Bedrock of Empire

by Thomas M D Brooke

  Aulus interrupted. ‘Sorry, what does any of this have to do with the case?’

  Germanicus raised his hand. ‘Please let her continue. All will come clear in time.’

  The judge inclined his head to concede to Germanicus.

  Aulus rolled his eyes, probably getting annoyed that Classicus was looking more and more like a subordinate of Germanicus rather than the judge.

  The elderly freedwoman continued. ‘All was going well in our happy family, until disaster struck. The young son was killed fighting in Dacia. His mother and my lifelong companion took the news very badly. She adored her son and was completely broken after he was lost.’

  A ripple of sympathy went through the crowd. Many present would have lost loved ones to one of the recent wars that Rome had been fighting, so this was something they could all identify with.

  The freedwoman wiped away a tear from her eye. ‘We struggled on alone in her house, but as we were both getting older, it was difficult to look after such a large house. So she bought Telesinus, a nice boy who came to help us. Telesinus was strong and capable, and he cared for my friend when she became ill and started to fade away.’ She wiped away another tear. ‘And then that man, her nephew’ – she pointed at Fonteius, and no one could mistake the venom in her voice – ‘came and tricked my friend out of her one and only comfort in what remained of her life.’

  Germanicus walked over to the old woman. ‘And what did he do?’

  She spat. ‘He and that big brute there’ – she pointed at Antinous – ‘came to see her. They said that Antinous owned a theatre of actors, and they needed a man to play the role of Hercules in a play they were putting on. I told you Telesinus was a strong boy, tall and big of muscle, so they said he’d be perfect for the role. Telesinus had always dreamt of being on the stage, and so she agreed and signed him away – after all, it had been his wish, so she thought she was helping fulfil that dream. Little did we suspect that Fonteius was selling him to a very different stage.’

  The crowd gave a sigh of remorse. Even though many, if not most, would have been slave owners themselves, it was very unlikely many would countenance selling a cherished and favoured house slave into the gladiator ring.

  Aulus stepped forward and said in a very resigned voice, ‘This is all very sad, but whether my client was complicit in this subterfuge or not makes absolutely no difference. When he inherited the estate, the ownership of Telesinus would have come over to him in any case. Any compensation owed to the estate is owed to him.’

  Germanicus gave a wide grin. ‘And you’re sure Fonteius inherited the estate? What makes you think that?’

  Aulus looked flustered, and I felt a sinking feeling in my stomach. ‘Because he is the only surviving blood relative. There are no other claimants.’

  Germanicus answered Aulus, but he addressed the crowd when he said, ‘But that is where you are wrong. I have in my hand the will of your client’s aunt.’ He brandished a wax tablet that he’d kept hidden in one of the folds of his toga. ‘Do you want to know what it says?’

  The crowd all answered, ‘Yes!’

  Germanicus opened it up. ‘It says … that she disinherits your client Fonteius.’

  The crowd cheered.

  Aulus objected. ‘There are still no other family members, so my client will inherit due to the law of intestacy.’

  Germanicus wasn’t finished. ‘Furthermore, it says she officially adopts her freedwoman and lifelong companion as her daughter, and makes her the heir of everything she owns.’

  The crowd gasped in surprise.

  ‘Therefore, this means the slave Telesinus was not only never owned by your client, he never was due to inherit him either. In fact, he has nothing to do with your client at all, other than the fact that your client was guilty of taking ownership via subterfuge away from his rightful owner,’ said Germanicus, now looking very assured.

  Aulus began to sweat profusely. ‘But she can’t inherit the estate, she is a woman.’

  Germanicus smiled. ‘The inhibition against women inheriting and being named as an heir only applies to women of childbearing age. I think you can agree that this women is beyond that now?’

  The crowd laughed, as she had clearly passed that milestone around thirty years before.

  The judge Classicus walked forward and said clearly, ‘It is clear that Fonteius has no rights in regard to the slave Telesinus. The case is dismissed.’

  The crowd cheered again and Aulus looked completely crestfallen.

  Germanicus still wasn’t finished however. ‘But Senator Classicus, there is still the matter of compensation to be settled. Fonteius clearly deserves none, but my client, the adopted daughter of the estate, surely deserves some? What say you that Fonteius and Antinous pay five thousand denarii each? That should be fair, wouldn’t you agree?’

  The crowd agreed vocally.

  Fonteius ran forward and shouted out, ‘No! Five thousand denarii! I came here to get money, not lose it! I couldn’t pay for that without selling my home.’

  Germanicus raised a finger. ‘Is that the house that used to belong to your aunt?’

  Fonteius nodded. ‘Yes, why?’

  Germanicus softened his voice but made sure it was still loud enough to carry to the crowd. ‘Because that is no longer your home. It belongs to my client, along with everything else that came with it.’

  Fonteius looked completely dumbfounded. ‘But then I have no way of paying it.’

  A twinkle entered the praetor’s voice. ‘Then you’ll have to work off the debt in enforced servitude to my client. Let’s hope she doesn’t sell you off to be a gladiator like poor Telesinus.’

  The crowd burst out laughing, and Senator Classicus declared, ‘Agreed. Both Fonteius and Antinous must pay the heir to the estate compensation of five thousand denarii each. Judgement is made.’

  The crowd was laughing and cheering, and Marcus next to me clapped his hands in delight. ‘I had no idea law cases could be such fun! To think that I thought I might find this boring!’

  I didn’t join in the carnival atmosphere myself. I had no sympathy for Fonteius, who was now kneeling on the ground, beseeching the judge to change his decision, but I looked to Aulus, who was standing alone and unnoticed, looking completely broken and demoralised.

  Marcus stood up, hands on his hips, then his eyes popped when he spied something on the other side of the Forum. ‘Oh damn it. There’s Julia, and she looks cross. I had better go, Cassius.’

  I looked over to where he was facing and saw Julia in the distance, a face like thunder on her pretty young face. ‘You go, Marcus. I’d better check on Aulus.’

  I went over to my brother-in-law, who was standing all alone, staring over at his adversary, Germanicus, who was receiving the congratulations of the jubilant crowd. ‘I’m sorry, Aulus. It looks like there was more to this case than we thought.’

  Aulus looked at me, pain clear in his eyes. ‘I’ve been made a fool of, Cassius. My reputation is bound to suffer. Who’ll take me seriously now?’

  I shook my head and looked over at the victorious praetor. ‘In a week, no one will even remember it was you standing in the Forum. All that they will remember was the great Germanicus who won another case.’

  Aulus looked down at his sandals. ‘I hope you’re right. Either way, my dream to become a jurist is further away than ever.’ He turned away from me. ‘I must go home and tell your sister what happened.’

  I didn’t envy him that task. Antonia was bound to be upset by the turnaround in his fortunes. ‘I would love to accompany you home, Aulus, but I can’t. Germanicus has asked to speak to me after the trial.’

  Aulus nodded. ‘No, no, don’t worry. You can’t disobey the praetor. You go along, I’ll be fine.’

  He slowly walked away from the Forum, looking forlorn and dejected as Germanicus came over to me. ‘Cassius, is your brother-in-law leaving so soon? You’re not running off, I hope?’

  I turned round to the cheerful Germanicu
s, who was now sporting a wide grin and eyes that sparkled with glee. ‘That was poorly done, Germanicus. He really wanted to impress you, and you were leading him into a trap all along.’

  Germanicus’ eyes widened in innocence. ‘What trap? Is it my fault that I argued the more convincing case?’

  I snorted in disbelief. ‘Oh, come on. New witnesses turning up unannounced. Secret wills miraculously appearing, a woman old enough to be my grandmother being adopted as a daughter? Aulus never stood a chance. You planned this from the outset.’

  Germanicus smiled, and he confided in me. ‘Well, that’s true I suppose. But the result was fair in the end, wasn’t it? Surely you couldn’t want that weasel Fonteius to profit from the death of the young man?’

  I sighed. ‘On that point you have my agreement. But you might have warned my brother-in-law.’

  Germanicus shook his head. ‘If I had done, he might not have argued his case so well. Besides, the shock on his face when it started to turn against him helped cheer the crowd.’

  I rubbed the back of my neck. ‘But why did you do it? Why make such a spectacle of such an insignificant case?’

  Germanicus smiled. ‘You’re right that this is a small case and the characters unremarkable, but those are sometimes the ones that the people of Rome enjoy the most. Ones with villains they can recognise from their everyday lives, rather than some aloof senator or other man of importance.’

  Realisation of his plan started to become clearer. ‘So you only did this to entertain the crowd?’

  Germanicus smiled and raised a finger. ‘Not just that, Cassius. The people of Rome need to see that Roman law can work for them as well as against them. My client was a mere freedwoman, the lowest amongst us, and penniless as well. If Roman law can be seen to protect even the likes of her, it sends a powerful message. The evil Fonteius and Antinous are publicly shamed, and everyone goes home safe in the knowledge that Roman justice has prevailed.’

  I grunted. ‘You’re smarter than you look, Germanicus.’

  He laughed. ‘From you I take that as a compliment. I remember you never gave them easily. Now don’t be upset about your brother-in-law. He’ll get over it. I needed a lawyer with a good reputation to make it look good.’

  I smiled, Germanicus’ open manner warming on me despite the circumstances. ‘He wants to become a jurist, you know?’

  Germanicus nodded. ‘And I’m sure he will in time. But let’s forget about law for now. Why don’t you join me for dinner tonight? I want to hear about what happened in Germany.’

  I suddenly stiffened. I wasn’t sure about dining with anyone from the imperial family; such company can bring trouble. Germanicus didn’t notice my reluctance and carried on in his affable manner. ‘You can join me in the theatre beforehand. I am the benefactor for my own production in Pompey’s theatre tonight. We are showing the tale of Mercury and Lara.’

  Saying ‘no’ to anyone from his family was always impossible, and besides, I knew Numeria would love the theatre – it was her main passion in life, and she’d never forgive me if I passed up on a chance to see the opening night of such an important new play, and in the imperial seats no less. ‘Is it alright if I bring a friend?’

  He smiled knowingly. ‘You can bring who you like. I take it this friend is a female you want to impress? I heard you had an eye for women.’

  I grunted. ‘I’m a changed man, Germanicus. This one is special. You’ll understand once you meet her. Her name is Numeria.’

  He grinned. ‘I look forward to it. Agrippina will be there too. Try not to be late.’

  Chapter Four

  As I walked home from the Forum, my mind turned to the agreements people make, either legal or otherwise. Both Marcus and I had made our own agreement, although it hadn’t been on our own initiative. We had wintered in Vetera, the large fortress on the border between Gaul and Germany, whilst Marcus recovered from his wounds. I’d been consumed with the thought of returning to Germany and gaining vengeance on my one-time friend Julius. I’d wake up in the middle of the night, shaking with rage at what he’d done, remembering the deaths of countless friends and comrades by his treachery. During the daytime, I spent hours talking through plans with Marcus, how we could return in spring and hunt down and kill the King of the Cherusci. Marcus’ injury had been bad, really bad. He was lucky to still be alive, but even so, before he could even leave his bed, he was a willing accomplice, bringing every ounce of enthusiasm he could muster into my hare-brained ideas.

  At first my plans had involved leading men from the two legions who’d secured the border back into the dark forests of Germany. But I soon realised that their orders were only to secure the frontier at the Rhine, and that none of their commanders were ever going to be persuaded to make even the smallest expedition into German lands without the direct say-so of Imperator Augustus. Certainly not on the word of an embittered tribune liked me, who’d somehow survived one of the worst calamities that had ever struck the Roman army.

  Unperturbed, I continued to scheme. One time, I remember sitting next to Marcus after his bandages had just been changed by Julia, who was slowly nursing him back to health. ‘When the snows melt, we could track down one of the tributaries to the River Weser. That will take us right into the heart of Cherusci lands.’

  Marcus coughed as he tried to sit up higher in his bed, his words coming out in a painful wheeze. ‘Do you think we’ll manage to get that far unseen?’

  I nodded vigorously. ‘I’ve been thinking about that. Why don’t we use that same trick we used getting you out of Germany.’

  He laughed, which made him wince with pain. ‘Well, I don’t remember that part.’

  I held his good shoulder to try and steady him. ‘I dressed us up in cloaks I took off a Cherusci sentry and rode us straight through their camp. No one stopped us until I was almost at the bridge to here. Why not try the same ruse whilst trekking across their country?’

  Julia walked back into the room and sighed loudly at seeing me. ‘Marcus needs his rest. Changing the bandages always tires him. Let him sleep for a bit.’

  I nodded. ‘Yes, yes, soon,’ then carried on regardless of her disapproval. ‘What do you think, do you think it could work?’

  Marcus’ eyes shone with love for Julia and he took her hand as she came over to him and felt the temperature of his brow. He turned back to me. ‘It could work I guess. But it doesn’t seem very gallant, sneaking through like a robber in the night.’

  I ground my teeth. ‘As long as it gets the job done and I get to kill Julius.’

  This went on and on throughout the winter, as Marcus made the slow recovery from a punctured lung inflicted by a Cherusci spear that had taken him as we fled the burning camp of Aliso. When spring was close, I was encouraged to see Marcus leave his bed and start to regain his strength. Finally I thought we were close to being able to return. I was excited after managing to purchase a detailed map of the Cherusci lands that had come into my possession from a pedlar. He’d come to trade in the new German province, only to find that the province had now been completely overrun by the enemies of Rome. As the map was now useless to him, he’d let me have it for virtually nothing, and I was excitedly unrolling it on a table in a room adjoining Marcus’ sick room.

  ‘If only we’d had this map the last time we were in the Teutoburg. It really could have made a difference. Look! It even marks the smallest rivers and the rises in the land,’ I told Marcus.

  He nodded, resting one hand on the table to support himself. ‘Yes, I can see this would help.’

  A knock came at the door. We looked at each other in confusion – who’d be knocking? The door opened and Julia and Numeria walked in, faces calm and composed.

  I laughed. ‘Why are you knocking all of a sudden?’

  Numeria looked at me. ‘Julia and I have been discussing something of importance, and we’ve come to a decision.’

  Marcus frowned. ‘What decision?’

  Julia took up where Numeri
a had started. ‘We don’t want you to return to Germany. We are prepared to make sure you never do.’

  Both Marcus and I sputtered in disbelief. ‘What? That’s preposterous. You know we need to go back,’ I stammered.

  Numeria looked me squarely in the eyes. ‘You don’t need to do any such thing. Look at you both. Marcus can barely stand and you wish to take him back into Germany to an almost certain death.’

  I shook my head. ‘Now, Numeria, you know that’s unfair. I would never take Marcus against his will. He wishes to return as much as me.’

  Julia’s pretty face scrunched up in annoyance. ‘And don’t we have a say in this?’

  Marcus looked startled and we looked at each other blankly – neither of us had thought of asking either woman.

  Julia’s face regained the previous calm demeanour. ‘I followed another here for love, only for him to die in Germany. I don’t wish to lose another for the same reason. If you ever cross over the Rhine into Germany, I won’t wait for you to return, Marcus. It will be over between us whether you live or die. I’ll not go through that heartbreak again.’

  Marcus looked distraught. ‘But, Julia. Please, I promise to come back. You know I’ll do anything to return to you.’

  Julia wouldn’t budge. ‘Whether you return or not is immaterial. You will have lost my love.’ She turned her back and walked calmly out of the room.

  Marcus looked at me in panic. Then he quickly followed her out of the room, stumbling due to his injuries. ‘But, Julia, you can’t do this.’

  I knew then that Marcus would never follow me back into Germany. He’d complain about it, wish to go, try with all his might to change her mind, but I knew he’d never risk losing Julia. He was so completely in love with her, he’d never be able to countenance a life without her. I was angry and annoyed, but I understood Julia’s motives. She’d been left in a terrible position after the death of her first love, Festus, and I couldn’t blame her for being terrified of returning to that awful life of prostitution and meagre survival. I looked back at my map in fury, not even wanting to make eye contact with Numeria. ‘Fine, if Marcus can’t join me, I’ll go alone.’