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He would either have to sit down without saying a word, and look a complete fool, or he would have to speak without his notes. Could he do that? He had pored over them so intently, surely he could remember at least the major points, if not all the elegant phrases he had labouriously worked out. Titus cleared his throat again and took a deep breath.

“Caesar,” he began, nodding to Nero, “and my esteemed fellow senators, we are all aware of the crowd that’s gathered outside our front door. I must say it took me quite by surprise when I arrived here. I think it’s taken us all by surprise. I’ve never seen anything like, have you?”

“No, but I’ve never seen a herd of giraffes, either,” shouted one of the senators. “What has either to do with the law?” This was met with scattered guffaws and a few cries of “Hear, hear!”

“Well,” said Titus, feeling flustered, “once upon a time the common people had their own assembly, and they did have some say in the making of laws…” Titus realized that he was straying far from his notes.

“What sort of talk is this?” someone shouted

“Seditious talk!” someone said. “Rabble-rousing!”

Titus raised his hands to quiet the clamour. “I’m merely saying that something has stirred up all those people. Every one of you in this chamber is stirred up, as well. Perhaps we should at least state the case of those who are asking for mercy, so that we can examine the argument clearly.” There, that was better, he thought, feeling that he had quieted his listeners and regained their full attention. He noticed that a scribe was taking down his words, no doubt using the shorthand famously invented by Cicero’s secretary, Tiro.

“Given the circumstance of this atrocious crime,” he went on, “who can doubt that the vast majority of slaves in the household of Pedanius are completely innocent of any wrongdoing? This appears to be a crime of passion, not a conspiracy involving other slaves and hatched over time. Unless a slave was actually in the room, or at least close enough to overhear what was happening, how could that slave possibly have prevented the crime? There is also the fact that in such a large household – four hundred or more slaves – there must be a great many who are old and infirm, or young and frail, or women, some of whom may be pregnant. Shall all those slaves die, despite their innocence? What if a slave is blind? What if he is deaf, or mute-”

“And what if a slave is blind, deaf, and mute?” shouted someone.

“Then put him to death for sure, since he’s no good to anyone!” shouted another, prompting a gale of laughter.

“Unless he’s as pretty as that boy Pedanius was diddling,” said someone else. This went too far. The offending senator received boos and angry looks.

“Senators!” shouted Titus, trying to regain their attention. “I have asked myself, why has this proceeding elicited such an unprecedented response from so many common citizens? I think I know some of the reasons. First, there has been no crime like this in recent memory, nor has there been the prospect of a slaughter of slaves on such a massive scale, at least not here in Roma. If such crimes occurred, and such massive punishments were exacted, it must have happened at a farm or country villa, where those slaves were unknown to anyone outside their own household. But this household of slaves is different. They reside here in the city, where they live and work and move about freely. These slaves must be known not only to fellow slaves in other households, but to shopkeepers and artisans and all sorts of citizens who have dealings with them. Some are errand boys and messengers, some are seamstresses and hairdressers, some are cooks and cleaners, some are bookkeepers and scribes, highly educated and valuable slaves deserving a degree of respect. Some are near the age of death. Some are newborn, just beginning life. Some are in the prime of life, at the peak of their usefulness and value. Some are pregnant and about to bring forth new life. These victims of the law are not a faceless crowd but are human beings known to their neighbours, and so we cannot be surprised if there are murmurs throughout the city that the law is too harsh.

When there is such an outcry, even here in the Senate, can no exception to the law be made?”

Well, thought Titus, that was not so hard after all. He felt rather pleased with himself. In his fantasies, this was the point at which the entire chamber erupted in applause, even from those who opposed him but admired his courage for taking a stand. Instead, after a few scattered cries of “Hear! Hear!” and some desultory murmurs of assent, the end of his speech was met by a silence almost as deep as that which preceded it.

Gaius Cassius Longinus rose to speak.

“Caesar, and esteemed fellow senators,” he said, “often have I been present in this assembly when demands were made to alter or dilute or do away entirely with the customs and laws of our ancestors. In every single instance, those changes were for the worse. Yes, in every instance the laws made by our ancestors were superior to the innovations proposed to replace them. Yet often I’ve kept my mouth shut and let the majority have its way, wishing not to become known as one of those stalwarts of the law who grows wearisome by always exalting ancient precedent. I was holding my fire, if you will, for a time when my voice truly would be needed to prevent a terrible error by the state. That time is now!

“An ex-consul has been deliberately murdered in his house by one of his own slaves. Not one of the other slaves did a thing to prevent this crime, though the law is clear that this was their duty. Vote to spare them, if you like. But if a city prefect is not safe in his own home, who among us will be? Who will have enough slaves to protect him, if the four hundred of Pedanius were not enough? Who can rely on a slave’s help, if even the threat of death is not enough to make a slave help you?

“I have sat here in silence and listened to the account of the ‘facts’ in this matter, which impute various unseemly behaviours on the part of Pedanius. I ask you, since the dead man cannot speak for himself, how and from whom where these ‘facts’ obtained? From the two slaves present at his murder, of course – the killer himself and the killer’s young paramour. No doubt this ‘evidence’ was obtained as the law prescribes, under torture, but I think we can discount their story as an utter fabrication, concocted to blacken the name of their victim and to elicit sympathy for themselves. Next we will be hearing that this murder was justifiable homicide, and Pedanius got what he deserved! Dust has been thrown in your eyes, Senators, and not by a skilled advocate, but by slaves. Shame on you!

“We also hear the argument that the other household slaves could not have known that their master was threatened. I don’t believe this for a moment. Do you seriously think that a slave plotted to killed his master without uttering a single rash or menacing word beforehand, to someone in the household? Even if this insanely jealous lover kept silent about his intention, how did he obtain a knife without anyone noticing and wondering what he meant to use it for? How did he penetrate to his master’s bedroom, past the watchman, and carrying a lamp, mind you, without anyone seeing?

“But even if some of the slaves suspected that their master was in danger, you may say, surely most of the slaves were ignorant of the fact. Perhaps. But I say that every slave in that household, whatever his degree of complicity, is irrevocably contaminated by the crime. Even a slave born into the household that very morning is contaminated and must be destroyed, like a rabid dog. Imagine a slave growing up, knowing that his first master was brutally murdered by one of his own kind and that slaves like himself went unpunished. Would such a slave have an understanding of his place in the world and of the immutable respect he owes to his owner? Would you want that slave in your household, growing up with the knowledge of a murdered master in his head, inevitably spreading that knowledge to others? I think not!

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