The prosecution and defence having rested their cases, it now remained only for Voconius to sum up their arguments and direct the jury on points of law. Clodius was once again seated beside Fulvia. He turned and whispered to her occasionally, while she stared hard at the men who would shortly decide her husband's fate. Everything in court always takes longer than one expects – questions have to be answered, statutes consulted, documents found – and it must have been at least an hour later that the court officials finally began handing out the wax voting tokens to the jurymen. On one side was scratched an A for acquittal, and on the other a C for condemnation. The system was designed for maximum secrecy: it was the work of a moment to use one's thumb to wipe a letter clear and then drop the vote into the urn as it was handed round. When every token had been collected, the urn was carried over to the table in front of the praetor and emptied out. All around me the crowd stood on tiptoe, straining to see what was happening. For some, the tension of the silence was too much, and they felt compelled to puncture it by shouting out banalities – 'Come on, Clodius!' 'Long live Clodius!' – cries that produced little flurries of applause in the teeming multitude. An awning had been set up above the court to keep off the weather, and I remember how the canvas snapped like a sail in the stiff May breeze. At last the reckoning was done and the tally was handed to the praetor. He stood, and the court all did the same. Fulvia gripped Clodius's arm. I closed my eyes tight shut and prayed. We needed just twenty-nine votes to send Clodius into exile for the rest of his life.
'There voted in favour of condemnation twenty-five, and in favour of acquittal thirty-one. The verdict of this court is therefore that Publius Clodius Pulcher is not guilty of the charges laid against him, and the case-'
The praetor's final words were lost in the roar of approval. For me, the earth seemed to tilt. I felt myself sway, and when I opened my eyes, blinking in the glare, Clodius was making his way around the court, shaking hands with the jurors. The legionaries had linked arms to prevent anyone storming the platform. The mob were cheering and dancing. On either side of me Clodius's supporters insisted on shaking my hand, and I tried to force a smile as I did so, otherwise they might have beaten me up, or worse. In the midst of this noisy jubilation, the senatorial benches sat as white and still as a field of freshly fallen snow. I could make out a few expressions – Hortensius stricken, Lucullus uncomprehending, Catulus slack-mouthed with dismay. Cicero wore his professional mask and gazed statesmanlike into the distance.
After a few moments Clodius came to the front of the platform. He ignored the praetor's shouts that this was a court of law and not a public assembly and held up his hands for quiet. At once the noise fell away.
'My fellow citizens,' he said, 'this is not a victory for me. This is a victory for you, the people.' Another great swell of applause carried forward and broke against the temple, and he turned his face towards it, Narcissus to his mirror. This time he let the adulation go on for a long time. 'I was born a patrician,' he continued eventually, 'but the members of my own class turned against me. It is you who have supported and sustained me. It is to you I owe my life. I am of you. I wish to be among you. And henceforth I shall dedicate myself to you. Let it be known, therefore, on the day of this great victory, that it is my resolve to disavow my inheritance of blood as a patrician, and to seek adoption as a plebeian.' I glanced at Cicero. The statesmanlike look had vanished. He was staring at Clodius in open astonishment. 'And if I am successful, I shall follow a path of ambition not through the senate – filled as it is with the bloated and the corrupt – but as a people's representative – as one of you – as a tribune!' More massive applause followed, which again he quieted with a stroke of his hand. 'And if you, the people, choose me as a tribune, I make you this pledge and this promise, my friends – those who have taken the lives of Roman citizens without trial will very soon know what it is to taste the people's justice!'
Afterwards, Cicero retired to his library to mull over the verdict with Hortensius, Catulus and Lucullus, while Quintus went off to see if he could discover what had happened. As the senators sat in shock, Cicero told me to fetch some wine. 'Four votes,' he murmured. 'Just four votes cast the other way, and that irresponsible reprobate would even now be on his way out of Italy for ever. Four votes! ' He could not stop repeating it.
'Well, this is the end for me, gentlemen,' announced Lucullus. 'I shall retire from public life.' From a distance he seemed still to possess his usual cold demeanour, but when one came close to him, as I did when I handed him a cup of wine, one could see that he was blinking uncontrollably. He had been humiliated. It was intolerable to him. He drank the wine quickly and held out his cup for more.
'Our colleagues will be in a panic,' observed Hortensius.
Catulus said, 'I feel quite faint.'
'Four votes!'
'I shall tend my fish, study philosophy and compose myself for death. This republic holds no place for me any longer.'
Presently, Quintus arrived with news from the court. He had spoken to the prosecutors, he said, and to three of the jurors who had voted to condemn. 'It seems there has never been such bribery in the history of Roman justice. There are rumours that some of the key men were offered four hundred thousand to make sure the verdict went Clodius's way.'
' Four hundred thousand? ' repeated Hortensius in disbelief.
'But where did Clodius get such sums?' demanded Lucullus. 'That little bitch of a wife is rich, but even so…'
Quintus said, 'The rumour is that the money was put up by Crassus.'
For the second time that day, the solid earth seemed to melt beneath my feet. Cicero glanced briefly in my direction.
'I find that hard to believe,' said Hortensius. 'Why would Crassus want to pay out a fortune to rescue Clodius, of all people?'
'Well, I can only report what is being said,' replied Quintus. 'Crassus had twenty of the jury round to his house last night, one after the other, and asked each of them what they wanted. He settled bills for some. To others he gave contracts. The rest took cash.'
'That is still not a majority of the jury,' pointed out Cicero.
'No, the word is that Clodius and Fulvia were also busy,' said Quintus, 'and not just with their gold. Beds were creaking in some noble houses in Rome last night, for those jurors who chose to take their payment in a different coin – male or female. I'm told that Clodia herself worked hard for several votes.'
'Cato has been right all along,' exclaimed Lucullus. 'The core of our republic is utterly rotten. We're finished. And Clodius is the maggot who will destroy us.'
'Can you imagine a patrician transferring to the plebs?' asked Hortensius in a tone of wonder. 'Can you imagine wanting to do such a thing?'
'Gentlemen, gentlemen,' said Cicero, 'we've lost a trial, that's all – don't let's lose our nerve. Clodius isn't the first guilty man to walk free from a court of law.'
'He will come after you, brother,' warned Quintus. 'If he transfers to the plebs, you can be sure he will be elected tribune – he's too popular now to be stopped – and once he has the powers of that office at his disposal, he can cause you a great deal of trouble.'