The rooms of Cicero's house were still warm from the women's presence, the air moist with the scent of perfume and incense, of sandalwood and juniper. Female slaves were sweeping the floors and clearing away leftovers; on the altar in the atrium was a pile of white ash. Clodius made no attempt to hide his curiosity. He went round picking up objects and examining them and was obviously bursting to ask all manner of questions, especially when Terentia appeared. She was still wearing the robes of the high priestess, but even these were forbidden to the eyes of men, so she concealed them beneath a cloak that she kept tightly clasped at her throat. Her face was flushed; her voice was high and strange.
'There was a sign,' she announced, 'not an hour ago, from the Good Goddess herself!' Cicero looked dubious, but she was too enraptured to notice. 'I have received a special dispensation from the Vestal Virgins to inform you of what we saw. There,' she gestured dramatically, 'on the altar, the fire had entirely burned out. The ash was quite cold. But then a great bright flame shot up. It was the most extraordinary portent anyone could ever remember.'
'And what do they think it means, this portent?' enquired Cicero, clearly interested despite himself.
'It is a sign of favour, sent directly to your home on a day of great importance, to promise you safety and glory.'
'Is it indeed?'
'Be bold,' she said, taking his hand. 'Do the brave thing. You will be honoured for ever. And no harm will come to you. That is the message from the Good Goddess.'
I have often wondered in the years since whether this affected Cicero's judgement at all. True, he had repeatedly derided auguries and omens to me as childish nonsense. But then I have found that even the greatest sceptics, in extremis, will pray to every god in the firmament if they think it might help them. Certainly I could tell that Cicero was pleased. He kissed Terentia's hand and thanked her for her piety and concern for his interests. Then he went upstairs to prepare for the senate as news of the portent was spread, on his instructions, to the crowd in the street. Clodius, meanwhile, had found a woman's shift lying beneath one of the couches, and I watched him put it to his nose and inhale deeply.
On the orders of the consul, the prisoners were not brought to the senate but were left where they had been confined overnight. Cicero said this was for reasons of security, but in my opinion it was because he could not bear to look at their faces. Once again the session was held in the Temple of Concordia, and all the leading men of the republic attended except for Crassus, who sent word that he was ill. In reality he wished to avoid casting a vote either for or against the death penalty. He may also have been fearful of assault: there were plenty among the patricians and the Order of Knights who thought he too should have been arrested. Caesar, however, turned up as cool as you please, his sharp wide shoulders pushing past the guards, ignoring their oaths and insults. He squeezed into his seat on the front bench, settled back and thrust out his legs far into the gangway. Cato's narrow skull was directly opposite him: his head was bent reading the treasury accounts as usual. It was very cold. The doors at the far end of the temple had been left wide open for the crowd of spectators, and a veritable gale was blowing down the aisle. Isauricus wore a pair of old grey mittens, there was much coughing and sneezing, and when Cicero stood to call the house to order, his breath billowed out like steam from a cooking pot.
'Gentlemen,' he declared, 'this is the most solemn assembly of our order that I can ever remember. We meet to determine what should be done with the criminals who have threatened our republic. I intend that every man here who desires to speak shall have the chance to do so. I do not mean to express a view myself-' He held up his hand to quell the objections. 'No one can say I have not played the part of leader in this matter. But henceforth I wish to be the senate's servant, and whatever you decide, you may be sure I shall put into effect. I would rule only that your decision must be reached today, before nightfall. We cannot delay. Your punishment, whatever form it takes, must be a swift one. I now call Decimus Junius Silanus to give his opinion.'
It was the privilege of the senior consul-elect always to speak first in debates, but I am sure that on that particular day it was an honour Silanus would happily have forgone. Up to now I have not had much to say about Silanus, in part because I find it hard to remember him: in an age of giants, he was a dwarf – respectable, grey, dull, prone to bouts of ill health and enervating gloom. He would never have won the prize in a thousand years but for the energy and ambition of Servilia, who was so determined that her three daughters should have a consul for a father, she made herself Caesar's mistress to further her husband's career. Glancing occasionally with nervous eyes along the front bench to the man who was cuckolding him, Silanus spoke haltingly of the competing claims of justice and mercy, of security and liberty, of his friendship with Lentulus Sura and his hatred of traitors. What was he driving at? It was impossible to tell. Finally Cicero had to ask him directly what penalty he was recommending. Silanus took a deep breath and closed his eyes. 'Death,' he said.
The senate stirred as the dreadful word was spoken. Murena was called next. I could see why Cicero had favoured him to be consul over Servius at a time of crisis. There was something solid and four-square about him as he stood with his legs apart and his pudgy hands on his hips. 'I am a soldier,' he said. 'Rome is at war. Out in the countryside women and children are being ravished, temples pillaged, crops destroyed; and now our vigilant consul has discovered that similar chaos was being plotted in the mother city. If I found men in my camp planning to set it afire and murder my officers, I would not hesitate for an instant to order their execution. The penalty for the traitors is always, must be – and can only be – death.'
Cicero worked his way along the front bench, calling one ex-consul after another. Catulus made a blood- curdling speech about the horrors of butchery and arson and also came out firmly in support of death; so did the two Lucullus brothers, Piso, Curio, Cotta, Figulus, Volcacius, Servilius, Torquatus and Lepidus; even Caesar's cousin Lucius came down reluctantly for the supreme penalty. Taken together with Silanus and Murena, that made fourteen men of consular rank all arguing for the same punishment. No voice was raised against. It was so one- sided, Cicero later told me he feared he might be accused of rigging the vote. After several hours during which nothing had been heard except demands for death, he rose and asked if there was any man who wished to propose a different sentence. All heads naturally turned to Caesar. But it was an ex-praetor, Tiberius Claudius Nero, who was the first on his feet. He had been one of Pompey's commanders in the war against the pirates, and he spoke on his chief's behalf. 'Why are we in such a hurry, gentlemen? The conspirators are safely under lock and key. I believe we should summon Pompey the Great home to deal with Catilina. Once the leader is defeated, then we can decide at our leisure what to do with his minions.'
When Nero had finished, Cicero asked, 'Does anyone else wish to speak against an immediate sentence of death?'
That was when Caesar slowly uncrossed his legs and rose to his feet. Immediately a great cacophony of shouts and jeering rang out, but Caesar had obviously anticipated this and had prepared his response. He stood with his hands behind his back, patiently waiting until the noise had died down. 'Whoever, gentlemen, is pondering a difficult question,' he said in his quietly threatening voice, 'ought to clear his mind of all hatred and anger, as well as affection and compassion. It isn't easy to discern the truth if one gives way to emotion.' He uttered the last word with such stinging contempt, it had the effect of briefly silencing his opponents. 'You may ask why I oppose the death penalty-'
'Because you're also guilty!' someone shouted.
'If I were guilty,' retorted Caesar, 'how better to hide it than to clamour for death with all the rest of you? No, I don't oppose death because these men were once my friends – in public life one must set aside such feelings. Nor do I oppose it because I regard their offences as trivial. Frankly, I think that any torture would be less than these men deserve. But people have short memories. Once criminals have been brought to justice, their guilt is soon forgotten, or becomes a matter of dispute. What's never forgotten is their punishment, especially if it's extreme. I'm sure Silanus makes his proposal with the best interests of his country at heart. Yet it strikes me – I won't say as harsh, for in dealing with such men nothing could be too harsh, but as out of keeping with the traditions of our republic.
'All bad precedents have their origins in measures that at the time seem good. Twenty years ago, when Sulla ordered the execution of Brutus and other criminal adventurers, who among us did not approve his action? The men were villains and trouble-makers; it was generally agreed that they deserved to die. But those executions proved to be the first step on the path to a national calamity. Before long, anyone who coveted another man's land or villa – or in the end merely his dishes and clothes – could have him killed by denouncing him as a traitor. So those who rejoiced in the death of Brutus found themselves being hauled off to execution, and the killings didn't stop till Sulla had glutted all his followers with riches. Of course I'm not afraid that any such action will be taken by Marcus Cicero. But in a great nation like ours there are many men, with many different characters, and it may be that on
