I stared at him blankly, unable to make sense of what he was saying. He went on, nonetheless. "Then you missed Crassus's whole speech. Just as well, actually. Nobody had a climax there! Seems Crassus was trying to get Caelius off the hook for all those killings on the way up from Neapolis, but if you ask me, Crassus never did learn how to give a decent speech. Plodding, plodding! Words, words, words, and not a memorable pun among them. He should stick to what he knows, making piles of money, and simply bribe the judges instead of boring them to death with bad rhetoric. He made Caelius look as guilty as Caelius managed to make , himself look innocent! It's all up to Cicero now. Who's this?" "My son," I said absently, and introduced Eco.
"Well, good, you're both here for the real speech. Cicero's about to begin. Come, let's see if we can't move up a bit . . ."
We managed to move considerably closer, so that I was able to see quite clearly the figure now stepping before the judges. Slender and frail when I first met him long ago, Cicero had become plump and thick-jowled in the years of his prosperity. The political triumph of his con-sulship had been followed by near-ruin, when his enemies managed to banish him; counterlegislation passed by Cicero's allies eventually welcomed him back, but not before the great man passed eighteen months in exile, during which time much of his property was destroyed by the mob. In his months away from Rome, Cicero had grown lean with worry, or so it was said. From the way his toga clung to his frame as he swaggered before the court, it looked to me that he had made short work of regaining both his girth and his stature.
Clodius had once been Cicero's political ally, then his nemesis. Even now Clodius was attempting to keep Cicero from rebuilding his ruined house on the Palatine, claiming that the property had been legally seized by the state and sanctified for religious use, and so could not be recovered by Cicero. The two enemies waged war against one another in every arena they could find—on the floor of the Senate, in courts of law, in the reading of omens by priests and augurs. Between them burned the kind of hatred that can be extinguished only by death.
That was reason enough for Cicero to hate Clodia, perhaps, since she was her brother's staunchest supporter and a party to his schemes. But what of the vague rumor which Catullus had repeated, about a stunted love affair between Clodia and Cicero, back when her brother and Cicero were allies? Perhaps he hated Clodia for reasons that had nothing to do with politics, or with Clodius. That would help to account for what he did to her that day. Or perhaps, like a good advocate, he simply did whatever was necessary to make sure Marcus Caelius was acquitted of the charges against him.
As I watched Cicero deliver the final oration of the trial—one of the finest of his career, some would later say—I felt as if I were watching a play. Like a play, the action seemed distant from me, the dialogue out of my control; I was a spectator, powerless to stop or alter the course of unfolding events. But a playwright strives to elucidate some truth, whether mundane and comic or grand and tragic. Where was the truth in this strange play? Who was the villain, and who the tragic figure? It seemed to me that I was witnessing the sort of play where the action becomes increasingly tangled and absurd, until there is no way out of the mess except to bring on a god or a messenger to deliver a speech that makes sense of everything. But the messenger from offstage had already arrived: Eco, bringing the slave girl up from the south. Now I knew the truth about Dio's death, but no one on the stage seemed to know—not Cicero, nor Caelius, nor Clodia. For me to reveal what I knew, to play the part of the god from the machine, was impossible. How could I incriminate my own wife?
I could only watch, helpless and mute, as the battle between Clodia and Caelius reached its climax. Poison, deception and false accusation had already been deployed to attack and counterattack. Now Cicero, like a hoary old general, was brought out to deliver the final assault. Words would be his weapon. She doesn't understand the power of words, Catullus had said of Clodia. She was about to learn, in front of all Rome.
"Judges," Cicero began, bowing his head respectfully and surveying the long rows of the jurymen, looking from face to face. "If there should be anyone present here today unfamiliar with our law courts and their customs, he must wonder at the terrible urgency of this particular case, seeing that all other public business has been suspended for the holiday and this is the one and only trial being held in the midst of public festivities and games. Such an observer would undoubtedly conclude that the defendant must be quite a dangerous fellow, a hardened renegade guilty of some crime so terrible that the whole state will collapse unless his transgressions are dealt with at once!
"One would explain to such an observer that we have a special law which deals with criminal behavior against the state. When traitorous Roman citizens take up arms to obstruct the Senate, or to attack magistrates, or to try to destroy the government itself, we are obliged to proceed with trying such men regardless of holidays. Our observer would surely not object to such a law, dedicated to the preservation of the state itself. But he would want to know exactly what sort of charges were involved in the present case. Just imagine his reaction at being informed that no real crime or outrage was before the court at all. Instead, a talented, vigorous, well-liked young fellow is being prosecuted by the son of a man against whom the defendant recently brought charges. Furthermore, the whole prosecution has been organized and financed by a whore."
The crowd collectively sucked in a breath. There were a few out-bursts of laughter which rang all the louder in the general silence. Caelius had made fancy allusions to Clytemnestra, and convoluted puns about Cos and Nola. He had even held up a pyxis and alluded to the story of the semen-filled box. But Cicero, in the first moments of his speech, had called Clodia an outright prostitute. It was an announcement and a warning: nothing would be held back. I tried to see Clodia's reaction, but the crowd had shifted and my view was blocked.
"What would our hypothetical observer think of all this?" Cicero continued. "No doubt he would conclude that the chief prosecutor should be excused for bringing such a flimsy case—Atratinus is very young and inexperienced, and his devotion to his father is understandable. Our observer would further conclude that the malicious tantrums of the woman in question ought to be better controlled, or at least confined to her bedroom. Also, good judges, our observer would conclude that you are being sorely overworked, since everyone but you has the day off!"
This brought a round of appreciative laughter from the front rows and a lessening of tension, except from the prosecutor's section, where I caught a glimpse of Clodia. Her face looked so rigid she seemed to be wearing a mask.
Cicero continued with a defense of Caelius's character. He dismissed whatever political differences might have put a distance between himself and his young protege. That was all over now. If Caelius had made mistakes, he was entitled to do so, as was every young man so long as he conducted himself with integrity and honesty.
"Ah, but the prosecutors have accused Caelius of being in debt, and thus, presumably, vulnerable to bad influences and a life of crime. They have demanded that he hand over his account books for inspection. My reply to this is simple. There are no account books! A young man like Caelius, still subject to his father's authority, doesn't keep his own account books. The prosecution says that Caelius has borrowed heavily, but they will be unable to show any proof of this. Ah, but he must have been living beyond his means, they say, because of that luxurious apart-ment he kept on the Palatine, which he rented from Clodius for the amazing sum (so they tell us) of thirty thousand sesterces a year. The figure is absurd! Ten thousand sesterces is more like it. Well, you can see what's going on here when you realize that Clodius recently put the building up for sale and is asking a lot more than it's worth. The pros-ecution is doing Clodius a favor by inflating his rent receipts, so that he can swindle some fool into paying him three times what that rat-infested eyesore is really worth!"
The crowd laughed. Cicero shook his head in mock dismay, but seemed barely able to keep from smiling
at his own cleverness. A serious trial about the assassination of foreign dignitaries had suddenly become an inquiry into malicious female revenge and shady real estate dealings.
Was Caelius on trial for murder, or the Clodii for their vices? The crowd seemed happy to follow Cicero's lead so long as he amused them.
"You reproach Marcus Caelius for moving out of his father's house into that apartment on the Palatine, as if it showed him to be a bad son when in fact he took the place with his father's blessing. You imply that he moved there so that he could throw wild parties, when in fact he moved there because he was beginning his political career and needed a place closer to the Forum. But you're absolutely right when you say that it was a mistake for Caelius to take that apartment on the Palatine. What a source of grief the place turned out to be! That was when all his troubles
began or more precisely, when all this malicious gossip began—when our young Jason went a-journeying and found himself in the neighborhood of that Medea of the Palatine."
"Medea of the Palatine"—I had heard the phrase before, just as I had heard someone call Clodia "Clytemnestra-for-a-quadrans" before Caelius did so. It was Catullus, on the night he first took me to the Salacious Tavern.
Who calls her such things?
I had asked him
I do! I just made them up, out of my head. What do you think? I'll need some fresh invectives if I'm to get her attention again . . .
I turned and stared at Catullus, who kept his gaze straight ahead.
"I shall come back to this Medea and her part in this affair in due course," said Cicero, with a hint of menace. "Right now I should like to spare a few words for the so-called witnesses and the various fictions which have apparently been concocted to support the prosecution's case. One of these tales refers to a certain Senator Fufius. The old fellow will supposedly testify that during the election of pontiffs Caelius physically assaulted him. If the senator decides to go ahead and testify, I shall ask him why he did not press charges shortly after the alleged assault took place, instead of waiting so long. Does he come forward now on his own initiative, or at the behest of those behind the prosecution? If it's the latter, as I think we all know it must be, then what a sad reflection on the producers of this tawdry drama, that they can coerce only one member of the Senate into putting on an actor's mask and speaking the lines they've scripted!
"Nor am I impressed by the witnesses who will supposedly tell us how their virtuous wives were molested by Caelius on their way home from a dinner party one night. What high principles these outraged nighthawks must have, to wait until now to bring these charges. At the time, they didn't even ask to meet informally with Caelius to resolve any grievances they may have had.
"Supposedly there will be yet more witnesses, with shocking revelations. But I don't think we should count on hearing anything the least bit believable, or expect to see anyone even remotely credible on the witness stand. You know as well as I do, judges, the sort of riffraff that can be found loitering around the Forum on any given day, men with , nothing better to do who are willing to come forward and testify to almost anything under oath, so long as someone pays them to do so. If the prosecution insists on bringing hired actors into these proceedings, I have faith, gentlemen, that your experienced judgment and common sense will see through their testimony to the greed that underlies it."
Was it my imagination, or was Cicero looking directly at me? So much for the surprise witness whom Herennius had promised to bring forth, the man whose honesty had awed even Cicero! With a single pre-emptive remark I was dismissed as a bribed perjurer. The attack was wasted, of course. I had already refused to appear as Clodia's surprise witness. But that was when I had cause to think that her poisoning was a sham, that she had borrowed the gorgon's hair from Bethesda to deceive me. Now it seemed that she truly had been poisoned. I glanced at her face and saw how listless she still seemed. Had she really come so close
to death?
"For my part," Cicero continued, "I have no intention of troubling you with any witnesses. The facts of the case are solid and unshakable. The truth doesn't hinge on what a given witness may or may not say. What value is 'evidence' that can be distorted and manipulated or purchased outright? I prefer to use the rational method, rebutting error with proof, answering falsehoods with facts, laying everything open to the harsh scrutiny of reason.
"You've just heard my colleague Marcus Crassus do exactly that. He took on the charges about Caelius's role in the disturbances at Neapolis and Puteoli with such clear elucidation that I wish he had also dealt with the question of Dio's murder. But really, what more is there to be said about that matter? We all know the ultimate perpetrator of the crime. We also know that he fears no retribution and doesn't even bother to deny what he's done. The man's a king, after all, and not subject to Roman justice. Furthermore, the fellow who was accused of being that king's agent—Publius Asicius—has already stood trial. He was found innocent. Some say the trial was tainted, but I say that's nonsense—and I should know, as I defended Asicius myself. Now the prosecutors are trying to make us think that Caelius was another of the king's agents, that he was Asicius's confederate in that terrible murder. Where have the prosecutors been for the last few months? Could it be that they never got the news that Asicius was acquitted? What a waste of their time, and yours, judges, for them to try to link Caelius with Asicius, since Asicius was found innocent!" Cicero threw up his hands in exasperation.
"Let us move on to the heart of the matter. The prosecution has said a great deal about character. I agree absolutely that character is the central issue here, though not necessarily the character of Marcus Caelius. Yesterday, judges, I saw how closely you followed the arguments of my friend Lucius Herennius. He said a great deal about financial irresponsibility, unbridled lust, immorality, and other youthful vices. Herennius is usually a mild-mannered fellow, tolerant, urbane, very temperate and modern in his outlook. But here in court yesterday he seemed to turn into one of those frowning, moralizing, upright old tutors who made us quiver with dread when we were boys. He called Marcus Caelius to task in terms harsh enough to make even the sternest father blanch. He went on and on about the evils of wild living until even I began to quail a bit. Was it proper, he demanded to know, that I should defend a man who has sometimes accepted dinner invitations, who has gone for walks in fashionable gardens along the Tiber, who has on one or two occa-sions in his life splashed on scent from a bottle, who has even gone wading in mixed company down at the beaches at Baiae? Such appalling behavior is unforgivable!
"Or is it? Come, Herennius, I think we all know of men who have indulged in a bit of high living in their youth, who have then turned around and made themselves into perfectly respectable citizens. Everyone agrees that young men must be allowed a certain amount of recklessness. Nature has given them strong sexual appetites, and as long as they indulge those appetites without wrecking someone else's home, the wise thing is to let nature run its course. Understandably, those of an older generation like myself are concerned over the troubles that can arise from the excesses of youth. But it seems to me unfair, Herennius, that you should exploit our reasonable concern to stir up suspicion and prejudice against a particular young man. You recite a whole catalogue of vices to incite our moral abhorrence, but your posturing distracts us from the actual person of Marcus Caelius. He is no more guilty of such excesses than most young men. He deserves our indulgence no less. He should not be condemned for the failings of his entire generation!
"Let us move on to something more specific, namely this business about gold and poison. Both of these alleged transactions revolve around the same person: supposedly, the gold was taken from Clodia and the poison was given to her. Now here at least we have some genuine ac-cusations! All the other charges in this case amount to innuendos and insults, better suited to a shouting match than to a sober court of law. Saying that Caelius seduces other men's wives, that he brawls and takes bribes and so on and so forth—these are
slanders, not accusations, groundless slurs of the sort uttered by prosecutors who tend to let their blustering get out of control. But about these last two charges, concerning the gold and the poison, there's something a bit more tangible. Yes, I sense that there must be something to these accusations—or rather, someone behind them, a certain individual with a very deliberate goal.
"Here's the first story: Caelius needed gold and got it from Clodia— with no witnesses about, mind you. Proof, anyone would think, of considerable friendship between them. The second story: Caelius decided to murder Clodia, got hold of some poison, bribed collaborators, fixed a time and place to convey the poison to those who would administer it. Evidence this time of overpowering hatred!
"Judges, this entire case revolves around Clodia, a woman of high birth—and low reputation. I'm not here to rake up scandal, and I get no enjoyment from impugning the virtue of a Roman lady. However, since the whole case against my client originates from this woman, and since it's my duty to defend my client, I have no choice but to deal with the accusations as forthrightly as I can. Still, in talking about this woman I will strive to say no more than is absolutely necessary to refute the charges. Indeed, I feel obliged to watch what I say very carefully, since everyone knows of the unfortunate enmity that exists between myself and this woman's husband."
There was a burst of laughter. Cicero pretended to look confused. "Oh, did I say husband? I meant to say her brother, of course; I can't imagine why I'm always making that mistake." He shrugged and smiled. "Well then, my apologies, judges, for having to drag a lady's name into these proceedings. Really, I never imagined I should find myself in a court of law fighting with a woman—especially this woman, who is said to be the friend of every man she meets."
He waited for the laughter to die down. The crowd had shifted and I was able to see Clodia again. Her face was stiff but even from a distance I could see the alarm in her eyes. She had begun to realize the full magnitude of the mistake she had made in taking her grievances against Caelius into a public arena.
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