'No, I mean men of substance in our state – men who saw in Catilina an opportunity to advance their own dangerous and deluded ambitions. These men were not justly executed on the orders of the senate on the fifth day of December, nor did they die on the field of battle at the hands of the legions commanded by Hybrida. They were not sent into exile as a result of my testimony. They walk free today. No, more than that: they control this republic!'
Up to this point in his speech, Cicero had been heard in silence. But now a great many people drew in their breath, or turned to their neighbours to express their astonishment. Balbus had started making notes on a wax tablet. I thought, Does he realise what he is doing? and I risked a glance at Cicero. He barely seemed conscious of where he was – oblivious to the court, to his audience, to me, to political calculation: he was intent only on getting out his words.
'These men made Catilina what he was. He would have been nothing without them. They gave him their votes, their money, their assistance and their protection. They spoke up for him in the senate and in the law courts and in the popular assemblies. They shielded him and they nurtured him and they even supplied him with the weapons he needed to slaughter the government.' (Here my notes record more loud exclamations from the audience.) 'Until this moment, gentlemen, I did not realise the extent to which there were two conspiracies I had to fight. There was the conspiracy that I destroyed, and then there was the conspiracy behind that conspiracy – and that inner one prospers still. Look around you, Romans, and you can see how well it prospers! Rule by secret conclave and by terror on the streets. Rule by illegal methods and by bribery on a massive scale – dear gods, you accuse Hybrida of corruption? He is as guileless and as helpless as a baby by comparison with Caesar and his friends!
'This trial itself is the proof. Do you think that Rufus is the sole author of this prosecution? This neophyte who has barely grown his first beard? What nonsense! These attacks – this so-called evidence – all of it is designed to discredit not just Hybrida, but me – my reputation, my consulship, and the policies I pursued. The men behind Rufus seek to destroy the traditions of our republic for their own wicked ends, and to accomplish that – forgive me if I flatter myself: it is not the first time, I know – to achieve that aim they need to destroy me first.
'Well, gentlemen, here in this court, on this day, at this defining hour, you have a chance for immortal glory. That Hybrida made mistakes I do not doubt. That he has indulged himself more than was wise for him, I sadly concede. But look beyond his sins and you will see the same man who stood with me against the monster who threatened this city four years ago. Without his support, I would have been struck down by an assassin very early in my term. He did not desert me then, and I shall not abandon him now. Acquit him by your votes, I pray you; keep him here in Rome, and by the grace of our ancient gods we shall once again restore the light of liberty to this city of our forefathers!'
Thus spoke Cicero, but when he sat down there was very little applause, mostly just a buzz of amazement around the court at what he had said. Those who agreed with him were too frightened to be seen to support him. Those who disagreed with him were too cowed by the impact of his rhetoric to protest. The rest – the majority, I should say – were simply bewildered. I looked for Balbus in the crowd, but he had slipped away. I went up to Cicero with my notebook and congratulated him on the force of his remarks.
'Did you get it all down?' he asked, and when I replied that I had, he told me to copy out the speech as soon as we got home and hide it in a safe place. 'I expect a version is on its way to Caesar even now,' he added. 'I saw that reptile Balbus writing almost as quickly as I could speak. We must make sure we have an accurate transcript in case this is raised in the senate.'
I could not stay to talk to him further, as the praetor was ordering that the jury should be balloted at once. I glanced at the sky. It was the middle of the day; the sun was high and warm. I returned to my place and watched the urn as it was passed from hand to hand and filled with tokens. Cicero and Hybrida sat watching as well, side by side, too nervous to speak, and I thought of all the other trials I had sat through, and how they always ended in exactly this way, with this horrible period of waiting. Eventually the clerks completed their tally and the result was passed up to the praetor. He stood, and we all followed suit.
'The question before the court is whether Caius Antonius Hybrida is to be condemned for treason in connection with his governorship of the province of Macedonia. There voted in favour of condemnation forty-seven, and in favour of acquittal twelve.' There was a great cheer from the crowd. Hybrida bowed his head. The praetor waited until the sounds had died away. 'Caius Antonius Hybrida is therefore stripped of all rights of property and citizenship in perpetuity, and from midnight is to be denied fire and water anywhere within the lands, cities and colonies of Italy, and any who seek to assist him shall be subject to the same punishment. This court is adjourned.'
Cicero did not lose many cases, but on the rare occasions that he did, he was usually scrupulous in congratulating his opponents. Not this time. When Rufus came over to commiserate, Cicero pointedly turned his back on him, and I was pleased to see that the young rogue was left with his hand extended in midair, looking a fool. Eventually he shrugged and turned away. As for Hybrida, he was philosophical. 'Well,' he said to Cicero in my hearing, as he was preparing to be led away by the lictors, 'you warned me the way the wind was blowing, and thankfully I have a little money put by to see me through my old age. Besides, I am told that the southern coast of Gaul looks very like the Bay of Naples. So do not concern yourself with my fate, Cicero. After that speech, it is your own you ought to worry about.'
It must have been about two hours later – certainly no more – that the door to Cicero's house was suddenly thrown open and Metellus Celer appeared in a state of great agitation, demanding to see my master. Cicero was dining with Terentia and I was still transcribing his speech. But I could see it was supremely urgent so I took him through at once.
Cicero was reclining on a couch, describing the end of Hybrida's trial, when Celer burst into the room and interrupted him.
'What did you say in court about Caesar this morning?'
'Good day to you, Celer. I told a few truths, that's all. Will you join us?'
'Well, they must have been pretty dangerous truths, for Gaius is exacting a mighty revenge.'
'Is he really?' replied Cicero, with an attempt at sangfroid. 'And what is to be my punishment?'
'He is in the senate house as we speak, arranging for that swine of a brother-in-law of mine to become a plebeian!'
Cicero sat up in such alarm he knocked his glass over. 'No, no,' he said, 'that cannot be right. Caesar would never lift a finger to help Clodius – not after what Clodius did to his wife.'
'You are wrong. He is doing it right now.'
'How do you know?'
'My own darling wife just took great pleasure in telling me.'
'But how is it possible?'
'You forget Caesar is the chief priest. He has summoned an emergency meeting of the curia to approve an adoption.'
Terentia said, 'Is that legal?'
'Since when did legality matter,' asked Cicero bitterly, 'when Caesar is involved?' He started rubbing his forehead very hard, as if he could somehow magic forth a solution. 'What about getting Bibulus to pronounce the auguries unfavourable?'
'Caesar's thought of that. He has Pompey with him—'
'Pompey?' Cicero looked stunned. 'This gets worse every moment!'
'Pompey is an augur. He's observed the skies and declared that all's well.'
'But you're an augur. Can't you overrule him?'
'I can try. At the very least we ought to get down there.'
Cicero needed no further urging. Still wearing his slippers, he hurried out of the house after Celer, while I panted along at their backs with their attendants. The streets were quiet: Caesar had moved so quickly, no word of what was happening had filtered th
rough to the people. Unfortunately, by the time we had sprinted across the forum and thrown open the doors of the senate house, the ceremony was just finishing – and what a shameful scene it was that met our eyes. Caesar was on the dais at the far end of the chamber, dressed in his robes as chief priest and surrounded by his lictors. Pompey was beside him, absurd in his augural cap and carrying a divining wand. Several other pontiffs were also standing around, among them Crassus, who had been co-opted into the college at Caesar's behest to replace Catulus. Clustered together on the wooden benches, like penned sheep, was the curia, the thirty elderly greyheads who were the chiefs of the tribes of Rome. And finally, to complete the picture, the golden-curled Clodius was kneeling in the aisle next to another man. Everyone turned at the noise of our entrance, and never have I forgotten the smirk of triumph on Clodius's face when he realised Cicero was watching – it was a look of almost childish devilment – although it was quickly replaced by an expression of terror as his brother-in-law strode towards him, followed by Cicero.
'What the fuck is going on here?' shouted Celer.
'Metellus Celer,' responded Caesar in a firm voice, 'this is a religious ceremony. Do not profane it.'
'A religious ceremony! With Rome's profaner-in-chief kneeling here – the man who fucked your own wife!' He aimed a kick at Clodius, who scrambled away from him towards Caesar's feet. 'And who is this boy?' he demanded, looming over the other cowering man. 'Let's see who's joined the family!' He hauled him to his feet by the scruff of his neck and turned him round to show us – a shivering, pimply youth of twenty or so.
'Show some respect to my adopted father,' said Clodius, who, despite his fear, could not stop himself laughing.
'You disgusting—' Celer dropped the youth and returned his attention to Clodius, drawing back his huge fist to strike him, but Cicero caught his arm. 'No, Celer. Don't give them an excuse to arrest you.'
'Wise advice,' said Caesar.
After a moment, Celer reluctantly lowered his hand. 'So your father is younger than you are? What a farce this is!'
Clodius smirked. 'He was the best that could be found at short notice.'
Precisely what the tribal elders – none of whom was under fifty – must have made of this spectacle, I cannot imagine. Many were old friends of Cicero. We learned later that they had been turfed from their homes and places of business by Caesar's henchmen, frogmarched to the senate house and more or less ordered to approve Clodius's adoption.
'Have we finished here yet?' asked Pompey. He not only looked ridiculous in his augural outfit but plainly was embarrassed.
'Yes, we have finished,' said Caesar. He held out a hand as if bestowing a blessing at a wedding. 'Publius Clodius Pulcher, by the powers of my office as pontifex maximus, I declare that you are now the adopted son of Publius Fonteius, and will be entered into the state's records as a plebeian. Your change of status having immediate effect, you may therefore contest the elections for tribune if you wish. Thank you, gentlemen.' Caesar nodded their dismissal, the curia rose to their feet, and the first consul and chief priest of Rome lifted his robes a fraction and stepped down from the dais, his afternoon's work done. He moved past Clodius with his head averted in distaste, as one might pass a carcass in the street. 'You should have heeded my warning,' he hissed at Cicero as he went by. 'Now look what you've forced me to do.' He processed with his lictors towards the door, followed by Pompey, who still could not bring himself to meet Cicero's eyes; only Crassus permitted himself a slight smile.
'Come along, Father,' said Clodius, putting his arm around Fonteius's shoulders, 'let me help you home.' He gave another of his unnerving, girlish laughs, and after a bow to his brother-in-law and to Cicero, they joined the end of the cortège.
'You may have finished, Caesar,' Celer called after them, 'but I have not! I am the governor of Further Gaul, remember, and I command legions, whereas you have none! I have not even started yet!'
His voice was loud. It must have carried halfway across the forum. Caesar, however, passed from the chamber and into the daylight without giving any sign that he had heard. Once he and the rest had gone and we were alone, Cicero slumped heavily on to the nearest bench and put his head in his hands. Up in the rafters the pigeons flapped and cooed – to this day I cannot hear those filthy birds without thinking of the old senate house – while the sounds of the street outside seemed strangely disconnected from me: unearthly, as if I were already in prison.
'No despairing, Cicero,' said Celer briskly after some time had passed. 'He's not even a tribune yet – and won't be, if I can help it.'
'Crassus I can beat,' replied Cicero. 'Pompey I can outwit. Even Caesar I have managed to hold in check in the past. But all three combined, and with Clodius as their weapon?' He shook his head wearily. 'How am I to live?'
That evening Cicero went to see Pompey, taking me with him, partly to show that this was a business call and not in any way social, and also I suspect to bolster his nerve. We found the great man drinking in his bachelor den with his old army comrade and fellow Picenian Aulus Gabinius. They were examining the model of Pompey's theatre complex when we were shown in, and Gabinius was gushing with enthusiasm. He was the man who, as an ambitious tribune, had proposed the laws that secured Pompey his unprecedented military powers, and he had duly been rewarded with a legateship under Pompey in the East. He had been away for several years, during which time – unknown to him – Caesar had been conducting an affair with his wife, the blowsy Lollia (at the same time as he had been sleeping with Pompey's wife, come to think of it). But now Gabinius was back in Rome – just as ambitious, a hundred times as rich, and determined to become consul.
'Cicero, my dear fellow,' said Pompey, rising to embrace him, 'will you join us for some wine?'
'I shall not,' said Cicero stiffly.
'Oh dear,' said Pompey to Gabinius, 'do you hear his tone? He's come to upbraid me for that business this afternoon I was telling you about,' and turning back to Cicero he said, 'Do I really need to explain to you that it was all Caesar's idea? I tried to talk him out of it.'
'Really? Then why didn't you?'
'He was of the view – and I must say I have to agree with him – that the tone of your remarks in court today was grossly offensive to us, and merited a public rebuke of some kind.'
'So you open the way for Clodius to become a tribune – knowing that his stated intention once he gains that office is to bring a prosecution against me?'
'I would not have gone that far, but Caesar was set on it. Are you sure I cannot tempt you to some wine?'
'For many years,' said Cicero, with a terrible calmness, 'I have supported you in everything you wanted. I have asked for nothing in return except your friendship, which has been more precious to me than anything in my public life. And now at last you have shown your true regard for me to all the world – by helping to give my deadliest enemy the weapon he needs to destroy me!'
Pompey's lip quivered and his oyster eyes filled with tears. 'Cicero, I am appalled. How can you say such things? I would never stand aside and see you destroyed. My position is not an easy one, you know – trying to exert a calming influence on Caesar is a sacrifice I make on behalf of the republic every day of my life.'
'But not today, apparently.'
'He felt that his dignity and authority were threatened by what you said.'
'Not half as threatened as they will be if I reveal all I know about this Beast with Three Heads and its dealings with Catilina!'
Gabinius broke in. 'I don't think you should speak to Pompey the Great in that tone.'
'No, no, Aulus,' said Pompey sadly, 'what Cicero says is right. Caesar has gone too far. The gods know I have tried to do as much as I can to moderate his actions behind the scenes. When Cato was flung in prison, I had him released at once. And poor Bibulus would have suffered a much worse fate than having a barrel of shit poured over him if it hadn't been for me. But on this occasion I failed. I was bound to one day. I'm afraid Caesar i
s just so … relentless.' He sighed and picked up one of the toy temples from his model theatre and contemplated it thoughtfully. 'Perhaps the time is coming,' he said, 'when I shall have to break with him.' He gave Cicero a crafty look – his eyes had quickly dried, I noticed. 'What do you think of that?'
'I think it cannot come soon enough.'
'You may be right.' Pompey took the temple between his fat thumb and forefinger and replaced it with surprising delicacy in its former position. 'Do you know what his new scheme is?'
'No.'
'He wishes to be awarded a military command.'
'I'm sure he does. But the senate has already decreed that there will be no provinces for the consuls this year.'
'The senate has, yes. But Caesar doesn't care about the senate. He is going to get Vatinius to propose a law in the popular assembly.'
'What?'
'A law granting him not just one province, but two – Nearer Gaul and Bithynia – with the authority to raise an army of two legions. And it won't just be a one-year appointment, either – he wants five years.'
'But the award of provinces has always been decided by the senate, not the people,' protested Cicero. 'And five years! This will smash our constitution to pieces.'
'Caesar says not. Caesar says to me, “What is wrong with trusting the people?”'
'It isn't the people! It's a mob, controlled by Vatinius.'
'Well,' said Pompey, 'now perhaps you can understand why I agreed to watch the skies for him this afternoon. Of course I should have refused. But I have to keep a larger picture in view. Someone must control him.'
Cicero put his head in his hands in despair. Eventually he said, 'May I tell some of my friends your reasons for going along with him today? Otherwise they will think I no longer have your support.'
Lustrum Page 36
