CHAPTER XVII

THE SENATE: A SESSION AND A DEBATE

=283. Apparent Authority and Importance of the Senate.=--Powerful

is the army and powerful its Emperor, yet there is a body to which

they both pay lip-service, and which still enjoys a prestige and moral

authority that stamps itself upon the imagination of every man in the

Roman Empire--the “venerable Senate.”

Theoretically the Senate shares the government with the Emperor,

controls the state when there is a vacancy in the palace, selects

the new ruler and bestows on him the “proconsular” and “tribunician

power,”--the legal bases of his authority. It must be consulted by him

in every important act, and when he dies it decides whether he is to be

deified as a god, or suffer the awful “damnation of memory” (_damnatio

memoriæ_) branding him for all time as a tyrant. It can also declare

him suspended or deposed from office, set a price on his head and

order the armies to refuse him obedience. Its formal decrees (_senatus

consulta_) constitute, now that the old public assemblies have been

abandoned, the most binding kind of law.

The Senate also governs directly all of those provinces (about half of

the whole Empire) which do not require any army for defense or control.

It has its own treasury, and it can strike copper money, although gold

and silver are reserved to the Emperor, making a considerable profit on

the seignorage. It acts as supreme court of appeal on all cases which

rise in the provinces under its government. By the vote of its members

are elected all those “old Republican” magistrates from consul down to

_quæstor_ (treasury supervisor) which carry along with the temporary

glories of office the right to a life seat in the Senate itself--making

the latter practically a self-perpetuating body. A good Emperor swears

at the beginning of his reign, “I will never put any senator to

death”--_i.e._ the Senate shall judge all capital charges against its

members, even those involving treason.

Besides these prerogatives senators alone are eligible for the highest

military commands and the governorships of all the larger imperial

provinces. As already stated (see p. 156), the senators in addition

constitute the highest aristocracy; they must each possess at least

1,000,000 sesterces ($40,000) taxable property, and they enjoy all

the influence that comes to vested prestige and wealth in an age that

cringes to titles and fortunes. On this showing, the 600 senators

apparently constitute the most powerful organ in the government.

=284. Actual Weakness of the Senate.=--Unfortunately much of this brave

showing is only a glittering mask. The Senate has not one swordsman

in Rome or in any of its provinces to obey the summons, “Resist the

Emperor and his Prætorians.” It ordinarily has to stand helpless while

the army decides who is to be the next Cæsar in case of a contested

succession.

After Caligula’s murder in 41 A.D. the Conscript Fathers debated

earnestly: “Shall we restore the Republic? If not that, which aspiring

nobleman can we elect as Emperor?” Meantime, the Prætorians, pillaging

the palace, found the terrified and demoralized Claudius hiding in a

closet; they dragged him forth and discovered a survivor of the Cæsars

whose dynasty they greatly wished to perpetuate. “_Ave Imperator!_”

rang their shout. Soon the senators were informed that their debates

were unnecessary--Claudius was being proclaimed in the Prætorian Camp.

The Fathers made haste to bestow on Claudius full imperial powers and

to congratulate him on his succession. Nobody doubted after that where

the real power lay.

Besides all this, without mentioning the army, the Emperor has every

senator personally within his grasp. He can strike any member from the

_album_ (Senate List) by use of his irresponsible Censorial Power.

Through that same power he can appoint any favorite to the order by his

mere fiat. In the elections held within the Senate, he can control the

choice for any office by announcing that he favors the aspirations of

such and such a friend; the “Candidates of Cæsar” are always elected.

In the debates it is a bold senator who dares to face the unpopularity

of opposing the Emperor’s suggestions;[175] and once let the monarch

indicate the slightest wish, a whole pack of servile favor-seekers

will instantly champion the proposition with fervent loyalty. Finally

by his “tribunician authority” the Emperor can veto any senatorial

proposal which he dislikes. The power of the “venerable Senate” seems,

therefore, to have vanished in thin air.

=285. Amount of Power Left to the Senate.=--This last is not quite

true, however. The Cæsars do not, as yet, represent an unvarnished

despotism; they need a cover for their autocracy,[176] and they have to

leave to the Senate a certain show of power. No new Emperor’s throne

furthermore is secure against pretenders until, after the army has

proclaimed him, the Senate has confirmed him, and no Emperor likes to

feel that his sole refuge is with the irresponsible swordsmen.

Besides all this, the moral prestige of the Senate is still so great

that even a Nero or a Domitian hesitates to flout that famous body

too openly. Finally, be it said, the task of governing the enormous

Empire is a tremendous burden. A reasonable monarch is glad enough to

throw upon the Senate a great many problems over which the “Fathers”

can exhaust their eloquence and which they probably can settle quite

as wisely as he. If they fail and the case is then dutifully referred

back to “Cæsar,” his own importance becomes all the greater. If they

succeed, he gains a reputation for moderation and liberality. The

senators, on their part, have long since ceased to dream of restoring

the old Republic. Since the accession of Nerva, 96 A.D., an era of good

feeling and equilibrium on the whole has existed. The Senate therefore

still vaunts itself as a coördinate branch of the Roman government.

=286. Organization and Procedure of the Senate.=--The Senate of the

Empire exists in form and procedure very like its predecessor under

the Republic. Its debates are the talk of the capital and are duly

reported in the Acta Diurna; and at present, with Hadrian out of the

city, its supreme presiding officers, the two consuls, affect to be the

most powerful personages in Rome, although some of the great permanent

ministers on the Palatine, and especially the Prætorian Præfect, have

firm doubts on the subject.

When Publius Junius Calvus is compelled to attend sessions of the

Senate, he has ordinarily been informed a couple of days in advance

by a _viator_ of one of the consuls bringing a personal notice to

his home, although urgent meetings can be summoned on much shorter

notice merely by sending forth a crier. There is no fixed quorum for

the Senate; although there are 600 lawful members, many of these are

high government officials absent in the provinces, others are retired,

elderly dignitaries very loath to quit their luxurious ease in their

Etruscan or Campanian villas. Since the post of senator is ordinarily

for life, the body contains an undue proportion of superannuated,

doddering old men who will only appear on great occasions.

Sessions can thus be held with only a very thin number, say fifty,[177]

although if the gathering is disgracefully small, those attending

can shout to the presiding officer, “_Numera! Numera!_” (“Take the

number!”) and insist on adjournment until the consul’s tipstaffs

and bailiffs have rounded up a respectable fraction. On this day in

question, however, there is no danger of a slim attendance. Every

member in Rome is sure to be present, including certain invalids who

have to be helped out of their litters and led inside by their freedmen.

Sextus Annius Pedius, ex-proconsul of Asia has been impeached by

Publius Calvus and a fellow senator, Titus Volusius Atilius, for gross

extortion and malfeasance in his government. The case has been referred

to the Senate by Hadrian as lying within its special competence. Pedius

is of the highest aristocracy, but like most great men has made plenty

of enemies. Every possible social influence has been mobilized for and

against him. A great state trial, with an abundance of soaring oratory

is consequently in prospect. Every senator is in his element.

=287. The Curia (Senate House) and Its Arrangement of Benches.=--On

days when the Senate convenes, the clients can stream into the empty

atria of their noble patrons, collect their money doles and depart--the

patrons themselves have set off at first dawn for the council,

accompanied very probably (if it is not summertime) by link-boys to

guide them through the still darkened streets. They gather thus at

_prima luce_ in the rebuilt Curia at the Forum, although sessions can

be held in almost any other duly consecrated spot, and Pompey built a

special Curia near his own mansion in the Campus Martius for use when

he wished to deliberate with the Fathers.[178]

The Curia Julia has a magnificent hall with tiers of comfortable and

highly carved benches (_subsellia_) curving in a semi-circle not unlike

the legislative chambers of other times. The six hundred senators sit

fairly close together, so that the debates can be in easy voice. At

the entrance the consuls’ viatores and lictors check off the Fathers

entering to exclude interlopers, but there is no real secrecy. The

doors are numerous and stand wide, and a curious crowd is permitted

to linger around them; especially are the young sons of a good many

senators seen there, eagerly following all the proceedings wherein they

hope soon to have a part. (See p. 190.)

Facing the benches rises a low dais whereon is a line of curule chairs

for the consuls and prætors, also a long solid settee whereon ten

of the younger senators sit down solemnly together. These ten are

the tribunes of the Plebs,--shorn now of nearly all their ancient

authority, but still maintaining the “shadow of a great name,” a name

surviving from the time when, as in the days of such personages as

Gaius Gracchus, a tribune could be mightier than a consul.

=288. The Gathering of the Senators.=--The Fathers drop into their

seats. No law adjusts their precedence, but etiquette gives the front

row to the ex-consuls, the next banks to the ex-prætors, behind them

the former ædiles, tribunes, and quæstors with the _pedani_[179]

(senators who have never held elective office) modestly in the rear.

The defendant Pedius attended by several distinguished senators, his

relatives, all clad in the gray togas of distress and mourning, and

also by his two advocates both in conventional white, take seats in the

front benches. As they do this it is noted as of ominous significance

that several ex-consuls, who had come in first, promptly shift to the

other side of the hall.

At the center of the platform is observed a majestic, gilded statue of

Victory, with expanded wings, flowing robes, standing upon a globe, and

stretching forth a laurel crown.[180] Before it, upon a little altar,

a few coals are smoking. Presently a door at the side of the platform

opens, and a lictor signs with his fasces. The chatter across the now

crowded hall ceases instantly; all the toga-clad figures rise together,

while the presiding consul, Gaius Juventius Varus,[181] leads in the

array of magistrates, each in the ornate toga prætexta.

=289. Opening the Session: Taking the Auspices.=--Gravely this official

company seats itself in the curule chairs; gravely Varus casts a

handful of incense upon the altar before the Victory, and a cloud of

fragrance fills the hall. Then Varus, a tall and very majestic figure,

signs to the senators; they also are seated, next his voice sounds

clearly: “Bring forth the chickens!”

Not a lip twitches in all that sedate audience as two attendants

appear upon the platform setting down a small coop containing a few

barnyard fowls. The consul rises and stands beside them; next to him

takes station an elderly senator also wearing the prætexta and holding

a staff with a peculiarly shaped spiral head, a _lituus_--the badge

of office of an _augur_, lawfully entitled to proclaim the will of

the gods. In a dead hush the servitors pass a small dish of grain to

the consul who carefully scatters the grain within easy reach of the

chickens. The latter, carefully starved since yesterday, snap up the

grains eagerly. They even devour so fast that the wheat drops from

their bills, a most excellent sign. The augur bends forward intently,

watching their action, then motions with his staff: “_There is no evil

sight nor sound!_” he announces in solemn formula.

[Illustration: COOP OF SACRED CHICKENS USED IN

DIVINATION.]

A mutter of relaxation passes around the Senate. The servitors carry

out the chicken coop. The consul shakes his great draperies around

him with studied dignity and turns to the waiting assembly. “Affairs

divine” have been attended to; “affairs human” can now begin.

=290. Presentation of Routine Business: Taking a Formal Vote.=--Even

under the Empire it is a glorious thing to be consul, with the twelve

lictors, the temporary colleagueship with the Emperor, and the right to

preside over the most magnificent council in the world. Varus carries

himself with the dignity of a nobleman who has enjoyed a long career

in the Senate and now is at the summit of his aspirations. Every

tradition of the ancient body has been cherished; and the solemn forms

still differ little from those in the great conclave that piloted the

overthrow of Carthage.

The chief business of the day is the trial of Pedius, but a certain

lesser matter demands prior disposition. The consul has received a

dispatch from the proprætor of Sicily (a “senatorial” province) asking

if he can be empowered to remit the taxes of certain peasants near

Agrigentum, whose crops have suffered from the blight. Varus begins

with the time-honored formula, “That it may be well and fortunate to

the Roman people, the Quirites, we refer this thing to you, _patres

conscripti_.” Then in well-chosen words he gives the substance of

the governor’s request, and reads certain correspondence explaining the

plight of the peasants; having thus finished his _relatio_--the

“presentation of the problem”--he ends with another formula, “What is

it your pleasure to do concerning this matter?”

If the business be contentious, now might begin a vigorous debate; but

the governor’s request, based on wise policy, is not worth questioning

and almost everybody wants to proceed to the trial. The consul,

therefore, after a pause, demands, “Is it your will to grant this

thing? Let then all the Conscript Fathers favoring pass to the right!”

One garrulous old senator anxious for a chance to speak, indeed

begins shouting “_Consule! Consule!_” (“Take counsel!”--_i.e._ start

a debate.) If many others join him, Varus can be forced to permit a

long-winded discussion; but the troublemaker is without a second. The

senators with one accord seem rising and passing to the right side of

the Curia. Nobody ventures to go to the left. The motion thus carries

unanimously. The company resume their seats; then all eyes are again

upon the consul when with clear voice he commands: “Let the accusers of

Sextus Annius Pedius stand forth.”

=291. Presenting an Impeachment at a Senate Trial.=--Publius Calvus

rises from the front benches opposite the defendant, allows the many

folds of his toga to fall magnificently around him, thrusting them back

just enough to reveal the purple laticlave running down his tunic,

and carefully adjusts a ring so its great emerald will give precisely

the correct flash as he gestures. Directly behind him, inconspicuously

garbed stands a favorite freedman, avowedly to pass him papyri and

tablets which he will read, but really quite as much to whisper, “Drop

your tones!” “Speak louder!” or “Not so shrill!” and like promptings as

the oration progresses.[182]

The Senate, of course, cannot be expected to put in weary days

listening to intricate and sordid testimony. All this has been taken

before a special board of judges, and on their report there is no real

doubt of Pedius’s guilt. He has taken a bribe of 300,000 sesterces

($12,000) to banish a Roman eques from his province and has put seven

less-protected provincials, friends of this eques, to death; worse

still, he has taken still another bribe of 700,000 sesterces ($28,000)

for committing the unspeakable outrage of causing yet a second eques

to be first beaten with rods, next hustled off to the mines, then

actually strangled in prison. The prominent provincials from Asia have,

therefore, presented an absolute case against their evil ex-governor.

The lesser culprits have mostly confessed and received appropriate

penalties--and the only question really before the Senate is fixing the

punishment of Pedius.

He is a great noble with great connections. Ought a senator who has

held the consulship be banished and ruined even if he _has_ misgoverned

his province, taken bribes and done to death an eques--one of those

upstart half-nobles whom every true senator should scorn? Pedius

does not lack friends who have told him to brazen it out, and that

no severe penalty can befall him; and he glares defiantly across to

Calvus as the latter begins his argument.

=292. The Water Clocks; Methods of a Prosecutor; Applause in the

Senate.=--Just as the chief prosecutor commences, the servitors

reappear and set close beside him a large glass vessel upon a wooden

stand, perforated to empty slowly into a second vessel beneath, and

when thus emptied the upper container is promptly refilled. Calvus

has been informed he can have “only four water clocks” (about two

hours)--an outrageously insufficient number in his opinion, when many

an advocate can get twelve--but time must be given the other orators

and after that the Senate must discuss and vote.

Speedily Calvus warms to his task, and in long periods of sonorous

Latin his voice resounds through the Curia. He delights to expand upon

the enormity of the crime of putting to death not a mere provincial,

not a simple Roman plebeian, but a Roman eques. His speech abounds with

elegant and apparently impromptu allusions, metaphors and similes--duly

practiced half a month before. He goes out of his way to pay an

extended and fulsome compliment to the benignity and liberality of the

Emperor in condescending to let the Senate settle the issue. Words at

length almost fail him when he calls on the Fathers in the name of

Justice, Virtue, Heavenly Vengeance, and all the other guardian deities

of the state to punish the hideous misdeeds of such a criminal as

Pedius.

As he proceeds the Senate kindles at his eloquence. First his personal

friends who are sitting directly behind him begin to shout “_Euge!_”

and “_Sophos!_” Then the applause re-echoes from all over the hall.

Presently the occupants of the curule chairs on the platform begin to

clap, the consul half rises from his seat as if transported by the

oratory, and even Pedius’s own advocates politely join in that applause

which Calvus is professionally bound to return with interest as soon

as they begin to speak in turn.

Soon, all too soon, for the orator, and for those senators who love

“the good old times,” when an advocate could thunder all day long, the

four water clocks are exhausted. Calvus subsides, to be immediately

surrounded by his friends who compare his efforts to those of Cato,

Hortensius, Cicero, and such later masters as Cornelius Tacitus; while

the freedman immediately speeds off to inform Gratia of the “wonderful

triumph” of her husband--a triumph of oratory, whatever be the actual

verdict.

=293. Speech for the Defendant: Methods of a Professional

Advocate.=--After order is restored a grave old senator--Quintus

Saturius--arises to answer the prosecutor. He is a professional

advocate of fame, but evil report has it that in his youth under

Domitian he was a _delator_ (professional accuser), and won a fortune

by prosecuting the innocent victims of that bad Emperor’s disfavor.

Since then he has never been squeamish in accepting doubtful causes.

The law only allows him 10,000 sesterces ($400) as the fee from each

legal client, but the latter has plenty of indirect means of showing

his “gratitude,” and Saturius’s wealth now is enormous. This morning he

has carefully smeared eye-salve above his left eye--a token that he is

to speak for the defendant, not over the right as if for the plaintiff.

His toga also floats in billowy folds, his hands flash with costly

rings, and his powerful voice soon booms through the Curia.

[Illustration: CICERO DENOUNCING CATILINE BEFORE THE

SENATE: painting in modern Senate House in Rome.]

Saturius does not waste time denying that many of Pedius’s misdeeds

have been proved, but he praises at great length his client’s

“glorious ancestry” and distinguished social connections. As for

the accusations,--what if he did abuse his office? Was a member of

the great house of the Annii to be held down to the sordid rules

befitting mere plebeians and freedmen? What if an eques _had_ been

wrongfully done to death? Was not the fellow by birth a Phrygian who

had gained first citizenship and then the “narrow-stripe” merely by the

use of his wits? How could so great a man as the Proconsul of Asia be

expected to live on a beggarly salary of 1,000,000 sesterces ($40,000)?

At this point Saturius’s voice begins in fact to tremble with pathos.

How can the Conscript Fathers bring themselves to disgrace all the

defendant’s distinguished relatives who just now are sitting behind

him in the gray togas of public mourning? Think of his distressed wife

whose father and all three uncles were at least prætors! Think of his

brother who had been killed bravely fighting the Parthians! Think of

his two sons whose public careers would be blighted by the disgrace of

their father! Think finally of the Senate itself--what contempt upon

the “Venerable Order” if one of its most prominent members should be

ruined on the testimony of mere provincials and upstarts! etc., etc.

=294. Concluding Speeches; Interrupting Shouts; Personal

Invectives.=--Saturius, ere concluding, works himself into a fine

passion. He also gets sallies of applause--mostly from the self-same

men who have just cheered Calvus. But at some of his assertions there

are murmurs of dissent, and even open shouts such as “Drop that

argument!” “Don’t insult our intelligence!” Finally, however, he

sits down, having exhausted his four water clocks. More cheers, more

congratulations, everybody swears to his neighbor the day is proving an

intellectual feast.

The consul proclaims an interim; and the Conscript Fathers adjourn

to stretch their limbs, snatch a hasty collation provided by their

attendants and discuss the arguments. Then all resume when Marcus

Petreius, Pedius’s junior advocate, continues for the defense. The

hostile attitude of the Senate has impressed the defendant’s counsel,

and Petreius enters into an elaborate appeal for mercy, with many fine

invocations of the “Divine Clemency,” and reminders of how any senator

might some day find himself in Pedius’s horrid predicament. Petreius

is allowed “less water” than Saturius; he gets considerable applause,

however, when he finishes, but knowing members shake their heads: “They

cheer his oratory and not his cause.”

In fine mettle therefore Titus Atilius, Calvus’s associate, next sums

up for the prosecution. Atilius is a relatively young man, as yet only

an ex-quæstor; and to-day is his glorious opportunity. Carried away

on a flood of invective, he allows himself, as is permitted by usage,

to cover not merely Pedius but even Pedius’s advocate with a storm of

bitter personalities. When he thunders against Saturius’s sycophantic

career there are wild shouts of applause from all over the Curia; and

more applause follows when he ridicules certain physical infirmities of

the miserable defendant.[183] Pedius rises with supplicatory gestures

and appeals loudly to the ten tribunes, “Oh, very noble tribunes

protect me!”--but the ten sit stolid and silent upon their bench and

he subsides with blenching cheeks. His advocates, exchanging knowing

glances, are seen to be gathering up their tablets.

=295. Taking the Opinion of the Senate.=--At last Atilius’s “water”

has likewise ended. Amid another whirlwind of applause and rush of

congratulating friends he takes his seat. The consul Varus rises with

extreme dignity, and beckons with his hand. Every senator instantly is

tense and silent.

“We do now,” proclaims Varus, “take the opinions (_sententiæ_)

of the Conscript Fathers concerning that which it befits should be

done in the case of Sextus Annius Pedius this day arraigned and tried.

You have heard his accusers and his advocates. I shall call the album

of the Senate.” He holds up tablets whereon are listed the senators

in order of official rank and precedence; then turns to the members

seated directly before him, the magistrates-elect for the ensuing year,

summoning first the senior consul designate, Appius Lupercus:

“_Dic, Appie Luperce!_”

Appius Lupercus, an elderly aristocrat, the head of an ancient family,

rises amid a portentous hush. The “right to speak first,” possessed by

the Emperor when present, is invaluable. All the orators for either

side have really aimed their best arguments toward Lupercus, knowing

his prerogative, but his “cold looks” toward Pedius have already fallen

as ice upon the friends of the defendant. His voice now carries through

the expectant Curia.

“Conscript Fathers:--It is true that Sextus Pedius is a man of exalted

birth; the more shame, therefore, that he has disgraced the name of

a _clarissimus_ of the Venerable Senate. It is true his victims were

either provincials or citizens of provincial origin:--the law is

impartial, the Roman Empire has been established upon the inflexible

rule of ‘piety’ giving alike to gods and to men that which is lawfully

their due. If he has outraged provincials the case is clear; long ago

the Emperor Tiberius expressed the ruling policy when he said, ‘A good

shepherd shears his sheep but does not flay them.’ If Pedius has also

outraged citizens, much more equites, wherein lies the boast ‘_Civis

Romanus sum!_’, if these men, whatever their original birth, cannot

demand lawful vengeance at our hands?

“My opinion, therefore, is this: let the defendant’s ill-gotten bribes

be confiscated to the treasury, and let Pedius himself be banished from

Rome, and Italy; let his lesser confederates be banished from Rome,

from Italy, and also from the Province of Asia. Since also Publius

Calvus and Titus Atilius have pleaded the cause of the provincials

with diligence and fearlessness, let them receive the thanks of the

Senate. Such is my opinion!”

A great murmur rises--applause with some shouts of dissent. “Hangman!”

“Butcher!” rise from the little knot of Pedius’s relatives. Then Varus

calls on the second consul designate, Atticus, who, rising stiffly,

says with clear voice, “I agree with the most noble Lupercus,” and

promptly takes his seat.

One by one the ex-consuls, each summoned by turn, announce that they

also agree with Lupercus, until one cynical old aristocrat, the

ex-consul Gavius, notorious for his own sensual life and the manner

whereby he enriched himself in Africa, yet powerful through his vast

wealth and influential connections, announces that he is confident

the Senate should show mercy. “Let Pedius disgorge the money and

forfeit the priesthood of Mars which he holds--that will be punishment

enough. A good lesson has been taught and the unfortunate man has been

disgraced enough already.”

=296. An Uproar in the Senate: an “Altercation.”=--Instantly the Senate

is in an uproar. The shorthand reporters[184] can hardly take down

all the interrupting shouts that are tossed back and forth: “How now,

Marcus Æmilius Gavius, will you let such a scoundrel go?” “What are

those provincials but scum anyway!” etc., etc. A violent “altercation”

follows, several senators rising and demanding that Gavius explain

himself. The old reprobate however cleverly stands his ground, and is

vigorously cheered by many who will not actually support his proposal.

At last the house cools down. The taking of the opinion now proceeds

among the prætors-designate and the ex-prætors. No senator can

speak twice, but each man, when on his feet, has great liberty of

action--several of the younger men half ironically support Gavius, and

one senator earns unpopularity by insisting on his right of the floor

and calling attention to the embezzlements reported in the African

municipality of Utica--a matter quite beside the question. Two or three

long and eloquent speeches are delivered in favor of Lupercus’s stern

proposal. It is growing late and nobody wants to call on the ex-ædiles

and other junior senators,[185] and cries are rising, “_Divide!

Divide!_”

=297. Taking a Vote of the Senate. A Sentence of Banishment.=--Varus

again rises, “Conscript Fathers: you have heard the opinions of these

very noble men of consular and prætorian rank. Two propositions are

before you. Those who favor the penalties for Sextus Pedius proposed by

Appius Lupercus let them walk to the right! Those the lesser penalty

proposed by Marcus Gavius to the left.”

The hundreds of togas rise together. Gavius is not without a certain

minority of supporters who start with him to the left, but most of

these, seeing how many ex-consuls of birth and character are following

Lupercus, desert Gavius, who is left with only a trifling band around

him. There is no need for Varus to count the result. Even while the

Senate is dividing the luckless Pedius, with his kinsmen and advocates,

is seen gliding through a side exit. It is the defendant’s right thus

to anticipate sentence and to slip away with as little ignominy as

possible into exile.

At a word from the consul the senators return to their seats. The long

shadows of evening are stretching through the doors of the Curia, as

Varus announces that Sextus Pedius having been convicted of high crimes

is banished from Rome and from Italy. He must quit the city to-morrow.

He must quit Italy in twenty days. Should he tarry or return he will

be “cut off from fire and water,” and dealt with “after the ancient

custom”--_i.e._ he will be scourged with his head in a forked

stake, then sewed in a bag with a cock, a dog, and a viper, and flung

into the sea.

Everybody is anxious to be gone. In the great mansions six hundred

expensive cooks are fuming over the delay to six hundred expensive

dinners. The terrible fate of Pedius will make talk for all Rome

through ten days. Varus raises his hand and at length pronounces

the sonorous ancient formula, “_Nihil vos moramur, patres

conscripti_”--“We detain you no longer, Conscript Fathers.”

Publius Calvus and Titus Atilius are escorted homeward by groups of

fellow senators as if they were triumphant generals. Their skill,

eloquence, pathos, and legal learning are praised to the skies. Each

is assured that “he has rendered himself and his friends immortal!”

Each to-morrow will begin rewriting his speech, introducing many

fine arguments which he has had no time to utter.[186] These will be

embalmed in his published works which will be presumably carried some

day, tied to poles, in a conspicuous place in his funeral procession.

So ends a typical meeting of the Senate under the Empire; noble forms,

much dignity, a perfect river of eloquence, a judicial decision in

this case conforming with justice, but handling no great issues of

diplomacy, high finance, or peace or war. Already Pedius’s friends are

consoling him, as he drearily prepares to retire to Macedonia: “In a

few years at worst we can get your pardon from the Emperor.”

A day in old Rome · 第 17 / 23 章