Roman life in the days of Cicero

by Alfred John Church

If Segesta had its Diana, Tyndaris had its Mercury; and this also Verres was resolved to add to his collection. He issued his orders to Sopater, chief magistrate of the place, that the statue was to betaken to Messana. (Messana being conveniently near to Italy was the place in which he stored his plunder.) Sopater refusing was threatened with the heaviest penalties if it was not done without delay, and judged it best to bring the matter before the local senate. The proposition was received with shouts of disapproval. Verres paid a second visit to the town and at once inquired what had been done about the statue. He was told that it was impossible. The senate had decreed the penalty of death against any one that touched it. Apart from that, it would be an act of the grossest impiety. "Impiety?" he burst out upon the unlucky magistrates; "penalty of death! senate! what senate? As for you, Sopater, you shall not escape. Give me up the statue or you shall be flogged to death." Sopater again referred the matter to his townsmen and implored them with tears to give way. The meeting separated in great tumult without giving him any answer. Summoned again to the governor's presence, he repeated that nothing could be done. But Verres had still resources in store. He ordered the lictors to strip the man, the chief magistrate, be it remembered, of an important town, and to set him, naked as he was, astride on one of the equestrian statues that adorned the market-place. It was winter; the weather was bitterly cold, with heavy rain. The pain caused by the naked limbs being thus brought into close contact with the bronze of the statue was intense. So frightful was his suffering that his fellow-townsmen could not bear to see it. They turned with loud cries upon the senate and compelled them to vote that the coveted statue should be given up to the governor. So Verres got his Mercury.

We have a curious picture of the man as he made his progresses from town to town in his search for treasures of art. "As soon as it was spring—and he knew that it was spring not from the rising of any constellation or the blowing of any wind, but simply because he saw the roses—then indeed he bestirred himself. So enduring, so untiring was he that no one ever saw him upon horseback. No—he was carried in a litter with eight bearers. His cushion was of the finest linen of Malta, and it was stuffed with roses. There was one wreath of roses upon his head, and another round his neck, made of the finest thread, of the smallest mesh, and this, too, was full of roses. He was carried in this litter straight to his chamber; and there he gave his audiences."

When spring had passed into summer even such exertions were too much for him. He could not even endure to remain in his official residence, the old palace of the kings of Syracuse. A number of tents were pitched for him at the entrance of the harbor to catch the cool breezes from the sea. There he spent his days and nights, surrounded by troops of the vilest companions, and let the province take care of itself.

Such a governor was not likely to keep his province free from the pirates who, issuing from their fastnesses on the Cilician coast and elsewhere, kept the seaboard cities of the Mediterranean in constant terror. One success, and one only, he seems to have gained over them. His fleet was lucky enough to come upon a pirate ship, which was so overladen with spoil that it could neither escape nor defend itself. News was at once carried to Verres, who roused himself from his feasting to issue strict orders that no one was to meddle with the prize. It was towed into Syracuse, and he hastened to examine his booty. The general feeling was one of delight that a crew of merciless villains had been captured and were about to pay the penalty of their crimes. Verres had far more practical views. Justice might deal as she pleased with the old and useless; the young and able bodied, and all who happened to be handicraftsmen, were too valuable to be given up. His secretaries, his retinue, his son had their share of the prize; six, who happened to be singers, were sent as a present to a friend at Rome. As to the pirate captain himself, no one knew what had become of him. It was a favorite amusement in Sicily to watch the sufferings of a pirate, if the government had had the luck but to catch one, while he was being slowly tortured to death. The people of Syracuse, to whom the pirate captain was only too well known, watched eagerly for the day when he was to be brought out to suffer. They kept an account of those who were brought out to execution, and reckoned them against the number of the crew, which it had been easy to conjecture from the size of the ship. Verres had to correct the deficiency as best he could. He had the audacity to fill the places of the prisoners whom he had sold or given away with Roman citizens, whom on various false pretenses he had thrown into prison. The pirate captain himself was suffered to escape on the payment, it was believed, of a very large sum of money.

But Verres had not yet done with the pirates. It was necessary that some show, at least, of coping with them should be made. There was a fleet, and the fleet must put to sea. A citizen of Syracuse, who had no sort of qualification for the task, but whom Verres was anxious to get out of the way, was appointed to the command. The governor paid it the unwonted attention of coming out of his tent to see it pass. His very dress, as he stood upon the shore, was a scandal to all beholders. His sandals, his purple cloak, his tunic, or under-garment, reaching to his ankles, were thought wholly unsuitable to the dignity of a Roman magistrate. The fleet, as might be expected, was scandalously ill equipped. Its men for the most part existed, as the phrase is, only "on paper." There was the proper complement of names, but of names only. The praetor drew from the treasury the pay for these imaginary soldiers and marines, and diverted it into his own pocket. And the ships were as ill provisioned as they were ill manned. After they had been something less than five days at sea they put into the harbor of Pachynus. The crews were driven to satisfy their hunger on the roots of the dwarf palm, which grew, and indeed still grows, in abundance on that spot. Cleomenes meanwhile was following the example of his patron. He had his tent pitched on the shore, and sat in it drinking from morning to night. While he was thus employed tidings were brought that the pirate fleet was approaching. He was ill prepared for an engagement. His hope had been to complete the manning of his ships from the garrison of the fort. But Verres had dealt with the fort as he had dealt with the fleet. The soldiers were as imaginary as the sailors. Still a man of courage would have fought. His own ship was fairly well manned, and was of a commanding size, quite able to overpower the light vessels of the pirates; and such a crew as there was was eager to fight. But Cleomenes was as cowardly as he was incompetent. He ordered the mast of his ship to be hoisted, the sails to be set, and the cable cut, and made off with all speed. The rest of his fleet could do nothing but follow his example. The pirates gave chase, and captured two of the ships as they fled. Cleomenes reached the port of Helorus, stranded his ship, and left it to its fate. His colleagues did the same. The pirate chief found them thus deserted and burned them. He had then the audacity to sail into the inner harbor of Syracuse, a place into which, we are told, only one hostile fleet, the ill-fated Athenian expedition, three centuries and a half before, had ever penetrated. The rage of the inhabitants at this spectacle exceeded all bounds, and Verres felt that a victim must be sacrificed. He was, of course, himself the chief culprit. Next in guilt to him was Cleomenes. But Cleomenes was spared for the same scandalous reason which had caused his appointment to the command. The other captains, who might indeed have shown more courage, but who were comparatively blameless, were ordered to execution. It seemed all the more necessary to remove them because they could have given inconvenient testimony as to the inefficient condition of the ships.

The cruelty of Verres was indeed as conspicuous as his avarice. Of this, as of his other vices, it would not suit the purpose of this book to speak in detail. One conspicuous example will suffice. A certain Gavius had given offense, how we know not, and had been confined in the disused stone quarries which served for the public prison of Syracuse. From these he contrived to escape, and made his way to Messana. Unluckily for himself, he did not know that Messana was the one place in Sicily where it would not be safe to speak against the governor. Just as he was about to embark for Italy he was heard to complain of the treatment which he had received, and was arrested and brought before the chief magistrate of the town. Verres happened to come to the town the same day, and heard what had happened. He ordered the man to be stripped and flogged in the market-place. Gavius pleaded that he was a Roman citizen and offered proof of his claim. Verres refused to listen, and enraged by the repetition of the plea, actually ordered the man to be crucified. "And set up," he said to his lictors, "set up the cross by the straits. He is a Roman citizen, he says, and he will at least be able to have a view of his native country." We know from the history of St. Paul what a genuine privilege and protection this citizenship was. And Cicero exactly expresses the feeling on the subject in his famous words. "It is a crime to put a Roman citizen in irons; it is positive wickedness to inflict stripes upon him; it is close upon parricide to put him to death; as to crucifying him there is no word for it." And on this crowning act of audacity Verres had the recklessness to venture.

After holding office for three years Verres came back to Rome. The people of Messana, his only friends in the islands, had built a merchantman for him, and he loaded it with his spoils. He came back with a light heart. He knew indeed that the Sicilians would impeach him. His wrong-doings had been too gross, too insolent, for him to escape altogether. But he was confident that he had the means in his hands for securing an acquittal. The men that were to judge him were men of his own order. The senators still retained the privilege which Sulla had given them. They, and they alone, furnished the juries before whom such causes were tried. Of these senators not a few had a fellow-feeling for a provincial governor accused of extortion and wrong. Some had plundered provinces in the past; others hoped to do so in the future. Many insignificant men who could not hope to obtain such promotion were notoriously open to bribes. And some who would have scorned to receive money, or were too wealthy to be influenced by it, were not insensible to the charms of other gifts—to a fine statue or a splendid picture judiciously bestowed. A few, even more scrupulous, who would not accept such presents for their own halls or gardens, were glad to have such splendid ornaments for the games which they exhibited to the people. Verres came back amply provided with these means of securing his safety. He openly avowed—for indeed he was as frank as he was unscrupulous—that he had trebled his extortions in order that, after leaving a sufficiency for himself, he might have wherewith to win the favor of his judges. It soon became evident to him that he would need these and all other help, if he was to escape. The Sicilians engaged Cicero to plead their cause. He had been quaestor in a division of the province for a year six years before, and had won golden opinions by his moderation and integrity. And Cicero was a power in the courts of the law, all the greater because he had never yet prosecuted, but had kept himself to what was held the more honorable task of defending persons accused.[2] Verres secured Hortensius. He too was a great orator; Cicero had chosen him as the model which he would imitate, and speaks of him as having been a splendid and energetic speaker, full of life both in diction and action. At that time, perhaps, his reputation stood higher than that of Cicero himself. It was something to have retained so powerful an advocate; it would be still more if it could be contrived that the prosecutor should be a less formidable person. And there was a chance of contriving this. A certain Caecilius was induced to come forward, and claim for himself, against Cicero, the duty of prosecuting the late governor of Sicily. He too had been a quaestor in the province, and he had quarreled, or he pretended that he had quarreled, with Verres. The first thing there had to be argued before the court, which, like our own, consisted of a presiding judge and a jury, was the question, who was to prosecute, Cicero or Caecilius, or the two together. Cicero made a great speech, in which he established his own claim. He was the choice of the provincials; the honesty of his rival was doubtful, while it was quite certain that he was incompetent. The court decided in his favor, and he was allowed one hundred and ten days to collect evidence. Verres had another device in store. This time a member of the Senate came forward and claimed to prosecute Verres for misdoings in the province of Achaia in Greece. He wanted one hundred and eight days only for collecting evidence. If this claim should be allowed, the second prosecution would be taken first; of course it was not intended to be serious, and would end in an acquittal. Meanwhile all the available time would have been spent, and the Sicilian affair would have to be postponed till the next year. It was on postponement indeed that Verres rested his hopes. In July Hortensius was elected consul for the following year, and if the trial could only be put off till he had entered upon office, nothing was to be feared. Verres was openly congratulated in the streets of Rome on his good fortune. "I have good news for you," cried a friend; "the election has taken place and you are acquitted." Another friend had been chosen praetor, and would be the new presiding judge. Consul and praetor between them would have the appointment of the new jurors, and would take care that they should be such as the accused desired. At the same time the new governor of Sicily would be also a friend, and he would throw judicious obstacles in the way of the attendance of witnesses. The sham prosecution came to nothing. The prosecutor never left Italy. Cicero, on the other hand, employed the greatest diligence. Accompanied by his cousin Lucius he visited all the chief cities of Sicily, and collected from them an enormous mass of evidence. In this work he only spent fifty out of the hundred and ten days allotted to him, and was ready to begin long before he was expected.

[Footnote 2: So Horace compliments a friend on being "the illustrious safeguard of the sad accused.">[

Verres had still one hope left; and this, strangely enough, sprang out of the very number and enormity of his crimes. The mass of evidence was so great that the trial might be expected to last for a long time. If it could only be protracted into the next year, when his friends would be in office, he might still hope to escape. And indeed there was but little time left. The trial began on the fifth of August. In the middle of the month Pompey was to exhibit some games. Then would come the games called "The Games of Rome," and after this others again, filling up much of the three months of September, October, and November. Cicero anticipated this difficulty. He made a short speech (it could not have lasted more than two hours in delivering), in which he stated the case in outline. He made a strong appeal to the jury. They were themselves on their trial. The eyes of all the world were on them. If they did not do justice on so notorious a criminal they would never be trusted any more. It would be seen that the senators were not fit to administer the law. The law itself was on its trial. The provincials openly declared that if Verres was acquitted, the law under which their governors were liable to be accused had better be repealed. If no fear of a prosecution were hanging over them, they would be content with as much plunder as would satisfy their own wants. They would not need to extort as much more wherewith to bribe their judges. Then he called his witnesses. A marvelous array they were. "From the foot of Mount Taurus, from the shores of the Black Sea, from many cities of the Grecian mainland, from many islands of the Aegean, from every city and market-town of Sicily, deputations thronged to Rome. In the porticoes, and on the steps of the temples, in the area of the Forum, in the colonnade that surrounded it, on the housetops and on the overlooking declivities, were stationed dense and eager crowds of impoverished heirs and their guardians, bankrupt tax-farmers and corn merchants, fathers bewailing their children carried off to the praetor's harem, children mourning for their parents dead in the praetor's dungeons, Greek nobles whose descent was traced to Cecrops or Eurysthenes, or to the great Ionian and Minyan houses, and Phoenicians, whose ancestors had been priests of the Tyrian Melcarth, or claimed kindred with the Zidonian Jah."[3] Nine days were spent in hearing this mass of evidence. Hortensius was utterly overpowered by it. He had no opportunity for displaying his eloquence, or making a pathetic appeal for a noble oppressed by the hatred of the democracy. After a few feeble attempts at cross-examination, he practically abandoned the case. The defendant himself perceived that his position was hopeless. Before the nine days, with their terrible impeachment, had come to an end he fled from Rome.

[Footnote 3: Article in "Dictionary of Classical Biography and
Mythology," by William Bodham Donne.]