I thought he might be about to sink to his knees and start kissing the senator’s feet, and so, I suspect, did Cicero, for he quickly got up from his chair and started pacing about the room. ‘It seems to me there are two aspects to this case, Sthenius. One, the theft of your property – and there, frankly, I cannot see what is to be done. Why do you think men such as Verres desire to be governors in the first place? Because they know they can take what they want, within reason. The second aspect, the manipulation of the legal process – that is more promising.
‘I know several men with great legal expertise who live in Sicily – one, indeed, in Syracuse. I shall write to him today and urge him, as a particular favour to me, to accept your case. I shall even give him my opinion as to what he should do. He should apply to the court to have the forthcoming prosecution declared invalid, on the grounds that you are not present to answer. If that fails, and Verres goes ahead, your advocate should come to Rome and argue that the conviction is unsound.’
But the Sicilian was shaking his head. ‘If it was just a lawyer in Syracuse I needed, Senator, I would not have come all the way to Rome.’
I could see Cicero did not like where this was leading. Such a case could tie up his practice for days, and Sicilians, as I had reminded him, did not have votes. Pro bono indeed!
‘Listen,’ he said reassuringly, ‘your case is strong. Verres is obviously corrupt. He abuses hospitality. He steals. He brings false charges. He plots judicial murder. His position is indefensible. It can easily be handled by an advocate in Syracuse – really, I promise you. Now, if you will excuse me, I have many clients to see, and I am due in court in less than an hour.’
He nodded to me and I stepped forward, putting a hand on Sthenius’s arm to guide him out. The Sicilian shook it off. ‘But I need you,’ he persisted.
‘Why?’
‘Because my only hope of justice lies here, not in Sicily, where Verres controls the courts. And everyone here tells me Marcus Cicero is the second-best lawyer in Rome.’
‘Do they indeed?’ Cicero’s tone took on an edge of sarcasm: he hated that epithet. ‘Well then, why settle for second best? Why not go straight to Hortensius?’
‘I thought of that,’ said his visitor artlessly, ‘but he turned me down. He is representing Verres.’
I SHOWED THE Sicilian out and returned to find Cicero alone in his study, tilted back in his chair, staring at the wall, tossing the leather ball from one hand to the other. Legal textbooks cluttered his desk. Precedents in Pleading by Hostilius was one which he had open; Manilius’s Conditions of Sale was another.
‘Do you remember that red-haired drunk on the quayside at Puteoli, the day we came back from Sicily? “Ooooh! My good fellow! He’s returning from his province …”’
I nodded.
‘That was Verres.’ The ball went back and forth, back and forth. ‘The fellow gives corruption a bad name.’
‘I am surprised at Hortensius for getting involved with him.’
‘Are you? I’m not.’ He stopped tossing the ball and contemplated it on his outstretched palm. ‘The Dancing Master and the Boar …’ He brooded for a while. ‘A man in my position would have to be mad to tangle with Hortensius and Verres combined, and all for the sake of some Sicilian who is not even a Roman citizen.’
‘True.’
‘True,’ he repeated, although there was an odd hesitancy in the way he said it which sometimes makes me wonder if he had not just then glimpsed the whole thing – the whole extraordinary set of possibilities and consequences, laid out like a mosaic in his mind. But if he had, I never knew, for at that moment his daughter Tullia ran in, still wearing her nightdress, with some childish drawing to show him, and suddenly his attention switched entirely on to her and he scooped her up and settled her on his knee. ‘Did you do this? Did you really do this all by yourself …?’
I left him to it and slipped away, back into the tablinum, to announce that we were running late and that the senator was about to leave for court. Sthenius was still moping around, and asked me when he could expect an answer, to which I could only reply that he would have to fall in with the rest. Soon after that Cicero himself appeared, hand in hand with Tullia, nodding good morning to everyone, greeting each by name (‘The first rule in politics, Tiro: never forget a face’). He was beautifully turned out, as always, his hair pomaded and slicked back, his skin scented, his toga freshly laundered; his red leather shoes spotless and shiny; his face bronzed by years of pleading in the open air; groomed, lean, fit: he glowed. They followed him into the vestibule, where he hoisted the beaming little girl into the air, showed her off to the assembled company, then turned her face to his and gave her a resounding kiss on the lips. There was a drawn-out ‘Ahh!’ and some isolated applause. It was not wholly put on for show – he would have done it even if no one had been present, for he loved his darling Tulliola more than he ever loved anyone in his entire life – but he knew the Roman electorate were a sentimental lot, and that if word of his paternal devotion got around, it would do him no harm.
And so we stepped out into the bright promise of that November morning, into the gathering noise of the city – Cicero striding ahead, with me beside him, notebook at the ready; Sositheus and Laurea tucked in behind, carrying the document cases with the evidence he needed for his appearance in court; and, on either side of us, trying to catch the senator’s attention, yet proud merely to be in his aura, two dozen assorted petitioners and hangers-on, including Sthenius – down the hill from the leafy, respectable heights of the Esquiline and into the stink and smoke and racket of Subura. Here the height of the tenements shut out the sunlight and the packed crowds squeezed our phalanx of supporters into a broken thread that still somehow determinedly trailed along after us. Cicero was a well-known figure here, a hero to the shopkeepers and merchants whose interests he had represented, and who had watched him walking past for years. Without once breaking his rapid step, his sharp blue eyes registered every bowed head, every wave of greeting, and it was rare for me to need to whisper a name in his ear, for he knew his voters far better than I.
I do not know how it is these days, but at that time there were six or seven law courts in almost permanent session, each set up in a different part of the forum, so that at the hour when they all opened one could barely move for advocates and legal officers hurrying about. To make it worse, the praetor of each court would always arrive from his house preceded by half a dozen lictors to clear his path, and as luck would have it, our little entourage debouched into the forum at exactly the moment that Hortensius – at this time a praetor himself – went parading by towards the senate house. We were all held back by his guards to let the great man pass, and to this day I do not think it was his intention to cut Cicero dead, for he was a man of refined, almost effeminate manners: he simply did not see him. But the consequence was that the so-called second-best advocate in Rome, his cordial greeting dead on his lips, was left staring at the retreating back of the so-called best with such an intensity of loathing I was surprised Hortensius did not start rubbing at the skin between his shoulder blades.
Our business that morning was in the central criminal court, convened outside the Basilica Aemilia, where the fifteen-year-old Caius Popillius Laenas was on trial accused of stabbing his father to death through the eye with a metal stylus. I could already see a big crowd waiting around the tribunal. Cicero was due to make the closing speech for the defence. That was attraction enough. But if he failed to convince the jury, Popillius, as a convicted parricide, would be stripped naked, flayed till he bled, then sewn up in a sack together with a dog, a cock and a viper and thrown into the River Tiber. There was a whiff of bloodlust in the air, and as the onlookers parted to let us through, I caught a glimpse of Popillius himself, a notoriously violent youth, whose eyebrows merged to form a continuous thick black line. He was seated next to his uncle on the bench reserved for the defence, scowling defiantly, spitting at anyone who came too close. ‘We really mus
t secure an acquittal,’ observed Cicero, ‘if only to spare the dog, the cock and the viper the ordeal of being sewn up in a sack with Popillius.’ He always maintained that it was no business of the advocate to worry whether his client was guilty or not: that was for the court. He undertook only to do his best, and in return the Popillii Laeni, who could boast four consuls in their family tree, would be obliged to support him whenever he ran for office.
Sositheus and Laurea set down the boxes of evidence, and I was just bending to unfasten the nearest when Cicero told me to leave it. ‘Save yourself the trouble,’ he said, tapping the side of his head. ‘I have the speech up here well enough.’ He bowed politely to his client – ‘Good day, Popillius: we shall soon have this settled, I trust’ – then continued to me, in a quieter voice: ‘I have a more important task for you. Give me your notebook. I want you to go to the senate house, find the chief clerk, and see if there is a chance of having this put on the order paper this afternoon.’ He was writing rapidly. ‘Say nothing to our Sicilian friend just yet. There is great danger. We must take this carefully, one step at a time.’
It was not until I had left the tribunal and was halfway across the forum to the senate house that I risked taking a look at what he had written: That in the opinion of this house the prosecution of persons in their absence on capital charges should be prohibited in the provinces. I felt a tightening in my chest, for I saw at once what it meant. Cleverly, tentatively, obliquely, Cicero was preparing at last to challenge his great rival. I was carrying a declaration of war.
GELLIUS PUBLICOLA WAS the presiding consul for November. He was a blunt, delightfully stupid military commander of the old school. It was said, or at any rate it was said by Cicero, that when Gellius had passed through Athens with his army twenty years before, he had offered to mediate between the warring schools of philosophy: he would convene a conference at which they could thrash out the meaning of life once and for all, thus sparing themselves further pointless argument. I knew Gellius’s secretary fairly well, and as the afternoon’s agenda was unusually light, with nothing scheduled apart from a report on the military situation, he agreed to add Cicero’s motion to the order paper. ‘But you might warn your master,’ he said, ‘that the consul has heard his little joke about the philosophers, and he does not much like it.’
By the time I returned to the criminal court, Cicero was already well launched on his closing speech for the defence. It was not one of those which he afterwards chose to preserve, so unfortunately I do not have the text. All I can remember is that he won the case by the clever expedient of promising that young Popillius, if acquitted, would devote the rest of his life to military service – a pledge which took the prosecution, the jury, and indeed his client entirely by surprise. But it did the trick, and the moment the verdict was in, without pausing to waste another moment on the ghastly Popillius, or even to snatch a mouthful of food, he set off immediately westwards towards the senate house, still trailed by his original honour-guard of admirers, their number swelled by the spreading rumour that the great advocate had another speech planned.
Cicero used to say that it was not in the senate chamber that the real business of the republic was done, but outside, in the open-air lobby known as the senaculum, where the senators were obliged to wait until they constituted a quorum. This daily massing of white-robed figures, which might last for an hour or more, was one of the great sights of the city, and while Cicero plunged in among them, Sthenius and I joined the crowd of gawpers on the other side of the forum. (The Sicilian, poor fellow, still had no idea what was happening.)
It is in the nature of things that not all politicians can achieve greatness. Of the six hundred men who then constituted the senate, only eight could be elected praetor – to preside over the courts – in any one year, and only two of these could go on to achieve the supreme imperium of the consulship. In other words, more than half of those milling around the senaculum were doomed never to hold elected office at all. They were what the aristocrats sneeringly called the pedarii, the men who voted with their feet, shuffling dutifully to one side of the chamber or the other whenever a division was called. And yet, in their way, these citizens were the backbone of the republic: bankers, businessmen and landowners from all over Italy; wealthy, cautious and patriotic; suspicious of the arrogance and show of the aristocrats. Like Cicero, they were often ‘new men’, the first in their families to win election to the senate. These were his people, and observing him threading his way among them that afternoon was like watching a master-craftsman in his studio, a sculptor with his stone – here a hand resting lightly on an elbow, there a heavy arm clapped across a pair of meaty shoulders; with this man a coarse joke, with that a solemn word of condolence, his own hands crossed and pressed to his breast in sympathy; detained by a bore, he would seem to have all the hours of the day to listen to his dreary story, but then you would see his hand flicker out and catch some passer-by, and he would spin as gracefully as a dancer, with the tenderest backward glance of apology and regret, to work on someone else. Occasionally he would gesture in our direction, and a senator would stare at us, and perhaps shake his head in disbelief, or nod slowly to promise his support.
‘What is he saying about me?’ asked Sthenius. ‘What is he going to do?’
I made no answer, for I did not know myself.
By now it was clear that Hortensius had realised something was going on, but was unsure exactly what. The order of business had been posted in its usual place beside the door of the senate house. I saw Hortensius stop to read it – the prosecution of persons in their absence on capital charges should be prohibited in the provinces – and turn away, mystified. Gellius Publicola was sitting in the doorway on his carved ivory chair, surrounded by his attendants, waiting until the entrails had been inspected and the auguries declared favourable before summoning the senators inside. Hortensius approached him, palms spread wide in enquiry. Gellius shrugged and pointed irritably at Cicero. Hortensius swung round to discover his ambitious rival surrounded by a conspiratorial circle of senators. He frowned, and went over to join his own aristocratic friends: the three Metellus brothers – Quintus, Lucius and Marcus – and the two elderly ex-consuls who really ran the empire, Quintus Catulus (whose sister was married to Hortensius), and the double-triumphator Publius Servilius Vatia Isauricus. Merely writing their names after all these years raises the hairs on my neck, for these were such men, stern and unyielding and steeped in the old republican values, as no longer exist. Hortensius must have told them about the motion, because slowly all five turned to look at Cicero. Immediately thereafter a trumpet sounded to signal the start of the session and the senators began to file in.
The old senate house was a cool, gloomy, cavernous temple of government, split by a wide central aisle of black and white tile. Facing across it on either side were long rows of wooden benches, six deep, on which the senators sat, with a dais at the far end for the chairs of the consuls. The light on that November afternoon was pale and bluish, dropping in shafts from the unglazed windows just beneath the raftered roof. Pigeons cooed on the sills and flapped across the chamber, sending small feathers and even occasionally hot squirts of excrement down on to the senators below. Some held that it was lucky to be shat on while speaking, others that it was an ill omen, a few that it depended on the colour of the deposit. The superstitions were as numerous as their interpretations. Cicero took no notice of them, just as he took no notice of the arrangement of sheep’s guts, or whether a peal of thunder was on the left or the right, or the particular flight-path of a flock of birds – idiocy all of it, as far as he was concerned, even though he later campaigned enthusiastically for election to the College of Augurs.
By ancient tradition, then still observed, the doors of the senate house remained open so that the people could hear the debates. The crowd, Sthenius and I among them, surged across the forum to the threshold of the chamber, where we were held back by a simple rope. Gellius was already speaking
, relating the dispatches of the army commanders in the field. On all three fronts, the news was good. In southern Italy, the vastly rich Marcus Crassus – he who once boasted that no man could call himself wealthy until he could keep a legion of five thousand solely out of his income – was putting down Spartacus’s slave revolt with great severity. In Spain, Pompey the Great, after six years’ fighting, was mopping up the last of the rebel armies. In Asia Minor, Lucius Lucullus was enjoying a glorious run of victories over King Mithradates. Once their reports had been read, supporters of each man rose in turn to praise his patron’s achievements and subtly denigrate those of his rivals. I knew the politics of this from Cicero and passed them on to Sthenius in a superior whisper: ‘Crassus hates Pompey and is determined to defeat Spartacus before Pompey can return with his legions from Spain to take all the credit. Pompey hates Crassus and wants the glory of finishing off Spartacus so that he can rob him of a triumph. Crassus and Pompey both hate Lucullus because he has the most glamorous command.’
‘And whom does Lucullus hate?’
‘Pompey and Crassus, of course, for intriguing against him.’
I felt as pleased as a child who has just successfully recited his lesson, for it was all just a game then, and I had no idea that we would ever get drawn in. The debate came to a desultory halt, without the need for a vote, and the senators began talking among themselves. Gellius, who must have been well into his sixties, held the order paper up close to his face and squinted at it, then peered around the chamber, trying to locate Cicero, who, as a junior senator, was confined to a distant back bench near the door. Eventually Cicero stood to show himself, Gellius sat, the buzz of voices died away, and I picked up my stylus. There was a silence, which Cicero allowed to grow, an old trick to increase tension. And then, when he had waited so long it seemed that something must be wrong, he began to speak – very quietly and hesitantly at first, forcing his listeners to strain their ears, the rhythm of his words hooking them without their even knowing it.