Divinatio against Q. Caecilius (21-25)

Even if they were silent they would say plainly enough why they are unwilling. But they are not silent; and yet will you offer yourself, when they are most unwilling to accept you! Will you still persist in speaking in the cause of others? Will you still defend those men who would rather be deserted by every one than defended by you? Will you still promise your assistance to those men who do neither believe that you wish to give it for their sake, nor that, if you did wish it, you could do it? Why do you endeavour to take away from them by force the little hope for the remainder of their fortunes which they still retain, built upon the impartiality of the law and of this tribunal? Why do you interpose yourself expressly against the will of those whom the law directs to be especially consulted? Why do you now openly attempt to ruin the whole fortunes of those of whom you did not deserve very well when in the province? Why do you take away from them, not only the power of prosecuting their rights, but even of bewailing their calamities?

If you are their counsel, whom do you expect to come forward of those men who are now striving, not to punish some one else by your means, but to avenge themselves on you yourself, through the instrumentality of some one or other?

at this moment I will only say this, which you must silently agree to, that there is no quality in me which he can despise, and none in you which he can fear. Therefore, that great defender [*] and friend of his votes for you and opposes me; he openly solicits the judges to have you preferred to me; and he says that he does this honestly, without any envy of me, and without any dislike to me. “For,” says he, “I am now asking for that which I usually obtain when I strive for it earnestly. I am not asking to have the defendant acquitted; but I am asking this, that he may be accused by the one man rather than by the other. Grant me this; grant that which is easy to grant, and honourable, and by no means invidious; and when you have granted that, you will, without any risk to yourself, and without any discredit, have granted that he shall be acquitted in whose cause I am labouring.”

He says also, in order that some alarm may be mingled with the exertion of his influence, that there are certain men on the bench to whom he wishes their tablets to be shown, and that that is very easy, for that they do not give their votes separately, but that all vote together; and that a tablet, [*] covered with the proper wax, and not with that illegal wax which has given so much scandal, is given to every one. And he does not give himself all this trouble so much for the sake of Verres, as because he disapproves of the whole affair. For he sees that, if the power of prosecuting is taken away from the high-born boys whom he has hitherto played with, and from the public informers, whom he has always despised and thought insignificant (not without good reason), and to be transferred to fearless men of well-proved constancy, he will no longer be able to domineer over the courts of law as he pleases.

I now beforehand give this man notice, that if you determine that this cause shall be conducted by me, his whole plan of defence must be altered, and must be altered in such a manner as to be carried on in a more honest and honourable way than he likes; that he must imitate those most illustrious men whom he himself has seen, Lucius Crassus and Marcus Antonius; who thought that they had no right to bring anything to the trials and causes in which their friends were concerned, except good faith and ability. He shall have no room for thinking, if I conduct the case, that the tribunal can be corrupted without great danger to many.