Germanicus shook his head. ‘No, Tiberius has already had him replaced. Apparently, he was trying to claim money for officers already slain in the disaster. Tiberius didn’t approve of someone profiting from the dead.’
That bit of news didn’t surprise me one bit; Asprenas only cared for himself.
Augustus nodded to himself. ‘Well, that at least is something.’
Germanicus turned to me. ‘This news is troubling, but to be honest, not that surprising. We knew Varus must have made multiple errors in allowing the three legions to become encircled. But what relevance does it have to this case?’
I shrugged. ‘Maybe none, but if you’re looking for someone to blame for the disaster, I think taking the head of a centurion from Spain is wide of the mark.’
Augustus gave a low growl and grumbled. ‘He has a point. I think we need to judge this case on its own merit and decide the accused’s fate through the facts alone.’
I gave no sign, but inwardly I sighed with relief. ‘That is all I ask, my lord.’
Augustus’ eyes bored into my own. ‘Very well, Aprilis. You said you had evidence of a rift between the two brothers. Present your evidence.’
I thought the onus should have been on them to prove that Flavus was guilty, rather than the other way around. But there was no point in wishing for what I couldn’t have. This was my chance; I needed to take it.
I thanked Augustus before turning and addressing the entire court. ‘I know what each of you are thinking.’
Germanicus gave a grunt. ‘Really?’
I ignored his ironic tone. ‘Yes, you’re thinking that the ties of family go deep, and treason often runs in the family.’
Germanicus raised an eyebrow. ‘That has certainly crossed my mind.’
I opened my arms in a gesture of honesty. ‘I’ll agree. I had the same thoughts myself. When I left for Spain, I shared your doubts regarding Flavus. I knew the brothers to be close in their youth, so why would they deviate from that path?’
Germanicus laughed. ‘I couldn’t have put it better myself, but aren’t you supposed to be acting in your client’s defence?’
A few of the senators laughed, and both Aulus and Flavus gave me concerned looks.
I shrugged. ‘But surely Roman law deserves better than a mere assumption to prove a man’s guilt?’
Stony silence greeted this remark.
I persisted. ‘As I made the long journey to Spain, to bring the brother of Julius Arminius to justice, conflicting thoughts ran through my head. I left Rome convinced of his guilt. But when I first came across the young centurion and saw the devotion his legionaries showed him, I started to doubt my earlier conviction. When I witnessed how courageous he was in the field, my doubts increased further. Could such a man really be complicit in so heinous a crime?’
Germanicus gave me a suspicious look. ‘Sometimes heroism in the field can hide a deceitful heart.’
And didn’t I just know the truth of that. I nodded in agreement. ‘Alas, that’s too true, Germanicus. No, that alone would not be enough to convince me of his innocence. It would take more than that, but what? If only I could know exactly what was said between the two brothers, then I’d know for sure.’
Augustus growled at me, guessing where I was leading. ‘And did you find out what was said between the two brothers?’
I turned to him and raised a finger. ‘As a matter of fact, I did. Three letters from the treasonous Julius Arminius, sent to his brother in Spain. Do you want to hear what they say?’
I was banking on their curiosity outweighing any considerations of what should, or should not be admissible in court. Even Germanicus looked interested as I went over to Aulus and picked up the three wax tablets. However, before I started to read them out, he asked me, ‘How can we be sure these letters were written by Julius Arminius?’
I raised an eyebrow. ‘Surely you can’t forget Arminius’ handwriting, learned in this very palace under the guidance of the finest tutors in the empire?’ I raised one. ‘So heavy of hand, so precise in its action?’
Germanicus frowned. ‘I never knew him as well as you, so I don’t recall.’
Augustus raised an eyebrow. ‘Do you doubt the validity of these letters? I am sure we can have them checked.’
Germanicus shook his head and waved away his objection. ‘No, no need for that. Cassius is a quaestor, and what’s more from a fine patrician family. If he says these letters are from Julius Arminius, I believe him. Please continue.’
I breathed more easily on hearing that – at least my word wasn’t being doubted. I did as I was bid and read out the first two letters, which gave an account of Julius asking for his brother to join him in Germany, and then showed his anger after his request had been declined. I emphasised the part that read:
I cannot understand why you declined my offer! This made me so angry! As your elder brother, I demand that you rethink your actions. Haven’t I always known what is best for you, brother? I cannot believe you would put the needs of your men over that of your family!
I concluded that it was clear that Flavus had remained loyal to the legions and had cast off his family ties. ‘Surely these letters cast some doubt on Flavus’ guilt in the whole affair?’
Augustus held his chin in his hand. ‘Possibly some doubt. But is that enough? Is there any mention in the last letter as to what was planned in Germany?’
There was no point in being dishonest at this point. I held the letter in my hand. ‘He hints at planning something but doesn’t say what.’
Augustus motioned for me to give him the letter. ‘Let me see.’
I handed over the third wax tablet to him. Augustus read it, then raised an eyebrow, repeating a section of it:
You must see what I have been preparing here. It is both wonderful and terrible in its conception. The supremacy of the Cherusci nation will soon be apparent to all, and we are destined to lead that glorious awakening.
I had to admit, that bit didn’t sound good. But I reminded him, ‘Julius Arminius doesn’t mention doing anything treasonous or disloyal towards Rome. He could quite well have been talking about building a great hall or planning another war against their traditional allies, the Angrivarii.’
Augustus gave me a doubtful look, and Germanicus said, ‘It might not be proof of his guilt, but it shows Julius Arminius was intent on trying to bring his brother into his plans.’
‘But how is that my client’s fault?’ I asked to take the wax tablet back, which Augustus released to me, and I pointed to the start of the letter. ‘It also says that my client hadn’t been returning Julius’ letters. What more could Flavus have done?’
Germanicus scoffed. ‘But how do we know this is the entirety of their correspondence? There may have been more letters, where the elder brother spells out exactly what he planned and how he meant to go about it.’
There were murmurs of agreement from the watching senators, and Augustus concurred. ‘If Flavus knew anything about what was about to happen, and he said nothing, that alone is complicity in treason. How do we know these letters did not continue?’
I swallowed hard. ‘We brought a tally back from Spain. It is a record of how many letters each recruit from his cohort received. I can have it brought to the palace if need be. It showed there were only four letters sent to Flavus Arminius from Germany.’
‘Four?’ Germanicus queried. ‘But you’ve only shown us three?’
I wet my lips, which had turned dry. ‘We only found three.’
There were loud murmurs of disquiet, and Germanicus gave an ironic, ‘How very convenient.’
Augustus barked out a question to Flavus. ‘What did you do with the last letter, boy?’
Flavus looked stunned to be questioned by the imperator. He stammered, ‘I must have reused it. That’s what wax tablets are for.’
Augustus gave a gruff growl of agreement. ‘I suppose that’s true enough. What did it say then?’
I wasn’t sure about Flavus addr
essing the court directly. I knew how easily his words could be turned against him. But I was helpless to prevent it now Augustus had asked him a direct question. Flavus looked at the leader of the entire Roman world and answered, ‘My brother said he disowned me, and I was cast out of the family and tribe.’
Germanicus gave a long laugh. ‘Do you really think we are going to believe that? The one letter that would seem to corroborate your story also happens to be the one that mysteriously goes missing? Do you take us all for fools?’
Flavus went bright red with anger. ‘I’m not taking you for a fool or anything else. I was asked what the letter contained, and I answered the truth.’
Augustus gave a slow shake of his head. ‘If only it were that easy, boy. But that’s enough of this for the day. I don’t know about anyone else, but I feel hungry. What say you all, that we reconvene tomorrow?’
As it was a suggestion from the imperator, everyone agreed, much to my relief. I slumped in exhaustion as I watched the Praetorian Guards take Flavus away in chains. I knew our case wasn’t going well. I desperately needed to speak to Aulus so we could come up with another strategy.
Chapter Forty-three
We were back in Aulus’ domus, the one he kept in the centre of Rome for his work. Marcus had joined us there, and I’d sent Silo with a message for Numeria that I wouldn’t be able to see her tonight. I didn’t think it’d be an issue for her. She’d told me that she had rehearsals and might be busy. Besides, this was too important. A man’s life was on the line and we appeared to be losing the case.
‘We need to come up with something!’ I appealed to Aulus, hoping he’d have some clever strategy that could turn things around. I paced restlessly around the small room.
Aulus shook his head as he leant over the table in his study that held a scattering of past formulae from previous cases. ‘I’m sorry, Cassius. But we always knew this wouldn’t be easy. You did better than you think. You managed to deflect much of the blame onto Varus. I think that helped.’
Marcus sat on a chair by the table. He grunted. ‘Quite right too. Varus’ shade must have had much to answer for once he reached the void.’
I took a large swallow of the wine that Aulus’ slave Salah had brought me. ‘It’s still not enough. All those senators hate Julius Arminius so much that anyone associated with him is thrice damned in their eyes.’
Aulus raised his hand. ‘Don’t worry about those senators. They are immaterial in this. Augustus will be the man who will deliver the verdict. It is only him we need to worry about.’
Marcus looked up from the small chair he was sitting on. ‘And remember, we both hate Julius Arminius, but we still came to believe in Flavus’ innocence.’
I stopped my pacing and gave a long sigh. ‘Yes, but it took me many weeks to get to that point. We don’t have that much time. We only have a day.’ I turned to Aulus. ‘We need to have Flavus speak for himself. Let me question him in front of Augustus.’
Aulus shook his head and was adamant. ‘No, Cassius. We’ve been through this. If you were to ask him to testify, it’ll be too easy for Germanicus to twist his words. It’s too great a risk.’
I put the wine down on the table and ran my hand through my hair. ‘But Marcus is right. Only by getting to know Flavus do you see his true nature. His honesty, his valour.’
Aulus put both his hands on the thick oaken table and said clearly, ‘That’s just the problem, Cassius. He’s too honest. If I were to come against him in a litigation, I’d know exactly how to trap him. I’d just need to question him on his past affection for his brother, and he’d answer the truth. In the current environment in that courtroom, you can just imagine what kind of reaction that is likely to cause. If I can see it, so will Germanicus. He’ll tear his testimony apart and make it look like Flavus and his brother planned the whole thing together.’
I looked up at the ceiling. ‘How else then? I need to show that, despite coming from the same family, they’re very different.’
Marcus gave a shrug. ‘That’s not so uncommon in families. After all, didn’t Augustus banish his own daughter?’
I looked at Marcus sharply. ‘That’s a good point, Marcus.’
Aulus gave a long sigh and sat down heavily on a bench by the table. ‘No, you can’t go down that path either, Cassius. If you were to mention Augustus’ daughter, or even infer it, you are likely to antagonise the one man we need to convince of Flavus’ innocence. Not only that, you’re likely to endanger yourself in the process. Your sister has told me of your own involvement in that regrettable incident.’
Marcus gave a great bark of a laugh. ‘You were involved in that, Cassius? The sex scandal on the steps to the Forum?’
I shook my head vigorously, and said crossly, ‘It was actually below the statue of Marsyas, and I was even younger than you then.’
Marcus shook his head slowly whilst smiling. ‘Your colourful life will never cease to amaze me, Cassius.’
I wanted to get back to the problem at hand and wasn’t interested in reminiscing about my misspent youth. I turned my attention back to Aulus. ‘How do you think I should proceed tomorrow then? I need to come up with something.’
Aulus looked around the stacked shelves of his study, piled high with copies of past cases. ‘We can search through all my documents and see if we can find a past precedent that involved a prominent family in Rome’s past. That, alongside concentrating on Flavus’ good service record in the legions, might be enough to sway Augustus.’
I was doubtful; it sounded precious little to me. But at least it gave us something to do, rather than just sitting around and bemoaning Flavus’ fate. ‘Fine, let’s get started then. What exactly are we looking for?’
Aulus stood up and went to the first shelf, pulling out a wooden sheaf. ‘Anything that shows someone accused of a crime due to his or her family, but who was later found innocent.’
Marcus, Aulus, and I worked long into the night, sifting through numerous sheaves that Aulus’ slave brought over to us on the table. I read through countless crimes, some horrific, others trivial. We asked Salah to restrict the small ink-stained wooden plates he brought over to those of prominent families only. Even so, they counted in their hundreds, ranging from the famous cases of our Roman past to the downright bizarre. I read a complicated case involving a descendant of the former dictator Cornelius Sulla, before discarding it as useless to us, and then finding out about another man who’d tried to formally adopt a goat and named it in his will. There were many others, and the strain of reading the spidery ink stains on the wooden sheaves started to hurt the eyes, and they took their toll on all of us.
Marcus rubbed his eyes. ‘If I read about any more contested wills, I think I’m likely to give up on the prospect of ever having a happy family of my own. Are there no content families in Rome?’
Aulus gave a grunt of agreement. ‘A key part of much of Rome’s litigation involves the ownership of people’s estates once they die. It is a sad truth that such vast sums of money tend to bring out the worst in us.’
I put down the latest case I was reading, about a woman who’d tried to take the inheritance away from her former lover’s estranged son. ‘But none of these help us. Whenever I read about a argument between a family and a third party, the judge always seems to adjudicate on the side of the family ties being stronger.’
Aulus sighed. ‘Well, yes, that is true. The foundations of the family are what Roman law is based around. The only exception to this is when somebody is formally disowned and disinherited. It’s such a shame that Flavus lost that final letter in which Julius Arminius did exactly that. It could have made all the difference.’
I discarded the thin piece of wood I was reading and picked up another one. ‘Well, there’s no point in worrying about what we don’t have. Let’s try and find something we do.’ I peered at the next wooden sheaf. The ink had smeared and it was virtually illegible. ‘Honestly, Aulus. Why do you insist on using these stupid wooden sheaves?
Why can’t you use wax tablets or papyrus scrolls, like everyone else?’
Aulus rested his hands on the table. ‘Papyrus is too expensive, and I stopped using wax tablets after an unfortunate incident involving one years ago. Just as what happened to Flavus, I overwrote a tablet I needed for another more important case. That’s the problem with them, it’s far too easy to clear the wax and reuse them.’
I grumbled, ‘Well these wooden sheaves are damn annoying.’
Marcus smiled tiredly, putting down the latest one he was reading, probably pleased by the distraction. He asked Aulus, ‘Did you lose your important case then?’
Aulus looked up and gave a wistful smile in reminiscence. ‘Fortunately, no. Luckily for me, my slave Salah managed to retrieve the words under the wax, which had scored into the wooden plate underneath. He used a special technique he’d learned that involved running a lump of charcoal over a very thin sheet of papyrus. It was a close-run thing though, so I swore not to use them again.’
I stopped dead in my tracks and stood up slowly.
Marcus looked at me in bafflement. ‘Is anything wrong, Cassius? You look like you’ve taken a fright?’
I asked Aulus urgently, ‘Do you still have that letter Governor Livianus threw at me? The one from Flavus asking to join the governor’s guard?’
Aulus looked taken aback. ‘Yes, of course. I always keep documents from a live case, no matter how insignificant.’
My heart started racing with excitement. ‘Fetch Salah, and tell him to bring some papyrus and a lump of charcoal. The answer could have been under our very noses the whole time!’
Chapter Forty-four
As we assembled in the palace throne room the next day, I felt my nerves return. As foolish as it seemed, my anxiety had actually increased now I knew we held some significant evidence. The day before, the situation had seemed hopeless. But now I knew there was a chance, albeit a small one, if I could just get them to see the truth that lay before them.
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