damages were increased because of his connection with the odious consilium Junianum (sect. 29). The amount extorted was estimated in a separate process (litis aestimatio), and in this case the money taken in bribery was included in the reckoning.
inventi sintrepresents an hist. perf., and hence takes the secondary sequence (exirent): see § 485, j (287, i); cf. B. 268, 7, b; G. 517, R.l; H.-B. 479, a. sortiente:the jurymen were drawn by lot by the presiding officer; in the case mentioned there was collusion between Verres and the persons drawn, so that the lot was a mere form. qui . . . exirent (purp. clause), to be drawn for [the case of] a defendant to condemn him without a hearing (through a corrupt bargain between Verres and the packed jury).
jam vero, and finally (introducing the climax of all). illam, i.e. the one described in the passage hoc factum esse, etc. discoloribus signis:see note on color,p. 34, l. 16. The case referred to was one in which Hortensius was counsel. acturum esse,will attend to (i.e. officially, as aedile: cf. the use ofagere,above).
In this chapter Cicero reaches the climax of his accusations and insinuations against Hortensius, and at the same time makes a clever transition to the case in hand (l.28), having worked up to his main point, which he proceeds to state with great force,—that it is not Verres that is on trial, but the court itself. 14.
hominem, i.e. Hortensius. cujus: obj. gen. secum . . . agi,he was doing very well (see Vocab., under ago). in rem suam,into his own pocket. patronis:see note, Rosc. Am., sect. 4, p. 3, l. 17.
quod,at which (with commoveri,l.6): cf. § 390, c (238, b); B. 176, 2; G. 333, 1; H. 416, 2 (378, 2); H.-B. 396, 2. apud Glabrionem,i.e in the preliminary proceedings. reiciundis judicibus (local. abl.), at the time of challenging (making up the jury). fore uti, that the result would be. tolleretur,should be abolished (purp. clause with legatos mitterent,which is equivalent to a verb of requesting). victoriae,i.e. in the courts. They could endure it if a man stole only enough to satisfy his own avarice (sibi ac liberis suis), but they cannot afford to be robbed of enough besides to secure him an acquittal by bribery, if guilty (nocentissimi victoriae). Cf. the similar argument in Burke's Opening Speech on the Impeachment of Warren Hastings: "If, from any appearance of chicane in the court, justice should fail, all men will say, 'Better there were no courts at all.'"
animo: abl. of means. majore . . . odio: abl. of quality.
Sudden and powerful appeal to the jurors to save the senatorial courts from present infamy and threatened destruction. 15.
loco, point (raised in his argument). contemnimur: Cicero uses the first person to include himself as a member of the Senate.
tribuniciam potestatem: referring chiefly to the power of the tribunes to try criminal cases before the comitia tributa; this power, greatly abridged by Sulla, had been restored by a law of Pompey early in this year, B.C. 70. verbo, in name. re vera, in fact. illam,the tribunician power (because this was a check on the power of the Senators). Catulum: Q. Lutatius Catulus was the best and most eminent man of the aristocracy. fugit, has escaped. referente,consulting [the Senate]: the technical expression for bringing a matter before the Senate for action. rogatus: each Senator in turn was asked his opinion (sententiam)by the consul or other presiding officer; cf. hos sententiam rogo,Cat. 1, sect. 9. patres conscriptos: see note on Cat. 1, sect. 9, p. 103, l. 6. fuisse desideraturos (the regular way of expressing the contrary to fact apodosis in indir. disc.), would have missed: § 589, b, 2 (337, b, 2); 321, A, 2; G. 656, N.2; H. 647 (527, iii); H.-B. 581, b, 1.
contionem habuit,made a speech: contio means, strictly, an assembly called for the purpose of listening to discussion merely (so in l.12, below). ad urbem,i.e. in the Campus Martius, not in the city. Pompey was elected in his absence, and while still clothed with the military imperium: he could not therefore enter the city to meet the citizens, but called them to him outside the walls. ubi, in which. in eo, at that point (properly on that point). suam by its emphatic position gives the force of the English what THEY desired. 16.
religione, regard for oath. tribuniciam,i.e., the law referred to in the note on sect. 44. unum,one, it is true; but since he was a man of no means at all (vel tenuissimum,)his conviction was no proof of the integrity of the courts. The present trial will afford the people the criterion they wish.
nihil sit,etc., i.e. this is simply a case of guilt and money; there are no political or other disturbing influences. To acquit him, then, will be to admit that you are bribed. gratia,personal popularity.
agam, conduct. res, facts. manifestas: a technical word denoting direct proof, not circumstantial evidence. a vobis . . . contendere, urge upon you. eorum,i.e. of the defence.
vos: opposed to former juries, which have occasioned the scandal. huic ordini:cat. of agent; § 375 (232, a); B. 189, 2; G. 354 H 431 (388, 1); H.-B. 373, 2. post haec,etc., i.e. since the reorganization of the courts by Sulla (see note on Rosc. Am., sect. 1). utimur, have. splendore, personal distinction, from wealth and exploits. dignitate, dignity, from rank and office. si . . . offensum,if there is any slip (a euphemism). 17.
opto, pray. Observe the adroit union of compliment and threat in this passage, which at the same time forms the transition to the appeal to the praetor presiding.
Appeal to Glabrio, the presiding praetor, to prevent bribery.
is: referring to the Senate. judicio: abl. of means. qui sis, what sort of man you are. reddere,pay back. fac . . . veniat: § 565 (33I, f, R.); cf. B. 295, 8; G. 553, I (end); H. 565, 4 (499, 2); H.-B. 502, 3, footnote 2 legis Aciliae:this (probably B.C. 101) provided that there should be neither ampliatio (further hearing) nor comperendinatio (see note on sect. 34, p. 40, l. 18) in cases of repetundae. All earlier laws were superseded by the Cornelian law of Sulla.
Summae auctoritates, strongest influences, especially family traditions, etc. To the Roman mind an auctor, in this sense, was a pattern for imitation. quae . . . non sinant: best regarded as a purpose clause; cf. § 531. 2, N. (317, N.). ut ne quis, etc.: § 537,a, N. (319, a, N.); G. 545,R.1; H.(499,1); cf. H.-B. 502, 3, a, footnote 2. nocenti reo,etc., for the accused, if guilty, his great wealth has had more weight to increase (lit. towards） the suspicion of guilt than (to secure) a means of safety.
Cicero states his plan for preventing delay. He will introduce his witnesses at once, without preliminary argument. Brief statement of the charges against Verres. End. 18.
mihi certum est, for my part (emph.) am resolved. non committere,not to allow (in the weak sense of letting it occur by mistake or fault). ut . . . mutetur, to be changed; § 568, N I (332, e); G. 553, I; cf. H. 566, I (498, ii, N.2). nobis (eth. dat.), our. servi,etc.: Hortensius and Metellus (sects. 25, 27), while consuls elect, had sent for the Sicilians, but of course without any authority to enforce their coming. Cicero suggests that, if the case is put off till the next year, the summons may be repeated, this time by means of lictors. Each consul was attended by twelve of these officers, who had the power of arresting and coercing (see Manil. Law, note on sect. 32, p. 81, l. 15). novo exemplo,in an unheard-of manner. ius suum,their [lost] rights. eorum:this word suggests in a skillfully vague way that Verres, the Metelli, and Hortensius are all in the same conspiracy, as it were, to rob the Sicilians, Verres having used his imperium to carry out the actual robbery, the others using theirs to protect him by intimidating the victims.
nobis responderi,i.e. the argument for the defence to be made. adducta sit:§ 593 (342); B. 324, 1; G. 663, 1; H. 652 (529, ii); H-B. 539; if this were not dependent on responderi,it would be fut. perf. ind. comitiorum, ludorum:the trial came just between the elections and Pompey's votive games (sect. 31). censendi causâ,on account of the census-taking (registration). At this time censors were in office, for the first time since Sulla's domination: they were holding a registration of property and voters, at which citizens from all parts of Italy were obliged to report. The importance of proceeding with the trial while Rome was thus filled with citizens and provincials is obvious. vestrum, nostram (mine), andomnium (next page) are predicate after esse (p. 47, l. 2). quid agatur (inc. quest.) depends on the verbal noun scientiam,as the next clause does on memoriam. omnium, i.e. not the inhabitants of Rome alone.
principes: the two distinguished brothers, L. and M. Lucullus. ita testis constituam, etc.: this is the criminum ratio (sect. 19, l.14). Cicero's plan appears to be so to arrange his witnesses that their examination shall make the usual long introductory accusatio unnecessary. He will, he says, produce his witnesses in such an order and with such introduction in each case as to bring out the crimen totum in the course of these proceedings. When he has explained what he expects to prove in a given instance, he will immediately bring forward the appropriate witnesses, and so on till the whole case is in. crimen totum, the impeachment as a whole. crimen (below),the special charge of extortion (stated formally in the next section), the only charge for which Verres was really on trial. dantur, are offered. in singulas res, to each point. illis,the counsel for the defence. altera actione,i.e. after the comperendinatio: in this sense the speeches of the accusatio are correctly called Actio Secunda (see note above). haec (referring forward to sect. 56), etc., this is all the Accusatio there will be in the first Action.
quadringentiens[centena milia] sestertium, 40,000,000 sestertii, = $2,000,000 (nearly): § 634 (379); G. p. 493; H. 757 (647, iv, 1); H-B 675, 2. habuissemus:cont. to fact protasis regularly retained, without change of mood or tense, in indir. disc.; § 589, b (337, b); B. 321, B; G. 659; H. 647 (527, iii); H.-B. 581, b, N.; the apodosis isopus fuissefor opus fuit, there would have been no need: § 517, c (308, c); B. 304, 3, a; G. 597, R.3 a; H. 525,1 (476, 4); H.-B. 582, 3, a. Dixi, I have done: a common formal ending.
