SPQR X: A Point of Law

by John Maddox Roberts

  The Metelli were already gathering by the western end of the podium: my father, Creticus, Nepos, and Metellus Scipio, accompanied by their huge rabble of supporters, along with many friends and colleagues, some of them personally devoted to the Metelli, others merely opposed to the same people. Cato was there, and I welcomed his support as heartily as I disliked him personally.

  To the other side, I saw a great pack forming, many of them old Clodians hoping to witness my downfall, some of them the men I had seen with Marcus Fulvius. I was curious to see whether any of the Marcelli would make an appearance among them, but I saw none of them. Perhaps it was too early. Or perhaps they were having second thoughts about the whole affair.

  Father looked disgusted when I walked up, surrounded by my entourage.

  “Did you have to show up like an invading army?” he spat.

  “No choice. They’ve appointed themselves my bodyguard.” I scanned the bleachers, where the jury, wearing their narrow-striped tunics, were only beginning to take their places. The podium was as yet deserted. “Is there someplace where we can discuss this business before the proceedings begin?”

  “It’s a little late for discussion,” Father said, “but if you’ve anything to tell us, just have your little army give us some space.”

  So the soldiers formed a ring around us and held the crowd back. Scipio gave me a quick rundown of the day’s procedure.

  “Cato will lead off. He’s not a member of the family and is known to oppose us on many policies, so he’ll be respected as an impartial speaker. He’ll challenge the constitutionality of this court so we’ll have groundwork laid for a retrial if you should be convicted. That will mean you can’t stand for election tomorrow, but there will be other years. Then he’ll laud your good character and defame the late Marcus Fulvius. Then he’ll introduce the speakers, all of them prominent men, who will shout what a wonderful person you are.

  “It will then be the other side’s turn to bring on the accusations against you.”

  “Who is to prosecute?” I asked.

  “Manilius himself,” said Creticus.

  “What? A serving tribune? Is that legal?” This I had not anticipated.

  “Apparently there is no law that specifically forbids such a thing,” Cato told me. “Tribunes are usually too busy for such activities, but this is Manilius’s last day in office, and the exposure will benefit his campaign for the aedileship.”

  “What did you want to tell us?” Father said. “Time is short.”

  So I began a precise description of my findings. Before I was halfway through, their fallen faces told me that this was not going down well. Father cut me off with a short, savage gesture.

  “Cease this nonsense! A secret code? A Greek mathematician, and a woman at that? Are you mad?”

  “A conspiracy among three of the most prominent men of the state?” Scipio cried, going scarlet. “One of them a sitting consul! Another almost certain to be elected consul for next year?”

  “And,” Nepos said pitilessly, “yet another plot on behalf of a twelve-year-old boy? And concocted by a Julian woman?” He turned to Father. “Cut-nose, maybe we’d be best advised to get up there, declare him insane, and hustle him out of Rome as quickly as possible.”

  “Nonsense,” Cato said, calmly for once. “I’ve seen him like this before. He’ll get over it. Decius, forget all this drivel, even if it’s true. You have no evidence, no witnesses. For legal purposes, none of it happened. We’ll do this the old-fashioned way, the way our ancestors did it.” This, for Cato, being the ultimate encomium for anything at all.

  Pompey pushed his way through to us, the soldiers parting before him by sheer habit.

  “What is the meaning of this?” he demanded. “As if that absurd demonstration yesterday wasn’t enough, now I have two packs of thugs elbowing each other in the Forum!”

  “Two?” I said. Then, “Oh, I suppose Curio is here. Don’t worry about these soldiers, Proconsul. They’ll disperse as soon as the trial is over. Curio’s lot you are going to have to contend with for a while, I fear. When I have time a little later I’ll tell you all about Pisistratus.”

  “Pisistratus! The tyrant of Athens? Cut-Nose, is your son completely crazy?”

  “We’ve been discussing that very possibility, Proconsul, but Cato is of the opinion that it’s a passing phase. I myself am not so sure.”

  Pompey shrugged. “Well, being mad never stopped anyone from being elected praetor before this. But I’ll not have a great show of force here in the Forum on the day before the election.”

  “We’re Metelli,” said Creticus, “not Claudians or Antonii or any other sort of congenital criminals. We’ll do this the proper way and abide peacefully by the decision of the court.”

  “See you do. I’m going to go talk with Curio now, and see if I can get him to disperse his gang. Pisistratus, indeed!” He bustled off, and I could understand his anger. For a year his proudest boast had been that he had cleared Rome of the criminal-political gangs that had plagued us for generations. Now it looked as if his good work was being undone.

  The bleachers were now almost full, my jury, each man wearing the narrow purple stripe and gold ring of his equestrian status, taking his place. They were a prosperous-looking lot, wealthy and usually self-made. Such men could be counted on to dislike an aristocrat like me. On the other hand, they had little love for the Clodian rabble. We were even there.

  The Tribunes of the People were seating themselves, arranging their plain togas, which lacked the purple border despite their great power. Their tunics likewise lacked the senatorial stripe, although they could attend Senate meetings and interpose their veto there. They would enter the Senate as full members in the following year.

  As the tribunes sat I identified them and almost reflexively rated each according to the political obsession of the day. From the left: Caelius, pro-Caesar; Vinicius, pro-Caesar; Vibius Pansa, pro-Caesar; Cornelius, pro-Caesar; Nonius, pro-Caesar; Minucius, anti-Caesar; Didius, anti-Caesar; Antistius, anti-Caesar; Valerius, anti-Caesar and, last of all on the right end of the bench, that unknown quantity, Publius Manilius.

  When all were present, Manilius stood and gestured for silence. Gradually, the babble of the multitude was stilled.

  “Citizens!” he began. “I, Tribune of the People, Publius Manilius Scrofa, declare these proceedings to be open. In the contio of the Plebeian Order, this matter was deemed worthy of trial before the comitia tribute and thus we shall proceed.

  “The accused”—here he gestured in my direction—“is Decius Caecilius Metellus, a senator of Rome, charged with the murder of Marcus Fulvius, citizen of Rome, formerly resident in Baiae, at the time of his death dwelling in the Temple of Tellus district. Is the defense ready to present opening arguments?”

  “We are!” Father shouted.

  “Then ascend the podium and address the people of Rome.”

  We climbed the steps in stately fashion; a gaggle of Metelli, along with Cato and a number of prominent men, some of them exconsuls, to attest to my character.

  “Who speaks for you?” Manilius demanded.

  Cato stepped forward. “I am Senator Marcus Porcius Cato, a friend of the accused, and I will prove his innocence of these base charges.”

  “Proceed,” said Manilius. He pointed to the slave who stood by the old bronze water clock. The man pulled out its stopper and water began to drain into a large glass beaker that was graduated to reveal the passing minutes. Opening arguments would be over as soon as the beaker was full. A good Roman lawyer could time his argument to the syllable.

  “First,” Cato began, “I must protest this wretched, unconstitutional trial. The contio that called for it was informal, and there were no sacrifices. Auguries were not taken. The gods of the state were not called upon to witness, and so it is invalid. The comitia tributa has no power to try a capital case, and I assure everyone here that that is just what they will try to make of it!” Cato had an unpleasant voice, but
he also had a masterful command of a sort of old-fashioned, almost sacerdotal Latin that was extremely impressive in events of this nature. He completely eschewed the florid, embroidered rhetoric practiced by Hortalus.

  Then Cato launched into his oration. He spoke of the glory of my family, naming its many censors, consuls, and praetors, and of the battles won by Metellan generals. He spoke of my early career, of my service in the rebellion of Sertorius, in the suppression of the Catilinarian conspiracy, in the war in Gaul, most recently in my little campaign that very year against an outbreak of piracy near Cyprus.

  He then launched into my political career, citing my many investigations against criminals and criminal activities, my quaestorship, during which I had infiltrated Catilina’s ranks, my unprecedented double aedileship, when I had not only cleaned up the streets and sewers, but had vigorously prosecuted the crooked building contractors whose shoddy practices had cost so many citizens lives (nobody counted the dead slaves and foreigners). He cited the games I had celebrated, including the funeral games for Metellus Celer, at which I had presented a munera where an uncommon number of famous champions had come out of retirement to fight. Milo had been responsible for this, but I got the credit. There were murmurs of appreciation from the crowd. Everybody had loved those games.

  When the beaker was full, Cato stopped and my character witnesses came forward. Some swore before all the gods that I was as virtuous a Roman as any since Numa Pompilius. All swore that I was incorruptible (actually, few people had considered me worth corrupting). All extolled the worthiness of my ancestors. Those who had been praetors told of important investigations I had undertaken for them. At one time I had been something of a professional iudex.

  Then Cato resumed his oration. The water clock was reset for this phase, always the most enjoyable part of a trial: denunciation of the other side.

  “Who,” cried Cato, “was this Marcus Fulvius? He was a nobody from nowhere. He was a resident, not of Rome, but of Baiae, that sordid cesspool of every sort of luxury, vice, and perversion! Can there be any doubt that Marcus Fulvius was himself the very embodiment of all that is vile, disgusting, and un-Roman? Citizens! Did you all not, just yesterday, see that insolent fool’s own sister, the most notorious whore in Rome, climb upon the Rostra—that monument of our ancient greatness—and put on the most unholy, scandalous, and lascivious display ever to offend the eyes of the public?” At this the audience cheered and whistled. “Has Rome seen so horrid a woman since Tullia ran over her own father with a chariot?”

  Here Curio and his claque booed, hissed, shouted, and made rude gestures. Cato ignored them.

  “The gods of Rome,” he went on, working himself up to a foaming frenzy, “must be appalled! First, that we even allow this hideous family to reside among us, polluting the sacred precincts of Romulus. Second, that we should even consider a trial of this virtuous young Roman for the murder of one of them! Rather, the Senate should declare days of thanksgiving to the gods for the death of Marcus Fulvius. There should be holidays and rejoicing! We should deck the temples in festive array, people should feast their neighbors and give sacrifices in gratitude that Marcus Fulvius no longer offends the sight of gods and men!”

  “Cato’s in fine form today,” muttered someone behind me.

  “This is extreme even for him,” Father said. “There’s such a thing as going too far in a denunciation.”

  “It’s traditional,” said Scipio, with a shrug in his voice.

  “Where is the evidence,” Cato went on, “that Decius Caecilius Metellus the Younger slew Marcus Fulvius, richly though that man deserved it? He spent almost the entirety of that night together with the most illustrious men in Rome, not only the great men of his family, but the distinguished consular Hortensius Hortalus and the estimable Appius Claudius!

  “Can it be a matter for wonder that Marcus Fulvius ended up dead? A man like him can number his enemies as an astronomer enumerates the stars! The only cause for wonder is that he could step from his doorway even once without being set upon by the hordes of those he had mortally offended, each of them bent upon revenge and justice! How many aggrieved, cuckolded husbands must have thirsted for his blood? How many fathers of children debauched by Marcus Fulvius must have whetted their daggers in anticipation of that blessed consummation?”

  He went on in this vein for some time, making Fulvius sound like a greater menace to Rome than Hannibal had ever been, while I was a savior to compare with Quintus Fabius Maximus Cunctator. It was, as Scipio had intimated, a conventional defense. It was just that Cato was better at the vituperative part than almost anybody. Only Cicero, on one of his best days, could match him.

  He ended up with, “Let no tear be shed in Rome for the likes of Marcus Fulvius. Allow the name of this loathsome wretch to be forgotten by all honorable citizens. Let his ashes be entombed in Baiae, along with all the fornicators, whores, and catamites of that accursed city, whose entitlement to Roman citizenship was one of the great moral failings of Roman policy. Let us instead rejoice that we have, and will continue to have, the unstinting, patriotic services of Decius Caecilius Metellus the Younger, a soldier, a statesman, a seeker after justice, a smiter of the wicked and protector of the innocent, whose illustrious ancestors have adorned our city in glory for centuries. Romans, you must find him innocent, even of this crime that was no crime at all!” And with the last word the water clock was empty and the beaker was full.

  It was a wonderful performance, and the applause was loud and lasted a long time. Then Manilius rose from his bench and the noise abated. The slave put in the plug, hoisted the beaker and poured the water back into the bronze cylinder of the clock. He set the beaker back under the spout and, at the tribune’s nod, removed the plug again.

  “Citizens,” he began, in a voice that was not strident like Cato’s but carried as far, “the illustrious Marcus Porcius Cato has provided us with splendid entertainment but little of substance. As to the constitutionality of this court, it is a favor to the esteemed Senator Metellus that we hold it at all. When the late Marcus Fulvius leveled his charges against the senator, the praetor Marcus Juventius Laterensis scheduled a trial in his court for the next day, in violation of the usual custom. And why was this? Because, as all know, it is election time. Any trial not held now will have to be carried over into next year, with a new set of magistrates in office. That would mean that the senator could not stand for praetor in tomorrow’s election, and would he wish that?”

  Voices throughout the crowd proclaimed that this would certainly not be the case. I tried to make out who was saying this, but couldn’t discern much in the sea of faces. Probably Manilius’s clients, I thought, whose duty it was to applaud and repeat their patron’s most telling points. My own would do the same.

  “As for the competence of the comitia tribute to try a capital case, that is debatable, but it is not at issue here. Roman justice does not call for the death penalty to be applied against a Roman citizen for the slaying of another, save in very special, narrow circumstances. Citizens,” here his gestures, expression, and tone conveyed great sadness, “the sorry fact is that we have become so accustomed to murder that we are no longer shocked by it. A slaughter that once would have roused the public to fury is now greeted with shrugs and yawns. This, even when the victim is of senatorial status. And who has brought us to such a pass? Why, the senators themselves, who, from being the dispensers of justice, have become the perpetrators of internecine butchery!” Now his voice climbed in high emotion.

  “I don’t like the sound of this,” Scipio said behind me. All the others agreed.

  “Have we not all seen,” Manilius went on, “how these supposed ‘conscript fathers’ have schemed and conspired against one another for power, prestige, and honor? One after another has trodden upon the bodies of the others to make himself ‘first among equals,’ only to be brought down in his turn. Cneaus Pompeius Magnus”—here he extended a finger toward Pompey—“has inveighed against the viole
nt street gangs and taken action to drive them from Rome. But who was behind those gangs? Were they enriching themselves? Nonsense! Were they advancing the cause of the people? Laughable! No, they were each and every one in the employ of one or another of the little senatorial cliques, of vile, ambitious men who keep their own hands clean while ordering others to do the dirty work!”

  The crowd vented an ugly grumble. This was looking bad. What made it worse was that everything he said was perfectly true.

  “He’s not talking like a prosecutor,” Father said. “He’s talking like a candidate!”

  “What’s the difference?” asked Creticus, setting off a nervous chuckle from the others.

  “And now,” Manilius went on, “absolutely no one is surprised that an obscure man, a man of great family but one who had not yet won distinction in Rome, was murdered. And why? Because he had shown the temerity to attack, openly and honestly, a member of one of the Senate’s most powerful families! Did he attack this Metellus from behind, at night, with a dagger? No! He accused him openly of criminal malfeasance on Cyprus, took his accusation to a praetor, and then went to the Forum and sought out Metellus, repeating the charges in public, to his face. Are these the actions of a cowardly, dishonest, conniving wretch? Are these not, rather, the actions of a man devoted to the service of the state in the greatest Roman tradition?” This was received with an angry, frightening cheer. Gaul was sounding better by the minute.

  “The esteemed senator Marcus Porcius Cato,” he drove on relentlessly, giving an amazingly contemptuous twist to the word “esteemed,” “has denounced the family of Marcus Fulvius as infamous. Upon what basis does he make this scurrilous charge? Residence at Baiae? Only Cato, that upright, righteous defender of Roman virtue, could find fault with that lovely resort city, where Cicero, Hortensius Hortalus, and Gnaeus Pompeius Magnus himself all own villas!” This time there was derisive laughter, which was at least better than the angry growl.