Authors: Robert Graves
Among the papers that I found at the Palace in Caligula’s private safe were those referring to the trials and deaths, under Tiberius of my nephews Drusus and Nero, and their mother Agrippina. Caligula had-pretended to burn the whole lot at the beginning of his reign, as a magnanimous gesture, but had not really done so, and the witnesses against my nephews and sister-in-law and the senators who had voted for their deaths had been in constant terror -of his vengeance. I went carefully through the papers and called up before me as many as survived of the men mentioned’ in them as having been implicated in these judicial murders. The document which concerned each man was read over to him in my presence and then given into his own hands to burn in the fire before him. I may here mention the cipher dossiers of the private lives of prominent citizens which Tiberius had taken from Livia after Augustus’s death but had been unable to read. Later I managed to decipher them, but they referred to events by this time so out of date that my interest in reading them was more a historical than a political one.
The two most important tasks that now presented themselves were the gradual reorganization of State finances and the abolition of the most offensive of Caligula’s decrees. Neither could, however, be undertaken in a hurry. I had a long conference with Callistus and Pallas about finances immediately after their appointment. Herod was present too; because he probably knew more than any other man living about the raising of loans and the management of debts. The first question that presented itself was how to get hold of ready money for immediate expenses. We agreed to settle this, as I have already explained, by the melting down of gold statues and gold plate and ornaments in the Palace and the gold furniture in Caligula’s temple. Herod suggested that I should add to the money thus realized by borrowing in the name of Capitoline Jove from other Gods whose temple treasuries had become cluttered in the course of the last hundred years or so by useless and showy votive offerings in precious metal. These were mostly the gift of people who wished to call attention to themselves as successful public men, not made in any real, spirit of piety. For instance, a merchant, after a successful trading venture to the East, would present the God Mercury with a golden horn of plenty, or, a successful soldier would present Mars with a golden shield, or a successful lawyer would present Apollo with a golden tripod. Clearly, Apollo could have no use for 200, or 300 gold and silver tripods; and if his father Jove was in need he surely would be only too pleased to lend him a few. So I melted down and minted into coin as many of these votive offerings as I could remove without offending the families of the donors or destroying works of historic or artistic value. For a loan to Jove was the same as a loan to the Treasury. We agreed at this, conference that loans must also be raised from the bankers. We would promise them an attractive rate of interest. But Herod said that the most important thing was to restore public confidence and so force back into circulation the money that had been hoarded, by nervous businessmen. He declared that although a policy of great economy was necessary, economy could be carried too far. It must not be interpreted as meanness. ‘Whenever I ran short of money,’ he said, ‘in my needy days, I always made a point of spending all the money I had left on personal adornment - rings and cloaks and beautiful new shoes. This sent my credit up and enabled me to borrow again. I would advise you to do much the same. A little bit of gold leaf, for example, goes a long way. Suppose you were to send along a couple of goldsmiths to gild the goals in the Circus, it would make everyone feel very prosperous and wouldn’t cost you more than, fifty or, a hundred gold pieces. And another idea occurred to me this morning as I was watching, those great slabs of marble from Sicily being. carried up the hill for facing the inside of Caligula’s temple. You’re not going to do any more work on the temple, are you? Well, then, why not use them to face the sandstone barrier of the Circus? It’s beautiful marble and ought to cause a tremendous sensation.’
Herod was always a man of ideas. I wished that I could keep him always with me, but he told me that he could not possibly stay; he had a kingdom to govern. I told him that if he would stay at Rome for only a few months longer I would make his kingdom as big as his grandfather Herod’s had been.
But about this conference. We agreed to raise these Treasury loans and we agreed to abolish, at first, only the most extraordinary of the taxes imposed by Caligula: such as taxes on the takings of brothels, on the sales of hawkers and on the contents of the public urinals - the big pots standing at the street corners which the fullers used to carry away, when the liquid reached a certain level, to use for cleaning clothes. In my decree abolishing these taxes I promised that as soon as sufficient money came in I would abolish others too.
I SOON found myself popular. Among the edicts of Caligula that I annulled were those concerned with his own religious cult, and his treason edicts, and those removing certain privileges of the Senate and the People. I decreed that the word ‘treason’ was henceforth meaningless. Not only would written treason not be held as a criminal offence, but neither would overt acts; in this I was more liberal even than Augustus. My decree opened the prison gates for hundreds of citizens of all degrees. But on Messalina’s advice I kept everybody under open arrest until I had satisfied myself that the charge of treason did not include other crimes of a more felonious nature. For the charge of treason was often only a formality of arrest: the crime might be murder, forgery, or any other offence. These cases were not ones that I could leave for settlement to the ordinary magistrates. I felt bound to investigate them myself. I went every day to the Market Place and there, in front of the temple of Hercules, tried cases all morning long with a bench of senator colleagues. No Emperor had admitted colleagues to his tribunal for a number of years - not since Tiberius went to Capri. I also paid surprise visits to other courts and always took my place thereon the bench of advisers to the presiding judge. My knowledge of legal precedents was very faulty. I had never taken the ordinary course of honours which every Roman nobleman went through, gradually rising in rank from third-class magistrate to Consul, with intervals of military service abroad; and except for the last three years I had lived out of Rome, a great deal and very rarely visited the lawcourts. So I had to rely on my native wit rather than on legal precedent and to struggle hard the whole time against the tricks of lawyers who, trading on my ignorance, tried to entangle me in their legal webs.
Every day as I came into the Market Place, from the Palace I used to pass a stuccoed building across the face of which was tarred in enormous letters:
Forensic Institute
Founded and Directed by the most Learned and Eloquent Orator and Jurist Telegonius Macarius of This City and of the City of Athens.
Underneath this on a huge square tablet appeared the following advertisement: Telegonius gives instruction and advice to all who have become involved in financial or personal difficulties necessitating their appearance in Civil or Criminal courts; and has a positively encyclopaedic knowledge of all Roman edicts, statutes, decrees, proclamations, judicial decisions, etcetera, past and present, operative, dormant, or inoperative. At half an hour’s notice the most learned and eloquent Telegonius can supply his clients with precise and legally incontrovertible opinions on any judicial matter under the sun that they care to present to him and his staff of highly trained clerks. Not only Roman Law, but Greek Law, Egyptian Law, Jewish Law, Armenian, Moroccan, or Parthian Law - Telegonius has it all at his fingers ends. The incomparable Telegonius, not content with dispensing the raw material of Law, dispenses also the finished product: namely, beautifully contrived forensic presentations of the same complete with appropriate tones and gestures. Personal appeals to the jury a speciality: Handbook of brilliant rhetorical figures and tropes, suitable for any case, to be had on request. No client of Telegonius has ever been known to suffer an adverse verdict in any court - unless his opponent has by chance also drunk from the same fountain of oratorical wisdom and eloquence. Reasonable fees and courteous attention. A few vacancies for pupils.
‘The tongue is mightier than the blade’
EURIPIDES.
I gradually came to memorize this tablet by seeing it so often, and now when the counsel for the defence or prosecution used to appeal to me with expressions like, ‘Surely, Caesar, you are aware of the fifteenth subsection of the fourth article of Marcus Porcius Cato’s Sumptuary Law published in the year that So-and-So and So-and-So were Consuls?’ or, ‘You will agree’ with me, Caesar, that in the island of Andros, of which my client is a native, great latitude is shown to forgers if it can be proved that they were influenced by regard for the well-being of their aged parents rather than by hope of personal gain, or similar foolish talk, I would just smile back and reply: ‘You are mistaken, sir: I am quite unaware of this. I am not the most learned and eloquent Telegonius, who can supply precise and legally incontrovertible opinions on any judicial matter under the sun. I am merely the Judge of this Court. Proceed, and don’t waste my time.’ If they tried to badger me further I would say: ‘It’s no use. In the first place, if I don’t want to answer, I won’t answer. You can’t make me. I’m a free man, aren’t I - in fact one of the freest in Rome? In the second place, if I do answer now, by Heaven you’ll wish that I hadn’t.’
Telegonius, by the way, seemed to be doing quite a thriving business and I came to resent his activities greatly. I detest forensic oratory. If a man cannot state his case in a brief and lucid way, bringing the necessary witnesses and abstaining from irrelevant talk about the nobility of his ancestry, the number of impoverished relatives dependent on him, the clemency and wisdom of the judge, the harsh tricks that Fate plays, the mutability of human fortune and all that stale, silly bag of tricks, he deserves the extreme penalty of the law for his dishonesty, pretension, and his waste of public time. I sent Polybius to buy Telegonius’s handbook as advertised; and studied it. A few days later I was visiting a lower court when a defendant launched out on one of the-brilliant rhetorical figures recommended by Telegonius. I asked the judge to allow me to intervene. He granted me this, and I said to the orator: ‘Stop, sir, this will never do. You have made a mistake with your recitation-lesson. Telegonius’s figure was as follows - let me see “If accused of theft” - yes, here we are.’ I produced the handbook: Hearing of my neighbour’s loss, and filled with pity for him, through what woods and vales, over what windy and inhospitable mountains, in what damp and gloomy caverns did I not search for that lost sheep (or lost cow - lost horse - lost mule) until at last, extraordinary to relate, returning home, weary, footsore, and disappointed, I, found it (here shade eyes with hand and look startled): and where but in my own sheep cote (or cowshed - stable - barn) where it had perversely strayed during my absence!
‘Sir,’ I said, ‘you put groves where the vales should have been and you left out “footsore” and the telling adverb “perversely”.
You didn’t look startled, either, at the word “found” only stupid. The judgement goes against you. Blame yourself, not Telegonius.’
Because I devoted myself to my judicial duties for so many hours every day, religious holidays not excepted; and even ran the summer and winter law-terms together, so that the dispensation of justice should be continuous and no accused person be forced to spend longer than a few days imprison - because of all this, I expected more considerate treatment from lawyers, court officials, and witnesses than I got. I made it quite plain that the non-appearance or late appearance in court of one of the principal parties in any suit would prejudice me in favour of his opponent. I tried to get through cases as quickly as possible and won (most unfairly) a reputation for sentencing prisoners without giving them a proper opportunity for defence. If a man was accused of a crime and I asked him straight out, ‘Is this accusation substantially true?’ and he shuffled and said: ‘Let me explain, Caesar. I am not exactly guilty, but…’ I would cut him short. I would pronounce, ‘Fined a thousand gold pieces’ or ‘Banished to the Island of Sardinia’ or just ‘Death’, and then turn to the beadle: ‘Next case, please.’ The man and his lawyer were naturally vexed that they had not been able to charm me with their extenuating circumstance pleas. There was one case in which the defendant claimed to be a Roman citizen and so appeared in a gown, but the plaintiff’s lawyer objected and said that he was really a foreigner and should be wearing a cloak. It made no difference to this particular case whether or not he was a Roman citizen, so I silenced the lawyers by ordering the man to wear a cloak during all speeches for the prosecution and a gown during all speeches for the defence. The lawyers did not like me for that and told each other that I was ridiculing justice. Perhaps I was. On the whole they treated me very badly. Some mornings if I had been unable to settle as many eases as I had hoped and it was long past the time for my dinner they would make quite a disturbance when I adjourned proceedings until next day. They would call to me quite rudely to come back and not keep honest citizens waiting for justice, and would even catch me by the gown or foot as if forcibly to prevent me from leaving the court.
I did not discourage familiarity, provided that it was not offensive, and found that an easy atmosphere in court encouraged witnesses to give proper evidence. If anyone answered me back with spirit when I had expressed an ill-advised opinion I never took it ill. On one occasion - the counsel for the defence explained that his client, a man of sixty-five, had recently married. His wife was a witness in the case, and was quite a young woman. I remarked that the marriage was illegal. According to the Poppaean-Papian Law (with which I happened to be familiar) a man over sixty was not allowed to marry a woman under fifty: the legal assumption was that a man over sixty is unfit for parentage. I quoted the Greek epigram The old man weds, for Nature’s rule he scorns - ‘Father a weakly stock, or else wear horns’.