The following evening, Cicero went off to dine with Pompey and came home rubbing his hands with pleasure. ‘Well, if I’m not mistaken, that’s the beginning of the end of our so-called triumvirate, at least as far as Pompey’s concerned. He swears Crassus is behind a plot to murder him, says he’ll never trust him again, threatens that if necessary Caesar will have to return to Rome to answer for his mischief in creating Clodius in the first place and destroying the constitution. I’ve never seen him in such a rage. As for me, he couldn’t have been friendlier, and assures me that whatever I do, I can rely on his support.
‘But better even than that – when he was deep in his cups, he finally told me why Rufus has switched allegiance. I was right: there’s been the most tremendous falling-out between him and Clodia – so much so that she’s claiming he tried to poison her! Naturally, Clodius has taken his sister’s side, thrown Rufus out of his house and called in his debts. So Rufus has had to turn to Pompey in the hope of some Egyptian gold to pay off what he owes. Isn’t it all marvellous?’
I agreed it was all marvellous, though I couldn’t see why it warranted quite such ecstasies of joy.
Cicero said, ‘Bring me the praetors’ lists, quick!’
I went and fetched the schedule of court cases that were due to be heard over the next seven days. Cicero told me to look up when Rufus was next due to appear. I ran my finger down the various courts and cases until I found his name. He was scheduled to begin a prosecution in the constitutional court for bribery in five days’ time.
Cicero said, ‘Who is he prosecuting?’
‘Bestia.’
‘Bestia! That villain!’
Cicero lay back on the couch in his familiar posture when cooking up a scheme, with his hands clasped behind his head, staring at the ceiling. L. Calpurnius Bestia was an old enemy of his, one of Catilina’s tame tribunes, lucky not to have been executed for treason with his five fellow conspirators. Yet here he was, apparently still active in public life, being prosecuted for buying votes during the recent praetorian elections. I wondered what possible interest Bestia could hold for Cicero, and after a long period during which he said nothing, I ventured to ask him.
His voice seemed to come from a long way away, as if I had interrupted him in a dream. ‘I was just thinking,’ he said slowly, ‘that I might offer to defend him.’
V
The next morning, Cicero went to call on Bestia, taking me with him. The old rogue had a house on the Palatine. His expression when Cicero was shown in was comical in its astonishment. He had with him his son Atratinus, a clever lad who had only just donned the toga of manhood and was eager to begin his career. When Cicero announced that he wished to discuss his impending prosecution, Bestia naturally assumed he was about to receive another writ and grew quite menacing. It was only thanks to the intervention of the boy, who was in awe of Cicero, that he was persuaded to sit down and listen to what his distinguished visitor had to say.
Cicero said, ‘I have come here to offer my services in your defence.’
Bestia gaped at him. ‘And why in the name of the gods would you do that?’
‘I have undertaken later in the month to appear on behalf of Publius Sestius. Is it true that you saved his life during the fighting in the Forum when I was in exile?’
‘I did.’
‘Well then, Bestia, chance for once throws us on the same side. If I appear for you, I can describe the incident at great length and that will help me lay the ground for Sestius’s defence, which will be heard by the same court. Who are your other advocates?’
‘Herennius Balbus to open, and then my son here to follow.’
‘Good. Then with your agreement I’ll speak third and do the winding-up – my usual preference. I’ll put on a good show, don’t worry. We should have the whole thing wrapped up in a day or two.’
Bestia by this time had moved from an attitude of deep suspicion to one of hardly being able to believe his luck that the greatest advocate in Rome was willing to speak on his behalf. And when Cicero strolled into court a couple of days later, his appearance provoked gasps of surprise. Rufus in particular was stunned. The very fact that Cicero, of all people – whom Bestia had once plotted to murder – should now appear as his supporter more or less guaranteed his acquittal. And so it proved. Cicero made an eloquent speech, the jury voted, and Bestia was found not guilty.
As the court was rising, Rufus came over to Cicero. For once his normal charm was gone. He had been counting on an easy victory; instead his career had been checked. He said bitterly, ‘Well I hope you’re satisfied, although such a triumph brings you nothing but dishonour.’
‘My dear Rufus,’ replied Cicero, ‘have you learnt nothing? There is no more honour in a legal dispute than there is in a wrestling match.’
‘What I’ve learnt, Cicero, is that you still bear me a grudge and will stop at nothing to gain revenge on your enemies.’
‘Oh my dear, poor boy, I don’t regard you as my enemy. You’re not important enough. I have bigger fish to catch.’
That really infuriated Rufus. He said, ‘Well, you can tell your client that as he insists on continuing as a candidate, I shall bring a second charge against him tomorrow – and the next time you rise in his defence, if you dare, I give you fair warning: I shall be waiting for you!’
He was as good as his word: very soon afterwards, Bestia and his son brought the new writ round to show Cicero. Bestia said hopefully, ‘You’ll defend me again, I hope?’
‘Oh no, that would be very foolish. One can’t spring the same surprise twice. No, I’m afraid I can’t be your advocate again.’
‘So what’s to be done?’
‘Well, I can tell you what I’d do in your place.’
‘And what’s that?’
‘I’d lay a counter-suit against him.’
‘For what?’
‘Political violence. That takes precedence over bribery cases. Therefore you’ll have the advantage of putting him on trial first, before he can get you into court.’
Bestia conferred with his son. ‘We like the sound of it,’ he announced. ‘But can we really make a case against him? Has he actually committed political violence?’
‘Of course,’ said Cicero. ‘Didn’t you hear? He was involved in the murder of several of those Egyptian envoys. Ask around town,’ he continued. ‘You’ll find lots of people willing to tell tales. There’s one man in particular you should go to see, although of course you never heard the name from me: you’ll understand why the moment I say it. You should talk to Clodius, or better still to that sister of his. I hear Rufus used to be her lover, and when his ardour cooled, he tried to get rid of her with poison. You know what that family is like – they love their vengeance. You should offer to let them join your suit. With the Claudii beside you, you’ll be unbeatable. But remember – you never got any of this from me.’
I had worked very closely with Cicero for many years. I had grown used to his clever tricks. I did not think him capable of surprising me any more. That day proved me wrong.
Bestia thanked him profusely, swore to be discreet and went off full of purpose. A few days later, a notice to prosecute was posted in the Forum: he and Clodius had combined forces to charge Rufus with both the attacks on the Alexandrian envoys and the attempted murder of Clodia. The news caused a sensation. Almost everyone believed that Rufus would be found guilty and sentenced to exile for life, and that the career of Rome’s youngest senator was over.
When I showed him the list of charges, Cicero said, ‘Oh dear. Poor Rufus. He must be feeling very wretched. I think we should visit him and cheer him up.’
And so we set off to find the house that Rufus was renting. Cicero, who at the age of fifty was starting to feel stiff in his limbs on cold winter mornings, rode in a litter, while I walked alongside him. Rufus turned out to be lodging on the second floor of an apartment block in the less fashionable part of the Esquiline, not far from the gate where the undertakers ply their trade. The place was gloomy even at midday, and Cicero had to ask the slaves to light candles. In the dim light we discovered their master in a drunken sleep, curled up beneath a pile of blankets on a couch. He groaned and rolled over and begged to be left alone, but Cicero dragged away his covers and told him to get up on his feet.