That night I slept very badly, in a cubicle adjoining Cicero's room. The tramp of the sentries' boots as they patrolled the garden and their whispered voices intermingled with my dreams. Seeing Lucullus had stirred a remembrance of Agathe, and I had a nightmare in which I asked him about her and he told me he had no idea whom I meant but that all his slaves in Misenum were dead. When I woke exhausted to the grey dawn, I had a heavy feeling of dread, as if a rock had been laid on my chest. I looked into Cicero's room, but his bed was empty. I found him sitting motionless in the library, with the shutters closed and only a small lamp beside him. He asked if it was dawn yet. He wanted to go home to speak with Terentia.
We left soon afterwards, escorted by a new detachment of bodyguards under the command of Clodius. Ever since the crisis began, this notorious reprobate had regularly volunteered to accompany the consul, and these demonstrations of his loyalty, matched by Cicero's stout defence of Murena, had strengthened the bond between them. I guess what drew Clodius to Cicero was the opportunity to learn the art of politics from a master – he intended to stand for the senate himself the following year – while Cicero was amused by Clodius's youthful indiscretions. At any rate, much as I distrusted him, I was glad to see him on duty that morning, for I knew he would lift the consul's mood with some distracting gossip. Sure enough, he started at once.
'Have you heard that Murena's getting married again?'
'Really?' said Cicero in surprise. 'To whom?'
'Sempronia.'
'Isn't Sempronia already married?'
'She's getting divorced. Murena will be her third husband.'
'Three husbands! What a hussy.'
They walked on a little further. 'She has a fifteen-year-old daughter from her first marriage,' said Clodius thoughtfully. 'Did you know that?'
'I did not.'
'I'm considering marrying the girl. What do you think?'
'So Murena would become your stepfather-in-law?'
'That's it.'
'Not a bad idea. He can help your career a lot.'
'She's also immensely rich. She's the heiress of the Gracchi estate.'
'Then what are you waiting for?' asked Cicero, and Clodius laughed.
By the time we reached Cicero's house, the female worshippers were emerging blearily into the cold morning, led by the Vestal Virgins. A crowd of bystanders had gathered to watch them go. Some, like Caesar's wife, Pompeia, looked very unsteady, and had to be supported by their maids. Others, including Caesar's mother, Aurelia, seemed entirely unmoved by whatever it was they had experienced. She swept past Cicero, stone-faced, without a glance in his direction, which suggested to me that she knew what had happened in the senate the previous afternoon. In fact an amazing number of the women coming out of the house had some connection with Caesar. In all I counted at least three of his former mistresses – Mucia, the wife of Pompey the Great; Postumia, the wife of Servius; and Lollia, who was married to Aulus Gabinius. Clodius looked on agog at this perfumed parade. Finally, Caesar's current and greatest amour, Servilia, the wife of the consul-elect, Silanus, stepped over the doorstep and into the street. She was not especially beautiful: her face was handsome – mannish, I suppose one would call it – but full of intelligence and strength of character. And it was typical of her that she, alone of all the wives of the senior magistrates, actually stopped to ask Cicero what he thought would happen that day.
'It will be for the senate to decide,' he replied guardedly.
'And what do you think their decision will be?'
'That is up to them.'
'But you will give them a lead?'
'If I do – forgive me – I shall announce it in the senate later rather than now on the street.'
'You don't trust me?'
'I do indeed, madam. But others may somehow get to hear of our conversation.'
'I don't know what you mean by that!' Her voice sounded offended but her piercing blue eyes shone with malicious humour.
'She is by far the cleverest of his women,' observed Cicero once she had moved on, 'even shrewder than his mother, and that's saying something. He'd do well to stick with her.'
The rooms of Cicero's house were still warm from the women's presence, the air moist with the scent of perfume and incense, of sandalwood and juniper. Female slaves were sweeping the floors and clearing away leftovers; on the altar in the atrium was a pile of white ash. Clodius made no attempt to hide his curiosity. He went round picking up objects and examining them and was obviously bursting to ask all manner of questions, especially when Terentia appeared. She was still wearing the robes of the high priestess, but even these were forbidden to the eyes of men, so she concealed them beneath a cloak that she kept tightly clasped at her throat. Her face was flushed; her voice was high and strange.
'There was a sign,' she announced, 'not an hour ago, from the Good Goddess herself!' Cicero looked dubious, but she was too enraptured to notice. 'I have received a special dispensation from the Vestal Virgins to inform you of what we saw. There,' she gestured dramatically, 'on the altar, the fire had entirely burned out. The ash was quite cold. But then a great bright flame shot up. It was the most extraordinary portent anyone could ever remember.'
'And what do they think it means, this portent?' enquired Cicero, clearly interested despite himself.
'It is a sign of favour, sent directly to your home on a day of great importance, to promise you safety and glory.'
'Is it indeed?'
'Be bold,' she said, taking his hand. 'Do the brave thing. You will be honoured for ever. And no harm will come to you. That is the message from the Good Goddess.'
I have often wondered in the years since whether this affected Cicero's judgement at all. True, he had repeatedly derided auguries and omens to me as childish nonsense. But then I have found that even the greatest sceptics, in extremis, will pray to every god in the firmament if they think it might help them. Certainly I could tell that Cicero was pleased. He kissed Terentia's hand and thanked her for her piety and concern for his interests. Then he went upstairs to prepare for the senate as news of the portent was spread, on his instructions, to the crowd in the street. Clodius, meanwhile, had found a woman's shift lying beneath one of the couches, and I watched him put it to his nose and inhale deeply.
On the orders of the consul, the prisoners were not brought to the senate but were left where they had been confined overnight. Cicero said this was for reasons of security, but in my opinion it was because he could not bear to look at their faces. Once again the session was held in the Temple of Concordia, and all the leading men of the republic attended except for Crassus, who sent word that he was ill. In reality he wished to avoid casting a vote either for or against the death penalty. He may also have been fearful of assault: there were plenty among the patricians and the Order of Knights who thought he too should have been arrested. Caesar, however, turned up as cool as you please, his sharp wide shoulders pushing past the guards, ignoring their oaths and insults. He squeezed into his seat on the front bench, settled back and thrust out his legs far into the gangway. Cato's narrow skull was directly opposite him: his head was bent reading the treasury accounts as usual. It was very cold. The doors at the far end of the temple had been left wide open for the crowd of spectators, and a veritable gale was blowing down the aisle. Isauricus wore a pair of old grey mittens, there was much coughing and sneezing, and when Cicero stood to call the house to order, his breath billowed out like steam from a cooking pot.
'Gentlemen,' he declared, 'this is the most solemn assembly of our order that I can ever remember. We meet to determine what should be done with the criminals who have threatened our republic. I intend that every man here who desires to speak shall have the chance to do so. I do not mean to express a view myself—' He held up his hand to quell the objections. 'No one can say I have not played the part of leader in this matter. But henceforth I wish to be the senate's servant, and whatever you decide, you may be sure I shall put into effect. I would rul
e only that your decision must be reached today, before nightfall. We cannot delay. Your punishment, whatever form it takes, must be a swift one. I now call Decimus Junius Silanus to give his opinion.'
It was the privilege of the senior consul-elect always to speak first in debates, but I am sure that on that particular day it was an honour Silanus would happily have forgone. Up to now I have not had much to say about Silanus, in part because I find it hard to remember him: in an age of giants, he was a dwarf – respectable, grey, dull, prone to bouts of ill health and enervating gloom. He would never have won the prize in a thousand years but for the energy and ambition of Servilia, who was so determined that her three daughters should have a consul for a father, she made herself Caesar's mistress to further her husband's career. Glancing occasionally with nervous eyes along the front bench to the man who was cuckolding him, Silanus spoke haltingly of the competing claims of justice and mercy, of security and liberty, of his friendship with Lentulus Sura and his hatred of traitors. What was he driving at? It was impossible to tell. Finally Cicero had to ask him directly what penalty he was recommending. Silanus took a deep breath and closed his eyes. 'Death,' he said.
The senate stirred as the dreadful word was spoken. Murena was called next. I could see why Cicero had favoured him to be consul over Servius at a time of crisis. There was something solid and four-square about him as he stood with his legs apart and his pudgy hands on his hips. 'I am a soldier,' he said. 'Rome is at war. Out in the countryside women and children are being ravished, temples pillaged, crops destroyed; and now our vigilant consul has discovered that similar chaos was being plotted in the mother city. If I found men in my camp planning to set it afire and murder my officers, I would not hesitate for an instant to order their execution. The penalty for the traitors is always, must be – and can only be – death.'
Cicero worked his way along the front bench, calling one ex-consul after another. Catulus made a blood-curdling speech about the horrors of butchery and arson and also came out firmly in support of death; so did the two Lucullus brothers, Piso, Curio, Cotta, Figulus, Volcacius, Servilius, Torquatus and Lepidus; even Caesar's cousin Lucius came down reluctantly for the supreme penalty. Taken together with Silanus and Murena, that made fourteen men of consular rank all arguing for the same punishment. No voice was raised against. It was so one-sided, Cicero later told me he feared he might be accused of rigging the vote. After several hours during which nothing had been heard except demands for death, he rose and asked if there was any man who wished to propose a different sentence. All heads naturally turned to Caesar. But it was an ex-praetor, Tiberius Claudius Nero, who was the first on his feet. He had been one of Pompey's commanders in the war against the pirates, and he spoke on his chief's behalf. 'Why are we in such a hurry, gentlemen? The conspirators are safely under lock and key. I believe we should summon Pompey the Great home to deal with Catilina. Once the leader is defeated, then we can decide at our leisure what to do with his minions.'
When Nero had finished, Cicero asked, 'Does anyone else wish to speak against an immediate sentence of death?'
That was when Caesar slowly uncrossed his legs and rose to his feet. Immediately a great cacophony of shouts and jeering rang out, but Caesar had obviously anticipated this and had prepared his response. He stood with his hands behind his back, patiently waiting until the noise had died down. 'Whoever, gentlemen, is pondering a difficult question,' he said in his quietly threatening voice, 'ought to clear his mind of all hatred and anger, as well as affection and compassion. It isn't easy to discern the truth if one gives way to emotion.' He uttered the last word with such stinging contempt, it had the effect of briefly silencing his opponents. 'You may ask why I oppose the death penalty—'
'Because you're also guilty!' someone shouted.
'If I were guilty,' retorted Caesar, 'how better to hide it than to clamour for death with all the rest of you? No, I don't oppose death because these men were once my friends – in public life one must set aside such feelings. Nor do I oppose it because I regard their offences as trivial. Frankly, I think that any torture would be less than these men deserve. But people have short memories. Once criminals have been brought to justice, their guilt is soon forgotten, or becomes a matter of dispute. What's never forgotten is their punishment, especially if it's extreme. I'm sure Silanus makes his proposal with the best interests of his country at heart. Yet it strikes me – I won't say as harsh, for in dealing with such men nothing could be too harsh, but as out of keeping with the traditions of our republic.
'All bad precedents have their origins in measures that at the time seem good. Twenty years ago, when Sulla ordered the execution of Brutus and other criminal adventurers, who among us did not approve his action? The men were villains and trouble-makers; it was generally agreed that they deserved to die. But those executions proved to be the first step on the path to a national calamity. Before long, anyone who coveted another man's land or villa – or in the end merely his dishes and clothes – could have him killed by denouncing him as a traitor. So those who rejoiced in the death of Brutus found themselves being hauled off to execution, and the killings didn't stop till Sulla had glutted all his followers with riches. Of course I'm not afraid that any such action will be taken by Marcus Cicero. But in a great nation like ours there are many men, with many different characters, and it may be that on some future occasion, when another consul has, like him, an armed force at his disposal, a false report will be accepted as true. If so, with this precedent set, who will there be to restrain him?'
At the mention of his own name, Cicero intervened. 'I have been listening to the remarks of the chief priest with great attention,' he said. 'Is he proposing that the prisoners simply be released to join Catilina's army?'
'By no means,' responded Caesar. 'I agree that they have forfeited the right to breathe the same air and see the same light as the rest of us. But death has been ordained by the immortal gods not as a means of punishment but as a relief from our toil and woe. If we kill them, their suffering ceases. I therefore propose a harsher fate: that the prisoners' goods shall be confiscated and that they shall be imprisoned, each in a separate town, for the remainder of their lives; against this sentence the condemned shall have no right of appeal, and any attempt by any person to make an appeal on their behalf shall be regarded as an act of treason. Life, gentlemen,' he concluded, 'will mean life.'
What an astonishing piece of effrontery this was – but also how clever and effective! Even as I wrote Caesar's motion down and handed it up to Cicero, I could hear the excited whispers running around the senate. The consul took it from me with a worried expression. He sensed his enemy had made a cunning move but was not quite sure of all its implications, or how to respond. He read Caesar's proposal aloud and asked if anyone wished to comment upon it, whereupon who should stand up but consul-elect and cuckold-in-chief Silanus.
'I have been deeply moved by the words of Caesar,' he declared, with an unctuous rubbing of his hands. 'So moved, in fact, that I shall not vote for my own proposal. Instead of death, I too believe that a more appropriate punishment would be imprisonment for life.'
That provoked a low exclamation of surprise, followed by a kind of rustling along the benches, which I recognised immediately as the wind of sensible opinion changing its direction. In a choice between death and exile, most senators favoured death. But if the choice became one between death and incarceration for life, they were able to adjust their calculation. And who could blame them? It seemed to offer the perfect solution: the conspirators would be punished horribly, but the senate would escape the odium of having blood on its hands. Cicero looked around him anxiously for supporters of the death penalty, but now speaker after speaker rose to urge the merits of perpetual imprisonment. Hortensius supported Caesar's motion; so, surprisingly, did Isauricus. Metellus Nepos declared that execution without the right of appeal would be illegal, and echoed Nero's demands for Pompey to be recalled. After this had gone on for ano
ther hour or two, with only a few voices now hankering after death, Cicero called a brief adjournment before the vote to allow some senators to go outside and relieve themselves and others to take refreshment. In the meantime, he held a quick private conclave with Quintus and me. It was already starting to get gloomy again and there was nothing we could do to alleviate it – lighting a fire or any kind of lamp within the walls of a temple was of course forbidden. Suddenly I realised there was not much time left. 'Well,' Cicero asked us softly, leaning out of his chair, 'what do you think?'
'Caesar's motion will pass,' answered Quintus in a whisper, 'no question of it. Even the patricians are weakening.'
Cicero groaned. 'So much for their promises …'
'Surely this is good for you,' I said eagerly, for I was all in favour of a compromise. 'It lets you off the hook.'
'But his proposal is a nonsense!' hissed Cicero, with an angry glance in Caesar's direction. 'No senate can pass a law that will bind its successors in perpetuity, and he well knows it. What if a magistrate lays a motion next year to say that it isn't treason to agitate for the prisoners' release after all, and it passes through a public assembly? He just wants to keep the crisis alive for his own ends.'
'Then at least it will become your successors' problem,' I answered, 'and not yours.'
'You'll look weak,' warned Quintus. 'What will history say? You'll have to speak.'
Cicero's shoulders sagged. This was precisely the predicament he had dreaded. I had never seen him in such an agony of indecision. 'You're right,' he concluded, 'although I can see no outcome from this that isn't ruinous to me.'
Accordingly, when the adjournment ended, he announced that he would give his view after all. 'I see that your faces and eyes, gentlemen, are all turned upon me, so I shall say what as consul I must say. We have before us two proposals: one of Silanus – though he will no longer vote for it – urging death for the conspirators; the other of Caesar for life imprisonment – an exemplary punishment for a heinous crime. It is, as he says, far worse than death, for Caesar removes even hope, the sole consolation of men in their misfortune. He further orders that their property be confiscated, to add poverty to their other torments. The only thing he leaves these wicked men is their life – whereas if he had taken that from them, he would in one painful act have relieved them of much mental and bodily suffering.
Lustrum Page 22
