PRO MARINO: THE ORATION OF LUCIUS BRUTUS.

When given the signal from the Iudex, Lucius Junius rose from the seat provided to the Prosecution. This was a first for Lucius having never before prosecuted a case but there’s a start for all things. And what most promising start than this case today; trade stock thievery. Standing to the center of the court room and nodding to the Iudex, Lucius Junius began the prosecution’s oration.

“Honorable Iudex and you members of the jury; citizens of Rome! Welcome! The case that brought us here today isn’t a troubling one: no murder, no disputed wills, no slave was being crucified by his employer’s rival. Indeed, the case of Marinus versus Amacio would seem small compared to the aforementioned cases. But what makes this case most important - not to me, citizens of Rome, but to you! – is it’s context.”

“My client, Marinus, is an honourable businessman of the Ordo Equestris, a true Roman as any man in this court. And Marinus, for the last years, has been making his salt by importing grain from Egypt and selling it to you, citizens of Rome. How much this man and all like him do for you, o men of the Assembly! If it weren’t for Marinus and his colleagues, we Romans would starve during the winter – the shortages of grain would impose a death toll on us and our children. We should commend this man, gentlemen of the jury and you citizens of Rome, for his patriotism and civic duty! We should commend this man, Marinus, for he saw a time where the People of Rome would starve to death and he chose to risk all his fortunes in the perilous sea - pirates, the wrath of Neptune, bad weather and sea monsters (*Brutus makes a mock face of fear*) were Marinus’ adversaries – in order to give us what we most seek: grain.”

“The defense’s client though is not as near as worthy of memory as Marinus is. Amacio is a captain – a barbarian scum most likely, freedman now, from Dis knows where! - in one of Marinus’ ships who transfer grain from Egypt to Rome. And Amacio for the last years has been making his salt not only via just work and payment of his business partner but also by stealing a proportion of the grain designed to be delivered to you, men of Rome! Of course, the man claims that he has bought the grain with his own funds, a ridiculous claim, and that since he has bought it, he could *sell* it for profit to his *extended* family. Of course, such is the ethos of the man that he sells -sells- the grain he steals from my client to his own kin! What barbarism! What love for money! This man, men of the jury, is so despicable as to sell to his starving children and starving brothers and starving parents and so on – the grain he steals from Marinus! Where have we come to when men such as this are being defended from Roman Justice? Vae to the moral man!”

“Citizens, members of the Jury! Today we are faced not only with a crime done to one of our own citizens but also a crime done to all the citizens of Rome. If you were to find innocent this man, Amacio, you would be setting precedence for any dishonest lot to steal from our Equites and then claim that they have *bought* the goods with their own money. But if you were to find for Marinus, you wouldn’t only be providing justice to one man but to every Roman that wasn’t fed from Marinus’ stolen proportion in order for the *extended* family – I wonder what extended means, gentlemen of the jury; maybe his own family, his wife’s, his brother’s and his wife’s families and so on? Perhaps and entire village? All of Gadeiro, maybe? - of Amacio, a collection of likewise barbarians to be fed in their expense! Members of the jury, do what your guts tell you: find for Marinus, not the immoral Amacio!”

“Imagine the shock, gentlemen of the jury, of this man here, Marinus, when he discovered that the man that he had put his faith on was actually stealing from him for years -years!- and instead of punishing him at once, he chose the honourable way and brought him to courts. I commend you, Marinus, for your honour!” Brutus said, tapping his client on his shoulder, standing above him. “And imagine this man here, Amacio, under the coverage of darkness entering the holds of Marinus’s vessels and stealing grain from his trusty business partner! How happy you must have been, dishonest scum that you are, thinking that you have fooled your better!” Brutus unleashed in front of Amacio. “Vae to the moral man, members of the jury, if you find for this pitiful excuse of a man! Gentlemen of the Jury, honourable Iudex and People of Rome! The prosecution intents to prove that Amacio for many years stole a proportion from the grain supplies of Marinus to his business partner detriment.”

“Firstly, let us dispense with the ridiculous claims of Amacio; the man dares to admit that he indeed has siphoned occasionally a part from Marinus’ grain and sent it to his extended family in Gadeiro but, he says, he had bought it with his own money. I wonder though, since the grain was bought from Marinus by Amacio and then resold, why would Marinus – having made a profit from Amacio’s purchase – push charges on Amacio; as Gaius Lepidus, the defense advocate, can verify from experience, the imported goods are usually sold to some vendors and they sell it to the public for their own profit. So, if Amacio was acting as a vendor for Gadeiro by buying grain from Marinus to resell it to his extended family, why would Marinus speak of theft? His income from his trade trip was made!”

“The answer is simple, citizens, and an obvious one. This man, Amacio, for years has been siphoning a part of Marinus’ grain to Gadeiro. Small at first as it was, Marinus didn’t notice; but then Amacio became greedy. Instead of being content with fooling the trust of his business associate by stealing some grain for his family, he believed that he could cut off a bigger part and sell it to make a better profit. That went on for years until the proportion siphoned created a loss of income that could not be explained otherwise but by thievery. My client searched the matter deeply and discovered the dishonest act of Amacio – and he brought charges on him.”

“What makes Amacio’s theft obvious above any reproach is the fact that Amacio, a business partner of Marinus, admits that he bought the grain with his own money. Marinus, hiring Amacio and his crew to carry his grain from Egypt to Rome was forced by law with making a business contract. And as law dictates, by signing of a business contract both ends agree on actio pro socio, a bond formed by the signing of the business contract based on bona fides that binds all earthly wealth of both ends for as long as the contract runs to the grain importing company. That means that all funds used for goods must return profit to all ends of the company, either in the form of payment for the captain of the ship or in the form of income of the sales for the Equus running the business.”

“Marinus though didn’t receive payment from the grain sold in Gadeiro even though, as the man running the grain importing company, has the authority to sell all goods transported by his own ships as he wishes on the bases of the business contract. Amacio not only disrespected the law by not giving a cut of the profits to Marinus but he was abusing Marinus’ means, his ship, to carry his goods in it’s holds and further betrayed his associate’s trust. Moreover, in the bases of contract, it is obvious that either Amacio was siphoning off a proportion of Marinus’ grain and thus committed the crime of theft or he used his contract-bound money to buy grain and then sold it for his private profit without giving Marinus his lawful share ergo committing the crimes of theft and breech of contract!”

“Now my colleague, Gaius Lepidus, will probably try to paint Marinus as the corrupt businessman who, irked that he lost the extra profit made in Gadeiro, pushed charges on Amacio. Citizens, that is not true! It is because of Marinus and men like Marinus that we have grain to buy in the market today! Also, remember that even if Marinus is the greedy businessman so often found within the Ordo Equestris, it is Amacio that broke the law and committed the crime of theft as I have proven. Since Amacio admits that he bought grain and sold it to Gadeiro and since the commercial law covers such cases and renders them illegal, Amacio is a thief and nothing more.”

“Moreover the Defense may try to picture Amacio as a poor family man with a need to feed his own children! And, I say, if that is so why he claims that he made a profit? Surely, a decent man wouldn’t sell the grain to his children; he would simply feed them with it! Never mind the fact that in order for the thievery to be discovered, we are taking for a big chunk of the imported grain and a poor man wouldn’t have the necessary money to buy it in the first place! And if Amacio had the money to buy grain, why wouldn’t he buy it from some vendor in Gadeiro or give the money to his wife to make the shopping for him? Because, citizens, stolen grain costs less than bought grain! That’s why!”

“Finally, the Defense may try to trick you into thinking of Amacio as not one of Marinus’ business partners. That is a sophistry, a fancy lie, that you should dismiss the moment it leaves the mouth of the Defense. As Amacio was the most experienced captain of Marinus, it is obvious that they did work together so their case falls under the commercial law – and as I have proven above, the commercial law declares that Amacio’s siphoning is illegal!” Brutus concluded with the refutation and was getting ready to enter his peroration. Standing in front of the jury, he began.

“Citizens, this is the case of Marinus versus Amacio. A decent man was robbed from a dishonest scum and was hindered economically on purpose. Marinus had no reason to bring Amacio before us today had the grain been bought off him as Amacio claims but he had reason to act as honourably as he did by bringing this thief to justice if Amacio had stolen from him; this thief that abused his partner’s trust and fidelity and systematically stole from his grain and who now stands before us pretending that he has bought the grain with his own money – an ever more hideous disrespect to our laws regarding commerce!”

“Make no mistake, men of the jury, be not fooled I say! This man will try to plea innocent, he will try to paint a Roman as decent as any man here to be a corrupt businessman who cares for nothing else than profit when this despicable barbarous shit of who knows where stole grain to sell it to his own family! This man before you, men of the jury, will try to deny his partnership with Marinus – don’t be fooled, I warn you!” Brutus said and then turned away from the jury to address the gathered crowd.

“This man, citizens, has harmed you dearly! For years he and all the dishonest scum like him had been stealing the grain that was destined to be sold at the lowest possible price in the market and was instead consumed by a barbarian people near the edge of our borders! Remember all the times, citizens of Rome, you or someone you know starved due to grain shortages – and let your hearts be filled with sacred anger for the man who now stands in front of you! Curse you, Amacio, say! Curse you and all like you for my brother, my son, my daughter, my wife, my sick mother, my dearly father have starved because of you and all like you! Curse you, you low, despicable thief, say!”

“Citizens, members of the jury! This is my case. It falls upon your shoulders now to do justice to Marinus – a justice a few words away! Amacio is guilty of theft… Remember these words, members of the jury, for the audience will not forget them. I rest my case.”