Imperium - Харрис Роберт - Страница 43

The root of the problem was that Pompey was bored. At the end of his consulship, as promised, he had retired into private life with his wife, young son, and baby daughter. But then what? Lacking any talent for oratory, he had nothing to occupy him in the law courts. Literary composition held no interest for him. He could only watch in a stew of jealousy as Lucullus continued his conquest of Mithradates. Not yet forty, his future, as the saying went, seemed all behind him. He would make occasional forays down from his mansion and into the Senate, not to speak but to listen to the debates-processions for which he insisted on an immense escort of friends and clients. Cicero, who felt obliged to walk at least part of the way with him, observed that it was like watching an elephant trying to make itself at home in an anthill.

But still, he was the greatest man in the world, with a huge following among the voters, and not to be crossed, especially with an election less than a year away. Only that summer he had secured a tribuneship for his crony Gabinius: he still kept a hand in politics. So on the thirtieth day of September, Cicero went off as usual to the birthday party, returning later in the evening to regale Quintus, Lucius, and myself with an account of events. Like a child, Pompey delighted in receiving presents, and Cicero had taken him a manuscript letter in the hand of Zeno, the founder of Stoicism, a letter two centuries old and extremely valuable, which had been acquired for him in Athens by Atticus. He would dearly have loved to have kept it for his own library in Tusculum, but he hoped that by giving it to Pompey he could begin to tempt the general into an interest in philosophy. Instead, Pompey had barely glanced at it before setting it aside in favor of a gift from Gabinius: a silver rhino horn containing some Egyptian aphrodisiac made of baboon excrement. “How I wish I could have retrieved that letter!” groaned Cicero, flopping down onto a couch, the back of his hand resting on his forehead. “Even now it’s probably being used by some kitchen-maid to light the fire.”

“Who else was there?” asked Quintus eagerly. He had only been back in Rome for a few days, following his term as quaestor in Umbria, and was avid for the latest news.

“Oh, the usual cohort. Our fine new tribune-elect, Gabinius, obviously, and his father-in-law, the art connoisseur, Palicanus; Rome ’s greatest dancer, Afranius; that Spanish creature of Pompey’s, Balbus; Varro, the household polymath. Oh, and Marcus Fonteius,” he added lightly, but not so lightly that Lucius did not immediately detect the significance.

“And what did you talk about with Fonteius?” inquired Lucius, in the same clumsy attempt at an offhand manner.

“This and that.”

“His prosecution?”

“Naturally.”

“And who is defending the rascal?”

Cicero paused, and then said quietly, “I am.”

I should explain, for those not familiar with the case, that this Fonteius had been governor of Further Gaul about five years earlier, and that one winter, when Pompey was particularly hard-pressed fighting the rebels in Spain, Fonteius had sent the beleagured general sufficient supplies and fresh recruits to enable him to survive until the spring. That had been the start of their friendship. Fonteius had gone on to make himself extremely rich, in the Verres manner, by extorting various illegal taxes out of the native population. The Gauls had at first put up with it, telling themselves that robbery and exploitation have ever been the handmaids of civilization. But after Cicero ’s triumphant prosecution of the governor of Sicily, the chief of the Gauls, Induciomarus, had come to Rome to ask the senator to represent them in the extortion court. Lucius had been all for it; in fact it was he who had brought Induciomarus to the house: a wild-looking creature, dressed in his barbarian outfit of jacket and trousers-he gave me quite a shock when I opened the door to him one morning. Cicero, however, had politely declined. A year had passed, but now the Gauls had finally found a credible legal team in Plaetorius, who was a praetor-elect, and Marcus Fabius as his junior. The case would soon be in court.

“That is outrageous,” said Lucius hotly. “You cannot defend him. He is as guilty as Verres was.”

“Nonsense. He has neither killed anyone, nor falsely imprisoned anyone, either. The worst that can be said is that he once imposed excessive duties on the wine traders of Narbonne and made some locals pay more than others to repair the roads. Besides,” added Cicero quickly, before Lucius could challenge this somewhat generous interpretation of Fonteius’s activities, “who are you or I to determine his guilt? It is a matter for the court to decide, not us. Or would you be a tyrant and deny him an advocate?”

“I would deny him your advocacy,” Lucius responded. “You have heard from Induciomarus’s own lips the evidence against him. Is all that to be canceled out, simply because Fonteius is a friend of Pompey?”

“It has nothing to do with Pompey.”

“Then why do it?”

“Politics,” said Cicero, suddenly sitting up, swinging himself around, and planting his feet on the floor. He fixed his gaze on Lucius and said very seriously, “The most fatal error for any statesman is to allow his fellow countrymen, even for an instant, to suspect that he puts the interests of foreigners above those of his own people. That is the lie which my enemies spread about me after I represented the Sicilians in the Verres case, and that is the calumny which I can lay to rest if I defend Fonteius now.”

“And the Gauls?”

“The Gauls will be represented perfectly adequately by Plaetorius.”

“Not as well as they would be by you.”

“But you say yourself that Fonteius has a weak case. Let the weakest case be defended by the strongest advocate. What could be fairer than that?”

Cicero flashed him his most charming smile, but for once Lucius refused to be parted from his anger. Knowing, I suspect, that the only sure way to defeat Cicero in argument was to withdraw from the conversation altogether, he stood and limped across to the atrium. I had not realized until that moment how ill he looked, how thin and stooped; he had never really recovered from the strain of his efforts in Sicily. “Words, words, words,” he said bitterly. “Is there no end to the tricks you can make them perform? But, as with all men, your great strength is also your weakness, Marcus, and I am sorry for you, absolutely I am, because soon you will not be able to tell your tricks from the truth. And then you will be lost.”

Cicero laughed. “‘The truth.’ Now there is a loose term for a philosopher to use!” But he was addressing his witticism to the air, for Lucius had gone.

“He will be back,” said Quintus.

But he did not come back, and over the following days Cicero went about his preparations for the trial with the determined expression of a man who has resigned himself to some distasteful but necessary surgical procedure. As for his client: Fonteius had been anticipating his prosecution for three years, and had used the time well, to acquire a mass of evidence to support his defense. He had witnesses from Spain and Gaul, including officers from Pompey’s camp, and various sly and greedy tax farmers and merchants-members of the Roman community in Gaul, who would have sworn that night was day and land sea if it would have turned them a reasonable profit. The only trouble, as Cicero realized once he had mastered his brief, was that Fonteius was plainly guilty. He sat for a long time staring at the wall in his study, while I tiptoed around him, and it is important that I convey what he was doing, for it is necessary in order to understand his character. He was not merely trying, as a cynical and second-rate advocate might have done, to devise some clever tactic in order to outwit the prosecution. He was trying to find something to believe in. That was the core of his genius, both as an advocate and as a statesman. “What convinces is conviction,” he used to say. “You simply must believe the argument you are advancing, otherwise you are lost. No chain of reasoning, no matter how logical or elegant or brilliant, will win the case, if your audience senses that belief is missing.” Just one thing to believe in, that was all he needed, and then he could latch on to it, build out from it, embellish it, and transform it just for the space of an hour or two into the most important issue in the world-and deliver it with a passion that would obliterate the flimsy rationality of his opponents. Afterwards he would usually forget it entirely. And what did he believe in when it came to Marcus Fonteius? He gazed at the wall for many hours and concluded only this: that his client was a Roman, being assailed within his own city by Rome ’s traditional enemy, the Gauls, and that whatever the rights and wrongs of the case, that was a kind of treachery.