Rome, 70 B.C.
Prosecutor:
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Cicero
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Defender:
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Hortensius
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Representing:
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Roman
Republic
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Representing:
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Gaius
Verres
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Charge:
(1) Embezzling, (2) Murder
While the trial of Sextus Roscius was
going on, Sulla was busy rewarding Gaius Verres with a grant of land and
protection from charges of embezzlement. Verres originally supported the
Populares party, but then switched to the Optimates when they began to get the
advantage. Once a supporter of Marius, now he supported Sulla, and Sulla gave
him a gift. It happens all the time. He sent Verres to Asia Minor (Turkey) to work with Dolabella, the governor of
the province of Cilicia,
the capital of which was Tarsus,
the city in which Paul would be born six decades later. Can you trust someone
who is against you when you are down, and for you when you are up?
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Allegedly, both the governor of Cilicia and Verres embezzled money during the 70s B.C.
While the governor was eventually tried and found not guilty, Verres used
bribes to become praetor (mayor) of the city. Thing is, he did a decent job. He
was such a good administrator in Asia Minor, in fact, that Rome
transferred him to Sicily,
one of the most important agricultural regions in the Republic. It didn’t work
out quite as well. Verres took a stable province and ran monkey wrenches into
it. He used bureaucracy to “ruin the wheat growers and revenue collectors by
exorbitant imposts and by cancelling contracts.” Basically, he was selfish. And
he was into art. He sent teams of inspectors around to Roman temples and
well-to-do homes to search for works of art to confiscate. This went against
the property right of Roman citizens, of course, established in the XII Tables
of Roman law. Which amendment protects Americans from unreasonable searches and
seizures?
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Old Roman road in Tarsus, there
when Verres and later Paul walked here
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Verres became a known fraud. He had no
sympathy for the legal standards of the time. He was out for himself, yet was
smart about it, so he did well for himself, unless you remember how Socrates
told us nothing gained by bad means is really ours. When the Servile War broke
out, in which Spartacus, a slave from Greece like Chrysogonus in the
previous trial, led an army of people out of servility and against actual Roman
Legions. It became the largest slave revolt in all of history. Things were
tense as these armies clashed all over Italy. Do you think the Legions or
the Servile army will win in the end?
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In Sicily, Verres had his bureaucrats go
to the plantation farms and find out who the best and most important slaves on
the farms were, rather like the German Aktion-AB
(AuBerordentliche Befriedungsaktion)
in Poland in 1940, when the SS
arrived in Polish cities with lists of intelligentsia to be arrested and
imprisoned as potential revolt leaders. In an analogue of that action, Verres
sought out Sicilian slaves most likely to start trouble. Once identified, he
would send the landowner a document stating those particular slaves were guilty
of wanting to join Spartacus’ cause. This note automatically made them enemies
of the state. He also included a rejoinder, kind of matter-of-factly, that if
the owner paid a certain amount, the slave would not be arrested, taken away
and executed. Basically, it was a ploy to embezzle money from the landowners.
They wanted to keep their best people, and Verres knew they’d be willing to pay
for that. Do you think some slaves had good relations with their masters in ancient
Rome? Was it
smart for Verres to target those slaves specifically?
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Verres did not stop there. He went to making
up fake slaves to be arrested. Then he charged those fake slaves with
conspiring with Spartacus to overthrow the Roman state, and demanded the
“owners” hand them over for arrest! The corollary was if the owner could not
produce the slave, which didn’t exist; he was arrested and ransomed. If he paid
a large fine, he went free. If not, he stayed under arrest till he did. It goes
without saying this get rich quick scheme was wildly unpopular. In 70 B.C.,
Verres traveled to Rome.
There he was arrested by surprise. What he didn’t know was that the Sicilian
people, angry at his corruption, had sent a messenger to the Capitoline Hill ahead
of him, with a letter containing his crimes. They asked for him to be
investigated and prosecuted. So he was hauled in, smug that his friends in the
Senate would get him off. Then he was dismayed to find out the advocate charged
with prosecuting him was none other than Marcus Tullius Cicero. Do you think
karma is real, as in, what goes around comes around? How might Verres be an
example of that?
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Spartacus: the slave they probably
should have just let go
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For court, Verres obtained a very good
lawyer, Quintus Hortensius, and he did have the sympathy of many Patricians,
some of whom were his friends. Some of the Senate would side with him. But city
praetor Manius Glabrio was an honest man who could not be bribed, and he
presided over the trial. Verres’ lawyer motioned for the case to be postponed a
year so that the presiding judge would be switched out, as it was known that
his personal friend Marcus Metellus would likely be in office. What said the
court? Request denied! His next move was to recommend Cicero go after another case before his;
arguing it was more important. That tactic, called sidelining, did not work
either. If you were on a jury and a close personal friend of yours was on
trial, would you judge them differently than you would an anonymous person?
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Cicero's opening
statement was blistering. He rocked the audience for a full hour, describing
the mountains of evidence pointing to the fact that Verres was the worst
provincial governor of the time, constantly using extortion and corruption to
enrich himself. He had firsthand knowledge of this, too, because after the
Roscius case he moved to Sicily
and took up a post as quaestor for a few years. He knew the people there, and it’s
easy to find friends if you are an expert in the law, especially when people
are in the middle of a disputation. Cicero
painted for the court a picture of a man who was honest up until he was given a
measure of power. The power changed him, and he noted for the court the
attempted delay until his friend would preside in the new year. He outlined the
defense’s motions to drag out the trial by all means until the end of year
festivals began, during which public functions were put on hold, and after
which the new judges would arrive. Cicero also reminded the jury, made up of
senators, that Sulla was being pressured to allow non-Senators on juries in the
future, because a closed system seemed geared to favoritism and dishonest
verdicts. “The surest way to take the juries away from the Senate,” Cicero said, “is to
acquit Verres on all charges!” Why was Cicero
appealing to the Senators best interests?
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Cicero moved to charges
of embezzlement and the subversion of Roman security. He pointed to a specific
bribe Verres accepted from the praetor of Messana, a Sicilian city on the tip
of the island, looking towards Italy.
This city he exempted from contributing a ship to the Roman naval fleet. He
also let sailors go on extended leave and embezzled their military pay. He also
broke the law by keeping pirates alive and extorting them instead of executing
them, the Roman way to keep the seas safe. He then resettled the pirates in
places no one knew them. Cicero
alleged he even at times executed someone else in their place just for the show
of it. When a fleet under a Verres crony was sent to stop some piracy, the
absence of the fleet allowed the pirates to attack the harbor
of Syracuse, Sicily’s largest, and get away with much
loot. But did Verres take responsibility? Nope. He had some ship captains
arrested, court marshaled and executed to cover up his massive strategic error.
Cicero then went on about the fake slaves, and one can imagine Verres and his
lawyer cringing with every new count. Do you think the Roman death sentence for
pirates was too harsh a punishment? Why or why not?
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Syracuse, where Verres ripped
people off even more
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Finally, Cicero brought up the case of a Roman citizen
who protested Verres’ treatment of citizens. Apparently, he also regularly
flouted the rights of citizens, which was a big no-no in Rome. The Romans took citizenship seriously,
and the rights of a citizen were sacrosanct. Verres had the protestor arrested,
whipped and then executed. To inflict either of these punishments on a citizen
without trial was against the law, and Verres was a multiple offender in this
regard. Cicero revealed how he elected crucifixion as the death sentence, and put
the cross with the protestor on it up at the edge of the island, so he could
symbolically “see” the border of Verres’ power right across the straits. Another
abuse referred to by Cicero
was done on an old man, who Verres had beaten after the man complained about
him publically. The man died of wounds he received at the beating. If you were
Cicero, would you have
focused on a few stories, or run down a long list, not pausing for detail?
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The defense, stunned like the judges, sat
mute. When it was time for Verres’ lawyer to give his statement, he had none to
give. They retired for the day, and Hortensius recommended Verres get out of
town, lay low awhile, and go into hiding in a far away province, because there
was no way were going to convince the court Cicero was wrong on these charges.
Verres took that “legal advice” and left Rome
for Marseilles.
Would you flee your own country if the state promised you a jail sentence?
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Verres lived out his days in Marseilles, but was later
proscribed by Marc Antony during the time of the Second Triumverate. The
reason? Antony
wanted a piece of art that Verres previously embezzled from someone else. How bout
that karma thing?
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Verdict:
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guilty
in absentia
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Sentence:
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n/a
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