Cicero and provincial maladministration: In Verrem

The Romans Chapter 2Case Study

A depiction of Cicero denouncing Catiline

Extortion courts in Rome: a history

• 149 BC Lex Calpurnia de Repetundis, Rome’s first permanent extortion court, was set up to restore stolen property

• 123 BC Lex Acilia was set up by Gaius Gracchus with less biased equites as jurors

• 106 BC Lex Servilia Caepio had a mix of senatorial and equites jurors

• 104 BC Lex Servilia Glaucia held two separate hearings, so evidence was considered twice

• 81 BC Lex Cornelia Sulla reappointed senators as sole jurors

Trial of Verres, January 70 BCCast of characters

Praetor of the court: Manius Acilius GlabrioDefendant: Gaius Verres, former governor of SicilyDefence counsel: Quintus Hortensius Hortalus (princeps senatus, chief speaker in the Senate), Q. Caecilius Metellus Scipio Nascia, Lucius Cornelius Sisenna (also former governor of Sicily ) Charge: Extortion in his role as provincial governorProsecution: two candidates: Marcus Tullius Cicero and Quintus Caecilius Niger (Verres’ former quaestor)

Verres trial, Part I: The arraignmentRome, January 70 BC

There are two candidates for the prosecution: M. Tullius Cicero and Quintus Caecilius Niger.

Marcus Tullius Cicero is chosen and Q. Caecilius Niger is not even granted second chair, suggesting he has a serious conflict of interest.

A court date is set for May.

Cicero has 110 days to travel to Sicily, collect evidence and prepare his case. If he does not return to Rome in time, the case will be dismissed.

Proposed schedule of Verres trialRome, 70 BC

• January: Arraignment: prosecutors and trial dates selected (start date set for May).

• 5 August: Trial commences (post elections).First hearing: opening speeches; evidence

submitted.• 18 September: Second hearing.

Actual schedule of Verres trialRome, 70 BC

• January: Arraignment: prosecutors and trial dates selected (start date set for May)

Trial does not start until August because another extortion trial is tabled to delay the Verres trial until after the elections.

• 5 August: Trial commences (post elections)Cicero has until the 16th to present his evidence before the

court breaks up for holidays and reconvenes in September.If the first hearing carries on, Hortensius can draw out his

response and the second hearing until the following year, when he will be consul.

First hearing: opening speeches; evidence submitted.• 18 September: Second hearing.

Verres trial, 5 AugustCast of characters (revised) post elections

Praetor of the court: Manius Acilius GlabrioAfter elections it is Marcus Caecilius Metellus who will be praetor the following yearDefendant: Gaius Verres, former governor of SicilyDefence counsel: Quintus Hortensius HortalusHortalus has been elected consul alongside Quintus Caecilius MetellusQ. Caecilius Metellus Scipio Nascia, Lucius Cornelius Sisenna (also former governor of Sicily ) Charge: Extortion in his role as provincial governorProsecution: Marcus Tullius CiceroNow elected as aedile for the following yearThe Metelli family have secured a consulship and a position as praetor of the extortion courts for the following year, and Q. Hortensius Hortalus has been elected as the other consul. If the trial carries on to the following year, the defence will occupy positions of crucial importance in the republic

Verres trial, Part II: Opening speeches

• Cicero unexpectedly gives a very short speech, directed primarily at the senatorial jury.

• Hortensius is unprepared and does not have much to respond to.

• Evidence is submitted two days later and it is very damning.

• Verres stops attending court hearings.

Verres trial: Results

• Verdict: Guilty (in absentia). Verres had already left for Massalia (Marseille) with most of his plundered artworks.

• Punishment: Fine of 3 million sesterces, probably all that was left of the 40 million he took.

• Cicero’s star rose higher, and the Sicilians remained his clients for the rest of his life.

• The Lex Aurelia was passed (late 70 BC), abolishing senatorial juries in the extortion courts.