Conn Iggulden - The Death Of Kings

“My case stands on three points. The first is that Primigenia has been restored to the legion rolls without dishonor. If they have suffered no stain, then how can their general be called traitor? Secondly, if Marius was wrongly punished, then his possessions should have come to his remaining heir, myself. Lastly, my actions to reclaim my house from the thieves within have been made knowing the court would pardon them in the light of Marius's unjust fate. A great wrong has been committed, but it is against me, not by me.”

The crowd cheered and the guards once again rapped their staffs into the ground.

The magistrates put their heads together for a moment, then one of them motioned to Rufius to speak in reply. He stood, sighing visibly.

“Caesar's attempts to confuse the issue are admirable for their earnestness, but the law sees all things clearly. I am sure the judges enjoyed the journey into history, as I did, but I suspect they realize that the interpretation is colored by the defendant's personal relationship with the general. As much as I would enjoy arguing the vision he has presented as fact, I am in favor of reducing the case to its fundamentals in law and not wasting the time of those present.” He looked at Julius and smiled in a friendly fashion, so that all there could see he forgave the young man for his foolishness.

“In a wholly legal sale, my client bought the house in question at auction as we have been told. His name is on the deed and the bill of sale. To have armed guards steal his property from him is a return to the use of force to settle disputes. I'm sure you all noted the touching of spears to that attractive shield at the start of the trial. I remind you that the symbolic act of struggle is just that. In Rome, we do not draw swords to end arguments without submitting to the law.

“I sympathize with the points young Caesar has raised, but they have no bearing on the case at hand. I'm sure he would want to go back even further and reveal the history of the house right back to its first foundation, but there is no call for such a widening of the issues. I must repeat my call for the sword, though it is with regret that Rome should lose such a passionate young advocate.”

His expression showed sadness for the harsh penalties to come as he took his seat and conferred with Antonidus, who watched Julius with slitted eyes.

Julius stood and faced the magistrates once more. “As Rufius has referred to a deed and bill of sale, I feel he should produce them for the court to examine,” he said quickly.

The magistrates looked over to Rufius, who grimaced. “If the property was a horse or a slave, your honors, then I could of course produce such items for you. Unfortunately, as a house is in question and one taken by surprise and armed force, the documents were inside it, as Caesar is well aware.”

The magistrate who seemed to speak for the others peered at Julius with a frown. “Are these papers in your possession?” he asked.

“I swear that they are not,” Julius replied. “There is no sign of them in the house of Marius, on my honor.” He sat down again. As he had burned the deed and bill of sale the night before under Quintus's direction, his conscience was clear.

“So no ownership papers can be produced by either party?” the magistrate continued evenly. Julius shook his head and Rufius echoed the movement, his face tightening in irritation. He stood to address the magistrates once again.

“My client suspected that such key documents would ‘disappear' before the trial,” he said with a barely concealed sneer in Julius's direction. “Instead, we have a witness who was present at the auction and can attest to the legal sale to General Antonidus.”

The witness stood forward from his seat by Antonidus. Julius recognized him as one of those who sat near Cato in the Senate house. He was a stooped and fragile-looking man, who constantly pulled a lock of his thinning hair back off his forehead as he spoke.

“I am Publius Tenelia. I can attest to the legal sale.”

“May I question this man?” Julius asked, stepping into the floor as he received permission.

“You witnessed the entire auction?” Julius asked him.

“I did. I was there from the start to the finish.”

“You saw the bill of sale being signed in the name of Antonidus?”

The man hesitated slightly before replying. “I saw the name,” he said. His eyes were nervous and Julius knew he was adding to the truth.

“You glimpsed the document briefly, then?” he pressed.

“No, I saw it clearly,” the man replied more confidently.

“What was the amount the general paid?”

Behind the man, Rufius smiled at the ploy. It would not work, as the witness had been thoroughly prepared for such questions.

“It was one thousand sesterces,” the man returned triumphantly. His smile dropped at a sudden chorus of jeers from the crowd outside the court. Many heads turned toward the mass of plebeians, and Julius saw with the judges that the streets had filled as the trial went on. Every available space was taken and the forum itself was full of people. The magistrates looked at each other and the praetor firmed his mouth in anxiety. Such a large audience increased the dangers of disturbance, and he considered sending a runner to the barracks for more soldiers to keep the peace.

When the crowd was quiet, Julius spoke again.

“In preparation for this case, your honors, I had the house valued. If it was sold this morning, a buyer would be likely to pay in the region of a million sesterces, not a thousand. There is a passage from the Twelve Tables that has a bearing on the matter.”

As he prepared to quote from the ancient script, Rufius raised his eyes in boredom and the witness fidgeted, not yet dismissed.

“‘Property may not pass from vendor to purchaser unless value has been paid,' ” Julius said loudly. The crowd cheered the point, with a number of conversations breaking out as it was explained to those around them.

“A thousand sesterces for a property worth a million is not ‘value,' your honors. The sale was a farce of favors, a mockery of an auction. With not even a bill of sale to prove it existed, no legal transaction took place.”

Slowly, Rufius rose. “Caesar will have us believe that any bargain is in breach of the Tables,” he began.

The crowd hooted him and the praetor sent his runner for more soldiers.

“I say again that Caesar attempts to confuse the court with pointless distractions. The witness proves the sale was real. The amount is immaterial. My client is a shrewd bargainer.”

He sat down, hiding his annoyance at the point. He could not admit that the auction had been mere show for Sulla to reward his favorites, though Caesar had made that clear to everyone there, if they didn't know it already. Certainly the crowd hadn't known and many angry stares were turned on Antonidus, who visibly shrank in his seat.

“Furthermore,” Julius continued as if Rufius had not spoken, “as the matter of the value of the house has been raised by Antonidus's own witness, there is another issue I would like to bring to the attention of the court. If the verdict is with me as rightful heir to the property, I will demand the rent for the two years of occupancy by General Antonidus. A generous estimate of that amount is thirty thousand sesterces, which I add to my claim for the house as money denied my family in his time there.”

“What? How dare you ask for that?” Antonidus spluttered in anger, rising from his seat. Rufius pressed him back into it with difficulty, muttering urgently into his ear.

When Antonidus was still, Rufius turned back to the magistrates.

“He adds public scorn to his offenses, your honors, by goading my client. The house was empty when General Antonidus took legal possession after the sale. There is no rent at question here.”