Imperium (11 page)

He strolled across to Caecilius and stood behind him. He gave an exaggerated sigh of sadness. “I am now going to speak to you as one friend to another,” he said, and patted his shoulder, so that his rival had to twist around in his seat to see him—a fidgety movement which drew a good deal of laughter. “I earnestly advise you to examine your own mind. Recollect yourself. Think of what you are, and what you are fit for. This prosecution is a very formidable and a very painful undertaking. Have you the powers of voice and memory? Have you the intelligence and the ability to sustain such a burden? Even if you had the advantage of great natural gifts, even if you had received a thorough education, could you hope to stand the strain? We shall find out this morning. If you can reply to what I am now saying, if you can use one single expression that is not contained in some book of extracts compiled from other people’s speeches and given to you by your schoolteacher, then perhaps you will not be a failure at the actual trial.”

He moved toward the center of the court and addressed the crowd in the Forum as well as the jury. “‘Well,’ you may say, ‘what if that is so? Do
you
then possess all these qualities yourself?’ Would that I did, indeed. Still, I have done my best, and worked hard from boyhood, in order to acquire them if I could. Everyone knows that my life has centered around the Forum and the law courts; that few men, if any, of my age have defended more cases; that all the time I can spare from the business of my friends I spend in the study and hard work which this profession demands, to make myself fitter and readier for forensic practice. Yet even I, when I think of the great day when the accused man is summoned to appear and I have to make my speech, am not only anxious, but tremble physically from head to foot.
You,
Caecilius, have no such fears, no such thoughts, no such anxieties. You imagine that, if you can learn by heart a phrase or two out of some old speech, like ‘I beseech almighty and most merciful God’ or ‘I could wish, gentlemen, had it only been possible,’ you will be excellently prepared for your entrance into court.

“Caecilius, you are nothing, and you count for nothing. Hortensius will
destroy
you! But he will never crush me with his cleverness. He will never lead me astray by any display of ingenuity. He will never employ his great powers to weaken and dislodge me from my position.” He looked toward Hortensius and bowed to him in mock humility, to which Hortensius responded by standing and bowing back, eliciting more laughter. “I am well acquainted with all this gentleman’s methods of attack,” continued Cicero, “and all his oratorical devices. However capable he may be, he will feel, when he comes to speak against me, that the trial is among other things a trial of his own capacities. And I give this gentleman fair warning well beforehand, that if you decide that I am to conduct this case, he will have to make a radical change in his methods of defense. If
I
conduct the case, he will have no reason to think that the court can be bribed without serious danger to a large number of people.”

The mention of bribery produced a brief uproar and brought the normally equable Hortensius to his feet, but Cicero waved him back into his place. On and on he went, his rhetoric hammering down upon his opponents like the ringing blows of a blacksmith. I shall not quote it all. The speech, which lasted at least an hour, is readily available for those who wish to read it. He smashed away at Verres for his corruption, and at Caecilius for his previous links with Verres, and at Hortensius for desiring a second-rate opponent. And he concluded by challenging the senators themselves, walking over to the jury and looking each of them in the eye. “It rests with you, then, gentlemen, to choose the man whom you think best qualified by good faith, industry, sagacity, and weight of character to maintain this great case before this great court. If you give Quintus Caecilius the preference over me, I shall not think I have been beaten by the better man. But Rome may think that an honorable, strict, and energetic prosecutor like myself was not what you desired, and not what senators would ever desire.” He paused, his gaze coming to rest at last on Catulus, who stared straight back at him, and then he said very quietly: “Gentlemen, see that this does not happen.” There was loud applause.

And now it was Caecilius’s turn. He had risen from very humble origins, much more humble than Cicero’s, and he was not entirely without merit. One could even say he had some prior claim to prosecute, especially when he began by pointing out that his father had been a freed Sicilian slave, that he had been born in the province, and that the island was the place he loved most in the world. But his speech was full of statistics about falling agricultural production and Verres’s system of accounting. He sounded peevish rather than impassioned. Worse, he read it all out from notes, and in a monotone, so that when, after an hour, he approached his peroration, Cicero pretended to fall asleep. Caecilius, who was facing the jury and could not see what everyone was laughing at, was seriously knocked off his stride. He struggled through to the end and then sat down, crimson with embarrassment and rage.

In terms of rhetoric, Cicero had scored a victory of annihilating proportions. But as the voting tablets were passed among the jury, and the clerk of the court stood ready with his urn to collect them, Cicero knew, he told me afterwards, that he had lost. Of the thirty-two senators, he recognized at least a dozen firm enemies, and only half as many friends. The decision, as usual, would rest with the floaters in the middle, and he could see that many of these were craning their necks for a signal from Catulus, intent on following his lead. Catulus marked his tablet, showed it to the men on either side of him, then dropped it in the urn. When everyone had voted, the clerk took the urn over to the bench, and in full view of the court tipped it out and began counting the tablets. Hortensius, abandoning his pretense, was on his feet, and so was Verres, trying to see how the tally was going. Cicero sat as still as a statue. Caecilius was hunched in his chair. All around me people who made a habit of attending the courts and knew the procedure as well as the judges were whispering that it was close, that they were recounting. Eventually the clerk passed the tally up to Glabrio, who stood and called for silence. When he said that the voting was fourteen for Cicero—my heart stopped: he had lost!—but there were thirteen for Caecilius, with five abstentions. Marcus Tullius Cicero was therefore appointed special prosecutor (
nominis delator
) in the case of Gaius Verres. As the spectators applauded and Hortensius and Verres sat stunned, Glabrio told Cicero to stand and raise his right hand, and then had him swear the traditional oath to conduct the prosecution in good faith.

The moment that was finished, Cicero made an application for an adjournment. Hortensius swiftly rose to object: why was this necessary? Cicero said he wished to travel to Sicily to subpoena evidence and witnesses. Hortensius interrupted to say it was outrageous for Cicero to demand the right to prosecute, only to reveal in his next breath that he lacked an adequate case to bring to court! This was a valid point, and for the first time I realized how unconfident Cicero must be of his position. Glabrio seemed inclined to agree with Hortensius, but Cicero pleaded that it was only now, since Verres had left his province, that his victims felt it safe to speak out. Glabrio pondered the issue, checked the calendar, and then announced, reluctantly, that the case would stand adjourned for 110 days. “But be sure you are ready to open immediately after the spring recess,” he warned Cicero. And with that, the court was dismissed.

TO HIS SURPRISE, Cicero later discovered that he owed his victory to Catulus. This hard and snobbish old senator was, nevertheless, a patriot to his marrow, which was why his opinions commanded such respect. He took the view that the people had the right, under the ancient laws, to see Verres subjected to the most rigorous prosecution available, even though Verres was a friend of his. Family obligations to his brother-in-law, Hortensius, naturally prevented him from voting for Cicero outright, so instead he abstained, taking four waverers with him.

Grateful to be still in the boar hunt, as he called it, and delighted to have outwitted Hortensius, Cicero now flung himself into the business of preparing his expedition to Sicily. Verres’s official papers were sealed by the court under an order
obsignandi gratia
. Cicero laid a motion before the Senate demanding that the former governor submit his official accounts for the past three years (he never did). Letters were dispatched to every large town on the island, inviting them to submit evidence. I reviewed our files and extracted the names of all the leading citizens who had ever offered Cicero hospitality when he was a junior magistrate, for we would need accommodation throughout the province. Cicero also wrote a courtesy letter to the governor, Lucius Metellus, informing him of his visit and requesting official cooperation—not that he expected anything other than official harassment, but he reasoned it might be useful to have the notification in writing, to show that he had at least tried. He decided to take his cousin with him—Lucius having worked on the case for six months already—and leave his brother behind to manage his election campaign. I was to go, too, along with both of my juniors, Sositheus and Laurea, for there would be much copying and note-taking. The former praetor, Calpurnius Piso Frugi, offered Cicero the services of his eighteen-year-old son, Gaius—a young man of great intelligence and charm, to whom everyone soon took a liking. At Quintus’s insistence, we also acquired four strong and reliable slaves, ostensibly to act as porters and drivers, but also to serve as bodyguards. It was lawless country down in the south at that time—many of Spartacus’s followers still survived in the hills; there were pirates; and no one could be sure what measures Verres might adopt.

All of this required money, and although Cicero’s legal practice was now bringing in some income—not in the form of direct payments, of course, which were forbidden, but in gifts and legacies from grateful clients—he had nothing like the amount of ready cash necessary to mount a proper prosecution. Most ambitious young men in his position would have gone to see Crassus, who always gave loans to rising politicians on generous terms. But just as Crassus liked to show that he rewarded support, so he also took care to let people see how he punished opposition. Ever since Cicero had declined to join his camp, he had gone out of his way to demonstrate his enmity. He cut him dead in public. He poor-mouthed him behind his back. Perhaps if Cicero had groveled sufficiently, Crassus would have condescended to change his mind: his principles were infinitely malleable. But, as I have already said, the two men found it difficult even to stand within ten feet of each other.

So Cicero had no choice but to approach Terentia, and a painful scene ensued. I became involved only because Cicero, in a rather cowardly way, at first dispatched
me
to see her business manager, Philotimus, to inquire how difficult it would be to raise one hundred thousand from her estate. With characteristic malevolence, Philotimus immediately reported my approach to his mistress, who stormed down to find me in Cicero’s study and demanded to know how I dared poke my nose into her affairs. Cicero came in while this was happening and was obliged to explain why he needed the money.

“And how is this sum to be repaid?” demanded Terentia.

“From the fine levied on Verres once he is found guilty,” replied her husband.

“And you are sure he
will
be found guilty?”

“Of course.”

“Why? What is your case? Let me hear it.” And with that she sat down in his chair and folded her arms. Cicero hesitated, but knowing his wife and seeing she was not to be dissuaded, told me to open the strongbox and fetch out the Sicilians’ evidence. He took her through it, piece by piece, and at the end of it, she regarded him with unfeigned dismay. “But that is not enough, Cicero! You have wagered everything on
that
? Do you really think a jury of senators will convict one of their own because he has rescued some important statues from provincial obscurity and brought them back to Rome—where they properly belong?”

“You may be right, my dear,” conceded Cicero. “That is why I need to go to Sicily.”

Terentia regarded her husband—arguably the greatest orator and the cleverest senator in Rome at that time—with the kind of look a matron might reserve for a child who has made a puddle on the drawing-room floor. She would have said something, I am sure, but she noticed I was still there and thought the better of it. Silently she rose and left the study.

The following day, Philotimus sought me out and handed me a small money chest containing ten thousand in cash, with authorization to draw a further forty thousand as necessary.

“Exactly half of what I asked for,” said Cicero when I took it in to him. “That is a shrewd businesswoman’s assessment of my chances, Tiro—and who is to say she is wrong?”

Roll VII

WE LEFT ROME ON the Ides of January, on the last day of the Festival of the Nymphs, Cicero riding in a covered wagon so that he could continue to work—although I found it a torment trying even to read, let alone write, in that rattling, lurching
carruca
. It was a miserable journey, freezing cold, with snow flurries across the higher ground. By this time most of the crosses bearing the crucified rebel slaves had been removed from the Appian Way. But some still stood as a warning, stark against the whitened landscape, with a few rotted fragments of bodies attached. Gazing at them, I felt as if Crassus’s long arm had reached out after me from Rome and once again pinched my cheek.

Because we had departed in such a hurry, it had proved impossible to arrange places to stay all along our route, and on three or four nights when no inns were available we were reduced to sleeping by the roadside. I lay with the other slaves, huddled around the campfire, while Cicero, Lucius, and young Frugi slept in the wagon. In the mountains I would wake at dawn to find my clothes starched with ice. When at last we reached the coast at Velia, Cicero decided it would be quicker to board a ship and hug the coast—this, despite the risk of winter storms and pirates, and his own marked aversion to traveling by boat, for he had been warned by a Sibyl that his death would somehow be connected with the sea.

Velia was a health resort, with a well-known temple to Apollo Oulius, then a fashionable god of healing. But it was shuttered now and out of season, and as we made our way down to the harbor-front, where the gray sea battered the wharf, Cicero remarked that he had seldom seen a less enticing holiday spot. In the port, aside from the usual collection of fishing boats, was moored one huge vessel, a cargo ship the size of a trireme, and while we were negotiating our journey with the local sailors, Cicero asked to whom it belonged. It was, we were told, a gift from the citizens of the Sicilian port of Messana to their former governor Gaius Verres, and had been moored here for a month.

There was something infinitely sinister about that great ship, sitting low in the water, fully crewed and ready to move at a moment’s warning. Our appearance in the deserted harbor had clearly already been registered and was causing something of a panic. As Cicero led us cautiously toward it, three short blasts sounded on a trumpet, and the ship’s hull sprouted oars, like some immense water beetle, and edged away from the quayside. It moved a short distance out to sea and dropped anchor. As the vessel turned into the wind, the lanterns at its prow and stern danced bright yellow in the gloomy afternoon, and figures deployed along its heaving decks. Cicero debated with Lucius and young Frugi what to do. In theory, his warrant from the extortion court gave him authority to board and search any vessel he suspected of connection with the case. In truth, we lacked the resources, and by the time reinforcements could be summoned, the ship would be long gone. What it showed beyond doubt was that Verres’s crimes were on a scale far more vast than anything Cicero had imagined. He decided we should press on south at redoubled speed.

I guess it must be 120 miles from Velia down to Vibo, running straight along the shinbone to the toe of Italy. But with a favorable wind and strong rowing we did it in just two days. We kept always within sight of the shore, and put in for one night on the sandy beach, where we cut down a thicket of myrtle to make a campfire and used our oars and sail for a tent. From Vibo we took the coast road to Regium, and here we chartered a second boat to sail across the narrow straits to Sicily. We set off on a misty early morning in a saturating drizzle. The distant island appeared on the horizon as a dreary black hump. Unfortunately there was only one place to make for, especially in midwinter, and that was Verres’s stronghold of Messana. Throughout all his three years as governor, he had bought the loyalty of its inhabitants by exempting them from taxes, and alone of the towns on the island, it had refused to offer Cicero any cooperation. We steered toward its lighthouse, and as we drew closer realized that what we had perceived as a large mast at the entrance to the harbor was not part of a ship at all, but a cross, facing directly across the straits to the mainland.

“That is new,” said Cicero, frowning as he wiped the rain from his eyes. “This was never a place of execution in our day.”

We had no option but to sail straight past it, and the sight fell across our waterlogged spirits like a shadow.

Despite the general hostility of the people of Messana toward the special prosecutor, two citizens—Basiliscus and Percennius—had bravely agreed to offer him hospitality, and were waiting on the quayside to greet us. The moment he stepped ashore, Cicero queried them about the cross, but they begged to be excused from answering until they had transported us away from the wharf. Only when we were in the compound of Basiliscus’s house did they feel it safe to tell the story. Verres had spent his last days as governor living full-time in Messana, supervising the loading of his loot aboard the treasure ship which the grateful town had built for him. There had been a festival in his honor about a month ago, and almost as part of the entertainment, a Roman citizen had been dragged from the prison, stripped naked in the Forum, publicly flogged, and finally crucified.

Cicero was incredulous. “A Roman citizen?” He gestured at me to begin making notes. “But it is illegal to execute a Roman citizen without a full trial. Are you sure that is what he was?”

“He cried out that his name was Publius Gavius, that he was a merchant from Spain, and and that he had done military service in the legions. Throughout his whipping he screamed, ‘I am a Roman citizen!’ every time he received a blow.”

“‘I am a Roman citizen,’” repeated Cicero, savoring the phrase. “‘I am a Roman citizen…’ But what was alleged to be his crime?”

“Spying,” replied our host. “He was on the point of boarding a ship for Italy. But he made the mistake of telling everyone he met that he had escaped from the Stone Quarries in Syracuse and was going straight to Rome to expose all Verres’s crimes. The elders of Messana had him arrested and held until Verres arrived. Then Verres ordered him to be scourged, tortured with hot irons, and executed on a cross looking out across the straits to Regium so that he could see the mainland throughout his final agonies. Imagine that—being only five miles from safety! The cross has been left standing by the followers of Verres as a warning to anyone else who feels tempted to talk too freely.”

“There were witnesses to this crucifixion?”

“Of course. Hundreds.”

“Including Roman citizens?”

“Yes.”

“Could you identify any of them?”

Basiliscus hesitated. “Gaius Numitorius, a Roman knight from Puteoli. The Cottius brothers from Tauromenium. Lucceius—he is from Regium. There must have been others.”

I took down their names. Afterwards, while Cicero was having a bath, we gathered beside his tub to discuss this development. Lucius said, “Perhaps this man Gavius really was a spy.”

“I would be more inclined to believe that,” replied Cicero, “if Verres had not brought exactly the same charge against Sthenius, who is no more a spy than you or I. No, this is the monster’s favored method of operation: he arranges a trumped-up charge, then uses his position as supreme justice in the province to reach a verdict and pronounce sentence. The question is: why did he pick on Gavius?”

Nobody had an answer; nor did we have the spare time to linger in Messana and try to find one. Early the following morning we had to leave for our first official engagement, in the northern coastal town of Tyndaris. This visit set the pattern for a score which followed. The council came out to greet Cicero with full honors. He was conducted into the municipal square. He was shown the standard-issue statue of Verres, which the citizens had been obliged to pay for and which they had now pulled down and smashed. Cicero made a short speech about Roman justice. His chair was set up. He listened to the complaints of the locals. He then selected those which were most eye-catching or most easily proved—in Tyndaris it was the story of Sopater, bound naked to a statue until the town yielded up its bronze of Mercury—and finally either I or one of my two assistants moved in to take statements, which would be witnessed and signed.

From Tyndaris we traveled on to Sthenius’s home city of Thermae, where we saw his wife in his empty house, who sobbed as we delivered letters from her exiled husband, and then ended the week in the fortress port of Lilybaeum, on the extreme western tip of the island. Cicero knew this place well, having been based here when he was a junior magistrate. We stayed, as so often in the past, at the home of his old friend Pamphilius. Over dinner on the first night, Cicero noticed that the usual decorations of the table—a beautiful jug and goblets, all family heirlooms—were missing, and when he asked what had become of them, was told that Verres had seized them. It quickly transpired that all the other guests in the dining room had similar tales to tell. Young Gaius Cacurius had been obliged to give up all his furniture, and Lutatius a citrus-wood table at which Cicero had regularly eaten. Lyso had been robbed of his precious statue of Apollo, and Diodorus of a set of chased silver cups by Mentor. The list was endless, and I should know, for I was summoned to compile it. After taking statements from each of them, and subsequently from all their friends, I began to think that Cicero had gone a little mad—did he plan to catalogue every stolen spoon and cream jug on the island?—but of course he was cleverer than I, as events would show.

We moved on a few days later, rattling down the unmade tracks from Lilybaeum to the temple city of Agrigentum, then up into the mountainous heart of the island. The winter was unusually harsh; the land and sky were iron. Cicero caught a bad cold and sat wrapped in his cloak in the back of our cart. At Henna, a town built precipitously into the cliffs and surrounded by lakes and woods, the ululating priests came out to greet us, wearing their elaborate robes and carrying their sacred boughs, and took us to the shrine of Ceres, from which Verres had removed the goddess’s statue. And here for the first time our escort became involved in scuffles with the lictors of the new governor, Lucius Metellus. These brutes with their rods and axes stood to one side of the market square and shouted threats of dire penalties for any witness who dared to testify against Verres. Nevertheless, Cicero persuaded three prominent citizens of Henna—Theodorus, Numenius, and Nicasio—to undertake to come to Rome and give their evidence.

Finally we turned southeast toward the sea again, into the fertile plains below Mount Aetna. This was state-owned land, administered on behalf of the Roman treasury by a revenue-collection company, which in turn awarded leases to local farmers. When Cicero had first been on the island, the plains of Leontini had been the granary of Rome. But now we drove past deserted farmhouses and gray, untended fields, punctuated by drifting columns of brown smoke, where the homeless former tenants now lived in the open. Verres and his friends in the tax company had fanned out across the region like a ravaging army, commandeering crops and livestock for a fraction of their true value, and raising rents far beyond what most could pay. One farmer who had dared to complain, Nymphodorus of Centuripae, had been seized by Verres’s tithe collector, Apronius, and hanged from an olive tree in the marketplace of Aetna. Such stories enraged Cicero and drove him to fresh exertions. I still cherish the memory of this most urbane of gentlemen, his toga hoisted around his knees, his fine red shoes in one hand, his warrant in the other, picking his way daintily across a muddy field in the pouring rain to take evidence from a farmer at his plow. By the time we came at last to Syracuse, after more than thirty days of arduous travels around the province, we had the statements of nearly two hundred witnesses.

Syracuse is by far the largest and fairest of Sicily’s cities. It is four towns, really, which have merged into one. Three of these—Achradina, Tycha, and Neapolis—have spread themselves around the harbor, and in the center of this great natural bay sits the fourth, known simply as the Island, the ancient royal seat, which is linked to the others by a bridge. This walled city-within-a-city, forbidden at night to Sicilians, is where the Roman governor has his palace, close by the great temples of Diana and Minerva. We had feared a hostile reception, given that Syracuse was said to be second only to Messana in its loyalty to Verres, and its senate had recently voted him a eulogy. In fact, the opposite was the case. News of Cicero’s honesty and diligence had preceded him, and we were escorted through the Agrigentine Gate by a crowd of cheering citizens. (One reason for Cicero’s popularity was that, as a young magistrate, he had located in the overgrown municipal cemetery the 130-year-old lost tomb of the mathematician Archimedes, the greatest man in the history of Syracuse. Typically, he had read somewhere that it was marked by a cylinder and a sphere, and once he had found the monument, he paid to have the weeds and brambles cleared away. He had then spent many hours beside it, pondering the transience of human glory. His generosity and respect had not been forgotten by the local population.)

But to resume: we were lodged in the home of a Roman knight, Lucius Flavius, an old friend of Cicero’s, who had plenty of stories of Verres’s corruption and cruelty to add to our already bulging stock. There was the tale of the pirate captain, Heracleo, who had been able to sail right into Syracuse at the head of a squadron of four small galleys, pillage the warehouses, and leave without encountering any resistance. Captured some weeks later, farther up the coast at Megara, neither he nor his men had been paraded as prisoners, and there were rumors that Verres had exchanged him for a large ransom. Then there was the horrible business of a Roman banker from Spain, Lucius Herennius, who had been dragged into the forum of Syracuse one morning, summarily denounced as a spy and, on Verres’s orders, beheaded—this despite the pleadings of his friends and business associates, who had rushed to the scene. The similarity of Herennius’s case to that of Gavius in Messana was striking: both Romans, both from Spain, both involved in commerce, both accused of spying, and both executed without a hearing or a proper trial.