First, he inserted into the bill a clause requiring every senator to swear an oath – on pain of death – that they would never try to repeal the law once it was on the statute book. Then he called a public assembly at which both Crassus and Pompey appeared. Cicero stood with the other senators and watched as Pompey, for the first time in his long career, was prevailed upon to issue a direct threat. 'This bill is just,' he declared. 'My men have shed their blood for Roman soil, and it is only right that when they return they should be given a share of that soil as their reward.'
'And what,' Caesar asked him disingenuously, 'if those who oppose this bill resort to violence?'
'If anyone comes with the sword, I shall bring my shield,' responded Pompey, before adding with menacing emphasis, 'and I shall also bring a sword of my own.'
The crowd roared in delight. Cicero could not bear to watch any more. He turned and pushed his way past his fellow senators and out of the public assembly.
Pompey's words were effectively a call to arms. Within days Rome began to fill with his veterans. He paid for them to come from all over Italy, and he put them up in tents outside the city, or in cheap lodgings around the town. They smuggled in illegal weapons, which they kept concealed, in anticipation of the last day in January, when the law was to be voted upon by the people. Senators who were known to oppose the legislation were jeered at in the street and their houses stoned.
The man who organised this intimidation on behalf of the Beast with Three Heads was the tribune P. Vatinius, who was known as the ugliest man in Rome. He had contracted scrofula as a boy, and his face and neck were covered in pendulous purplish-blue lumps. His hair was sparse and his legs were rickety, so that he walked with his knees wide apart, as if he had just dismounted after a long ride, or had soiled himself. Curiously, he also had great charm, and did not care at all what anyone said about him: he would always cap an enemy's joke about his appearance with a funnier one of his own. Pompey's men were devoted to him, and so were the plebs. He called many public meetings in support of Caesar's law, and on one occasion summoned the consul Bibulus to be cross-examined on the tribunes' platform. Bibulus was bad-tempered at the best of times, and Vatinius, knowing this, got his followers to lash together some wooden benches and run a bridge from the tribunes' platform straight up to the Carcer. When in due course under questioning Bibulus denounced the land bill in violent language – 'You will not have your law this year, not even if you all want it!' – Vatinius arrested him and had him paraded along the bridge to the jail, like a prisoner of the pirates being made to walk the plank.
Cicero watched much of this from his garden, huddled in a cloak against the January chill. He felt very wretched and tried to keep out of it. Besides, he soon had more pressing problems of his own.
One morning in the midst of these tumultuous events, I opened the door to find Antonius Hybrida waiting outside in the street. It was more than three years since I had last set eyes on him, and at first I did not recognise him. He had grown very stout on the meats and vines of Macedonia, and even more florid, as if he had been coated in an extra layer of mottled red fat. When I took him into the library, Cicero jumped as if he had seen a ghost, which in a sense he had, for this was his past come back to haunt him – and with a vengeance. At the start of his consulship, when the two men had concluded their deal, Cicero had given a written undertaking to Hybrida that if he was ever prosecuted, he would appear as his advocate: now his former colleague had come to collect on that promise. He had brought a slave with him who carried the indictment, and Hybrida passed it across to Cicero with a hand that trembled so violently, I thought he was having a seizure. Cicero took it over to the light to study it.
'When was this served?'
'Today.'
'You realise what this is, don't you?'
'No. That's why I've brought the wretched thing straight round to you. I never could get the hang of all this legal talk.'
'This is a writ for treason.' Cicero scanned the document with an expression of increasing puzzlement. 'Odd. I would have thought they would have come after you for corruption.'
'I say, Cicero, there's no chance of some wine, is there?'
'Just a moment. Let's try to keep our heads clear for business for a little while longer. It says here that you lost an army in Histria.'
'Only the infantry.'
'Only the infantry!' Cicero laughed. 'When was that?'
'A year ago.'
'Who is the prosecutor? Has he been appointed yet?'
'Yes, he was sworn in yesterday. He's that protégé of yours – young Caelius Rufus.'
The news came as a complete shock. That Rufus had become completely estranged from his former mentor was no secret. But that he should choose as his first significant foray into public life the prosecution of Cicero's consular colleague – that was an act of real treachery. Cicero actually sat down, he was so taken aback. He said, 'I thought it was Pompey who was most determined to have you put on trial?'
'He is.'
'Then why is he letting Rufus cut his teeth on such an important case?'
'I don't know. What about that wine now?'
'Forget the damned wine for a minute.' Cicero rolled up the writ and sat tapping it against the palm of his hand. 'I don't like the sound of this. Rufus knows a lot about me. He could bring up all kinds of things.' He threw it back into Hybrida's lap. 'I think you should get someone else to defend you.'
'But I want you! You're the best. We had an agreement, remember? I would give you a share of the money and you would shield me from prosecution.'
'I agreed to defend you if ever you were charged with corruption. I never said anything about treason.'
'That's not true. You're breaking your word.'
'Look, Hybrida, I'll appear as a witness in your support, but this could be an ambush – laid by Caesar, probably, or Crassus – and I'd be a fool to walk straight into it.'
Hybrida's eyes, though now buried deep in his flesh, were still very blue, like sapphires pressed into a lump of red clay. 'People tell me you've come up in the world,' he said. 'Houses everywhere.'
Cicero made a weary gesture. 'Don't try to threaten me.'
'All this,' said Hybrida, pointing around the library. 'Very nice. Do people know how you got the money to pay for it?'
'I warn you: I could as readily appear as a witness for the prosecution as for the defence.'
But the threat sounded hollow, and Cicero must have known it, for he suddenly wiped his hand across his face, as if trying to expunge some disturbing vision.
'I think you should join me in that cup of wine,' said Hybrida, with deep satisfaction. 'Things always look better after a little drink.'
On the evening before the vote on Caesar's land bill, we could hear loud noises rising from the forum – hammering and sawing, drunken singing, cheers, cries, the breaking of pots. At dawn, a shroud of brown smoke hung over the area beyond the Temple of Castor where the voting was to take place.
Cicero dressed carefully and went down to the forum, accompanied by two guards, two members of his household staff – myself and another secretary – and half a dozen clients who wished to be seen with him. All the streets and alleys leading to the voting ground were crammed with citizens. Many, when they recognised Cicero, stood out of the way to let him through. But at least an equal number deliberately blocked his path and had to be pushed out of the way by his guards. It was a struggle for us to make progress, and by the time we found a spot with a view of the temple steps, Caesar was already speaking. It was impossible to hear more than a few words. A great press of bodies, thousands of them, stretched between us and him. The majority looked to be old soldiers who had been there all night, and who had lit fires to cook and keep themselves warm. 'These men are not attending this assembly,' Cicero observed, 'they are occupying it.'
After some time we became aware of scuffling in the direction of the Via Sacra, on the opposite side of the crowd to where we were standing, and
the word quickly went round that Bibulus had arrived with the three tribunes who were intending to veto the bill. It was a tremendously brave action on their part. All around us men began pulling out from beneath their clothing knives and even swords. Bibulus and his supporters were clearly having difficulty reaching the temple steps. We could not see them; we could follow their progress only by the origin of the shouts and the line of flailing fists. The tribunes were felled early on and carried away, but somehow Bibulus – and behind him, Cato, who had been released from prison – did at last manage to reach his objective.
Shaking off the hands that were trying to restrain him, he climbed up on to the platform. His toga had been torn away, leaving his shoulder bare, and blood was running down his face. Caesar glanced at him briefly, and carried on speaking. The fury of the crowd was deafening. Bibulus pointed to the heavens and made a cutting gesture across his throat. He repeated this several times until his meaning was obvious – as consul, he had observed the heavens and was declaring that the auguries were un favourable and no public business could be transacted. Still Caesar ignored him. And then two stout fellows climbed on to the platform carrying a big half-barrel, of the sort used to collect rainwater. They hoisted it above Bibulus's head and tipped it over him. I guess the crowd must have been shitting into it all night, for it was brimful of noxious brown liquid, and Bibulus was completely drenched. He tried to back away, skidded, his legs shot out from under him and he fell heavily on his backside. For a moment he was too winded to move. But then he saw that another barrel was being carried up on to the platform, and he scrambled away – I did not blame him – to the derisive laughter of thousands of citizens. He and his followers escaped from the forum and eventually found sanctuary in the Temple of Jupiter the Protector – the same building from which Cicero by his oratory had driven Sergius Catilina.
Thus, in the most contemptible of circumstances, was carried on to the statute book Caesar's great land reform act, which awarded farms to twenty thousand of Pompey's veterans and afterwards to those among the urban poor who could show they had more than three children. Cicero did not stay for the voting, which was a foregone conclusion, but slunk back to his house, where – such was his depression – he shunned all company, even Terentia's.
The following day, Pompey's soldiers were back on the streets again. They had spent the night celebrating and now they had shifted their attention to the senate house, crowding into the forum, waiting to see if the senate would dare to challenge the legality of what had happened. They left a narrow gangway through their ranks, wide enough for three or four men to walk abreast, and I found it intimidating to pass among them beside Cicero, even though the greetings they called out were friendly enough: 'Come on, Cicero!' 'Cicero – don't forget us!' Inside, I had never seen a more dejected assembly. It was the first day of the new month, and Bibulus, who had a bandage around his forehead, was in the chair. He rose at once and demanded that the house condemn the disgraceful violence of the previous day. He further insisted that the law be declared invalid because the auguries had been unfavourable. But nobody was willing to take such a step – not with several hundred armed men outside. Confronted by their silence, Bibulus lost his temper.
'The government of this republic has become a travesty,' he shouted, 'and I shall take no further part in it! You have shown yourselves unworthy of the name of the Roman senate. I shall not summon you to meet on any day when I am consul. Stay in your homes, gentlemen, as I shall do, and look into your souls, and ask yourselves if you have played your parts with honour.'
Many of his listeners bowed their heads in shame. But Caesar, who was sitting between Pompey and Crassus, and who had been listening to this with a faint smile, immediately rose and said, 'Before Marcus Bibulus and his soul depart the chamber and this house is adjourned for a month, I would remind you gentlemen that this law obliges us all to swear an oath to uphold it. I therefore propose that we should go together now, as a body, to the Area Capitolina and take that oath, so that we may show publicly our unity with the people.'
Cato jumped up. He had his arm in a sling. 'This is an outrage!' he protested, no doubt stung to find the moral high ground temporarily taken from him by Bibulus. 'I shan't sign your illegal law!'
'And nor shall I,' echoed Celer, who had delayed setting out for Further Gaul in order to oppose Caesar. Several others called out the same – among them I noticed young Marcus Favonius, who was an acolyte of Cato's, and the ex-consul Lucius Gellius, who was well into his seventies.
'Then on your own heads be it,' said Caesar with a shrug. 'But remember: the penalty for refusing to comply with the law may be death.'
I had not expected Cicero to speak, but very slowly he got to his feet, and it was a tribute to his authority that the whole chamber was immediately stilled. 'I do not mind this man's law,' he said, staring directly at Caesar, 'although I deplore and condemn absolutely the methods by which he has forced it upon us. Nevertheless,' he continued, turning to the rest of the chamber, 'the law it is, and the people want it, and it requires us to take this oath. Therefore I say to Cato and to Celer, and to any other of my friends who contemplate making dead heroes of themselves: the people will not understand your action, for you cannot oppose illegality by illegality and hope to command respect. Hard times lie ahead, gentlemen, and although you may not feel you need Rome any more, Rome has need of you. Preserve yourselves for the battles yet to come rather than sacrificing yourselves uselessly in one that is already lost.'
It was a most effective speech, and when the senators filed out of the chamber, almost all of them followed the Father of the Nation towards the Capitol, where the oath was to be sworn. Once Pompey's soldiers saw what the senate intended to do, they cheered them loudly (Bibulus, Cato and Celer went up later, when no one was looking). The sacred stone of Jupiter, which had fallen from the heavens many centuries earlier, was fetched out from the great temple, and the senators lined up to place their hands on it and promise to obey the law. But Caesar, even though they were all doing what he wanted, was clearly troubled. I saw him go up to Cicero and take him to one side and speak to him with great seriousness. Afterwards I asked Cicero what he had said. 'He thanked me for my leadership in the senate,' Cicero replied, 'but said he did not care for the tone of my remarks, and hoped that I did not plan to cause him and Pompey and Crassus any trouble, for if I did he would be obliged to retaliate, and that would pain him. He had given me my chance, he said, to join his administration and I had rejected it, and now I must bear the consequences. How do you like that for a piece of effrontery?' He swore roundly, which was unusual for him, and added, 'Catulus was right: I should have beheaded that snake when I had the chance.'
XVII
Despite his resentment, Cicero kept out of public life for the whole of the next month – an easy matter, as it turned out, as the senate did not meet. Bibulus locked himself away in his house and refused to move, whereupon Caesar declared that he would govern through assemblies of the people, which Vatinius, as tribune, would summon on his behalf. Bibulus retaliated by letting it be known that he was perpetually on his roof, studying the auguries, and that they were consistently unfavourable – thus no official business could legally be transacted. Caesar responded by organising noisy demonstrations in the street outside Bibulus's home, and by continuing to pass his laws via the public assemblies regardless of what his colleague said. (Cicero wittily remarked that Rome seemed to be living under the joint consulship of Julius and Caesar.) It sounded legitimate when one put it that way – governing through the people: what could be fairer? – but really 'the people' were the mob, controlled by Vatinius, and any who opposed what Caesar wanted were quickly silenced. Rome had become a dictatorship in all but name, and most respectable senators were appalled. But with Pompey and Crassus supporting Caesar, few dared speak out against him.
Cicero would have preferred to stay in his library and continue to avoid trouble. But in the midst of all this turmoil, towards the
end of March, he was obliged to go down to the treason tribunal in the forum to defend Hybrida. To his huge embarrassment, the hearing was scheduled to be held in the comitium itself, just outside the senate house. The curved steps of the rostra, rising like the seats of an amphitheatre, had been cordoned off to form the court, and a large crowd was already clustered around it, eager to see what possible defence the famous orator could come up with for a client who was so manifestly guilty. 'Well, Tiro,' Cicero said to me under his breath as I opened the document case and handed him his notes, 'here is the proof that the gods have a sense of humour – that I should have to appear in this place, as the advocate for this rogue!' He turned and smiled at Hybrida, who was himself at that moment climbing laboriously up on to the platform. 'Good morning to you, Hybrida. I trust you have avoided the wine at breakfast, as you promised? We shall need to keep clear wits about us today.'
'Of course,' replied Hybrida. But it was obvious from the way he stumbled on the steps, as well as from his slurred speech, that he had not been as abstemious as he claimed.
Apart from me and his usual team of clerks, Cicero had also brought along his son-in-law, Frugi, to act as his junior. Rufus, in contrast, appeared alone, and the moment I saw him striding across the comitium towards us, with only one secretary in attendance, I felt what little confidence I had evaporate. Rufus was not yet twenty-three and had just completed a year in Africa on the staff of the governor. A youth had gone out, a man had returned, and I reckoned the contrast between this tall and sunburnt prosecutor and the fleshy, ruined Hybrida was worth a dozen jury votes even before the trial had started. Nor did Cicero come well out of the comparison. He was twice the age of Rufus, and when he went over to his opponent to shake his hand and wish him good luck, he appeared stooped and care-worn. It was like a tableau on the wall of the baths: Juventus versus Senex, with sixty jurymen arrayed in tiers behind them, and the praetor, the haughty Cornelius Lentulus Clodianus, seated between them in the judge's chair.