Divinatio against Q. Caecilius (32-34)

for which corn all the money was not paid. This is a grave charge against Verres; a grave one if I plead the cause, but, if you are the prosecutor, no charge at all. For you were the quaestor, you had the handling of the public money; and, even if the praetor desired it ever so much, yet it was to a great extent in your power to prevent anything being taken from it. Of this crime, therefore, if you are the prosecutor, no mention will be made. And so during the whole trial nothing will be said of his most enormous and most notorious thefts and injuries. Believe me, O Caecilius, he who is connected with the criminal in a partnership of iniquity, cannot really defend his associates while accusing him.

The contractors exacted money from the cities instead of corn. Well! was this never done except in the praetorship of Verres? I do not say that, but it was done while Caecilius was quaestor. What then will you do? Will you urge against this man as a charge, what you both could and ought to have prevented from being done? or will you leave out the whole of it? Verres, then, at his trial will absolutely never hear at all of those things, which, when he was doing them, he did not know how he should be able to defend.

You know that information of these matters has been given to me; and if I were to choose to mention them, all men would easily perceive that there was not only a perfect harmony of will subsisting between you both, but that you did not pursue even your plunder separately. So that if you demand to be allowed to give information of the crimes which Verres has committed in conjunction with you, I have no objection, if it is allowed by the law. But if we are speaking of conducting the prosecution, that you must yield ta those who are hindered by no crimes of their own from being able to prove the offences of another.