Marcus Tullius Cicero 106 – 43 BCE

Cicero (106 – 43 BCE) 80 BCE (age 26) Cicero defends Roscius of parricide (parricidium) 70 BCE: prosecuted Verres for corruption in governing Sicily patronus of clientes / patron-client relationship in Roman society forensic speeches = speeches given in court cases (named from the forum) 66 BCE: praetor 63 BCE: consul. A new man (novus homo)  A trumped-up charge to take his property. Pinned it on Sulla’s henchman (but not Sulla)

Cesare Maccari, 1882-88

Cicero cos. 63 BCE, against conspiracy of Catiline Catiline lost elections in 64 and 63 for cos. He ran on a platform of abolishing debt. Cicero gave 4 speeches (“Catilinarians”) against Catiline (2 in the Senate) Senate passes senatus consultum ultimum making Catiline an enemy of the state Nov. 8, 63 BC: Cicero’s 1st Catilinarian in the Senate with Catiline present. Dec. 5: Cicero has several conspirators arrested & executed without trial, including an ex-consul. Catiline flees and later defeated by Roman army.

Repercussions for Cicero 58 BCE: Clodius, a popular politician and tribune of the people, has a law passed: to exile anyone who executed a Roman citizen without a trial. Cicero is exiled. This shows that Catiline’s supporters represented a real political cause. Clodius has Cicero’s house consecrated so no one can live there & has it torn down.

Cicero, Pro Archia (For Archias) background L. Lucullus is patron of Archias who praises his exploits in poem 93 BCE: Lucullus helps A. get citizenship of the town (municipium) Heraclea (a Greek town in Southern Italy or Magna Graecia) Lucullus sets A. up in residence in Rome Archias was a literary mentor of Cicero 

Social War, c. 91-88 BCE Italian allies (socii) of Rome demand full Roman citizenship (in yellow & orange)

Cicero, Pro Archia (For Archias), 62 BCE 90: Lex Iulia de Civitate … grants Roman citizenship to non-rebelling Italians 89: LAW #1 FOR THE TRIAL OF ARCHIAS: Lex Plautia Papiria de Civitate … grants Roman citizenship to citizens of allied Italian towns (municipia) who reside in Italy and present themselves to a praetor within 90 days. (quoted in Pro Archia 7) 65: LAW #2 FOR THE TRIAL: Lex Papia de Peregrinis: expel aliens from Rome 62: Trial of Archias, prosecuted under the law of 65 and defended by Cicero wo has to show that Archias properly registered under the law of 89. This is probably a political case. Behind the prosecution of A. may be a political enemy of his patron Lucullus, perhaps Pompey the Great! Cicero has to tread carefully not to offend the other side since Pompey is extremely powerful.

Issues in the trial of Archias Facts & law: (see previous slide on the law of 89 BCE) Was Archias a citizen of Heraclea in 89? Does proof exist? Did Archias maintain a residence at Rome? Do we have records that he enrolled with a praetor in 89? Does Archias’ name appear in a record of the census of Roman citizens? Social factors: Is Archias being prosecuted for personal political reasons? Is Archias being defended because he has powerful friends? How does Cicero argue that Archias is valuable to Rome and should be protected? Is he valuable as a poet?!

Trial of Archias, 62 BCE: Procedure Praetor presides. The praetor happens to be Quintus Tullius Cicero! Defendant dresses in mourning & doesn’t wash or shave. 75 judges, 1/3 from Senators, 1/3 from equites, 1/3 others (“treasury tribunes” - ? - like equites). (equites = “equestrians”/horsemen/cavalry) Secret ballot: A C on wax tablet; erase one (absolvo / condemno) Penalty: technically death but they usually flee (voluntary exile with loss of Roman citizenship: must leave Italy since it is now all Roman as seen above!) tribuni aerarii (treasury tribunes)