I cherish my memories of Cicero at this time, in the weeks before Rufus’s trial. He seemed once again to hold all the threads of life in his hands, just as he had in his prime. He was active in the courts and in the Senate. He went out to dinner with his friends. He even moved back in to the house on the Palatine. True, it was not entirely finished. The place still reeked of lime and paint; workmen trailed mud in from the garden. But Cicero was so delighted to be back in his own home, he did not care. His furniture and books were fetched out of storage, the household gods were placed on the altar, and Terentia was summoned back from Tusculum with Tullia and Marcus.
Terentia entered the house cautiously and moved between the rooms with her nose wrinkled in distaste at the pungent smell of fresh plaster. She had never much cared for the place from the start, and was not about to change her opinion now. But Cicero persuaded her to stay: ‘That woman who caused you so much pain will never harm you again. She may have laid a hand on you. But I promise you: I shall flay her alive.’
He also, to his great delight, after two years’ separation, heard that Atticus had at last returned from Epirus. The moment he reached the city gates, he came straight round to inspect Cicero’s rebuilt house. Unlike Quintus, Atticus had not changed at all. His smile was still as constant, his charm as thickly laid-on – ‘Tiro, my dear fellow, thank you so much for taking care of my oldest friend so devotedly’ – his figure as trim, his silvery hair as sleek and well cut. The only difference was that now he trailed a shy young woman at least thirty years his junior, whom he introduced to Cicero … as his fiancée! I thought Cicero might faint with shock. Her name was Pilia. She was of an obscure family, with no money and no particular beauty either – just a quiet, homely country girl. But Atticus was besotted. At first Cicero was greatly put out. ‘It’s ridiculous,’ he grumbled to me when the couple had gone. ‘He’s three years older even than I am! Is it a wife he’s after or a nurse?’ I suspect he was mostly offended because Atticus had never mentioned her before, and worried that she might disrupt the easy intimacy of their friendship. But Atticus was so obviously happy, and Pilia so modest and cheerful, that Cicero soon came round to her, and sometimes I saw him glancing at her in an almost wistful way, especially when Terentia was being shrewish.
Pilia quickly became a close friend and confidante of Tullia. They were the same age and of similar temperaments, and I often saw them walking together, holding hands. Tullia had been a widow by this time for a year and encouraged by Pilia now declared herself ready to take a new husband. Cicero made enquiries about a suitable match and soon came up with Furius Crassipes – a young, rich, good-looking aristocrat, of an ancient but undistinguished family, eager for a career as a senator. He had also recently inherited a handsome house and a park just beyond the city walls. Tullia asked me for my opinion.
I said, ‘What I think doesn’t matter. The question is: do you like him?’
‘I think I do.’
‘Do you think you do or are you sure?’
‘I’m sure.’
‘Then that is enough.’
In truth I thought Crassipes was more in love with the idea of Cicero as a father-in-law than Tullia as a wife. But I kept this view to myself. A wedding date was fixed.
Who knows the secrets of another’s marriage? Certainly not I. Cicero, for example, had long complained to me of Terentia’s peevishness, of her obsession with money, of her superstition and her coldness and her rude tongue. And yet the whole of this elaborate legal spectacle he had contrived to be enacted in the centre of Rome was for her – his means of making amends for all the wrongs she had suffered because of the failure of his career. For the first time in their long marriage, he laid at her feet the greatest gift he had to offer her: his oratory.
Not that she wanted to listen to it, mind you. She had hardly ever heard him speak in public, and never in the law courts, and had no desire to start now. It took considerable amounts of Cicero’s eloquence simply to persuade her to leave the house and come down to the Forum on the morning he was due to speak.
By this time the trial was in its second day. The prosecution had already laid out its case, Rufus and Crassus had responded, and only Cicero’s address remained to be heard. He had sat through the other speeches with barely concealed impatience; the details of the case were irrelevant to him and the advocates bored him. Atratinus, in his disconcertingly piping voice, had portrayed Rufus as a libertine, addicted to pleasure, sunk in debt, ‘a pretty-boy Jason in perpetual search of a golden fleece’ who had been paid by Ptolemy to intimidate the Alexandrian envoys and arrange the murder of Dio. Clodius had spoken next and described how his sister, ‘this chaste and distinguished widow’, had been tricked by Rufus into giving him gold out of the goodness of her heart – money she had thought was to finance public entertainment but which he had used to bribe Dio’s assassins – and how Rufus had then provided poison to her slaves to kill her and so cover his traces. Crassus, in his plodding way, and Rufus, with typical verve, had rebutted each of the charges. But the balance of opinion was that the prosecution had made its case and that the young reprobate was likely to be found guilty. This was the state of play when Cicero arrived in the Forum.
I conducted Terentia to her seat while he made his way through the thousands of spectators and went up the steps of the temple to the court. Seventy-five jurors had been empanelled. Beside them sat the praetor Domitius Calvinus with his lictors and scribes. To the left was the prosecution, with their witnesses arrayed behind them. And there in the front row, modestly attired but very much the centre of attention, was Clodia. She was almost forty but still beautiful, a grande dame with those famous huge dark eyes of hers that could invite intimacy one moment and threaten murder the next. She was known to be excessively close to Clodius – so much so that they had often been accused of incest. I saw her head turn very slightly to follow Cicero as he walked across to his place. Her expression was one of disdainful indifference. But she must have wondered what was coming.
Cicero adjusted the folds of his toga. He had no notes. A hush fell over the vast throng. He glanced across to where Terentia was sitting. Then he turned to the jury. ‘Gentlemen, anyone who doesn’t know our laws and customs might wonder why we are here, during a public festival, when all the other courts are suspended, to judge a young man of hard work and brilliant intellect – especially when it turns out he is being attacked by a person he once prosecuted, and by the wealth of a courtesan.’
At that, a great roar went rolling around the Forum, like the sound the crowd makes at the start of the games when a famous gladiator makes his first thrust. This was what they had come to see! Clodia stared straight ahead as if she had been turned to marble. I am sure that she and Clodius would never have brought their prosecution if they had thought there was a chance of Cicero being against them; but there was no escape now.
Having laid down a marker of what was to come, Cicero then proceeded to build his case. He conjured a picture of Rufus that was unrecognisable to those of us who knew him – of a sober, hard-working servant of the commonwealth whose main misfortune was to be ‘born not unhandsome’, and thus to have come to the attention of Clodia, ‘the Medea of the Palatine’, into whose neighbourhood he had moved. He stood behind the seated Rufus and clasped his hand on his shoulder. ‘His change of residence has been for this young man the cause of all his misfortunes and of all the gossip, for Clodia is a woman not only of noble birth but of notoriety, of whom I will say no more than what is necessary to refute the charges.’
He paused to allow the sense of anticipation to build. ‘Now, as many of you will know, I am on terms of great personal enmity with this woman’s husband …’ He stopped and snapped his fingers in exasperation. ‘I meant to say brother: I always make that mistake.’
His timing was perfect, and to this day even people who otherwise know nothing of Cicero still quote that joke. Almost everyone in Rome had felt the arrogance of the Claudii at some point down the yea
rs; to see them ridiculed was irresistible. Its effect not just on the audience but on the jury and even the praetor was wonderful to behold.
Terentia turned to me in puzzlement. ‘Why is everyone laughing?’
I did not know what to reply.
When order was restored, Cicero continued, with menacing friendliness: ‘Well, I am truly sorry to have to make this woman an enemy, especially as she is every other man’s friend. So let me first ask her whether she prefers me to deal with her severely, in the old-fashioned manner, or mildly, in the modern way?’
And then, to her evident horror, Cicero actually started walking across the court towards her. He was smiling, hand extended, inviting her to choose – the tiger playing with its prey. He halted barely a pace away from her.
‘If she prefers the old method, then I must call up from the dead one of those full-bearded men of antiquity to rebuke her …’
I have often pondered what Clodia should have done at this point. On reflection I believe her best course would have been to laugh along with Cicero – to try to win over the sympathy of the crowd by some piece of pantomime that would have shown she was entering into the spirit of the joke. But she was a Claudian. Never before had anyone dared openly to laugh at her, let alone the common people in the Forum. She was outraged, probably panicking, and so she responded in the worst way possible: she turned her back on Cicero like a sulky child.
He shrugged. ‘Very well, let me call up a member of her own family – to be specific, Appius Claudius the Blind. He will feel the least sorrow since he won’t be able to see her. If he were to appear, this is what he would say …’
And now Cicero addressed her in a ghostly voice, his eyes closed, his arms raised straight out in front of him; even Clodius started laughing. ‘Oh woman, what hast thou to do with Rufus, this stripling who is young enough to be thy son? Why hast thou been either so intimate with him as to give him gold, or caused such jealousy as to warrant the administering of poison? Why was Rufus so closely connected with thee? Is he a kinsman? A relative by marriage? A friend of thine late husband? None of these! What else could it have been then between you two except reckless passion? O woe! Was it for this that I brought water to Rome, that thou mightest use it after thy incestuous debauches? Was it for this that I built the Appian Way, that thou mightest frequent it with a train of other women’s husbands?’
With that, the ghost of old Appius Claudius evaporated and Cicero addressed Clodia’s turned back in his normal voice. ‘But if you prefer a more congenial relative, let us speak to you in the voice of your youngest brother over there, who loves you most dearly – who, as a boy, in fact, being of a nervous disposition and prey to night terrors, always used to get into bed with his big sister. Imagine him saying to you’ – and now Cicero perfectly imitated Clodius’s fashionable slouching stance and plebeian drawl – ‘what’s there to worry about, sister? So what if you fancied some young fellow. He was handsome. He was tall. You couldn’t get enough of him. You knew you were old enough to be his mother. But you were rich. So you bought him things to purchase his affection. It didn’t last long. He called you a hag. Well, forget him – just find yourself another one, or two, or ten. After all, that’s what you usually do.’
Clodius was no longer laughing. He looked at Cicero as if he would like to clamber over the benches of the court and strangle him. But the audience were laughing right enough. I glanced around and saw men and women with tears running down their cheeks. Empathy is the essence of the orator’s art. Cicero had that immense crowd entirely on his side, and after he had made them laugh with him, it was easy for him to make them share his outrage as he moved in for the kill.
‘I am now forgetting, Clodia, the wrongs you have done me; I am putting aside the memory of what I have suffered; I pass over your cruel actions towards my family during my absence; but I ask you this: if a woman without a husband opens her house to all men’s desires, and publicly leads the life of a courtesan; if she is in the habit of attending dinner parties with men who are perfect strangers; if she does this in Rome, in her park outside the city walls, and amid all those crowds on the Bay of Naples; if her embraces and caresses, her beach parties, her water parties, her dinner parties, proclaim her to be not only a courtesan, but also a shameless and wanton courtesan – if she does all that and a young man should be discovered consorting with this woman, should he be considered the corrupter or the corrupted, the seducer or the seduced?
‘This whole charge arises from a hostile, infamous, merciless, crime-stained, lust-stained house. An unstable and angry wanton of a woman has forged this accusation. Gentlemen of the jury: do not allow Marcus Caelius Rufus to be sacrificed to her lust. If you restore Rufus in safety to me, to his family, to the state, you will find in him one pledged, devoted and bound to you and to your children; and it is you above all, gentlemen, who will reap the rich and lasting fruits of all his exertions and labours.’
And with that it was over. For a moment Cicero stood there – one hand stretched towards the jury, the other towards Rufus – and there was silence. Then some great subterranean force seemed to rise from beneath the Forum, and an instant later the air began to tremble as several thousand pairs of feet stamped the ground and the crowd roared their approval. Someone started pointing repeatedly at Clodia and shouting, ‘Whore! Whore! Whore!’ and very quickly the chant was taken up all around us, the arms flashing out again and again: ‘Whore! Whore! Whore!’
Clodia looked out blank-faced with incredulity across this sea of hatred. She didn’t seem to notice that her brother had moved across the court and was standing beside her. But then he grasped her elbow and that seemed to jolt her out of her reverie. She glanced up at him, and finally, after some gentle coaxing, she allowed herself to be led off the platform and out of sight and into an obscurity from which it is fair to say she never again emerged as long as she lived.
Thus did Cicero exact his revenge on Clodia and reclaim his place as the dominant voice in Rome. It is hardly necessary to add that Rufus was acquitted and that Clodius’s loathing of Cicero was redoubled. ‘One day,’ he hissed, ‘you will hear a sound behind you, and when you turn, I shall be there, I promise you.’ Cicero laughed at the crudeness of the threat, knowing he was too popular for Clodius to dare to attack him – at least for now. As for Terentia, although she deplored the vulgarity of Cicero’s jokes and was appalled by the rudeness of the mob, nevertheless she was pleased by the utter social annihilation of her enemy, and as she and Cicero walked home, she took his arm – the first time I had witnessed such a public gesture of affection for years.
The following day, when Cicero went down the hill to attend a meeting of the Senate, he was mobbed both by the ordinary people and by the scores of senators waiting outside the chamber for the session to begin. As he received the congratulations of his peers, he looked exactly as he had done in his days of power, and I could see that he was quite intoxicated by his reception. As it happened, this was the Senate’s final meeting before it rose for its annual vacation, and there was a febrile mood in the air. After the haruspices had ruled the heavens propitious, and just as the senators started to file in for the start of the debate, Cicero beckoned me over and pointed on the order paper to the main subject to be discussed that day: the grant of forty million sesterces from the treasury to Pompey, to finance his grain purchases.
‘This could be interesting.’ He nodded to the figure of Crassus, just then stalking in to the chamber, wearing a grim expression. ‘I had a word with him about it yesterday. First Egypt, now this – he’s in a rage at Pompey’s megalomania. The thieves are at one another’s throats, Tiro: there could be an opportunity for mischief here.’
‘Be careful,’ I warned him.
‘Oh dear, yes: “Be careful!”’ he mocked, and tapped me on the head with the rolled-up order paper. ‘Well, I have a little power after yesterday, and you know what I always say: power is for using.’
With that he went off cheerfully in
to the Senate building.
I had not been intending to stay for the session, having much work to do in preparing Cicero’s speech of the previous day for publication. But now I changed my mind and went and stood at the doorway. The presiding consul was Cornelius Lentulus Marcellinus, a patriotic aristocrat of the old sort – hostile to Clodius, supportive of Cicero and suspicious of Pompey. He made sure to call a series of speakers who all denounced the granting of such a huge sum to Pompey. As one pointed out, there was no money available in any case, every spare copper being swallowed up implementing Caesar’s law that gave the Campanian lands to Pompey’s veterans and the urban poor. The house grew rowdy. Pompey’s supporters heckled his opponents. His opponents shouted back. (Pompey himself was not allowed to be present, as the grain commission conveyed imperium – a power that barred its holders from entering the Senate.) Crassus looked gratified with the way things were going. Finally, Cicero indicated that he wished to speak, and the house became quiet as senators leaned forwards to hear what he had to say.