Lustrum

'The fault was mine,' responded Rufus. 'I won't pretend I agree with your policies. But my love and respect for you is unshaken, and I won't allow myself to think ill of you again.'

'Good lad.' Cicero pinched his cheek. 'Did you hear that, Tiro? He loves me! So you wouldn't want to kill me?'

'Kill you? Of course not! Whatever made you think I would?'

'Others who share your views have talked of killing me – Catilina to name but one,' and he described to Rufus the killing of Hybrida's slave and the terrible oath Catilina had made his confederates swear.

'Are you certain?' asked Rufus. 'I've never heard him mention such a thing.'

'Well, he has undoubtedly spoken of his desire to murder me – Hybrida assures me of it – and if ever he does again, I'd like to think you'd give me warning.'

'Oh, I see,' said Rufus, looking at Cicero's hand on his shoulder. 'That's why you've brought me up here – to ask me to be your spy.'

'Not a spy, a loyal citizen. Or has our republic sunk to such a level that killing a consul comes second to friendship?'

'I'd neither kill a consul nor betray a friend,' replied Rufus, detaching himself from Cicero's embrace, 'which is why I'm glad that the shadow over our friendship has been lifted.'

'An excellent lawyer's answer. I taught you better than I realised.'

After he had gone, Cicero said thoughtfully, 'That young man is on his way to repeat every word I've just said to Catilina' – an observation that may well have been true, for certainly from that day onwards Rufus kept clear of Cicero but was often to be seen in Catilina's company. It was an ill-assorted gang he had joined: high-spirited young bloods like Cornelius Cethegus, out for a fight; ageing and dissolute noblemen like Marcus Laeca and Autronius Paetus, whose public careers had been frustrated by their private vices; mutinous ex-soldiers led by rabble-rousers like Caius Manlius, who had been a centurion under Sulla. What bound them together was loyalty to Catilina – who could be quite charming when he was not trying to kill you – and a desire to see the existing state of affairs in Rome smashed to pieces. Twice when Cicero had to address public assemblies, as part of his opposition to Rullus's bill, they set up a constant racket of jeers and whistles, and I was glad that Atticus had made arrangements to protect him, especially as the Rabirius affair was now catching fire.

Rullus's bill, Rabirius's prosecution, Catilina's death threat – you must remember that Cicero was having to contend with all these three at once, as well as coping with the general business of running the senate. Historians in my opinion often overlook this aspect of politics. Problems do not queue up outside a statesman's door, waiting to be solved in an orderly fashion, chapter by chapter, as the books would have us believe; instead they crowd in en masse, demanding attention. Hortensius, for example, arrived to discuss tactics for the defence of Rabirius only a few hours after Cicero had been howled down at the public assembly on Rullus's bill. And there was a further consequence of this overwork. Because Cicero was so preoccupied, Hortensius, who had little else to do, had effectively taken control of the case. Settling himself in Cicero's study and looking very pleased with himself, he announced that the matter was solved.

'Solved?' repeated Cicero. 'How?'

Hortensius smiled. He had employed a team of scribes, he said, to gather evidence, and they had turned up the intriguing fact that a ruffian named Scaeva, the slave of a senator, Q. Croton, had been given his freedom immediately after Saturninus's murder. The scribes had enquired further in the state archives. According to Scaeva's papers of manumission, he was the one who had 'struck the fatal blow' that killed Saturninus, and for this 'patriotic act' had been rewarded with his liberty by the senate. Both Scaeva and Croton were long since dead, but Catulus, once his memory had been jogged, claimed to remember the incident well enough, and had sworn an affidavit that after Saturninus had been stoned unconscious, he had seen Scaeva climb down to the floor of the senate house and finish him off with a knife.

'And that,' said Hortensius in conclusion, passing Catulus's affidavit to Cicero, 'I think you will agree, destroys Labienus's case against our client, and with a bit of luck will bring this wretched business to a swift conclusion.' He sat back in his chair and looked about him with an air of great satisfaction. 'Don't tell me you disagree?' he added, noticing Cicero's frown.

'In principle of course you are right. But I wonder in practice whether this will help us much.'

'Of course it will! Labienus has no case left. Even Caesar will have to concede that. Really, Cicero,' he said with a smile and the tiniest wag of a manicured finger, 'I could almost believe you're jealous.'

Cicero remained unconvinced. 'Well, we shall see,' he remarked to me after this conference. 'But I fear Hortensius has no idea of the forces ranged against us. He still imagines Caesar to be just another ambitious young senator on the make. He has not yet glimpsed his depths.'

Sure enough, on the very day Hortensius submitted his evidence to Caesar's special court, Caesar and his fellow judge – his elder cousin – without even hearing any witnesses, pronounced Rabirius guilty, and sentenced him to death by crucifixion. The news spread through Rome's cramped streets like a firestorm, and it was a very different Hortensius who appeared in Cicero's study the following morning.

'The man is a monster! A complete and utter swine!'

'And how has our unfortunate client reacted?'

'He doesn't yet know what's happened. It seemed kinder not to tell him.'

'So now what do we do?'

'We have no alternative. We appeal.'

Hortensius duly lodged an immediate appeal with the urban praetor, Lentulus Sura, who in turn referred the question to an assembly of the people, summoned for the following week on the Field of Mars. This was ideal terrain from the prosecution's point of view: not a court with a respectable jury, but a great swirling multitude of citizens. To enable them all to vote on Rabirius's fate, the entire proceedings would have to be crammed into one short winter's day. And as if that wasn't enough, Labienus was also able to use his powers as tribune to stipulate that no defence speech should last for longer than half an hour. On hearing of this restriction, Cicero observed, 'Hortensius needs half an hour merely to clear his throat!' and as the date of the hearing drew closer, he and his fellow counsel bickered more frequently. Hortensius saw the matter in purely legal terms. The main thrust of his speech, he declared, would be to establish that the real killer of Saturninus was Scaeva. Cicero disagreed, seeing the trial as wholly political. 'This isn't a court,' he reminded Hortensius. 'This is the mob. Do you seriously imagine, in all the noise and excitement, with thousands of people milling about, that anybody is going to care a fig that the actual fatal blow was struck by some wretched slave who's been dead for years?'

'What line would you take, then?'

'I think we must concede at the outset that Rabirius was the killer, and claim that the action was legally sanctioned.'

Hortensius threw up his hands. 'Really, Cicero, I know you've a reputation as a tricky fellow and all that, but now you're simply being perverse.'

'And I'm afraid you spend too much time on the Bay of Naples talking to your fish. You no longer know this city as I do.'

Since they were unable to reach an agreement, it was decided that Hortensius would speak first and Cicero last, and each would argue as he pleased. I was glad that Rabirius was too feeble-minded to grasp what was going on, because otherwise he would have been in despair, especially as Rome was anticipating his trial as if it were a circus. The cross on the Field of Mars had become a regular meeting place and was festooned with placards demanding justice, land and bread. Labienus also got hold of a bust of Saturninus and set it up on the rostra, garlanded with laurel. It did not help that Rabirius had a reputation as a vicious old skinflint; even his adopted son was a moneylender. Cicero was in no doubt that the verdict would go against him, and decided at least to try to save his life. He therefore laid an emergency resolution before the senate reducing the penalty for perduellio from crucifixion to exile. Thanks to Hybrida's support, this was narrowly passed, despite angry opposition from Caesar and the tribunes. Metellus Celer went out of the city late that night with a party of slaves and tore down the cross, smashed it up and burned it.