The Accusers

by Lindsey Davis

  Why am I talking so much about myself? Because of this: my profession, if I may boldly call it that, is that of the informer. I hardly know how I can have named it - for informing is so often a term of abuse. If we were to go out into the Forum Romanorum now this minute, and ask passers-by to define informers, I believe their answers would include: immoral patricians, men who are intent on rising rapidly despite lack of personal talent, men without principle, and lowborn toadies hanging around the skirts of power. They might describe vicious ambition and pitiless manoeuvring. They might suggest that informers target victims for their own benefit, under cover of serving society by cleaning it up. They would undoubtedly complain about men who leap from extreme poverty into questionable wealth, men of insignificance who acquire inexplicable prestige. They would say that informers ruthlessly attack their victims, using means that are often of doubtful legitimacy. Worst of all, remembering the excesses and abuses under emperors like Nero, a creature now 'damned to the memory' for his appalling crimes, people would fear that the role of informers may be still that of secret, subversive informants, whispering poison in the ear of the Emperor.

  In making these statements about my own profession, I am speaking to my disadvantage, but I want to show you how fair I am. I know that these are the opinions of many, but I hope to suggest that there is another view. I put to you that ethical informers do exist. They do valuable work, their ambition is commendable, and their motives have morality and integrity. I myself have taken up causes where I knew there would be no financial reward, merely because I believed in the principles involved. Of course you are laughing -

  They certainly were. Mind you, they were all listening.

  Well, that shows you what an open and honest man I am!

  More laughter. With my thumbs tucked into my belt under my toga, I was grinning myself. Thinking about it, I removed the thumbs.

  Perhaps the worst prejudice against informers is that they have, in the past, involved themselves in manipulating government. Fortunately, it is well known that our new Emperor, Flavius Vespasianus, abhors such -behaviour. He is famous for opposing secrecy in political circles. One of the first acts of his administration - before Vespasian himself even returned to Rome from Judaea as Emperor - was to require all senators who had acted as informers under Nero to swear a solemn oath about their past actions. Without swearing the oath, such people would no longer be acceptable in public life. Honourable men would in this way exonerate themselves from the taints of the past. But any who perjured themselves would be prosecuted - as some were...

  'Objection!' Paccius was on his feet. 'None of this has relevance.'

  Marponius was eager to do me down - but he wanted to know what was coming. 'Falco?'

  'Your honour, I shall show that the accused and her family have associations with informers of the type I am now discussing. Their connection directly affects what happened to Rubirius Metellus.'

  'Objection denied!'

  Paccius, accustomed to unfair rulings from judges, was already resuming his seat. Was I wrong, or did he glance sideways at Silius? Certainly Silius leaned forwards as if he had a monumental stomach ache in that overfed gut.

  Marponius, who normally hunched slackly, had sat bolt upright on his judicial stool. Nobody had warned him that this seemingly domestic killing might have a political dimension. Luckily, he was too dim to be frightened, though even he realised that my naming Vespasian meant the Palace would inevitably focus on his court. Paccius and Silius were now staring at Marponius as if they expected him to warn me to exercise caution.

  A better judge would have stopped me.

  Gentlemen of the jury, I want to take you back - briefly, let me reassure you - to those heady days immediately after Vespasian accepted imperial power. You will clearly remember the turmoil of those times. Nero's reign had disintegrated into madness and chaos. The Empire was in uproar, the city lay in ruins, people everywhere were battered and grief-stricken. Armies had trampled through the length and breadth of the provinces, some were in open rebellion. We lived through what is now called the Year of the Four Emperors - Nero, Galba, Otto, Vitellius. Then we welcomed the fatherly figure who brought us rescue from that terror -

  I was concentrating on Marponius and the jury. For some reason I noticed Anacrites. He was watching with no expression. But I knew him. I was discussing the imperial family. The Chief Spy was intently noting all I said. When he reported back - as he would report, because that was his job - he would twist it to reflect badly on me.

  I was a fool to do this.

  You will recall that after he departed from Judaea, leaving Titus Caesar to complete the work of crushing the local rebellion, Vespasian travelled first to Egypt. In his absence, Rome was guided on his behalf by the capable duo of young Domitian Caesar and the Emperor's colleague and minister, Mucianus. It was they who assisted the Senate to address the urgent task of rebuilding a peaceful society. It had to be shown that the abuses under Nero would be fiercely nipped out. There was resentment against all those who had destroyed innocent people by making cruel accusations, especially where it had been done from motives of profit. Some wanted recriminations and punishment. The new regime rightly sought peace and conciliation, but it was necessary to show that the evil practices of the past would be ended.

  In this situation, at one of the earliest sessions of the Senate a request was made for permission to examine imperial records from the time of Nero, to see which Senate members had acted as informers. This was an investigation which nobody could undertake lightly. The whole Senate had been forced to collaborate with evil prosecutions and to condemn to death those who were convicted; important men, potential holders of the highest office, would come under scrutiny for having been Nero's prosecutors - a role which, it could be argued, they had been powerless to refuse. Men of undeniable talent might be lost to the new administration if they were disgraced. The Senate might now be torn apart by revelations.

  In his father's absence, Domitian Caesar wisely ruled that the requested inspection of the archives would require the Emperor's personal permission. Instead, senior members of the Senate devised an alternative. Every senator swore an oath - a serious ordeal in itself. Each swore by the gods that he had imperilled no man's safety under Nero and had received no reward or office at the expense of another's misfortune. To decline the oath was a confession of guilt. Known accusers who did take the oath were convicted of perjury.

  'Objection!'

  'Paccius Africanus, I have already considered this. Objection denied.'

  Three prominent informers vanished from our sight for ever: Cestius Severus, Sariolenus Voccula and Nonius Attianus no longer disfigure our courts. Others could not be so certainly identified: consider Tiberius Catius Silius Italicus -

  'Oh objection!'

  'Silius Italicus, you are not taking part in this case. You are not entitled to speak. Objection overruled!'

  As Silius grumpily slumped back in his seat, I saw Paccius lean sideways and mouth something to him. Silius then spoke in an undertone over his shoulder to a junior, the replacement for Honorius, who accompanied him to the daily court sessions. The junior rose and quietly left the hall. Anacrites watched this with great interest. I should have done.

  Silius Italicus is the man who just rose and addressed the judge. Consul two years before Nero went to his death, he was thought to have prosecuted several of Nero's enemies, and to have done so voluntarily. For this he incurred general loathing. Yet later, his decency was not in question - I imagine he will make no objection to the judge when I raise this point - later he negotiated between Vitellius and Vespasian in the cause of peace. Perhaps for that reason, he was never prosecuted for perjury, so you may wonder why I have mentioned him in this section of my speech. My purpose is not to give you a history of an unpleasant aspect of the past, but to show how it affects the accused. Silius Italicus now likes to imply he has given up accusing - yet he it was who laid corruption charges against Rubirius Metel
lus, and in order to recoup his compensation award, he is soon to accuse Metellus Negrinus of killing his father. I was criticised for beginning this discussion of informers, but now, gentlemen, you can see why it is entirely relevant. And there is more.

  Next I shall come to a person whose influence on the Metelli is even more baleful. I have named three famous informers who were tried for perjury. Now let me name another one.

  'Objection!'

  'Sit, Paccius.' Marponius did not even look up from his notes.

  Caius Paccius Africanus - I hardly need to point out that you know him, for he has been so constantly on his feet today that his boot-mender must be expecting plenty of work -

  'Objection!' intervened Marponius wittily. 'The private expectations of the defender's boot-mender have no obvious connection with the case. Unless you are proposing to call the cobbler as a witness -'

  'I withdraw the comment, your honour.'

  'Well, no need to go that far, Falco.' I could see my friend Petronius chortling as Marponius indulged himself. 'We like a good joke in the murders court - though I have heard you do better.'

  'Thank you, your honour. I shall try to improve the quality of my humour.'

  'I am obliged to you. Continue!'

  Let me sketch something of this man, Paccius Africanus. He too is of very great eminence. He has served the state through all the ranks of the cursus honorum and I note, with some amusement, that when he was a quaestor he presented games dedicated to Honour and Virtue! Perhaps Honour and Virtue have been better served.

  He too had been a consul, the year after Silius Italicus. Now when the senators all swore their oaths, Paccius was accused of perjury. Everyone knew he had brought about the deaths of the Scribonius brothers. Paccius had pointed them out to Nero as famous for their wealth and therefore ripe for destruction; at the behest of Nero's obnoxious freedman Helius, the brothers were tried and condemned for conspiracy. Perhaps there really had been a conspiracy. If so, which of us today would think that a conspiracy against the infamous Nero was wrong? Paccius and his colleagues would incur our hatred just as much for revealing it, if the plot were genuine. What is certain is that the Scribonii died. Nero grabbed their wealth. Paccius Africanus presumably received his own reward.

  When he was called to account in the Senate, Paccius could only fall silent, cowed, daring neither to confess nor to admit his actions. It is a measure of the times that one of his most persistent and damaging hecklers in the Senate that day was also an informer, Vibius Crispus - on whom Paccius then roundly turned, pointing out that Vibius had been an accomplice in the very same case, prosecuting the man who was supposed to have hired out his house for the purposes of the alleged conspiracy. Those who had made a living from targeting victims were now targeting each other. What a terrible picture it makes.

  In the event, Paccius Africanus was convicted of perjury. He was then forcibly ejected from the Curia. Yet he has never been stripped of his senatorial rank. Now he endeavours to rehabilitate himself by quiet work in a special court. Perhaps you have noticed how at home he seems to be here in the Basilica Julia; that is because it is his frequent workplace. Paccius is an expert in cases which involve inheritance trusts. He operates in the trusts court which normally meets in this very hall, the court relating to fideicommissum. And that, we shall see, is not just relevant but peculiarly significant.

  Paccius was on his feet again. He had learned: 'Your honour, we are hearing a lengthy speech of great importance. Clearly it will continue for some time yet. May I request a short adjournment?'

  Big mistake. Marponius remembered that his rabbit pie yesterday had caused a pain in his gut. Today, he was giving Xero's pie shop a miss.

  'I am perfectly comfortable. It seems a shame to interrupt such an interesting oration. I would hate to disturb the flow. How about you, Falco?'

  'If your honour allows me to continue, I shall be content to do so.'

  Gentlemen, I am about to address why the connection with Paccius Africanus affects the accused. I shall speak for no more than half an hour.

  When Silius Italicus charged Rubirius Metellus with corruption, Paccius Africanus stepped in to defend Metellus. You may perhaps suppose that it was the first time Paccius had any influence on the family. Not so. Rubirius Metellus had already made his will. He had written and deposited it two years before the corruption charges. Paccius Africanus was the expert who drafted it. That was the famous, very brutal testament in which Metellus disinherited his only son and his wife, leaving them no more than tiny allowances. The bulk of his estate was left, through that type of trust which we call a fideicommissum, to his daughter-in-law, Saffia Donata, of whom my colleague spoke to you previously. Not being allowed to inherit, she was to receive her fortune as a gift from the appointed heir. Now listen to this, please: the appointed heir was Paccius Africanus.

  At this point the jury could no longer contain themselves: a gasp ran around the Basilica.

  I am not an expert in such matters, so I can only speculate on the reasons for this arrangement. You, like me, may very well think it significant that someone who was a trusts expert, who worked in the trusts court on a daily basis, should advise Metellus to use this device - and to nominate himself as its instrument. When I first saw the provision, I can tell you my thought was that informers have a bad reputation for chasing legacies and that this was an example. I believed Paccius Africanus must have set this up so he would in some way obtain all the money himself. Of course I was wrong about that. The holder of a legacy which is governed by a trust will have promised to pass over the money to the intended recipient - and a person of honour will always do so. Once Metellus died, Paccius would obtain the Metellus wealth, but give it to Saffia Donata. Paccius, as the famous saying goes, is an honourable man. I believe it, gentlemen, despite what I have told you about his stricken silence when asked to swear the oath denying harm to others.

  I can see two curiosities, as I will call them, arising from the very particular conditions in our case. I apologise to Paccius for mentioning them; no doubt when he comes to make his speech for the defence he will explain. He is an expert in this field and will understand everything.

  To me, however, it looks rather odd that two years after he advised Metellus on this will -with its strange provisions- it was Paccius Africanus who, in the aftermath of the corruption case, told Metellus that he should commit suicide. Suicide had the specific aim of safeguarding the family wealth - wealth which in form at least had been bequeathed to Paccius. This result was no doubt a sad quirk of Fate, one which cannot possibly have been what Paccius originally intended; he was an ex-consul and pillar of Roman life (even though, as I have told you, he had once been forcibly removed from the Senate for perjury). To have planned something devious regarding the will, he would have had to know, at the time it was written, that corruption charges were to be laid by his colleague Silius Italicus in two years' time. It was surely impossible for him to have known that. For one thing, everybody reckons that Paccius and Silius have a feud.

  I must say if this is right, in my experience it is a rather civilised feud. I have seen them in the Porticus of Gaius and Lucius taking morning refreshments at a pavement bar like long-term friends and colleagues. I suspect they dine together formally, which you would expect in two men of distinction, fellow ex-consuls from adjacent years, who have so many elements in common from their past. After the informing oath, they have both been accepted back as members of the Senate - even the evicted Paccius is now restored as a member - and both must be waiting impatiently to see what further honours will be bestowed upon them. They have too much in common to ignore each other. You, gentlemen, have seen them sitting close together in this court, even though Silius plays no part in our trial. You have seen them talking together during adjournments and even exchanging notes during the speeches. We can all say, these men are close. But that does not entitle us to believe they were part of some carefully planned, drawn-out conspiracy to plunder the Mete
lli, its plot put together at wine bars in a porticus over several years.

  Let me abandon that byway. I apologise for ever beginning it. Paccius had the unpleasant duty - which is how I am sure he must have seen it - of advising his convicted client that the only honourable course was suicide. Paccius was in a very difficult position, one with which we should sympathise. He was about to benefit greatly from the will - even if it was intended that his benefit should be brief. To bring about the premature death of Metellus could look rather bad. I must confess I am a coward. If I had been in his position, I would have been afraid that advising suicide might look so biased it would damage me. I congratulate Paccius on having the bravery to do it.