Aulus rubbed his hands in nervous excitement. ‘Why indeed? Maybe he wants to come see me in action, see if I’m any good. This could be my big case, Cassius. The one I’ve been waiting for.’
Marcus looked over at me in complete bafflement, so I quickly explained. ‘Aulus has been waiting for a chance to show the higher powers in authority how good he is.’ I clapped Aulus on the shoulder. ‘I’m glad they’ve finally woken up to how good you are. You deserve it, Aulus. Nobody works harder at law than you.’
Aulus nodded vigorously, the tension showing in his bright eyes. ‘Yes, you’re right. But I need to make sure I’m at my best today. I don’t want to blow my chance to become a jurist.’
I took hold of Aulus and said to him. ‘Relax, you’ll do fine. You’re well prepared and you know the law better than anyone. You’ll show the praetor what you can do.’
There was a hubbub amongst the crowd. Aulus turned around, rubbing his hands again. ‘That must be him now!’
Marcus scratched his head. ‘Who is the praetor at the moment? I don’t keep up with the latest political appointments.’
As the praetor urbanus was the leading magistrate in Rome, he could normally be relied upon to be a staunch crony of Augustus or a member of his own family, or preferably both.
A tall, good-looking young man, dressed in full dress toga followed by two lictors denoting his rank as praetor came into view. ‘Cassius? Cassius Aprilis? Is that you?’
Or, in this case, an old school friend of mine.
Chapter Three
I tried my best to cover my surprise. Really I should have known who Rome’s praetor was – after all, I was supposed to be learning about the law. But I’d never been one for keeping up to date with the latest appointments of Augustus, so my ignorance was only mildly embarrassing. Germanicus’ two lictors made a space in the crowd for him, brandishing their fasces to make sure everyone present respected his rank.
I walked over to meet him. ‘Germanicus, how good to see you once again. How many years has it been?’
The praetor gave me the dazzling smile I remembered. ‘It must be at least four. So good to see you again, Cassius.’
The last time I’d seen Germanicus he’d only just grown to manhood. We’d never been close at school as he was five years my junior and therefore of little interest to me – despite his family connections. But after I returned from Germany the first time, I’d met him occasionally in various social settings or at the theatre. I barely recognised him in truth. The last time I’d met him he’d resembled a gangly adolescent youth, but now he was a tall, well-mannered, good-looking young man, with the physique of a natural athlete. If Rome’s gossip was accurate, Germanicus’ star was on the rise, and if this appointment was anything to go by, it was set to carry on rising. ‘I heard you’d been elected praetor,’ I lied. ‘You must be so proud to have achieved it at such a young age?’
Germanicus looked slightly embarrassed, and he lowered his voice as he confided in me. ‘In truth, Augustus needed to bend the rules slightly for me to get the post. Normally you need to reach the age of thirty before you can be considered, but he felt I was ready.’
Yes, definitely on the rise, Germanicus could only have been around twenty-five years of age. ‘Well, I’m sure he’s right. If he can trust you with his granddaughter, I’m sure he can trust you with our law courts. Congratulations on your marriage. Sorry I haven’t had a chance to tell you beforehand – our paths never crossed.’
Germanicus inclined his head in acceptance. ‘Agrippina is well, thank you.’
Agrippina was the daughter of Augustus’ former formidable general Agrippa and the imperator’s daughter Julia. Born well before Julia had disgraced herself with me and other idiots in this very Forum and found herself exiled. Fortunately for Germanicus, everyone in Rome said that Agrippina hadn’t inherited her mother’s wild nature.
The young praetor asked me, ‘And what about you? Married yet?’
I was telling the truth when I said, ‘I regret to say not. I’ve been away in Germany so had my hands full. Maybe someday soon.’
Germanicus’ smile faded. ‘Germany. I heard you were there. A bad business, very bad. Were you caught up in it at all?’
I somehow managed to maintain my decorum and replied calmly, ‘I couldn’t have been closer. I saw the betrayal, and the end of the legions there.’
His eye’s widened. ‘I can’t believe it was Julius behind it. I used to like him. I never thought he could betray us.’
I looked down at the floor. ‘He fooled us all, Germanicus. I never suspected a thing.’
He shook his head in disbelief. ‘You two were close. I remember it well from our schooldays. It must have been hard to take?’
This conversation was going into places I’d rather not go, especially in the Forum, with others possibly listening in. ‘Let’s not talk of this now, this isn’t the place.’
Germanicus gave himself a mental shake. ‘Yes, of course. But we must speak of this later. Don’t rush off after the trial. I take it that is why you’re here?’
I remembered where I was, and whose company I was in. I looked round to see a stunned-looking Aulus and an almost equally bemused Marcus staring at me and Germanicus. I remembered my manners. ‘Germanicus, let me introduce my brother-in-law, Aulus. He will be standing in as the orator for the plaintiff in this case. Also, meet my friend, Marcus.’
Marcus smiled and nodded in greeting, but Aulus was far more forthright. ‘Praetor Germanicus, it is a great honour that you’ve come to watch this trial. I can only hope I don’t disappoint you in its proceedings. I had no idea you knew Cassius?’
Germanicus smiled. ‘Well, I was a few years younger than Cassius at the school in the Palatine. Truth be told, I used to look up to him.’
This shocked me. ‘Really? I didn’t know that.’
He laughed. ‘Don’t be so surprised, Cassius. You were the only one of all the boys there who never tried to curry favour with the grandsons of Augustus. It made you stand out.’
I wasn’t the only one. Julius never had either, but this wasn’t a good time to point that out. ‘I am honoured that you thought so well of me.’
Aulus seemed knocked speechless, but he managed somehow to recover himself. ‘Praetor, can I offer you any assistance before the trial starts, maybe explain the case if you like? I haven’t seen my opposing orator yet, so we have time?’
Germanicus smiled. ‘Oh, I’m not here to observe. I’ll be taking part.’
Aulus looked confused. ‘Taking part? How so?’
My old school friend told him, ‘One of the magistrates reported to me that the defending lawyer wasn’t up to the task, so I said I’d take his place. I think it only fair.’
Aulus’ eyes popped. ‘You’ll be my opposing orator?’
Germanicus wiped some dust off his otherwise immaculately clean toga. ‘Yes, that’s right. Don’t worry though, I’m sure you’ll acquit yourself admirably. Don’t hold back just because it’s me you’re facing. Today, I’m just another orator, nothing more, nothing less. No need to explain the case. I have been fully informed by my client.’ He looked around the crowd gathered around him. ‘It looks like the judge is ready. Shall we get started?’
Aulus looked too shocked to respond, so I came to his rescue. ‘If you could just give my friend a few moments, Germanicus? This isn’t exactly what he was expecting.’
Germanicus inclined his head. ‘Very well, but don’t be too long. I don’t like leaving the crowd waiting.’
He walked off, to stand by the gladiator trainer Antinous and an old woman I didn’t recognise. I saw the judge was there too, Senator Classicus. Ominously for Aulus, he looked to be trying to ingratiate himself with the praetor.
Aulus turned round to me. ‘What do I do, Cassius? I can’t oppose a member of Augustus’ own family!’
I took hold of his arm to try and calm him down. ‘Of course you can. You heard him – no need to treat him any differently
to anyone else.’
Marcus asked, ‘Can he do this? Act as an orator in a trial? I thought he was the praetor. Doesn’t that make it unfair?’
I gave a rueful grin. ‘I think you’ll find that members of Augustus’ family can do exactly what they like. Rules are always bent around them. Knowing Germanicus, he is doing this to gain favour with the mob. It’s why such a large crowd has turned out for this case. Do you really think all these people would normally be here – a trial over money owned due to the death of a slave?’
We looked around the Forum, near the steps to the Basilica Julia, and saw that over two hundred people were now gathering around, some sitting on the steps at the edge of the Forum that made a convenient place to watch the trial.
‘By the gods,’ whispered Aulus.
Fonteius, Aulus’ seedy-looking client, came rushing over. ‘What’s happening? I’ve just heard that the praetor will be opposing you? What happened to that young idiot we were expecting?’
Aulus straightened himself up. ‘The praetor has every right to stand against me. It will make no difference. We have the law on our side. Fonteius, you better accompany me. We need to get started.’
The two of them walked over to the judge, Fonteius looking around either side of him at the crowds gathered there, eyes wide and bulging.
Marcus said, ‘This is turning out to be more entertaining than I thought. I hope Julia doesn’t turn up and drag me away before it gets going.’
I nodded. ‘I think you’re right. We better take our seats and watch.’
We walked over to the steps and sat down; we had a good view in this section of the Forum where the trial was taking place. The judge, Senator Classicus, was standing to one side, ready to listen to both sides of the case. He had grey, slightly balding hair and a satisfied look of importance. Aulus stood on his left, conferring quietly with Fonteius. On the other side stood the impressive Germanicus, alongside the gladiator trainer Antinous and an old lady.
Marcus whispered in my ear. ‘So your friend Germanicus is married to Augustus’ granddaughter?’
I nodded and replied softly, ‘Yes, but he isn’t just connected to the imperator by marriage. He’s also his adopted grandson.’
Marcus looked baffled. ‘How so?’
The family tree of the house of Augustus Caesar was notoriously difficult to understand, but I tried to explain. ‘Germanicus is the son of Drusus, who was one of the imperator’s wife Livia’s two sons from a previous marriage. Drusus died fighting in Germany, so Germanicus was adopted by Livia’s other son Tiberius. Tiberius has since been adopted by Augustus.’
Marcus sniggered. ‘Well that’s as clear as mud then!’ A thought came to Marcus. ‘If Germanicus has married Augustus’ own granddaughter, that means that he has married his step-sister then?’
I smiled. ‘Yes, that’s right. There’s no blood relationship, so no problem that end. It all works out quite neatly, don’t you think? It joins Augustus’ adopted family with his natural family. The succession is now straightforward.’
Marcus frowned. ‘What about Augustus’ own natural grandsons?’
I gave Marcus an annoyed look. Didn’t he know anything? ‘They both died a few years back.’ The heirs to the empire, who Julius, Germanicus, and I had schooled with, had died within months of each other nine years previously.
Marcus looked at me sharply. ‘You mean one day Germanicus could be imperator?’
I smiled. ‘Well, there is the small matter of Tiberius, who’s first in line, and there are other claimants. But yes, many think Germanicus will one day rise that high.’
Marcus shook his head and gave a low whistle. ‘I hope your brother-in-law is a good lawyer.’
The delay whilst the orators readied themselves was grating on Marcus. ‘Come on, why can’t they get going?’ Then he whispered to me, ‘Why is he called Germanicus anyway? Has he fought in Germany?’
I whispered back. ‘Most recently he was fighting in Dacia, I hear. The name came from his father Drusus. He was awarded the honorific Germanicus on his death, due to all the victories he’d won there.’
Much good it did Rome now. All the gains that Drusus and his brother Tiberius had made, Varus had managed to lose in one great sweep. ‘Germanicus inherited the honorific and goes by it now.’
‘A lot to live up to,’ surmised Marcus.
I shushed him. ‘It looks like they’re about to start. Let’s hope Aulus is ready. ’
The crowd had grown to at least three hundred now, as passers-by came over to see what was happening. A clearing in the centre of the crowd was left for the judge, and Aulus walked calmly into the centre of the clearing and joined him there. He addressed the judge but was also mindful to make sure that his clear voice, that resounded with authority, carried to the furthest edges of the crowd. ‘My lord Classicus, I come to you with a tale of deceit and trickery, as my client here’ – he pointed to Fonteius – ‘had the misfortune to have a sizable amount of his rightful inheritance stolen from him by this man here …’ He pointed an accusing finger at Antinous. ‘Just look at this former slave, daring to stand here as if he is our equal. His low-born status will probably go a long way to explain his deceitful and corrupt nature, as I tell you how he cheated my virtuous and well-respected client out of a sum of ten thousand denarii.’
The crowd gasped at the amount.
Marcus whispered to me, ‘Corrupt and deceitful nature? Bit strong isn’t it?’
I shook my head. ‘No, insults are an important part of litigation. It is why respectable citizens avoid it at all costs – no one comes out of these cases looking good.’
Aulus continued outlining the case against Antinous, telling the crowd how the gladiator trainer had promised he could turn the slave Telesinus into a great fighter, and that riches awaited them both, only for the slave to die in his first bout.
Aulus used clever hand gestures and changed the tone of his voice to emphasise each part of the story, to portray Fonteius as an innocent Roman citizen who was just trying to get by in life, only for the evil and corrupt former slave Antinous to cheat him out of what he was rightly owed.
Aulus finished with a flourish. ‘Why should my client pay for Antinous’ incompetence? That vile man’ – again he pointed at Antinous – ‘claimed he could teach the boy, but clearly he couldn’t, or Telesinus would never have been struck down in his first fight. The agreement that Antinous made with my client’s family stated that he would pay ten thousand denarii. There was no stipulation that this amount was void if the gladiator perished, and therefore he should pay what he owes!’
A few of the crowd cheered, and most nodded to one another that Aulus had argued his case well. I was proud of him. He hadn’t been put off by the strange turn of events today and had managed to come across as both calm and confident, sticking to the facts of the case rather than who he was facing. Aulus clearly was an orator of exceptional skill.
Aulus retreated to his place alongside his client and Germanicus took to the stage. He held up one finger and said loudly, in a strong baritone voice that our former teacher of public speaking would have been proud of, ‘My fellow Romans, you have heard a very convincing argument from a very eloquent speaker. You may be wondering what I can possibly say against this damning charge?’ There were a few mutters from the crowd as Germanicus deliberately paused. ‘But the speaker omitted one vital piece of information from the tale, and that is that his client never owned the slave Telesinus in the first place.’
There was widespread bafflement from the crowd at this, Marcus asking me, ‘If that’s true, what’s this trial all about?’
The judge spoke for the first time, asking Aulus, ‘Is this true? Did your client own the slave Telesinus or not?’
Aulus retook his place in the centre, for all the world looking completely unruffled. He’d been expecting this, so he didn’t appear worried. ‘Telesinus was owned by my client’s aunt, who unfortunately recently passed beyond this world. As my client
was the sole beneficiary of this woman’s estate, he is owed the money regardless.’
The judge looked to Germanicus to see how he would respond. Germanicus smiled, and addressed the crowd once more. ‘A new witness has come forward who may shed more light on the true story behind this case. A freedwoman who came to see me and told me the truth of what happened. Do you want to hear what she told me?’
The crowd all answered as one. ‘Yes!’
Aulus finally lost his composure. ‘A new witness, but I wasn’t informed. This is highly irregular. New witnesses should be included in the formula set out by the magistrate.’
Germanicus kept his smile but made sure the whole crowd could hear when he said, ‘Yes, but I have decided to allow it. I am the praetor after all.’
The crowd chuckled, and I was beginning to realise that Germanicus had everything stacked against poor Aulus. When one man has the power to change the rules as they were going along, it’s not a fair contest. But that was the imperial family for you.
Germanicus led the old lady who had been standing behind Antinous to the centre of the floor and asked her, ‘Please tell the judge and the crowd what you told me.’
The old lady, who looked to be a least seventy, stood in a matronly old-fashioned stola that had seen better days and spoke in a surprisingly clear and audible voice. ‘My lord, I lived with that man’s aunt for many years.’ She pointed at Fonteius. ‘Originally I was the slave of her husband, but he freed me in his will, when he died many years ago.’
This was reasonably common. People often freed their slaves in their will.
The freedwoman continued her tale. ‘After his death, I couldn’t bring myself to leave her or her family, so I carried on living in their house and I helped to look after her young son. We were happy in the main. Her son grew up and came of age and joined the legions.’
Bedrock of Empire Page 4