On the second, Caesar followed her on to the witness stand, and I was struck again by the similarities between mother and son – tough and sinewy, and confident beyond mere arrogance, to a point where all men, aristocrat or plebeian, were deemed equally beneath them in their gaze. (This, I think, was why he was always so popular with the people: he was far too superior to be a snob.) Under cross-examination he responded that he could not say what had happened that night, as he had not been present. He added, very coldly, that he bore no particular ill will towards Clodius – in whose direction, however, he did not once look – because he had no idea whether he was guilty or not; clearly, he loathed him. As to his divorce, he could only repeat the answer he had given Cicero in the senate: he had set Pompeia aside not necessarily because she was guilty but because, as the chief priest's wife, she could not be tainted by suspicion. As everyone in Rome knew of Caesar's own reputation, not least his conquest of Pompey's wife, this fine piece of casuistry provoked long and mocking laughter, which he had to endure behind his habitual mask of supreme indifference.
He finished giving evidence and stepped down from the tribunal, coincidentally at exactly the same moment as Cicero rose to leave the audience. They almost walked into one another, and there was no chance of avoiding at least a brief exchange.
'Well, Caesar, you must be glad your testimony is over.'
'Why do you say that?'
'I presume it must have been awkward for you.'
'I never feel awkward. But yes, you're right, I am delighted to put this absurd affair behind me, because now I can set off for Spain.'
'When are you planning to leave?'
'Tonight.'
'But I thought the senate had forbidden the new governors to leave for their provinces until the trial was over?'
'True, but I haven't a moment to lose. The moneylenders are after me. Apparently I somehow have to make twenty-five million sesterces just to own nothing.' He gave a shrug – a gambler's shrug: I remember he seemed quite unconcerned – and sauntered off towards his official residence. Within the hour, accompanied by a small entourage, he was gone, and it was left to Crassus to stand surety for his debts.
Caesar's evidence was entertaining enough. But the real highlight of the proceedings came on the third day of Clodius's trial with the appearance of Lucullus. It is said that at the entrance to Apollo's shrine at Delphi three things are written: 'Know thyself'; 'Desire nothing too much' and 'Never go to law'. Did ever a man so wilfully ignore these precepts as Lucullus in this affair? Forgetting that he was supposed to be a military hero, he ascended the platform trembling with his desire to ruin Clodius, and very soon began to describe how he had surprised his wife in bed with her brother during a vacation when Clodius had been a guest in his house on the Bay of Naples more than a decade earlier. By then he had been watching them together for many weeks, said Lucullus – oh yes, the way they touched one another, and whispered when they thought his back was turned: they took him for a fool – and he had ordered his wife's maids to bring her sheets to him each morning for his inspection and report to him everything he saw. These female slaves, six in all, were summoned into court, and as they filed in, clearly nervous and with their eyes lowered, I saw among them my beloved Agathe, whose image had rarely left my mind in the two years since we were together.
They stood meekly as their depositions were produced, and I willed her to look up and glance in my direction. I waved. I even whistled. The people standing around me must have thought I had gone mad. Finally I cupped my hands to my mouth and yelled her name. She did raise her eyes at that, but there were so many thousands of spectators crammed into the forum, and the noise was so intense, and the glaring sunshine so bright, there can have been little chance of her seeing me. I tried to struggle forward through the packed crowd, but the people in front of me had queued for hours for their places, and they refused to let me pass. In an agony I heard Clodius's counsel announce that they did not wish to challenge these witnesses, as their testimony was not relevant to the case, and the maids were ordered to leave the platform. I watched Agathe turn with the others and descend out of sight.
Lucullus resumed giving evidence and I felt a great hatred well up in me at the sight of this decaying plutocrat who unthinkingly possessed a treasure for which, at that moment, I would have given my life. I was so preoccupied that I briefly lost track of what he was saying, and it was only when I realised that the crowd had started to gasp and laugh with delight that I took notice of his evidence. He was describing how he had concealed himself in his wife's bedchamber and observed her and her brother in the act of fornication: 'dog on bitch', as he put it. Nor, continued Lucullus, ignoring the noise of the crowd, did Clodius confine his base appetites to one sister, but boasted of his conquests of the other two. Bearing in mind that Clodia's husband Celer had just returned from Nearer Gaul to stand for the consulship, this allegation caused a particular sensation. Clodius sat through it all smiling broadly at his former brother-in-law, clearly aware that whatever damage Lucullus imagined he was doing to him, he was actually inflicting far more harm on his own reputation. That was the third day, and at the end of it the prosecution rested its case. I lingered after the court had been adjourned in the hope of seeing Agathe again, but she had been taken away.
On the fourth day, the defence began the job of trying to extricate Clodius from this morass of filth. It seemed a hopeless task, for no one, not even Curio, was in serious doubt of his client's guilt of the actual offence. Nevertheless, he did his best. The core of his case was that the whole episode had been a simple matter of mistaken identity. The lights had been dim, the women hysterical, the intruder disguised – how could anyone be sure it was Clodius? It was hardly a convincing line. But then, just as the morning was nearing its end, Clodius's side produced a surprise witness. A man named C. Causinius Schola, a seemingly respectable citizen from the town of Interamna, some ninety miles from Rome, came forward to say that on the night in question, Clodius had actually been with him in his home. Even under cross-examination he was quite unshakeable on this point, and although his was only one voice set against a dozen on the other side, including the firm testimony of Caesar's own mother, he cut a strangely believable figure.
Cicero, who was watching from the senators' benches, beckoned me over to him. 'This fellow is either lying or insane,' he whispered. 'On the day of the Good Goddess ceremony, surely Clodius came to see me? I recall having an argument with Terentia about his visit.'
Now that he mentioned the occasion, I remembered it as well, and I confirmed he was correct.
'What's all this?' asked Hortensius, who was, as usual, sitting next to Cicero and had been trying to listen to our conversation.
Cicero turned to him. 'I was saying that Clodius was in my house that day, so how could he possibly have reached Interamna by nightfall? His alibi is preposterous.' He spoke entirely without premeditation; had he thought about the implications of what he was saying, he would have been more cautious.
'Then you must testify,' responded Hortensius at once. 'This witness needs to be destroyed.'
'Oh no,' said Cicero quickly, 'I told you at the start, I want no part of it,' and beckoning to me to follow, he got up at once and left the forum, accompanied by the two well-muscled slaves who these days acted as his guard. 'That was stupid of me,' he said as we climbed the hill to his house. 'I must be getting old.' Behind us I could hear the crowd laughing at some point made by one of Clodius's supporters: the weight of evidence might be against him, but the mob was all on his side. I sensed that Cicero was uneasy with the day's proceedings. Quite unexpectedly, the defence seemed to be taking charge.
Once the trial had adjourned for the day, all three of the prosecutors came to see Cicero, along with Hortensius. The instant I saw them I knew what they wanted, and I secretly cursed Hortensius for putting Cicero in this position. I showed them into the garden, where he was sitting with Terentia, watching little Marcus play with a ball. It was
a perfect late afternoon in early summer. The air was fragrant with blossom and the sounds rising from the forum were as drowsy and indistinct as insects humming in a meadow.
'We need you to testify,' began Crus, who was the lead counsel.
'I suspected you were going to say that,' replied Cicero, with an angry look at Hortensius. 'And I think you can guess my reply. There must be a hundred people apart from me who saw Clodius in Rome earlier that day.'
'None that we can find,' said Crus. 'At least none that is willing to testify.'
'Clodius has frightened them off,' said Hortensius.
'And certainly none that has your authority,' added Marcellinus, who had always been a supporter of Cicero, right back to the days of the Verres prosecution. 'If you can do this favour for us tomorrow, and confirm that Clodius was with you, the jury will have no choice except to convict him. That alibi is the only thing standing between him and exile.'
Cicero looked at them in disbelief. 'Just a moment, gentlemen. Are you telling me that without my testimony you think he might walk free?' They hung their heads. 'How has this happened? Never has a more guilty man been set before a court.' He rounded on Hortensius. 'You said that acquittal was “utterly impossible”. “Have some faith in the good sense of the Roman people” – wasn't that what you told me?'
'He has become very popular. And those who don't actually love the man at the very least fear his supporters.'
'We were also damaged by Lucullus,' said Crus. 'All that business about sheets and hiding behind screens has turned us into a laughing stock. Even some of the jury are saying that Clodius is no more perverted than the men prosecuting him.'
'So now it is my responsibility to make good your damage?' Cicero threw up his hands in exasperation.
Terentia had been nursing Marcus on her lap. Suddenly she set him down and told him to go indoors. Turning to her husband she said, 'You may not like it but you must do it – if not for the republic's sake, then for your own.'
'I said before: I want no part of it.'
'But nobody stands to gain more from sending Clodius into exile than you. He has become your greatest enemy.'
'Yes he has – indeed he has! – and whose fault is that?'
'Yours – for encouraging his career in the first place!'
They argued back and forth for a while longer as the senators watched, bemused. It was already widely known in Rome that Terentia was not the usual humble, obedient kind of wife and this scene was bound to be widely reported. But although Cicero must have resented her for contradicting him in front of his colleagues, I knew that he would have to agree with her in the end. His anger stemmed from his recognition that he had no choice: he was trapped. 'Very well,' he said finally. 'I'll do my duty for Rome, as always, although it may be at some cost to my personal safety. But then I suppose I should be used to that. I shall see you in the morning, gentlemen,' and with an irritated wave of his hand he dismissed them.
After they had gone, he sat brooding. 'You realise that this is a trap?'
'A trap for whom?' I asked.
'For me, of course.' He turned to Terentia. 'Consider it: out of the whole of Italy, it finally turns out that only one man is in a position to challenge Clodius's alibi – and that man is Cicero. Do you think that is a coincidence?' Terentia did not respond; nor had it occurred to me until he mentioned it. He said to me, 'This witness of theirs from Interamna – this Causinius Schola, or whatever his name is – we ought to find out more about him. Who do we know from Interamna?'
I thought for a moment, and then with a sick feeling in my heart I said, 'Caelius Rufus.'
'Caelius Rufus,' repeated Cicero, striking the side of his chair, 'of course.'
'Another man you should never have brought into our house,' said Terentia.
'When was the last time we saw him?'
'Months ago,' I answered.
'Caelius Rufus! He was a drinking and whoring companion of Clodius back when he first became my pupil.' The longer Cicero pondered it, the more certain he became. 'First he runs with Catilina and then he takes up with Clodius. What a snake that boy has been to me! This wretched witness from Interamna will turn out to be a client of his father's, you can rely upon it.'
'So you think Rufus and Clodius have plotted between them to entrap you?'
'Do you doubt they're capable of it?'
'No. But I wonder why they would go to all the trouble of creating a false alibi purely in order to lure you on to the witness stand to destroy it. Clodius wants his alibi to go unchallenged, surely?'
'So you think that someone else is behind it?'
I hesitated.
'Who?' demanded Terentia.
'Crassus.'
'But Crassus and I are entirely reconciled,' said Cicero. 'You heard the way he praised me to the skies in front of Pompey. And then he let me have this house so cheaply—' He was going to say something else, but then he stopped.
Terentia turned the full force of her scrutiny on to me. 'Why would Crassus go to such lengths to cause your master trouble?'
'I don't know,' I lied. I could feel my face turning red.
Cicero said quietly, 'You might as well ask, why does the scorpion sting? Because that is what scorpions do.'
The conversation broke up soon afterwards. Terentia went off to attend to Marcus. I retired to the library to attend to the senator's correspondence. Only Cicero remained on the terrace, staring thoughtfully across the forum to the Capitol as the shades of evening began to spread.
The following morning, pale and silent with nerves – for he knew full well what kind of reception he was likely to receive – Cicero went down into the forum, escorted by the same number of bodyguards he used to have around him in the days of Catilina. Word had got out that the prosecution was unexpectedly calling him as a witness, and the moment Clodius's supporters saw him pushing his way towards the platform they set up a gale of booing and catcalling. As he climbed the temple steps towards the tribunal, some eggs and dung were thrown, which provoked the most remarkable counter-demonstration. Almost the whole of the jury got to their feet and formed a cordon to protect Cicero from the missiles. Some even turned to the crowd, pulled down their collars and pointed to their bare throats, as if to say to Clodius's lynch mob, 'You will have to kill us before you can kill him.'
Cicero was well used to giving evidence on the witness stand. He had done it in at least a dozen cases against Catilina's co-conspirators in the last year alone. But never had he faced a cockpit such as this, and the urban praetor had to suspend the court until order could be restored. Clodius sat looking at Cicero with his arms folded and a grim expression on his face: the behaviour of the jury must have been deeply troubling to him. Sitting by Clodius's side for the first time in the trial was his wife, Fulvia. It was a cunning move on the defence's part to produce her, for she was only sixteen and looked more like his daughter than a married woman – exactly the sort of vulnerable young girl guaranteed to melt a jury's heart. She was also a descendant of the Gracchi family, who were immensely popular with the people. She had a hard, mean face, but then being married to Clodius would surely have been enough to curdle even the sweetest nature.
When at last the chief prosecutor, Lentulus Crus, was called on to examine the witness, an anticipatory silence fell. He crossed the court to Cicero. 'Although the whole world knows who you are, would you please state your name?'
'Marcus Tullius Cicero.'
'Do you swear by all the gods to tell the truth?'
'I swear.'
'You are familiar with the accused?'
'I am.'
'Where was he between the sixth and seventh hours on the day of the ritual of the Good Goddess last year? Can you give the court that information?'
'I can. I remember it very well.' Cicero turned from his questioner to the jury. 'He was in my house.'
An excited murmur ran around the spectators and the jury. Clodius said very loudly, 'Liar!' and his claque set up a fresh choru
s of jeering. The praetor, whose name was Voconius, called for order. He gestured to the prosecutor to continue.
'There is no doubt about this?' asked Crus.
'None whatever. Others in my household saw him, as well as I.'
'What was the purpose of the visit?'
'It was a social call.'
'Would it have been possible, in your opinion, for the accused to have left your house and been in Interamna by nightfall?'
'Not unless he put on wings as well as women's clothes.'
There was much laughter at this. Even Clodius smiled.
'Fulvia, the wife of the accused, who is also sitting there, claims to have been with her husband in Interamna that same evening. What do you say to that?'
'I would say that the delights of married life have obviously so affected her judgement that she no longer knows what day of the week it is.'
The laughter was even more prolonged, and again Clodius joined in, but Fulvia stared ahead of her with a face that was like a child's fist, small and white and clenched: she was a terror even then.
Crus had no further questions and returned to the prosecutors' bench, yielding the floor to Clodius's advocate, Curio. He was no doubt a brave man on the battlefield, but the courtroom was not his natural arena, and he approached the great orator in the manner of a nervous schoolboy poking a snake with a stick. 'My client has long been an enemy of yours, I believe?'
'Not at all. Until he committed this act of sacrilege we enjoyed friendly relations.'
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