James Bradstreet Greenough Commmentary on the Impeachment of Verres 32_50

[introduction] 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 ).

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.

[32] 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 , with periculum 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.

[33] 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.

[34] 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).

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 .

[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.

[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.

[37] erit, will be (it is true): notice the emphatic position, opposing it to the clause with tamen (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 ).

[38] 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.

[39] inventi sint represents 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).

[40] 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 of agere, above).

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 .

[41] 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.’

[42] animo : abl. of means.

majore . . . odio : abl. of quality.