As censor, chief magistrate and as Pontifex Maximus or chief priest, the Emperor himself judged many criminal proceedings. If Rome was a collective household, Domitian was its head. He presided over serious trials. Theoretically, he would never initiate charges himself, but when names were handed in by informers, the facts (or fantasies) had to be checked to gauge the likelihood of securing a conviction; where Domitian was the judge, his Praetorians liaised closely with the Urban Cohorts. Vinius Clodianus helped the Urbans evaluate cases and gave them ideas for following up evidence.
He was startled by what he saw. As censor, Domitian’s actions were meticulously correct, yet some seemed crazy and unjust; he ordered that when a juryman was convicted of taking bribes, all his colleagues on that jury should be punished too. He expelled someone from the Senate because he had acted in pantomimes. An ex-centurion was proved to be a slave after many years living as a free citizen; he was returned to slavery with his original master. Charges that the Emperor hounded married women for adultery were coloured with tales that he had often seduced the women himself first — though at Plum Street Clodianus once overheard one of Lucilla’s clients maintaining that if true, the women would not submit quietly but would come out and accuse him openly. What was there to lose? And why should Domitian get away with it? (Lucilla realised Vinius was in the apartment and shut the woman up fast.)
Sometimes accusations revived old injuries: Vespasian had once decided not to prosecute an opponent called Mettius Pompusianus, declaring that leniency would force him to be grateful and therefore loyal. Domitian first exiled Pompusianus to Corsica, then put him to death for having a map of the world painted on his bedroom walls, indicating supposed political ambitions. The man had also taken an interest in historical royalty. Studying bad rulers from the past was always seen as suspicious by bad rulers of the present; a philosopher died after an unwise speech criticised tyrants.
Domitian had no compunction about making an attack personal. Aelius Lamia perished; his only crime was to have been Domitia Longina’s first husband. Although at one point Domitian had made him consul, Lamia was never reconciled; he took his loss hard and made no secret of it. Someone complimented him on his voice; he joked that he had given up sex and gone into training (as vocalists did). Then when Titus once urged him to remarry, Lamia scoffed, ‘Why — are you looking for a wife yourself?’ In the end, he was prosecuted on a trumped-up charge. He was supposed to have composed libellous verse.
The written word was always dangerous. Suspicion was so invasive that on two occasions issues of intellectual freedom drove Gaius and Lucilla further apart. What Lucilla had heard about Vinius at work, in gossip from his family, convinced her that he had become an accomplice to Domitian’s repression.
The first time they clashed was at the home of Felix and Paulina when Lucilla was invited for Marcia’s birthday. Vinius did not attend the meal, but turned up with a present for the young girl afterwards. It was raining; he was wearing his hooded military cloak and although he unfastened the front toggles, he kept it on so was clearly not staying. To avoid him, Lucilla stepped out on a sun terrace ‘for air’, but he followed her.
It was ages since he had spoken to her directly. He came out munching cake in a casual way, but the confrontation was preplanned because he quickly broached the unusual subject of a poem by her friend Statius, about Rutilius Gallicus. This happened after the City Prefect regained his health and resumed his duties. How Vinius knew about the poem was never clear, for Statius had not yet published his collection; an informer must have gone to one of the poet’s popular readings, heard him recite a draft addressed to Rutilius, and made an insinuating report.
‘The piece began, “Rutilius has recovered, thank you, gods; you do exist!” Makes you vomit,’ declared Vinius, a frank critic.
‘Papinius Statius writes in what is called the mannerist style,’ Lucilla replied in a haughty tone, staring out at the rain which had come on suddenly earlier and still drenched the empty streets. A damp breeze chilled her arms; she huddled in her stole. ‘Much as I like him, I agree the heavy classical allusion can seem overdone.’
‘He must be taking the piss.’
‘He writes occasional poems to mark public events, or poems of friendship. Celebrating a marriage, bon voyage, a new bath house-’
‘Lament for a dead parrot!’ snorted Vinius. Lucilla was already dismayed, then he went into startling detaiclass="underline" ‘Listen: in this Rutilius effort, according to your crazy poet friend, the god Apollo and his medico son Aesculapius personally flew here and saved the Prefect with a mystical infusion of some herb called dittany from Crete. What rubbish. It’s an insult to the excellent Themison of Miletus, who I know used a very successful healing regime based on sympathy and rest. One passage described Rutilius sprawled and inert — it mentions overwork, lack of sleep, how he was frozen in inactivity — ’
Alarmed, Lucilla interrupted, ‘Is this an official visit?’
Vinius stared at the depressing weather.
‘Gaius Vinius, are you interrogating me?’
‘If it was official I would have the militia outside.’ Inside in fact, with you tied to a chair… ‘One question: I see nothing to be ashamed of in the man’s collapse. Rutilius seems open about it. Everyone knew he was unwell. But to avoid a crisis of confidence, it was officially decided not to give out exact details.’
Lucilla finally understood. ‘You think I told Statius what happened?’
‘I am trying not to believe that.’
‘You’re scared you’ll get into trouble for having said too much to me!’
Vinius glowered. ‘Think that if you must. So, Flavia Lucilla, did you pass on what I told you?’
‘No.’
‘Thank you.’
Although bitterly resentful, Lucilla tried to diffuse trouble: ‘Rutilius writes; he attends the literary circle. During his recovery he talked freely about his symptoms. He told Statius himself.’
‘Fine.’
‘Is that it? You are not much of an interrogator; what if I am lying?’
‘Are you?’
‘No.’
‘Case closed then.’ Vinius shrugged. Refastening his cloak toggles, he appeared to be leaving. ‘Sorry. Mistrust festers, until even the innocent are seen as guilty. The worst is, it takes almost nothing to make you feel guilty.’
‘It must be hard to do your job,’ sneered Lucilla.
‘Better I do it, than somebody less scrupulous,’ said Gaius briefly, as he left her alone on the wet terrace.
Perhaps he really believed that.
She called after him from the doorway. ‘I thought you might mention artichokes!’
All the family indoors were listening. Gaius gave her a pleading look that had been known to win over the sternest of aunts. ‘An accident. I just couldn’t resist. I had hoped my replacement met your schedule of reparations.’
‘Nobody buys me!’ Lucilla hooted.
Pretty well everyone else in Rome was being bought. Vinius Clodianus was fielding accusations more often than he liked his friends and family to know. Having to keep secrets from your own circle was part of the insidious process. He tried only to take action when he thought action was justified, but sometimes he was given orders from above against his inclinations. If people were guilty, he supported arrests. But sometimes it went too far, he had to admit.