Here it was, therefore, with armed guards ringing the house and with all manner of people senators, knights, treasury officials, lictors, messengers bustling in and out from the crowded atrium, that Cicero issued various orders to protect the city. He also sent a note to Terentia to inform her of what had happened. Then he retreated to the quiet of the library to try to decide what to do with the five conspirators. From the four corners of the room, freshly garlanded busts of Aristotle and Plato, Zeno and Epicurus gazed down on his deliberations, unperturbed.
'If I sanction the execution of the traitors, I shall be pursued by their supporters for the rest of my days you saw how sullen that crowd was. On the other hand, if I let them simply go into exile, those same supporters will agitate constantly for their return; I shall never know safety, and this whole fever will quickly recur.' He gazed dejectedly at the head of Aristotle. 'The philosophy of the golden mean does not seem to fit this particular predicament.'
Exhausted, he sat on the edge of his chair, leaning forward, with his hands clasped behind the back of his neck, staring at the floor. He did not lack advice. His brother Quintus urged a hard line: the conspirators were so clearly guilty, the whole of Rome the whole world, come to that would think him a weakling if he didn't punish them with death. This was a time of war! The gentle Atticus's view was entirely the opposite: if Cicero had stood for anything throughout his political career, it was surely the rule of law. For centuries every citizen had had the right of appeal against arbitrary sentence. What else had the Verres case been about if not this? Civis Romanus sum! As for me, I am afraid that when my turn came to speak, I advocated the coward's way out. Cicero had only another twenty-six days in office. Why not lock the prisoners away somewhere and leave it to his successors to determine their fate? Both Quintus and Atticus threw up their hands at this, but Cicero could see the merits in it, and years later he told me that actually I had been right. 'But that is with hindsight,' he said, 'which is of course the irredeemable flaw of history. If you remember the circumstances of the time, with soldiers on the streets and armed bands congregating, and with rumours that Catilina might attack the city at any moment in an attempt to free his associates how could I have avoided taking a stand?'
The most extreme advice of all came from Catulus, who turned up late in the evening, just as Cicero was about to retire to bed, with a group of former consuls, including the two Lucullus brothers, Lepidus, Torquatus and the former governor of Nearer Gaul, C. Piso. They came to demand that Caesar be arrested.
'On what evidence?' asked Cicero, rising wearily to his feet to greet the delegation.
'Treason, of course,' replied Catulus. 'Do you have the least particle of doubt that he's had a hand in this business from the start?'
'None. But that's not the same as having evidence.'
'Then make the evidence,' said the senior Lucullus smoothly. 'All that's required is a more detailed statement from Volturcius implicating Caesar, and we shall have him at last.'
'I guarantee you a majority of the senate will vote to arrest him,' said Catulus. His companions murmured in agreement.
'And then what?'
'Execute him along with the others.'
'Execute the head of the state religion on a trumped-up charge? There'll be a civil war!'
Lucullus said, 'There's likely to be a civil war one day anyway, thanks to Caesar, but if you act now, you can prevent it. Remember your authority. You've just been granted a thanksgiving. Your prestige in the senate has never been higher.'
'I was not granted a thanksgiving in order to go round like a tyrant butchering my opponents!'
'No, you were granted it,' retorted Catulus, 'because I proposed it.'
'And you are so blinded with hatred for Caesar because he robbed you of the pontificate that you can no longer see straight!' I had never heard Cicero speak in such a way to one of the old patricians, and Catulus's whole body seemed to give a jerk, as if he had stepped on something sharp. 'Now listen to me,' the consul continued, pointing his finger. 'Listen to me, all of you. I have Caesar precisely where I want him. I have that Leviathan by the tail at last. If he lets his prisoner escape tonight, I agree we can arrest him, because he will have given us proof of his guilt. But for that very reason he won't let him escape. He'll obey the will of the senate for a change. And I mean to make sure it's a habit he gets used to.'
'Until he does the same thing again,' said Piso, who had only recently survived an attempt by Caesar to have him exiled for corruption.
'Then we'll just have to outwit him again,' said Cicero. 'And again. And again. And we'll have to go on doing it for as long as is necessary. But I believe I have his measure now, and my handling of this crisis over the past year has shown that my judgement about such matters is not usually wrong.'
His visitors lapsed into silence. He was the man of the hour. His prestige was at its zenith. For once nobody felt able to contradict him, not even Lucullus. Eventually Piso said, 'And the conspirators?'
'That is for the senate to decide, not me.'
'They will look to you for a lead.'
'Then they will look in vain. Dear gods, have I not done enough?' Cicero shouted suddenly. 'I have exposed the conspiracy. I have stopped Catilina from becoming consul. I have driven him from Rome. I have foiled an attempt to burn down half the city and massacre us in our homes. I have delivered the traitors into custody. Am I now supposed to shoulder all the opprobrium for killing them as well? It's time you gentlemen started playing your part.'
'What is it you want us to do?' asked Torquatus.
'Stand up in the senate tomorrow and say what you want done with the conspirators. Show a lead to the rest of them. Don't expect me to carry the whole burden any longer. I'll call you one by one. State your view death it must be, I suppose: I can't see any way out of it but state it loud and clear, so that at least when I go before the people I can say I am the instrument of the senate and not a dictator.'
'You can rely on us for that,' said Catulus, glancing around at the others. They all nodded in agreement. 'But you're wrong about Caesar. We'll never get a better chance than this to stop him. Think on it overnight, I urge you.'
After they had gone, certain grim contingencies needed to be faced. If the senate voted for the death penalty, when would the condemned men be killed, and how, and where, and by whom? There was no precedent for such an action. When was easy enough: immediately judgement was passed, to forestall a rescue. And by whom was also obvious: the public executioner would do the dispatching, to establish that they were common criminals. Where and how were harder. They could scarcely be flung from the Tarpeian Rock that would invite a riot. Cicero consulted the head of his official bodyguard, the proximate lictor, who told him that the best place because the most easy to protect would be the execution chamber beneath the Carcer, which was conveniently next door to the Temple of Concordia. The space was too cramped and the light too poor for decapitation, he announced, so by a process of elimination it was settled that the conspirators would have to be strangled. The lictor went off to make sure that the carnifex and his assistants would be standing by.
'You can rely on us for that,' said Catulus, glancing around at the others. They all nodded in agreement. 'But you're wrong about Caesar. We'll never get a better chance than this to stop him. Think on it overnight, I urge you.'
After they had gone, certain grim contingencies needed to be faced. If the senate voted for the death penalty, when would the condemned men be killed, and how, and where, and by whom? There was no precedent for such an action. When was easy enough: immediately judgement was passed, to forestall a rescue. And by whom was also obvious: the public executioner would do the dispatching, to establish that they were common criminals. Where and how were harder. They could scarcely be flung from the Tarpeian Rock that would invite a riot. Cicero consulted the head of his official bodyguard, the proximate lictor, who told him that the best place because the most easy to protect would be the execution chamber beneath the Carcer, which was conveniently next door to the Temple of Concordia. The space was too cramped and the light too poor for decapitation, he announced, so by a process of elimination it was settled that the conspirators would have to be strangled. The lictor went off to make sure that the carnifex and his assistants would be standing by.
I could tell Cicero was upset by this conversation. He refused to eat, saying he had no appetite. He did consent to drink a little of Atticus's wine, from one of his exquisite Neapolitan glass beakers, but unfortunately his hand was shaking so much he dropped it, shattering the glass on the mosaic floor. After that had been cleared up Cicero decided he needed some fresh air. Atticus called for a slave to unlock the doors, and we stepped out from the library on to the narrow terrace. Down in the valley, the effect of the curfew was to make Rome seem as dark and fathomless as a lake. Only the Temple of Luna, lit up by torches on the slopes of the Palatine, was distinctly visible. It seemed to hover, suspended in the night, like some white-hulled vessel descended from the stars to inspect us. We leaned against the balustrade and vainly contemplated what we could not see.
Cicero sighed and said, more to himself than to any of us, 'I wonder what men will make of us a thousand years from now. Perhaps Caesar is right this whole republic needs to be pulled down and built again. I tell you, I have grown to dislike these patricians as much as I dislike the mob and they haven't the excuse of poverty or ignorance.' And then again, a few moments later: 'We have so much our arts and learning, laws, treasure, slaves, the beauty of Italy, dominion over the entire earth and yet why is it that some ineradicable impulse of the human mind always impels us to foul our own nest?' I surreptitiously made a note of both remarks.