between them. A trumpet sounded, and across the river the red flag was hoisted over the hill of Janiculum to signal that the city was in no peril of assault and the assembly could begin.
As the presiding magistrate, Labienus both controlled proceedings and acted as prosecutor, and this gave him a tremendous advantage. A bully by nature, he elected to speak first, and was soon shouting abuse at Rabirius, who sank lower and lower in his seat. Labienus did not bother to summon witnesses. He did not need to: he had the votes already. He finished with a stern peroration about the arrogance of the senate and the greed of the small clique that controlled it, and the necessity to make a harsh example of Rabirius, so that never in the future would any consul dare to imagine he could sanction the murder of a fellow citizen and hope to escape unpunished. The crowd roared in agreement. 'I realised then,' Cicero confided in me afterwards, 'with the force of a revelation, that the true target of this lynch mob of Caesar's was not Rabirius at all, but me, as consul, and that somehow I had to regain control of the situation before my authority to deal with the likes of Catilina was destroyed entirely.'
Hortensius went next, and did his best, but those great orotund purple passages for which he was so famous belonged to another setting – and, in truth, another era. He was past fifty, had more or less retired, was out of practice – and it showed. Some in the audience near the platform actually began to talk over him, and I was close enough to see the panic in his face as Hortensius gradually realised that he – the great Hortensius, the Dancing Master, the King of the Law Courts – was actually losing his audience! The more frantically he flung out his arms and patrolled the platform and swivelled his noble head, the more risible he seemed. Nobody was interested in his arguments. I could not hear all of what he said, as the din was tremendous, with thousands of citizens milling around and chatting to one another while they waited to vote. He broke off, sweating despite the cold, and wiped his face with his handkerchief, then called his witnesses, first Catulus and next Isauricus. Each came up to the platform and was heard respectfully. But the moment Hortensius resumed his speech, the racket of conversation started up again. By then he could have combined the tongue of Demosthenes with the wit of Plautus – it would not have made a difference. Cicero stared straight ahead into the din, white-faced, immobile, as if chiselled out of marble.
At length Hortensius sat down and it was Cicero's turn to speak. Labienus called on him to address the assembly, but such was the volume of noise he did not rise at first. Instead he examined his toga carefully, and brushed away a few invisible specks. The hubbub continued. He checked his fingernails. He folded his arms. He looked around him. He waited. It went on a long time. And amazingly a kind of sullen, respectful silence did eventually fall over the Field of Mars. Only then did Cicero nod, as if in approval, and slowly get to his feet.
'Although it is not my habit, fellow citizens,' he said, 'to begin a speech by explaining why I am appearing on behalf of a particular individual, nonetheless in defending the life, the honour and the fortunes of Gaius Rabirius, I consider it my duty to lay before you an explanation. For this trial is not really about Rabirius – old, infirm and friendless as he is. This trial, gentlemen, is nothing less than an attempt to ensure that from now on there should be no central authority in the state, no concerted action of good citizens against the frenzy and audacity of wicked men, no refuge for the republic in emergencies, and no security for its welfare. Since this is so,' he continued, his voice becoming louder, his hands and his gaze rising slowly to the heavens, 'I beg of most high and mighty Jupiter and all the other immortal gods and goddesses to grant me their grace and favour, and I pray that by their will this day that has dawned may see the salvation of my client and the rescue of the constitution!'
Cicero used to say that the bigger a crowd the more stupid it is, and that a useful trick with an immense multitude is always to call on the supernatural. His words carried like a rolling drum across the hushed plain. There was still some chatter at the periphery, but it was too far away to drown him out.
'Labienus, you summon this assembly as a great populist. But of the two of us, which is really the people's friend? You, who think it right to threaten Roman citizens with the executioner even in the midst of their assembly; who, on the Field of Mars, give orders for the erection of a cross for the punishment of citizens? Or I, who refuse to allow this assembly to be defiled by the presence of the executioner? What a friend of the people our tribune is, what a guardian and defender of its rights and liberties!'
Labienus waved his hand at Cicero, as if he were a horsefly to be swiped away, but there was petulance in the gesture: like all bullies, he was better at handing out injuries than absorbing them.
'You maintain,' continued Cicero, 'that Gaius Rabirius killed Lucius Saturninus, a charge that Quintus Hortensius, in the course of his most ample defence, has proved to be false. But if it were up to me, I would brave this charge. In fact I would admit it. I would plead guilty to it!' A rumble of anger began to spread among the crowd, but Cicero shouted over their jeers. 'Yes, yes, I would admit it! I only wish I could proclaim that my client's was the hand that struck down that public enemy Saturninus!' He pointed dramatically at the bust, and it was some while before he could carry on, such was the volume of the hostility directed at him. 'You say your uncle was there, Labienus. Well, suppose he was. And suppose he was there not because his ruined fortunes left him no choice, but because his intimacy with Saturninus led him to put his friend before his country. Was that a reason for Gaius Rabirius to desert the republic and disobey the command and authority of the consul? What should I do, gentlemen, if Labienus, like Saturninus, caused a massacre of the citizens, broke from prison, and seized the Capitol with an armed force? I tell you what I should do. I should do as the consul did then. I should bring a motion before the senate, exhort you to defend the republic, and take arms myself to oppose, with your help, an armed enemy. And what would Labienus do? He would have me crucified! '
Yes, it was a brave performance, and I hope I have given here some flavour of the scene: the orators on the platform with their querulous client, the lictors lined up around the base to protect the consul, the teeming citizenry of Rome – plebs and knights and senators all pressed together – the legionaries in their plumed helmets and the generals in their scarlet cloaks, the sheep pens set out and made ready for the vote; the noise of it, the temples gleaming on the distant Capitol, and the bitter January cold. I kept a lookout for Caesar, and occasionally I thought I glimpsed his lean face peering from the crowd. Catilina was certainly there with his claque, including Rufus, who was yelling his share of insults at his former patron. Cicero finished, as he always did, by standing with his hand on the shoulder of his client and appealing for the mercy of the court – 'He does not ask you to grant him a happy life but only an honourable death' – and then it was all over and Labienus gave orders for the voting to begin.
Cicero commiserated with the dejected Hortensius, then jumped down from the platform and came over to where I was standing. He was still full of fire, as always after a big speech, breathing deeply, his eyes shining, his nostrils flared, like a horse at the end of a gruelling race. It had been a stirring performance. I remember one phrase in particular: 'Narrow indeed are the bounds within which Nature has confined our lives, but those of our glory are infinite.' Unfortunately, fine words are no substitute for votes, and when Quintus joined us he announced grimly that all was lost. He had just come from observing the first ballots cast – the centuries were voting unanimously to condemn Rabirius, which meant that the old man would be obliged to leave Italy immediately, his house would be pulled down, and all his property confiscated.
'This is a tragedy,' swore Cicero.
'You did your best, brother. At least he is an old man and has lived his life.'
'I'm not thinking of Rabirius, you idiot, but of my consulship!'
Just as he was speaking, we heard a shout and a scream. A scuffle had started nearby, and when we turned we could clearly see the tall figure of Catilina in the thick of it, laying about him with his fists. Some of the legionaries ran to separate the combatants. Beyond them, Metellus and Lucullus had risen to their feet to watch. The augur, Celer, who was standing beside his cousin Metellus, had his hands cupped to his mouth and was urging the soldiers on. 'Just look at Celer there,' said Cicero, with a hint of admiration, 'simply itching to join in. He loves a fight!' He became thoughtful and then said suddenly, 'I'm going to talk to him.'
He set off so abruptly that his lictors had to scramble to get ahead of him to clear a path. When the two generals saw the consul approaching, they glowered at him. Both had been stuck outside the city for a long while waiting for the senate to vote them their triumphs – years, in the case of Lucullus, who had whiled away his time building a vast retreat at Misenum on the Bay of Naples as well as his mansion north of Rome. But the senate was reluctant to accede to their demands, chiefly because both had quarrelled with Pompey. So they were trapped. Only holders of imperium could have a triumph; but entering Rome to argue for a triumph would automatically end their imperium. One could sympathise with their frustration.
'Imperator,' said Cicero, raising his hand in salute to each man in turn. 'Imperator.'
'We have matters we need to discuss with you,' began Metellus in a menacing tone.
'I know exactly what you are about to say, and I assure you I shall keep my promise and argue your case in the senate to the full extent of my powers. But that's for another day. Do you see how hard pressed I am at the moment? I need some assistance, not for my sake but for the nation's. Celer, will you help me save the
