The Life of Cicero, Volume One

by Anthony Trollope

Verres retired from the trial, pleading guilty, after hearing the evidence. Of the witnesses and of the manner in which they told the story, we have no account. The second speech which we have—the Divinatio, or speech against Cæcilius, having been the first—is called the Actio Prima contra Verrem—"the first process against Verres." This is almost entirely confined to an exhortation to the judges. Cicero had made up his mind to make no speech about Verres till after the trial should be over. There would not be the requisite time. The evidence he must bring forward. And he would so appall these corrupt judges that they should not dare to acquit the accused. This Actio Prima contains the words in which he did appall the judges. As we read them, we pity the judges. There were fourteen, whose names we know. That there may have been many more is probable. There was the Prætor Urbanus of the day, Glabrio. With him were Metellus, one of the Prætors for the next year, and Cæsonius, who, with Cicero himself, was Ædile designate. There were three Tribunes of the people and two military Tribunes. There was a Servilius, a Catulus, a Marcellus. Whom among these he suspected we can hardly say. Certainly he suspected Metellus. To Servilius[110] he paid an ornate compliment in one of the written orations published after the trial was over, from whence we may suppose that he was well inclined toward him. Of Glabrio he spoke well. The body, as a body, was of such a nature that he found it necessary to appall them. It is thus that he begins: "Not by human wisdom, O ye judges, but by chance, and by the aid, as it were, of the gods themselves, an event has come to pass by which the hatred now felt for your order, and the infamy attached to the judgment seat, may be appeased; for an opinion has gone abroad, disgraceful to the Republic, full of danger to yourselves—which is in the mouths of all men not only here in Rome but through all nations—that by these courts as they are now constituted, a man, if he be only rich enough, will never be condemned, though he be ever so guilty." What an exordium with which to begin a forensic pleading before a bench of judges composed of Prætors, Ædiles, and coming Consuls! And this at a time, too, when men's minds were still full of Sulla's power; when some were thinking that they too might be Sullas; while the idea was still strong that a few nobles ought to rule the Roman Empire for their own advantage and their own luxury! What words to address to a Metellus, a Catulus, and a Marcellus! I have brought before you such a wretch, he goes on to say, that by a just judgment upon him you can recover your favor with the people of Rome, and your credit with other nations. "This is a trial in which you, indeed, will have to judge this man who is accused, but in which also the Roman people will have to judge you. By what is done to him will be determined whether a man who is guilty, and at the same time rich, can possibly be condemned in Rome.[111]If the matter goes amiss here, all men will declare, not that better men should be selected out of your order, which would be impossible, but that another order of citizens must be named from which to select the judges."[112] This short speech was made. The witnesses were examined during nine days; then Hortensius, with hardly a struggle at a reply, gave way, and Verres stood condemned by his own verdict.

When the trial was over, and Verres had consented to go into exile, and to pay whatever fine was demanded, the "perpetua oratio" which Cicero thought good to make on the matter was published to the world. It is written as though it was to have been spoken, with counterfeit tricks of oratory—with some tricks so well done in the first part of it as to have made one think that, when these special words were prepared, he must have intended to speak them. It has been agreed, however, that such was not the case. It consists of a narration of the villainies of Verres, and is divided into what have been called five different speeches, to which the following appellations are given: De Prætura Urbana, in which we are told what Verres did when he was city Prætor, and very many things also which he did before he came to that office, De Jurisdictione Siciliensi, in which is described his conduct as a Roman magistrate on the island; De Re Frumentaria, setting forth the abomination of his exactions in regard to the corn tax; De Signis, detailing the robberies he perpetuated in regard to statues and other ornaments; and De Suppliciis, giving an account of the murders he committed and the tortures he inflicted. A question is sometimes mooted in conversation whether or no the general happiness of the world has been improved by increasing civilization When the reader finds from these stories, as told by a leading Roman of the day, how men were treated under the Roman oligarchy—not only Greek allies but Romans also—I think he will be inclined to answer the question in favour of civilization.

I can only give a few of the many little histories which have been preserved for us in this Actio Secunda; but perhaps these few may suffice to show how a great Roman officer could demean himself in his government. Of the doings of Verres before he went to Sicily I will select two. It became his duty on one occasion—a job which he seems to have sought for purpose of rapine—to go to Lampsacus, a town in Asia, as lieutenant, or legate, for Dolabella, who then had command in Asia. Lampsacus was on the Hellespont, an allied town of specially good repute. Here he is put up as a guest, with all the honors of a Roman officer, at the house of a citizen named Janitor. But he heard that another citizen, one Philodamus, had a beautiful daughter—an article with which we must suppose that Janitor was not equally well supplied. Verres, determined to get at the lady, orders that his creature Rubrius shall be quartered at the house of Philodamus. Philodamus, who from his rank was entitled to be burdened only with the presence of leading Romans, grumbles at this; but, having grumbled, consents, and having consented, does the best to make his house comfortable. He gives a great supper, at which the Romans eat and drink, and purposely create a tumult. Verres, we understand, was not there. The intention is that the girl shall be carried away and brought to him. In the middle of their cups the father is desired to produce his daughter; but this he refuses to do. Rubrius then orders the doors to be closed, and proceeds to ransack the house. Philodamus, who will not stand this, fetches his son, and calls his fellow-citizens around him. Rubrius succeeds in pouring boiling water over his host, but in the row the Romans get the worst of it. At last one of Verres's lictors—absolutely a Roman lictor—is killed, and the woman is not carried off. The man at least bore the outward signs of a lictor, but, according to Cicero, was in the pay of Verres as his pimp.

So far Verres fails; and the reader, rejoicing at the courage of the father who could protect his own house even against Romans, begins to feel some surprise that this case should have been selected. So far the lieutenant had not done the mischief he had intended, but he soon avenges his failure. He induces Dolabella, his chief, to have Philodamus and his son carried off to Laodicea, and there tried before Nero, the then Proconsul, for killing the sham lictor. They are tried at Laodicea before Nero, Verres himself sitting as one of the judges, and are condemned. Then in the market place of the town, in the presence of each other, the father and son are beheaded—a thing, as Cicero says, very sad for all Asia to behold. All this had been done some years ago; and, nevertheless, Verres had been chosen Prætor, and sent to Sicily to govern the Sicilians.

When Verres was Prætor at Rome—the year before he was sent to Sicily—it became his duty, or rather privilege, as he found it, to see that a certain temple of Castor in the city was given up in proper condition by the executors of a defunct citizen who had taken a contract for keeping it in repair. This man, whose name had been Junius, left a son, who was a Junius also under age, with a large fortune in charge of various trustees, tutors, as they were called, whose duty it was to protect the heir's interests. Verres, knowing of old that no property was so easily preyed on as that of a minor, sees at once that something may be done with the temple of Castor. The heir took oath, and to the extent of his property he was bound to keep the edifice in good repair. But Verres, when he made an inspection, finds everything to be in more than usually good order. There is not a scratch on the roof of which he can make use. Nothing has been allowed to go astray. Then "one of his dogs"—for he had boasted to his friend Ligur that he always went about with dogs to search out his game for him—suggested that some of the columns were out of the perpendicular. Verres does not know what this means; but the dog explains. All columns are, in fact, by strict measurement, more or less out of the perpendicular, as we are told that all eyes squint a little, though we do not see that they squint. But as columns ought to be perpendicular, here was a matter on which he might go to work. He does go to work. The trustees knowing their man—knowing also that in the present condition of Rome it was impossible to escape from an unjust Prætor without paying largely—went to his mistress and endeavored to settle the matter with her. Here we have an amusing picture of the way in which the affairs of the city were carried on in that lady's establishment; how she had her levee, took her bribes, and drove a lucrative trade. Doing, however, no good with her, the trustees settled with an agent to pay Verres two hundred thousand sesterces to drop the affair. This was something under £2000. But Verres repudiated the arrangement with scorn. He could do much better than that with such a temple and such a minor. He puts the repairs up to auction; and refusing a bid from the trustees themselves—the very persons who are the most interested in getting the work done, if there were work to do—has it knocked down to himself for five hundred and sixty thousand sesterces, or about £5000.[113] Then we are told how he had the pretended work done by the putting up of a rough crane. No real work is done, no new stones are brought, no money is spent. That is the way in which Verres filled his office as Prætor Urbanus; but it does not seem that any public notice is taken of his iniquities as long as he confined himself to little jobs such as this.

Then we come to the affairs of Sicily—and the long list of robberies is commenced by which that province was made desolate. It seems that nothing gave so grand a scope to the greed of a public functionary who was at the same time governor and judge as disputed wills. It was not necessary that any of the persons concerned should dispute the will among them. Given the facts that a man had died and left property behind him, then Verres would find means to drag the heir into court, and either frighten him into payment of a bribe or else rob him of his inheritance. Before he left Rome for the province he heard that a large fortune had been left to one Dio on condition that he should put up certain statues in the market-place.[114] It was not uncommon for a man to desire the reputation of adorning his own city, but to choose that the expense should be borne by his heir rather than by himself. Failing to put up the statues, the heir was required to pay a fine to Venus Erycina—to enrich, that is, the worship of that goddess, who had a favorite temple under Mount Eryx. The statues had been duly erected. But, nevertheless, here there was an opening. So Verres goes to work, and in the name of Venus brings an action against Dio. The verdict is given, not in favor of Venus but in favor of Verres.

This manner of paying honor to the gods, and especially to Venus, was common in Sicily. Two sons[115] received a fortune from their father, with a condition that, if some special thing were not done, a fine should be paid to Venus. The man had been dead twenty years ago. But "the dogs" which the Prætor kept were very sharp, and, distant as was the time, found out the clause. Action is taken against the two sons, who indeed gain their case; but they gain it by a bribe so enormous that they are ruined men. There was one Heraclius,[116] the son of Hiero, a nobleman of Syracuse, who received a legacy amounting to 3,000,000 sesterces—we will say £24,000—from a relative, also a Heraclius. He had, too, a house full of handsome silver plate, silk and hangings, and valuable slaves. A man, "Dives equom, dives pictai vestis et auri." Verres heard, of course. He had by this time taken some Sicilian dogs into his service, men of Syracuse, and had learned from them that there was a clause in the will of the elder Heraclius that certain statues should be put up in the gymnasium of the city. They undertake to bring forward servants of the gymnasium who should say that the statues were never properly erected. Cicero tells us how Verres went to work, now in this court, now in that, breaking all the laws as to Sicilian jurisdiction, but still proceeding under the pretence of law, till he got everything out of the wretch—not only all the legacies from Heraclius, but every shilling, and every article left to the man by his father. There is a pretence of giving some of the money to the town of Syracuse; but for himself he takes all the valuables, the Corinthian vases, the purple hangings, what slaves he chooses. Then everything else is sold by auction. How he divided the spoil with the Syracusans, and then quarrelled with them, and how he lied as to the share taken by himself, will all be found in Cicero's narrative. Heraclius was of course ruined. For the stories of Epicrates and Sopater I must refer the reader to the oration. In that of Sopater there is the peculiarity that Verres managed to get paid by everybody all round.

The story of Sthenius is so interesting that I cannot pass it by. Sthenius was a man of wealth and high standing, living at Therma in Sicily, with whom Verres often took up his abode; for, as governor, he travelled much about the island, always in pursuit of plunder. Sthenius had had his house full of beautiful things. Of all these Verres possessed himself—some by begging, some by demanding, and some by absolute robbery. Sthenius, grieved as he was to find himself pillaged, bore all this. The man was Roman Prætor, and injuries such as these had to be endured. At Therma, however, in the public place of the city, there were some beautiful statues. For these Verres longed, and desired his host to get them for him. Sthenius declared that this was impossible. The statues had, under peculiar circumstances, been recovered by Scipio Africanus from Carthage, and been restored by the Roman General to the Sicilians, from whom they had been taken, and had been erected at Therma. There was a peculiarly beautiful figure of Stesichorus, the poet, as an old man bent double, with a book in his hand—a very glorious work of art; and there was a goat—in bronze probably—as to which Cicero is at the pains of telling us that even he, unskilled as he was in such matters, could see its charms. No one had sharper eyes for such pretty ornaments than Cicero, or a more decided taste for them. But as Hortensius, his rival and opponent in this case, had taken a marble sphinx from Verres, he thought it expedient to show how superior he was to such matters. There was probably something of joke in this, as his predilections would no doubt be known to those he was addressing.[117]

In the matter Sthenius was incorruptible, and not even the Prætor could carry them away without his aid. Cicero, who is very warm in praise of Sthenius, declares that "here at last Verres had found one town, the only one in the world, from which he was unable to carry away something of the public property by force, or stealth, or open command, or favor."[118] The governor was so disgusted with this that he abandoned Sthenius, leaving the house which he had plundered of everything, and betook himself to that of one Agathinus, who had a beautiful daughter, Callidama, who, with her husband, Dorotheus, lived with her father They were enemies of Sthenius, and we are given to understand that Verres ingratiated himself with them partly for the sake of Callidama, who seems very quickly to have been given up to him,[119] and partly that he might instigate them to bring actions against Sthenius. This is done with great success; so that Sthenius is forced to run away, and betake himself, winter as it was, across the seas to Rome. It has already been told that when he was at Rome an action was brought against him by Verres for having run away when he was under judgment, in which Cicero defended him, and in which he was acquitted. In the teeth of his acquittal, Verres persecuted the man by every form of law which came to his hands as Prætor, but always in opposition to the law. There is an audacity about the man's proceedings, in his open contempt of the laws which it was his special duty to carry out, making us feel how confident he was that he could carry everything before him in Rome by means of his money. By robbery and concealing his robberies, by selling his judgments in such a way that he should maintain some reticence by ordinary precaution, he might have made much money, as other governors had done. But he resolved that it would pay him better to rob everywhere openly, and then, when the day of reckoning came, to buy the judges wholesale. As to shame at such doings, there was no such feelings left among Romans.

Before he comes to the story of Sthenius, Cicero makes a grandly ironical appeal to the bench before him: "Yes, O judges, keep this man; keep him in the State! Spare him, preserve him so that he, too, may sit with us as a judge here so that he, too, may, with impartiality, advise us, as a Senator, what may be best for us as to peace and war! Not that we need trouble ourselves as to his senatorial duties. His authority would be nothing. When would he dare, or when would he care, to come among us? Unless it might be in the idle month of February, when would a man so idle, so debauched, show himself in the Senate-house? Let him come and show himself. Let him advise us to attack the Cretans; to pronounce the Greeks of Byzantium free; to declare Ptolemy King.[120] Let him speak and vote as Hortensius may direct. This will have but little effect upon our lives or our property. But beyond this there is something we must look to; something that would be distrusted; something that every good man has to fear! If by chance this man should escape out of our hands, he would have to sit there upon that bench and be a judge. He would be called upon to pronounce on the lives of a Roman citizen. He would be the right-hand officer in the army of this man here,[121] of this man who is striving to be the lord and ruler of our judgment-seats. The people of Rome at least refuse this! This at least cannot be endured!"