'But then he was accused of this crime and you deserted him?'
'No, his senses deserted him, and then he committed the crime.'
Again there was laughter. The defence counsel looked annoyed.
'You say that on the fourth day of December last year my client came to see you?'
'I do.'
'It is suspiciously convenient, is it not, that you should suddenly remember that Clodius came to see you on that date?'
'I should have said that the convenience in the matter of dates was all on his side.'
'What do you mean by that?'
'Well, I doubt he spends many nights of the year in Interamna. But by a remarkable coincidence, the one night he does happen to find himself in that distant spot is also the night a dozen witnesses swear to have seen him cavorting in women's dress in Rome.'
As the amusement spread, Clodius stopped smiling. Clearly he had had enough of watching his advocate being batted around the court, and he gestured to him to come over to his bench for a consultation. But Curio, who was nearing sixty and unused to ridicule, was losing his temper and had started waving his arms around.
'Some fools no doubt will think this is all very witty wordplay, but I put it to you that you have made a mistake, and that my client came to see you on another day entirely.'
'I have no doubt about the date – and for a very good reason. It was the first anniversary of my salvation of the republic. Believe me, I shall always have particular reason for remembering the fourth day of December.'
'And so will the wives and children of the men you had murdered!' shouted Clodius. He leapt to his feet. Voconius at once appealed for order, but Clodius refused to sit and continued yelling insults. 'You behaved as a tyrant then, as you do now!' Turning to his supporters standing in the forum, he gestured to them to join in. They needed little encouragement. Almost to a man they surged forward, jeering. A fresh flight of missiles raked the platform. For the second time that morning, the jury came to Cicero's aid, surrounding him and trying to cover his head. The urban praetor shouted out to Curio, demanding to know if the defence had any further questions for the witness. Curio, who looked utterly dismayed at the way the jury were again protecting Cicero, signalled that he had finished, and the court was hastily adjourned. A combination of jurymen, bodyguards and clients cleared a path for Cicero through the forum and up the Palatine Hill to his home.
I had expected to find Cicero badly shaken by the whole experience, and certainly at first sight he looked it. His hair was standing up in tufts, his toga was streaked with dirt. But otherwise he was unscathed. Indeed, he was exultant, striding around his library, reliving the highlights of his testimony. He felt he had defeated Catilina for a second time. 'Did you see the way that jury closed ranks around me? If ever you wished for a symbol of all that is best about Roman justice, Tiro, you saw it this morning.' Still, he decided against going back to the court to hear the closing speeches, and it was not until two days later, when the verdict was due to be delivered, that he ventured down to the Temple of Castor to see Clodius sentenced.
The jury by this time had requested armed protection from the senate, and a century of troops guarded the steps up to the platform. As Cicero approached the section of seats reserved for senators, he raised his arm to the jury and a few saluted him back, but many glanced nervously in the other direction. 'I suppose they must be afraid of showing their feelings in front of Clodius's mob,' Cicero said to me. 'After they have cast their votes, do you think I should go and stand with them, to show my support? There is bound to be trouble, even with an armed guard.' I was not at all sure this was wise, but there was no time for me to reply, as the praetor was already coming out of the temple. I left Cicero to take his place on the bench and went to join the crowd nearby.
The prosecution and defence having rested their cases, it now remained only for Voconius to sum up their arguments and direct the jury on points of law. Clodius was once again seated beside Fulvia. He turned and whispered to her occasionally, while she stared hard at the men who would shortly decide her husband's fate. Everything in court always takes longer than one expects – questions have to be answered, statutes consulted, documents found – and it must have been at least an hour later that the court officials finally began handing out the wax voting tokens to the jurymen. On one side was scratched an A for acquittal, and on the other a C for condemnation. The system was designed for maximum secrecy: it was the work of a moment to use one's thumb to wipe a letter clear and then drop the vote into the urn as it was handed round. When every token had been collected, the urn was carried over to the table in front of the praetor and emptied out. All around me the crowd stood on tiptoe, straining to see what was happening. For some, the tension of the silence was too much, and they felt compelled to puncture it by shouting out banalities – 'Come on, Clodius!' 'Long live Clodius!' – cries that produced little flurries of applause in the teeming multitude. An awning had been set up above the court to keep off the weather, and I remember how the canvas snapped like a sail in the stiff May breeze. At last the reckoning was done and the tally was handed to the praetor. He stood, and the court all did the same. Fulvia gripped Clodius's arm. I closed my eyes tight shut and prayed. We needed just twenty-nine votes to send Clodius into exile for the rest of his life.
'There voted in favour of condemnation twenty-five, and in favour of acquittal thirty-one. The verdict of this court is therefore that Publius Clodius Pulcher is not guilty of the charges laid against him, and the case—'
The praetor's final words were lost in the roar of approval. For me, the earth seemed to tilt. I felt myself sway, and when I opened my eyes, blinking in the glare, Clodius was making his way around the court, shaking hands with the jurors. The legionaries had linked arms to prevent anyone storming the platform. The mob were cheering and dancing. On either side of me Clodius's supporters insisted on shaking my hand, and I tried to force a smile as I did so, otherwise they might have beaten me up, or worse. In the midst of this noisy jubilation, the senatorial benches sat as white and still as a field of freshly fallen snow. I could make out a few expressions – Hortensius stricken, Lucullus uncomprehending, Catulus slack-mouthed with dismay. Cicero wore his professional mask and gazed statesmanlike into the distance.
After a few moments Clodius came to the front of the platform. He ignored the praetor's shouts that this was a court of law and not a public assembly and held up his hands for quiet. At once the noise fell away.
'My fellow citizens,' he said, 'this is not a victory for me. This is a victory for you, the people.' Another great swell of applause carried forward and broke against the temple, and he turned his face towards it, Narcissus to his mirror. This time he let the adulation go on for a long time. 'I was born a patrician,' he continued eventually, 'but the members of my own class turned against me. It is you who have supported and sustained me. It is to you I owe my life. I am of you. I wish to be among you. And henceforth I shall dedicate myself to you. Let it be known, therefore, on the day of this great victory, that it is my resolve to disavow my inheritance of blood as a patrician, and to seek adoption as a plebeian.' I glanced at Cicero. The statesmanlike look had vanished. He was staring at Clodius in open astonishment. 'And if I am successful, I shall follow a path of ambition not through the senate – filled as it is with the bloated and the corrupt – but as a people's representative – as one of you – as a tribune!' More massive applause followed, which again he quieted with a stroke of his hand. 'And if you, the people, choose me as a tribune, I make you this pledge and this promise, my friends – those who have taken the lives of Roman citizens without trial will very soon know what it is to taste the people's justice!'
Afterwards, Cicero retired to his library to mull over the verdict with Hortensius, Catulus and Lucullus, while Quintus went off to see if he could discover what had happened. As the senators sat in shock, Cicero told me to fetch some wine. 'Four votes,' he murmured. 'Just four votes cast the other way,
and that irresponsible reprobate would even now be on his way out of Italy for ever. Four votes!' He could not stop repeating it.
'Well, this is the end for me, gentlemen,' announced Lucullus. 'I shall retire from public life.' From a distance he seemed still to possess his usual cold demeanour, but when one came close to him, as I did when I handed him a cup of wine, one could see that he was blinking uncontrollably. He had been humiliated. It was intolerable to him. He drank the wine quickly and held out his cup for more.
'Our colleagues will be in a panic,' observed Hortensius.
Catulus said, 'I feel quite faint.'
'Four votes!'
'I shall tend my fish, study philosophy and compose myself for death. This republic holds no place for me any longer.'
Presently, Quintus arrived with news from the court. He had spoken to the prosecutors, he said, and to three of the jurors who had voted to condemn. 'It seems there has never been such bribery in the history of Roman justice. There are rumours that some of the key men were offered four hundred thousand to make sure the verdict went Clodius's way.'
'Four hundred thousand?' repeated Hortensius in disbelief.
'But where did Clodius get such sums?' demanded Lucullus. 'That little bitch of a wife is rich, but even so …'
Quintus said, 'The rumour is that the money was put up by Crassus.'
For the second time that day, the solid earth seemed to melt beneath my feet. Cicero glanced briefly in my direction.
'I find that hard to believe,' said Hortensius. 'Why would Crassus want to pay out a fortune to rescue Clodius, of all people?'
'Well, I can only report what is being said,' replied Quintus. 'Crassus had twenty of the jury round to his house last night, one after the other, and asked each of them what they wanted. He settled bills for some. To others he gave contracts. The rest took cash.'
'That is still not a majority of the jury,' pointed out Cicero.
'No, the word is that Clodius and Fulvia were also busy,' said Quintus, 'and not just with their gold. Beds were creaking in some noble houses in Rome last night, for those jurors who chose to take their payment in a different coin – male or female. I'm told that Clodia herself worked hard for several votes.'
'Cato has been right all along,' exclaimed Lucullus. 'The core of our republic is utterly rotten. We're finished. And Clodius is the maggot who will destroy us.'
'Can you imagine a patrician transferring to the plebs?' asked Hortensius in a tone of wonder. 'Can you imagine wanting to do such a thing?'
'Gentlemen, gentlemen,' said Cicero, 'we've lost a trial, that's all – don't let's lose our nerve. Clodius isn't the first guilty man to walk free from a court of law.'
'He will come after you, brother,' warned Quintus. 'If he transfers to the plebs, you can be sure he will be elected tribune – he's too popular now to be stopped – and once he has the powers of that office at his disposal, he can cause you a great deal of trouble.'
'It will never happen,' said Cicero. 'The state authorities will never allow him to transfer. And if by some amazing mischance they do, do you really think that I – after all that I've achieved in this city, starting from nothing – do you honestly believe that I can't handle a giggling puerile pervert such as our Little Miss Beauty? I could snap his spine in a single speech!'
'You're right,' said Hortensius, 'and I want you to know that we will never abandon you. If he does dare to attack you, you will always have our complete support. Is that not so, Lucullus?'
'Of course.'
'Don't you agree, Catulus?' But the old patrician did not answer. 'Catulus?' Again there was no reply. Hortensius sighed. 'I'm afraid he's grown very old of late. Wake him, will you, Tiro?'
I put my hand on Catulus's shoulder and shook him gently. His head lolled over on to one side and I had to grab him to stop him sliding to the floor. His head flopped back so that his leathery old face was suddenly staring up into mine. His eyes were open. His mouth hung loose, leaking spit. I snatched away my hand in shock, and it was Quintus who had to step forward to feel his neck and pronounce him dead.
Thus passed from this world Quintus Lutatius Catulus, in the sixty-first year of his life: consul, pontiff, and fierce upholder of the prerogatives of the senate. He was of an earlier, sterner era, and I look back on his death, as I do on that of Metellus Pius, as a milestone in the demise of the republic. Hortensius, who was Catulus's brother-in-law, took a candle from Cicero and held it to the old man's face, and softly tried to call him back to life. Never have I seen the point of the ancient tradition more clearly than at that moment, for it really did seem as if Catulus's spirit had just slipped out of the room and could easily return if properly summoned. We waited to see if he might revive, but of course he did not, and after a while Hortensius kissed his forehead and closed his eyes. He wept a little, and even Cicero looked red-eyed, for although he and Catulus had started out as enemies, they had ended up making common cause, and he had come to respect the old man for his integrity. Only Lucullus appeared unmoved, but by then I believe he had reached a stage where he preferred fish to human beings.
Naturally, all discussion of the trial was ended. Catulus's slaves were summoned to carry their master's corpse the short distance to his house, and once this had been done, Hortensius went off to break the news to his own household, while Lucullus retired to dine alone, no doubt on larks' wings and the tongues of nightingales, in his vast Room of Apollo. As for Quintus, he announced that he was to depart at dawn the next morning on the start of his long journey to Asia. Cicero knew that his brother was under orders to leave as soon as the jury returned its verdict, but even so I could tell that this was the hardest of all the blows he had endured that day. He summoned Terentia and little Marcus to say goodbye, and then abruptly withdrew to his library alone, leaving me to accompany Quintus to the door.
'Goodbye, Tiro,' Quintus said, taking my hand in both of his. He had hard, calloused palms; not like Cicero's soft lawyer's hands. 'I shall miss your counsel. Will you write to me often and tell me how my brother is faring?'
'Gladly.'
He seemed about to step into the street, but then he turned and said, 'He should have given you your freedom when he ceased to be consul. That was his intention. Did you know that?'
I was stunned by this revelation. 'He had stopped talking about it,' I stammered. 'I assumed he had changed his mind.'
'He says he is frightened of how much you know.'
'But I would never utter to anyone a word I had learned in confidence!'
'I know that, and in his heart so does he. Don't be concerned. It's really just an excuse. The truth is he's scared of the thought that you might leave him too, just as Atticus and I are doing. He relies on you more than you know.'
I was too overcome to speak.
'When I return from Asia,' he continued, 'you shall have your freedom, I promise you. You belong to the family, not just to my brother. In the meantime, look out for his safety, Tiro. There's something happening in Rome that I don't like the smell of.'
He raised his hand in farewell and, accompanied by his attendants, set off down the street. I stood on the step and watched his familiar sturdy figure, with its broad shoulders and steady tread, stride down the hill until it was out of sight.
XV
Clodius was supposed to go straight off to Sicily as a junior magistrate. Instead he chose to linger in Rome to savour his victory. He even had the nerve to take his seat in the senate, to which he was now entitled. It was the Ides of May, two days after the trial, and the house was debating the political situation in the aftermath of the fiasco. Clodius entered the chamber just as Cicero was speaking. Greeted by loud hisses, he smiled to himself, as if he found the hostility amusing, and when no senator would budge along their bench to make room for him, he leaned against the wall and folded his arms, regarding the speaker with a smirk. Crassus, sitting in his usual place on the front row, looked distinctly uncomfortable, and pretended to examine a scratch on hi
s red leather shoe. Cicero simply ignored Clodius and continued with his speech.
'Gentlemen,' he said, 'we must not flag or falter because of a single blow. I agree we have to recognise that our authority has been weakened, but that doesn't mean we should panic. We would be fools to ignore what has happened, but cowards to let it frighten us. The jury may have let loose an enemy upon the state—'
Clodius called out, 'I was acquitted not as an enemy of the state but as the man to clean up Rome!'
'Clodius, you are mistaken,' said Cicero calmly, not even deigning to look at him. 'The jury has preserved you not for the streets of Rome but for the death cell. They don't want to keep you with us, but rather to deprive you of the chance of exile.' He resumed his speech. 'And so, gentlemen, take heart and maintain your dignity—'
'And where's your dignity, Cicero?' shouted Clodius. 'You take bribes!'
'The political consensus of honest men still holds—'
'You took a bribe so that you could buy a house!'
Now Cicero turned to face him. 'At least,' he said, 'I didn't buy a jury.'
The senate rang with laughter, and I was reminded of an old lion cuffing an unruly cub. Still Clodius pressed on: 'I'll tell you why I was acquitted – because your evidence was a lie, and the jury didn't credit it.'
'On the contrary, twenty-five members of that jury gave me credit and thirty-one gave you none – they demanded their money in advance.'
It may not sound especially funny now, but at the time one would have thought that Cicero had made the wittiest remark in history. I suppose the senate laughed so much because they wanted to show him their support, and each time Clodius tried to respond they laughed even louder, so that in the end he gave up irritably and left the chamber. This sally was considered a great success for Cicero, especially as a couple of days later Clodius left Rome to go off to Sicily, and for the next few months he was able to put 'Little Miss Beauty' out of his mind.
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