Lindsey Davis - Falco 15 - The Accusers

by The Accusers(lit)

  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 Metellus, 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. W
hen 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 Metelli, 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.

  There is another interesting point on which I hope Paccius will soon give us clarification: what happens now? He is a trusts expert, so he is bound to know. The problem is this: Saffia Donata has died. She died in childbirth, which for a young married woman is always a tragic possibility. A fate, you may think, that could have been foreseen as possible when Paccius wrote the will. You may indeed feel that a good trusts adviser would have mentioned it to Metellus and asked him to write in alternative provisions; however, that was not done. So now, the will of Metellus has yet to be executed. Saffia can no longer receive her money. Paccius Africanus is the appointed heir. Paccius will have the bequest, with nobody to pass it on to. This-was clearly not the intention of Rubirius Metellus when he wrote that will - under the guidance of Paccius, an inheritance expert. It seems to me, Paccius can now keep everything. I hope you will eventually explain to us, Paccius, whether I am right or wrong?

  Gentlemen of the jury, I am sure you will be seeing plenty of this man, when he is given the floor to defend the accused. He was close to her husband, and he has remained indispensable to members of the family. When Rubiria Juliana, the elder daughter, was accused by Silius Italicus of killing her father, it was Paccius who defended - which I must say, he did with extraordinary skill. You may have heard that he actually persuaded the apothecary who was supposed to have supplied the poison to take one of his own pills in open court, in order to demonstrate his claim that they were harmless. I shall not be asking anyone to swallow the hemlock which we believe did finally kill Metellus. It was bought by a man called Bratta; he is an intermediary who works with Paccius. At least, that Bratta bought the poison is what I believe, on the evidence of a reliable witness who sold him the hemlock, though Bratta has suddenly disappeared from Rome, so we cannot ask him.

  Let me sum up: Tomorrow my colleague Honorius will return to the details of the killing. He will talk about the poison and its terrible effects; he will discuss who suggested it to Calpurnia, and who then bought it for her to use. Poisoning her husband was her idea, she administered the fatal dose, and she covered up the murder. But we know she had consulted the family adviser, Paccius Africanus, about whether her husband ought to live or to die. Awkwardly, she was asking him, the appointed heir, to advise on whether the time had come for him to enjoy his bequest. He told her that Rubirius Metellus should die. He then supplied the man who bought the poison that she used.

  When Paccius Africanus begins to defend Calpurnia Cara - which undoubtedly he will do with great skill - I hope that what I have said today will stay in your memory and help you, gentlemen, to view his fine words in their proper context.

  XLIII

  I WAS FEELING good. I should have known better.

  There was a noisy breaking up of the court, with much chatter among the jury members. This was better than we could ever have hoped. They were not only taking an interest, they were enjoying themselves. Marponius, backside prominent, strutted off in procession; he afforded me a gracious head gesture. If I had impressed him, we were home. Forget any belief in the impartiality of juries. No judge allows wishy-washy freethinking in his court. He makes sure the benchers know exactly how to vote. What would be the point of a presiding judge, if he just read out the verdict when the voting urns were emptied and the count taken?

  Marponius might be a jumped-up new man scrabbling shamelessly for recognition, but from where I stood he had one advantage. He and I were both Aventine boys. He had made his way with the encyclopaedia cribs, where mine was through a different route - but we both grew up in the shadow of the Temple of Ceres, we both played in the gutters under the Aqua Marcia, we had the same mud on our boots and we recognised one another for lowborn tykes with equal disadvantages and the same points to prove. If the senatorials tried to be too clever, Marponius would side with me. If the fancy troupe got up my nose, I might even start flattering Marponius. I was despised as a low-grade informer, but he too was despised - as a selfmade interloper.

  I had gone into this with huge anxiety. Now I cheered up. By the end of that day we had made serious progress. Paccius and his client hurried off, a little too fast to impress anyone. Calpurnia looked grim. She must think her choice of defender had damned her. Silius was still standing about, but after my insinuations of collaboration, he had to distance himself from Paccius.

  I Joined Honorius and Aelianus. Holding our elation in check in public, we gathered up our scrolls and styluses.

  An usher approached me. `Didius Falco? There is a man waiting to speak to you, outside the court.’ I decided to take no
notice. I was exhausted. But anyone who wanted me would soon see me emerge from the Basilica. For all the observers, it was important that Honorius, Aelianus and I stuck in a tight group, smiling together and looking confident. Keeping up an air of suave good cheer, we all walked briskly through the colonnades to the exterior.

  The Basilica Julia has several steps leading down from it, steeper at one end, then petering away to cater for a rise in the Forum level nearer to the Capitol. Most of the jury members were still milling about on the long steps, where as if by chance they formed an inquisitive audience. I noticed Silius Italicus very near, looking watchful. Not far away lurked Anacrites. I could even see Helena Justina, standing down at street level; she waved to me, then I saw her falter. Her father was not there; we had agreed he would sit in the upper gallery while I spoke, then he and I would not be seen together.

  By magic, as I appeared through the colonnade, everyone parted. A man I had never seen before had planted himself a few levels below, waiting for me. We had the whole Forum stretched out around us. Behind me Honorius muttered abruptly, `Shit, Falco!’ He stopped himself Aelianus breathed in sharply. Like me, he cannot have known what was happening, but we all sensed trouble.