Lustrum

  It is hard to comprehend at this great distance how completely the Good Goddess affair gripped public life in Rome, so that eventually all government business came to a halt. On the surface, Clodius's cause seemed hopeless. Plainly he had committed this ludicrous offence, and almost the whole of the senate was set on his punishment. But sometimes in politics a great weakness can be turned into a strength, and from the moment that Lucullus's motion was passed, the Roman people began to mutter against it. What was the young man guilty of, after all, except an excess of high spirits? Was a fellow to be beaten to death merely because of a lark? When Clodius ventured into the forum, he found that citizens, rather than wanting to pelt him with ordure, actually wished to shake his hand.

  There were still thousands of plebeians in Rome who were disaffected with the renewed authority of the senate and who looked back with nostalgia to the days when Catilina ruled the streets. Clodius attracted these people by the score. They would gather around him in crowds. He took to jumping up on to a nearby cart or trader's stall and inveighing against the senate. He had learned well from Cicero the tricks of political campaigning: keep your speeches short, remember names, tell jokes, put on a show; above all, render an issue, however complex, into a story anyone can grasp. Clodius's tale was the simplest possible: he was the lone citizen unjustly persecuted by the oligarchs. 'Take care, my friends!' he would cry. 'If it can happen to me, a patrician, it could happen to any one of you!' Soon he was holding daily public meetings at which order was kept by his friends from the taverns and the gambling dens, many of whom had been supporters of Catilina.

  Clodius attacked Lucullus, Hortensius and Catulus repeatedly by name, but when it came to Cicero he confined himself merely to repeating the old joke that the former consul had kept himself 'fully informed'. Cicero was often tempted to respond, and Terentia urged him to do so, yet he was mindful of his promise to Clodia and managed to keep his temper in check. However, the controversy kept on swelling regardless of his silence. I was with him on the day the senate's bill to set up the special court was laid before the people in a popular assembly. Clodius's gangs of toughs took control of the meeting, occupying the gangways and seizing the ballot boxes. Their clamour so unnerved the consul, Pupius, that he actually spoke against his own bill – in particular the clause that allowed the urban praetor to select the jury. Many senators turned to Cicero, expecting him to take control of the situation, but he remained on his bench, glowering with anger and embarrassment, and it was left to Cato to deliver a lashing attack on the consul. The meeting was abandoned. The senators promptly trooped back to their chamber and voted by 400 votes to 15 to press on with the bill despite the dangers of civil unrest. Fufius, a tribune who was sympathetic to Clodius, promptly announced that he would veto the legislation. The affair was now seriously out of hand, and Cicero hurried out of the chamber and up to his house, crimson in the face.

  The turning point came when Fufius decided to convene a public assembly outside the city walls so that Pompey could be summoned and asked his views on the affair. Grumbling mightily at this intrusion on his time and dignity, the Warden of Land and Sea had no choice but to lumber over from the Alban Hills to the Flaminian Circus and submit himself to a series of insolent questions from the tribune, watched by a huge market-day crowd that temporarily set aside their bargaining and clustered round to gawp at him.

  'Are you aware of the so-called outrage committed against the Good Goddess?' asked Fufius.

  'I am.'

  'Do you support the senate's proposal that Clodius be prosecuted?'

  'I do.'

  'Do you believe he should be tried by a jury of senators selected by the urban praetor?'

  'I do.'

  'Even though the urban praetor will also be his judge?'

  'I suppose so, if that is the procedure the senate has settled on.'

  'And where is the justice in that?'

  Pompey glared at Fufius as if he were some buzzing insect that would not leave him alone. 'I hold the senate's authority in the highest respect,' he declared, and proceeded to deliver a lecture on the Roman constitution that might have been written for him by a fourteen-year-old. I was standing with Cicero at the front of the huge throng and could sense the audience behind us losing interest as he droned on. Soon they started shuffling about and talking. The vendors of hot sausages and pastries on the edge of the crowd began doing a busy trade. Pompey was a boring speaker at the best of times, but standing on that platform he must have felt as if he were in a bad dream. All those visions of a triumphant homecoming he had entertained as he lay at night in his tent beneath the burning stars of Arabia – and in the end what had he returned to? A senate and people obsessed not with his achievements but with a young man dressed in women's clothes!

  When the public assembly was mercifully over, Cicero conducted Pompey across the Flaminian Circus to the Temple of Bellona, where the senate had convened specially to greet him. The ovation he received was respectful, and he sat down next to Cicero on the front bench and waited for the praise to begin. Instead, he found himself once again cross-examined from the chair about his views on the sacrilege issue. He repeated what he had just said outside, and when he resumed his place I saw him turn and mutter something irritably to Cicero. (His actual words, Cicero told me afterwards, were, 'I hope we can now talk about something else.') I had been keeping an eye throughout all this on Crassus, who was sitting on the edge of his bench, ready to jump up the moment he got a chance. There was something about his determination to speak, and a kind of happy craftiness in his expression, for which I did not much care.

  'How wonderful it is, gentlemen,' he said, when at last he was called, 'to have with us beneath this sacred roof the man who has expanded our empire, and sitting next to him the man who has saved our republic. May the gods be blessed who have brought this to pass. Pompey I know stood ready with his army to come to the aid of the fatherland if it was necessary – but praise the heavens he was spared the task by the wisdom and foresight of our consul at that time. I hope I take nothing away from Pompey when I say that it is to Cicero that I feel I owe my status as a senator and a citizen; to him I owe my freedom and my life. Whenever I look upon my wife and my house, or upon the city of my birth, what I see is a gift that was granted me by Cicero …'

  There was a time when Cicero would have spotted such an obvious trap a mile off. But I fear there is in all men who achieve their life's ambition only a narrow line between dignity and vanity, confidence and delusion, glory and self-destruction. Instead of staying in his seat and modestly disavowing such praise, Cicero rose and made a long speech agreeing with Crassus's every word, whilst beside him Pompey gently cooked in a stew of jealousy and resentment. Watching from the door, I wanted to run forward and cry out to Cicero to stop, especially when Crassus stood and asked him if, as the Father of the Nation, he recognised in Clodius a second Catilina.

  'How can I not,' responded Cicero, unable to resist this opportunity to rekindle the glory days of his leadership of the senate in front of Pompey, 'when the same debauched men who followed the one now flock to the other, and when the same tactics are daily employed? Unity, gentlemen, is our only hope of salvation, now as it was then – unity between this senate and the Order of Knights; unity between all classes; unity across Italy. As long as we remember that glorious concord that existed under my consulship, we need have no fear, for the spirit that saw off Sergius Catilina will most assuredly see off his bastard son!'

  The senate cheered and Crassus sat back on his bench, beaming at a job well done, because of course the news of what Cicero had said spread across Rome immediately and quickly reached the ears of Clodius. At the end of the session, when Cicero walked back home with his entourage, Clodius was waiting in the forum surrounded by a gang of his own supporters. They blocked our path and I was sure some heads were going to be broken, but Cicero remained calm. He halted his procession. 'Offer them no provocation!' he called out. 'Give them no excuse to s
tart a riot.' And turning to Clodius he said, 'You would have done well to have heeded my advice and gone into exile. The road you have started down can only end in one place.'

  'And where is that?' sneered Clodius.

  'Up there,' said Cicero, pointing at the Carcer, 'at the end of a rope.'

  'Not so,' responded Clodius, and he gestured in the other direction, to the rostra, with its ranks of life-sized statues. 'One day I shall be up there, among the heroes of the Roman people.'

  'Really? And tell me, will you be sculpted wearing women's clothing and carrying a lyre?' We all started to laugh. 'P. Clodius Pulcher: the first hero of the Order of Transvestites? I rather doubt it. Get out of my way.'

  'Willingly,' said Clodius, with a smile. But as he stood aside to let Cicero pass, I was struck by how much he had changed. It was not merely that he seemed physically bigger and stronger: there was a glint of resolution in his eyes that had not been there before. He was feeding on his notoriety, I realised: drawing energy from the mob. 'Caesar's wife was one of the best I ever had,' he said softly, as Cicero went by. 'Almost as good as Clodia.' He seized his elbow and added loudly, 'I was willing to be your friend. You should have been mine.'

  'Claudians make unreliable friends,' replied Cicero, pulling himself free.

  'Yes, but we make very reliable enemies.'

  He proved to be as good as his word. From that day on, whenever he spoke in the forum he would always gesture to Cicero's new house, sitting on the Palatine high above the heads of the crowd, as a perfect symbol of dictatorship. 'Look how mightily the tyrant who butchered citizens without a proper trial has prospered by his handiwork – no wonder he is thirsty for fresh blood!' Cicero responded in kind. The mutual insults grew more and more deadly. Sometimes Cicero and I used to stand on the terrace and watch the tyro demagogue at work, and although we were too far away to hear exactly what he said, the applause of the crowd was audible and I recognised what we were seeing: the monster Cicero had thought he had slain had begun to twitch back into life.

  XIV

  Around the middle of March, Hortensius came to see Cicero. He trailed Catulus after him, and when the old patrician shuffled in, he looked more than ever like a tortoise without its shell. Catulus had recently had the last of his teeth removed, and the trauma of the extraction, the long months of agony that had preceded it and the distortion of his mouth that had resulted all combined to make him look every one of his sixty years. He seemed unable to stop drooling and carried a large handkerchief that was sodden and yellowish. He reminded me of someone: I could not think who at first, and then I remembered – Rabirius. Cicero sprang up to help him to a chair, but Catulus waved him away, mumbling that he was perfectly all right.

  'This wretched affair with Clodius cannot be allowed to drag on any longer,' Hortensius began.

  'I agree with you,' said Cicero, who privately, I knew, was beginning to feel uncomfortable about the damaging war of words he was locked in with Clodius. 'The government is at a standstill. Our enemies are laughing at us.'

  'We need to bring it to trial as soon as possible. I propose we should give up our insistence that the jury be selected by the urban praetor.'

  'So how would it be selected?'

  'In the usual way, by lot.'

  'But might we not then find ourselves with quite a few dubious characters on the jury? We don't want the rascal to be acquitted. That really would be a disaster.'

  'Acquittal is utterly impossible. Once any jury sees the weight of the evidence against him, he's bound to be convicted. All we need is a bare majority. We must have some faith in the good sense of the Roman people.'

  'He must be crushed by the facts,' put in Catulus, holding his stained handkerchief to his mouth, 'and the sooner the better.'

  'Will Fufius agree to drop his veto if we give up the clause about the jury?'

  'He assures me he will, on condition we also reduce the penalty from death to exile.'

  'What does Lucullus say?'

  'He just wants a trial on any terms. You know he's been preparing for this day for years. He has all manner of witnesses lined up ready to testify to Clodius's immorality – even the slave girls who changed the sheets on his bed in Misenum after he had intercourse with his sisters.'

  'Dear gods! Is it wise to have that kind of detail aired in public?'

  'I never heard of such disgusting behaviour,' drooled Catulus. 'The whole Augean stable needs cleaning out, or it will be the ruin of us.'

  'Even so …' Cicero frowned and did not complete the sentence. I could see he was not convinced, and for the first time I believe he sniffed danger to himself. Exactly what it was he could not say, simply that something about it smelled ominous. He continued to raise objections for a little longer – 'Wouldn't it be better just to drop the whole bill? Haven't we made our point? Don't we risk making a martyr of the young fool?' – before reluctantly giving Hortensius his assent. 'Well, I suppose you will have to do whatever you think is right. You've taken the lead in this thing from the start. However, I must make one thing clear – I want no part in it.'

  I was vastly relieved to hear him utter those words: it seemed to me almost the first sensible decision he had made since leaving the consulship. Hortensius looked disappointed, having doubtless hoped that Cicero would lead for the prosecution, but he did not try to argue the matter, and duly went off to make the deal with Fufius. Thus the bill was passed and the people of Rome licked their lips and prepared for what promised to be the most scandalous trial in the republic's history.

  The normal business of government was now able to resume, beginning with the drawing of lots by the praetors for their provinces. A few days before the ceremony, Cicero went out to the Alban Hills to see Pompey, and asked him as a favour not to press for the recall of Hybrida.

  'But the man is a disgrace to our empire,' objected Pompey. 'I have never heard of such thievery and incompetence.'

  'I am sure he is not as bad as all that.'

  'Are you doubting my word?'

  'No. But I would be grateful if you could oblige me in this matter. I gave him my assurance that I'd support him.'

  'Ah, so I assume he's cutting you in?' Pompey winked and rubbed his thumb and forefinger together.

  'Certainly not. I simply feel honour-bound to protect him, in return for all the help he gave me in saving the republic.'

  Pompey looked unconvinced. But then he grinned and clapped Cicero on the shoulder. What was Macedonia after all? A mere vegetable plot to the Warden of Land and Sea! 'All right, let him have another year. But in return I expect you to do everything in your power to get my three bills through the senate.'

  Cicero agreed, and thus when the lot drawing took place in the chamber of the senate, Macedonia, the most valuable prize, was not on the table. Instead there were just five provinces to be divided among the eight former praetors. The rivals all sat in a row on the front bench, Caesar at the end furthest from Quintus. Vergilius went first, if I remember rightly, and drew Sicily, and Caesar was the next to step up to try his luck. This was an important moment for him. Because of his divorce he had been obliged to hand back Pompeia's dowry and was being hard-pressed by his creditors: there was talk he was no longer solvent and might even be forced to leave the senate. He put his hand into the urn and gave the token to the consul. When the result was read out – 'Caesar draws Further Spain!' – he grimaced. Unfortunately for him, there was no war to be had in that distant land; he would much have preferred Africa or even Asia, where there was a greater chance of making money. Cicero managed to suppress a smile of triumph, but only for a moment or two, because shortly afterwards Asia went to Quintus, and Cicero was the first on his feet to congratulate his brother. Once again he let his tears flow freely. There seemed every possibility that Quintus might return from his province and become consul in his turn. Theirs was a dynasty in the making, and joyous was the family celebration that evening, to which I was once again invited. Cicero and Caesar were now on opposi
te sides of Fortune's wheel, with Cicero at the top and Caesar very firmly at the bottom.

  Normally the new governors would have set off for their provinces immediately: in fact they should have left months earlier. But on this occasion the senate refused to allow them to leave Rome until the trial of Clodius had been concluded, in case they might be needed to restore public order.

  The court duly convened in May, the prosecution being mounted by three young members of the Cornelius Lentulus family – Crus, Marcellinus and Niger, the latter being also the chief priest of Mars. They were great rivals of the Claudian clan, and had a particular grudge against Clodius, who had seduced several of their womenfolk. As his chief defender Clodius relied upon a former consul, Scribonius Curio, who was the father of one of his closest friends. Curio had made his fortune in the East as a soldier under Sulla, but was rather slow-witted, with a poor memory. As an orator he was known as 'The Fly-Swatter' because of his habit of throwing his arms around when he spoke. To weigh the evidence was a jury of fifty-six citizens, drawn by lot. They were of all types and conditions, from patrician senators down to such notorious low-life figures as Talna and Spongia. Originally eighty jurors had been empanelled, but the defence and prosecution each had twelve challenges, which they quickly used up, the defence rejecting the respectable and the prosecution the rough. Those who had survived this winnowing sat uneasily together.

  A sex scandal will always draw a crowd, but a sex scandal involving the ruling classes is titillating beyond measure. To accommodate the numbers who wished to watch, it was necessary to hold the trial in front of the Temple of Castor. A special section of seats was set aside for the senate, and that was where Cicero took his place on the opening day, on the bench next to Hortensius. Caesar's ex-wife had prudently withdrawn from Rome to avoid giving evidence, but the chief priest's mother, Aurelia, and his sister, Julia, both came forward to act as witnesses, and identified Clodius as the man who had invaded the sacred rites. Aurelia made an especially strong impression, as she pointed her talon-like finger at the accused, sitting no more than ten feet from her, and insisted in her hard voice that the Good Goddess must be placated by his exile or disaster would descend on Rome. That was the first day.