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 pla

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 pla

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 a

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 a

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 ru

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 ca

“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.”