by Assaph Mehr
We toasted, drank the spiced wine and then a clean drink to wash the taste. I bid him farewell and left, whistling as I made my way up the Via Petrosa to the crest of the Meridionali towards my home. I was safe in the knowledge that my little charm would leave me fresh in the morning, while tonight’s debauchery would be amplified for Ambustus by my reversed process — to the point his hangover would leave him with no memories past the previous day’s breakfast.
Chapter XVI
I spent the next morning revisiting Valerius’ three insulae. I found those I spoke with before and in some cases new neighbours with curious noses. I enquired whether they had seen a man matching Ambustus’ unforgettable visage. A few remembered, which confirmed he was sniffing around the insulae, in case I needed more evidence than his drunken confession.
It was time to report the new name to Valerius Flaccus and check up on Aemilia’s progress. I was already halfway to Cornelia’s house, so made the hike up Vergu and showed up just after midday, unannounced, at her domus.
The mistress of the mansion was in, but she avoided me. I was allowed to meet with Aemilia, though. I innocently asked whether I could use one of their house slaves to send a missive to Valerius Flaccus, whose mansion was not far away. I requested to see him for a private meeting at his house outside normal hours, and perhaps arrange for Quintus Aquilius to be present if that promising young lawyer could be found.
I expected nothing would happen in Cornelia’s house without her knowledge, and that her curiosity would get the better of her current disdain of me. Nor was I disappointed. By early afternoon, the slave returned to inform us that, indeed, Valerius Flaccus and Quintus Aquilius would be happy to join us all for dinner at Cornelia’s.
In the intervening time, Aemilia and I pored over the scrolls and her notes. She had been diligent in deconstructing the complex etching on the lead sheets, copying the sigils individually on wax tablets, and keeping associated notes with them. The work to decipher and analyse Ambustus’ curses was significantly more difficult than one would expect. Curses are almost always written as a petition to the gods. “Titus has lost two gloves and beseeches Venus that the thief responsible should lose their mind and eyes.” Or “Marcus begs Iovis’ favour, and promises him a rich sacrifice of lamb, if he should strike Gaius dumb during his trial.”
Ambustus’ tablets, however, were drawing the magia to them rather than attempting to influence its source. That necessitated the use of far more complex formulae. They involved symbols not found in the Quirite alphabet, and, as is often the case, words and phrases which had been appropriated for different, symbolic meanings and allude to things outside the normal sphere of human experience.
Deciphering these required significant cross-referencing of treatises on the subject, which were also written in the same oblique language. Though Aemilia lacked my education on the subject, her memory and skill at reading was far superior to mine. We worked together, me providing her with direction and instruction, and her noting down options and quickly retrieving and recalling the reference material.
With all this concentrated work, a pattern was beginning to emerge. “See here?” I grabbed a couple of wax tablets. “These symbols appear in tandem on the other tabulae defixiones. He uses a few recurring themes. Does anything strike you as odd about these supplications?”
“You mean the references to the lares? I thought appealing to the major deities was the usual practice.”
“It is. But by invoking the household gods, any of the dii familiares, he is focusing the curse. This is his method of limiting the curse and concentrating it on the premises of the particular insula. You’ll note also that he specifically mentions the lares loci, not the lares familiares — the place, not the people.”
“Wouldn’t the household gods be less grand, and therefore less effective, than the major numina?” she asked.
“I think we’ve all seen the efficacy of Ambustus’ curses,” I said drily, glancing at her legs. She shifted in painful memory. I wanted to impress on her never to underestimate practitioners of forbidden arts and the havoc they might wreak.
“These are his anchoring points,” I continued. “He channelled powerful magia into the curses. You can see it in the incantations here and here,” I pointed out the relevant sections. “I believe this is how he was able to get a powerful, yet localised, effect.”
Aemilia was as excited as a puppy exploring its first meadow. She asked me about the meanings of various symbols, how one executed an incantation both in chanting and with inscribing symbols, what feelings the various branches of magia evoked in the practitioner, and so on.
It was the opposite of how I wished her to feel about it — but it was contagious. I couldn’t quite keep up with all her questions, my education being incomplete. We both rummaged through the scrolls and codices I brought, flicking between them, theorising about meanings and explanations, talking fast, and letting our intellects run wild.
Things other than my intellect stirred. I could not but be enchanted by her smile and by her large, grey eyes with the circles of dark blue around the irises. The faint smell of roses that came from her marble-white skin reminded me too much of the lost Helena, but this time I felt no pain in the memory. Aemilia was making my insides flutter in ways I never thought I’d feel again.
I kept on talking about the curses then, to drive away those distracting emotions. Better to concentrate on the disasters brought upon the unfortunate denizens of the cursed insulae by rampant household gods than dwell on more earthly things that could not be.
***
In what was becoming a standard for the case, we gathered for another dinner party hosted by Cornelia. The important figures reclined on couches, Valerius’ (sans his wife) next to Cornelia, and Aemilia was allowed to recline on the couch with Quintus Aquilius. Thankfully, Cornelia did not invite her vacuous friend Icilia, which made conversation about the matter at hand easier.
The food, even on such short notice, was superb. I can only imagine that Cornelia’s cook was used to impromptu feasts and knew who to contact for fresh supplies. The spicy snails were particularly exceptional, while the squid in nettle sauce was an eye- and mouth-pleasing classic.
We didn’t waste much time with pleasantries. In between courses, I gave a detailed report to Valerius Flaccus about how I tracked Ambustus and confirmed the tablets were his doing. When I got to naming Ambustus’ employer, Flaccus drawled “Numicius!” like someone who has just discovered a half-eaten cockroach in his food.
“I gather you know the man?”
“I do indeed. Cursed be the day I first laid eyes on his miserable, bloated carcass! We have been on opposing factions in the senate a few times. He doesn’t even pretend to uphold the business restrictions of senators and actively participates in enterprises all around Egretia.”
“Do you think this move against you was political or business-related?” asked Cornelia.
“Who could say what goes on in that snake’s mind? Probably a bit of both,” answered Valerius. “Come to think of it, earlier this year he was suing to get the Via Arborea extended past Arbarica. Entirely not his place to do so. The public works contracts are the purview of the censors and should not be forced through legislation. His impassioned speeches about ‘spreading our noble culture deeper into barbarian lands’ fooled no one — he was after some personal gain. As for the insulae, he’s probably trying to prepare cheap housing for clients he acquired during his praetorship in Arbarica. I’m guessing he’s interested in buying my properties, but without paying their true worth.”
“Has he approached you?” I asked. “I imagine that despite Ambustus’ complaints, he paid handsomely for those curses. Both to be cast, and to be ignored by the authorities. He might have tried his luck with you first.”
“Oh, he should know what my reaction would have been. He knows better than to try and buy anything from me.”
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“Hmm,” I pondered this for a moment, “I wonder if you are the first one he tried this tactic on. I have not come across any other such rumours.”
“Well, you haven’t heard of the curses afflicting cousin Lucius’ insulae either, till he hired you,” said Cornelia with what I thought was unnecessary smugness.
“No, but neither had anyone else.” I tried to avoid getting dragged into argument and to stay on point. “This would strengthen my assumption that Valerius is the first such victim, which speaks to motive and opportunity.”
“Numicius’ usual tactics are straightforward,” Valerius said before we could continue the banter. “He takes aim at the owner or leverages the tenants — a few broken bones usually get him the results he wants. If he has tried curses in the past, it must never have progressed so far. I wonder what might have pushed him to resort to nefas magia.”
“I’ll add it to my list of open questions,” I said.
“Good. I’ll have another chat with Aburius about doubling guards on my other properties.”
“And now?” asked Aemilia. “What’s next?”
“Now we need to collect evidence against Numicius,” Quintus Aquilius spoke up. “If we are to have a hope of convicting him in court, we would benefit by having more than just Felix’s testimony based on hearsay from Ambustus.”
“What kind of evidence?”
“A confession in front of witnesses would do,” said Aquilius.
“I think you’ll find people willing to testify against Numicius are few and far between,” said Valerius. “In the past, those who dared rarely made it alive to the trial. People learn from others’ mistakes, surprisingly.”
“Why not do what you suggested to Ambustus?” asked Aemilia. “Register as his client and get him to talk to you about it.”
Valerius retorted even before I could. “I would never ask that of Felix!”
I saw the confusion rise on Aemilia’s face and softened my tone before replying. “In our system of patron and clients, there is no shame in accepting bribes. But once a man is bought, he stays bought. To do otherwise would be to close all doors. If I were to do as you suggest and officially register myself as Numicius’ client whilst working for Lucius Valerius, I would never be able to find employment in Egretia again. No one would ever trust me.”
“So, what then?” from Cornelia.
“The usual. Start with his cronies and work my way closer. Gain his confidence. Attempt to get a confession or at least witnesses willing to testify. And all without becoming his client.”
“And how would you do that?” asked Aemilia.
“I will think of something,” I replied. “If he’s employing incantatores with a loose understanding of the law that could be one angle. Or perhaps something more directly related to the insulae.”
“There is one matter we should probably address first,” said Aquilius. “We should file the case with the Urban Praetor sooner rather than later to avoid delays.”
“Isn’t it premature?” Cornelia interjected.
“By the time we deal with the preliminaries, the praetor will not be able to set a date for the trial sooner than a month hence.”
“And I trust that would be sufficient time for you?” Valerius addressed me.
I nodded confidently.
“Are you filing a charge of sacrilege?” Aemilia wondered. “For using nefas magia within city limits?”
“It will be harder to prove, unless we know for a fact he was involved in the creation of the tablets,” answered Aquilius. “Besides, there haven’t been many successful sacrilege cases. It’s too easy to weasel out of them.”
“Why not maiestas, then?” asked Cornelia. “Surely this is a kind of treason, even if he merely ordered the curses.”
“That won’t do. While perhaps easier to prove, if we succeed the state gets the lion’s share of the spoils. We would only be eligible for a tiny fraction of Numicius’ estate. We’d better make it a nummaria poena, a fiscal matter resulting in a hefty fine.”
“So, you file a property case, in rem?”
“In personam,” answered the lawyer. “It’s not a thing that is being contested, but rather his personal actions against Valerius to which we can attach a bill of damages.”
“Do you need me to be registered as a quadruplator?” I asked. Being listed as a formal informer in the case had its benefits — such as a quarter of the spoils.
“An index would be better,” said Aquilius. “If you plan to get close to Numicius, it’s best to keep your name in reserve until we are ready for the trial.”
Same task, less profit. Par for the course for me. Still, Valerius was paying me handsomely for my testimony. Greed is not a pretty trait.
Chapter XVII
For connoisseurs, the preliminary motions of a court case are almost as much fun as the eventual trial. None of the comitia were due to meet that day and a regular senate meeting was convened in the curia. This made it easy for Aquilius.
As soon as the morning session was over, senators drifted out of the building, chatting animatedly in small groups. Aquilius must have arranged things with the Urban Praetor, as the latter hastened to set up his stool and desk in the closest shady colonnade to the Senate’s doors. When Numicius made his way out, Aquilius stood on the curia’s steps and declared in a loud voice, “Gaius Numicius, I hereby summon you to trial!”
The gathered senators, as well as any passers-by in the Forum within hearing distance, stopped to gaze and then settled back to watch the show.
“Let us step before the praetor urbanus, so that your vile deeds against Lucius Valerius Flaccus — nay, against the whole of the good people of Egretia — may be made known to all, your shame exposed, and restitution of the good name of an upright citizen made.”
“He’s suicidal,” said one greybeard behind me. “To oppose Numicius like that in public — he’ll never live to the trial.”
“Nah,” responded another, tapping his nose. “He’s smart. He’s doing it in full public, see. Right in front of the praetor urbanus too. Too many witnesses — too many curious minds who’ll remember.”
“He might survive today but getting any witnesses to trial will be like getting live octopi to walk across a snowy mountain pass,” countered the first.
The second greybeard spat on the ground. “I wouldn’t bet a dried fig on any witnesses living through it. But the young ‘un will live. Numicius will clear his name in court. Then he will deal with him.”
I tuned out the gossips and returned my attention to the legal tableaux. Having done the verbal summons in ius vocatio as needed and according to custom, Numicius was bound to appear with Aquilius in front of the Urban Praetor or be declared indefensus and forfeit the claim.
So far, so good.
The main part of filing a lawsuit came with both of them standing before the magistrate. Aquilius had to define his claims according to the prescribed formulae. First the demonstratio — “Quod Valerio Flacco… Whereas Valerius Flaccus owns three insulae represented here by these three stones taken from their courtyards, and Gaius Numicius has impinged on Valerius’ ownership by committing delictual acts of vile character, against the laws of gods and men…” After this came the actual claim, the intentio — “Quidquid Numicio… If it appears that Numicius by his actions has violated Valerius’ rights under Quiritary law, then he is to pay the sum of…” Aquilius added an adnotatio, to indict Ambustus in the proceedings as well, making the connection as being Numicius’ client and henchman, his hand acting on Numicius’ direction.
And so on, and so forth.
The two greybeards next to me — whose names I gathered were Statilius and Valdrius — were rather impressed with young Aquilius, from the authority he projected in speech to his choices in legal forms. He used all the right words (and trials were lost for misuse of the ancient formul
ae), he presented his grievances clearly, and he chose the right form for the trial, given the complexities of the apparent case.
When his turn came, Numicius responded by first trying to dismiss the suit as a false claim, to which the praetor replied that prima facie there was nothing wrong with the application and final decisions would be by the judge. Numicius then tried to object to having been ambushed to appear before the praetor immediately after the summons. The Praetor responded that he would be agreeable to allowing more time until the trial. Aquilius then requested a larger sum to be put in bond, as delays meant financial harm to his patron.
This went on for a while, all according to custom and formula. They haggled over the dates and the urban praetor set it to ten days to the Kalends of October. The praetor then consulted a list and picked a judge — some hapless senator who would probably be cursing his luck with this trial. Jury lists were exchanged — a roll of one hundred names handed by Aquilius to be approved by the praetor, of which Numicius chose fifty-one.
Observing these proceedings from my vantage point in the crowd and listening to the chatter around me, it became obvious that Aquilius was correct in the choice of trial subject. The case was already drawing attention and there was no benefit in filing for sacrilege or treason. The two greybeards providing a running commentary throughout were giving me wonderful insights, especially concerning who might be siding later with Numicius. A complex game lay ahead of me.
***
And so, I began sniffing around to get the measure of Numicius, find his weak spots, and devise a way to entrap him. I spent the rest of that day in the Forum, listening to gossip about the public spectacle at the urban praetor as well as the debates in the Senate. When evening descended I went to the docks, bought wine for longshoremen, and learnt about their colleges and landlords. I visited myriad places around our city, picking up conversations, buying honest meals for dishonest people, and pouring liberating wine by the jugsful. I found a whorehouse belonging to one of his clients that was frequented by several of his cronies in which I spent some of Valerius’ money on bribes and prostitutes.