Imperium

Roll VI

FAR FROM DETERRING HIM, his conversation with Servilia and his visit to Scipio convinced Cicero that he would have to move even more quickly than he had planned. On the first day of January, in the six hundred and eighty-fourth year since the foundation of Rome, Pompey and Crassus took office as consuls. I escorted Cicero to the inaugural ceremonies on Capitol Hill, and then stood with the crowd at the back of the portico. The rebuilt Temple of Jupiter was at that time nearing completion under the guiding hand of Catulus, and the new marble pillars from Mount Olympus and the roof of gilded bronze gleamed in the cold sunshine. According to tradition, saffron was burnt on the sacrificial fires, and those yellow flames, the smell of spice, the shiny clarity of the winter air, the golden altars, the shuffling, creamy white bullocks awaiting sacrifice, the white and purple robes of the watching senators-all of it made an unforgettable impression on me. I did not recognize him, but Verres was also there, Cicero told me afterwards, standing with Hortensius: he was aware of the two of them looking at him and laughing at some shared joke.

For several further days nothing could be done. The Senate met and heard a stumbling speech from Pompey, who had never before set foot in the chamber, and who was able to follow what was happening only by constant reference to a bluffer’s guide to procedure, which had been written out for him by the famous scholar Varro, who had served under him in Spain. Catulus, as usual, was given the first voice, and he made a notably statesmanlike speech, conceding that, although he opposed it personally, the demand for the restoration of the tribunes’ rights could not be resisted, and that the aristocrats had only themselves to blame for their unpopularity. (“You should have seen the looks on the faces of Hortensius and Verres when he said that,” Cicero told me later.) Afterwards, following the ancient custom, the new consuls went out to the Alban Mount to preside over the celebrations of the Latin Festival, which lasted four days. These were followed by another two days of religious observance, during which the courts were closed. So it was not until the second week of the new year that Cicero was finally able to begin his assault.

On the morning that Cicero planned to make his announcement, the three Sicilians-Sthenius, Heraclius, and Epicrates-came openly to the house for the first time in half a year, and together with Quintus and Lucius they escorted Cicero down the hill into the Forum. He also had a few tribal officials in his train, mainly from the Cornelia and the Esquilina, where his support was particularly strong. Some onlookers called out to Cicero as he passed, asking where he was going with his three strange-looking friends, and Cicero responded cheerfully that they should come along and see-they would not be disappointed. He always liked a crowd, and in this way he ensured he had one as he approached the tribunal of the extortion court.

In those days, this court always met before the Temple of Castor and Pollux, at the very opposite end of the Forum to the Senate House. Its new praetor was Acilius Glabrio, of whom little was known, except that he was surprisingly close to Pompey. I say surprisingly because, as a young man, he had been required by the dictator Sulla to divorce his wife, even though she was then pregnant with his child, and yield her in marriage to Pompey. Subsequently this unfortunate woman, whose name was Aemilia, died in childbirth in Pompey’s house, whereupon Pompey returned the infant-a son-to his natural father; the boy was now twelve, and the joy of Glabrio’s life. This bizarre episode was said not to have made the two men enemies but friends, and Cicero gave much thought as to whether this was likely to be helpful to his cause or not. In the end he could not decide.

Glabrio’s chair had just been set up for him, the signal that the court was ready to open for business, and it must have been cold, for I have a very clear memory of Glabrio wearing mittens and sitting beside a charcoal brazier. He was stationed on that platform which runs along the front of the temple, halfway up the stairs. His lictors, their bundled rods over their shoulders, were standing in line, stamping their feet, on the steps beneath him. It was a busy spot, for as well as housing the extortion court, the Temple of Castor was the venue of the Bureau of Standards, where tradesmen went to check their weights and measures. Glabrio looked surprised to see Cicero with his train of supporters advancing toward him, and many other curious passersby turned to watch. The praetor waved to his lictors to let the senator approach the bench. As I opened the document case and handed Cicero the postulatus, I saw anxiety in his eyes, but also relief that the waiting was finally over. He mounted the steps and turned to address the spectators.

“Citizens,” he said, “today I come to offer my life in service to the Roman people. I wish to announce my intention to seek the office of aedile of Rome. I do this not out of any desire for personal glory, but because the state of our republic demands that honest men stand up for justice. You all know me. You know what I believe in. You know that I have long been keeping an eye on certain aristocratic gentlemen in the Senate!” There was a murmur of approval. “Well, I have in my hand an application to prosecute-a postulatus, as we lawyers call it. And I am here to serve notice of my intention to bring to justice Gaius Verres for the high crimes and misdemeanors committed during his term as governor of Sicily.” He waved it above his head, finally extracting a few muted cheers. “If he is convicted he will not only have to pay back what he has stolen: he will lose all civil rights as a citizen. Exile or death will be his only choices. He will fight like a cornered animal. It will be a long, hard battle, make no mistake, and on its outcome, I hereby wager everything-the office I seek, my hopes for the future, the reputation which I have risen early and toiled in the heat to gain-but I do so in the firm conviction that right will prevail!”

And with that he marched up the remaining few steps to Glabrio, who was looking mightily bemused, and gave him his application to prosecute. The praetor glanced at it quickly, then passed it to one of his clerks. He shook Cicero’s hand-and that was it. I am afraid the whole business had fallen embarrassingly flat, the trouble being that Rome was constantly witnessing individuals declaring their intention to run for some office or another-at least fifty were elected annually-and nobody saw Cicero’s announcement in quite the same historic terms as he did. As for the prosecution, it had been more than a year since he had stirred up the original excitement about Verres, and people, as he frequently remarked, have short memories: they had forgotten all about the wicked governor of Sicily. I could see that Cicero was suffering a dreadful sense of anticlimax, which even Lucius, who was usually good at making him laugh, could not shake him out of.

We reached the house and Quintus and Lucius tried to amuse him by picturing the responses of Verres and Hortensius when they learned that a charge had been laid: the slave running back from the Forum with the news, Verres turning white, a crisis meeting summoned. But Cicero would have none of it. I guessed he was thinking of the warning Servilia had given him, and the way Hortensius and Verres had laughed at him on inauguration day. “They knew this was coming,” he said. “They have a plan. The question is: what? Do they know our evidence is too weak? Is Glabrio in their pocket? What?”

The answer was in his hands before the morning was out. It came in the form of a writ from the extortion court, served upon him by one of Glabrio’s lictors. He took it with a frown, broke open the seal, read it quickly, and then said a soft “Ah…”

“What is it?” asked Lucius.

“The court has received a second application to prosecute Verres.”

“That is impossible,” said Quintus. “Who else would want to do that?”

“A senator,” replied Cicero, studying the writ. “Caecilius Niger.”

“I know him,” piped up Sthenius. “He was Verres’s quaestor, in the year before I had to flee the island. It was said that he and the governor quarreled over money.”

“Hortensius has informed the court that Verres has no objection to being prosecuted by Caecilius, on the grounds that he seeks ‘personal redress,’ whereas I, apparently, merely seek ‘public notoriety.’”

We all looked at one another in dismay. Months of work seemed to be turning to dust.

“It is clever,” said Cicero ruefully. “You have to say that for Hortensius. What a clever devil he is! I assumed he would try to have the whole case thrown out without a hearing. I never imagined that instead he would seek to control the prosecution as well as the defense.”

“But he cannot do that!” spluttered Quintus. “Roman justice is the fairest system in the world!”

“My dear Quintus,” replied Cicero with such patronizing sarcasm it made me wince, “where do you find these slogans? In nursery books? Do you suppose that Hortensius has dominated the Roman bar for the best part of twenty years by playing fair? This is a writ. I am summoned before the extortion court tomorrow morning to argue why I should be allowed to bring the prosecution rather than Caecilius. I have to plead my worth before Glabrio and a full jury. A jury, let me remind you, that will be composed of thirty-two senators, many of whom, you may be sure, will recently have received a New Year’s gift of bronze or marble.”

“But we Sicilians are the victims!” exclaimed Sthenius. “Surely it must be for us to decide whom we wish to have as our advocate?”

“Not at all. The prosecutor is the official appointee of the court, and as such a representative of the Roman people. Your opinions are of interest, but they are not decisive.”

“So we are finished?” asked Quintus plaintively.

“No,” said Cicero, “we are not finished,” and already I could see that some of the old fight was coming back into him, for nothing roused him to greater energy than the thought of being outwitted by Hortensius. “And if we are finished, well then, at least let us go down with a fight. I shall start preparing my speech, and you, Quintus, will see if you can prepare me a crowd. Call in every favor. Why not give them your line about Roman justice being the fairest in the world, and see if you can persuade a couple of respectable senators to escort me to the Forum? Some might believe it. When I step up to that tribunal tomorrow, I want Glabrio to feel that the whole of Rome is watching him.”

NO ONE CAN REALLY CLAIM to know politics properly until he has stayed up all night writing a speech for delivery the following day. While the world sleeps, the orator paces by lamplight, wondering what madness ever brought him to this occupation in the first place. Arguments are prepared and discarded. The exhausted mind ceases to have any coherent grip upon the purpose of the enterprise, so that often-usually an hour or two after midnight-there comes a point where failing to turn up, feigning illness, and hiding at home seem the only realistic options. And then, somehow, just as panic and humiliation beckon, the parts cohere, and there it is: a speech. A second-rate orator now retires gratefully to bed. A Cicero stays up and commits it to memory.

Taking only a little fruit and cheese and some diluted wine to sustain him, this was the process Cicero went through that evening. Once he had the sections in order, he released me to get some sleep, but I do not believe that he saw his own bed for even an hour. At dawn he washed in freezing cold water to revive himself and dressed with care. When I went in to see him, just before we left for court, he was as restless as any prizefighter limbering up in the ring, flexing his shoulders and rocking from side to side on the balls of his feet.

Quintus had done his job well, and immediately the door was opened we were greeted by a noisy crowd of well-wishers, jammed together all the way up the street. In addition to the ordinary people of Rome, three or four senators with a particular interest in Sicily had turned out to demonstrate their support. I remember the taciturn Gnaeus Marcellinus, the righteous Calpurnius Piso Frugi-who had been praetor in the same year as Verres, and despised him as a scoundrel-and at least one member of the Marcelli clan, the traditional patrons of the island. Cicero waved from the doorstep, hoisted up Tullia and gave her one of his resounding kisses, and showed her to his supporters. Then he returned her to her mother, with whom he exchanged a rare public embrace, before Quintus, Lucius, and I cleared a passage for him and he thrust his way into the center of the throng.

I tried to wish him luck, but by then, as so often before a big speech, he was unreachable. He looked at people but he did not see them. He was primed for action, playing out some inner drama, rehearsed since childhood, of the lone patriot, armed only with his voice, confronting everything that was corrupt and despicable in the state. As if sensing their part in this fantastic pageant, the crowd gradually swelled in number, so that by the time we reached the Temple of Castor there must have been two or three hundred to clap him vigorously in to court. Glabrio was already in his place between the great pillars of the temple, as was the panel of jurors, among whom sat the menacing specter of Catulus himself. I could see Hortensius on the bench reserved for distinguished spectators, examining his beautifully manicured hands and looking as calm as a summer morning. Next to him, also very easy with himself, was a man in his mid-forties with reddish, bristling hair and a freckled face, whom I realized must be Gaius Verres. It was curious for me to actually get a good look at this monster, who had occupied our thoughts for so long, and to find him so ordinary looking-more fox than boar.

Two chairs had been put out for the contesting prosecutors. Caecilius was already seated, with a bundle of notes in his lap, and did not look up when Cicero arrived, but nervously preoccupied himself with study. The court was called to order and Glabrio told Cicero that he, as the original applicant, must go first-a significant disadvantage. Cicero shrugged and rose, waited for absolute quiet, and started slowly as usual, saying that he assumed people might be surprised to see him in this role, as he had never before sought to enter any arena as a prosecutor. He had not wanted to do it now, he said. Indeed, privately he had urged the Sicilians to give the job to Caecilius. (I almost gasped at that.) But, in truth, he said, he was not doing it simply for the Sicilians. “What I am doing I do for the sake of my country.” And very deliberately he walked across the court to where Verres was sitting and slowly raised his arm to point at him. “Here is a human monster of unparalleled greed, impudence, and wickedness. If I bring this man to judgment, who can find fault with me for doing this? Tell me, in the name of all that is just and holy, what better service I can do my country at the present time!” Verres was not in the least put out, but grinned defiantly at Cicero and shook his head. Cicero stared at him with contempt for a while longer, then turned to face the jury. “The charge against Gaius Verres is that during a period of three years he has laid waste the province of Sicily-that he has plundered Sicilian communities, stripped bare Sicilian homes, and pillaged Sicilian temples. Could all Sicily speak with a single voice, this is what she would say: ‘All the gold, all the silver, all the beautiful things that once were in my cities, houses, and temples: all these things, you, Verres, have plundered and stolen from me; and on this account I sue you in accordance with the law for the sum of one million sesterces!’ These are the words all Sicily would utter, if she could speak with a single voice, and as she cannot, she has chosen me to conduct her case for her. So what incredible impudence it is that you”-and now he finally turned to Caecilius-“that you should dare to try to undertake their case when they have already said they will not have you!”

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?”