The Trial of Pallas Rutulus Aventinus

[Crozimodo]

The Praetor stood upon the erected stage facing the Basilica. Behind him was a desk with three chairs awaiting the members of the Tribunal. At each end of the stage was seating for both the prosecution and defence. The mob had gathered to see the trial of Pallas Rutulus Aventinus, those that supported his methods and those that had only contempt for a man who had crucified a Senator, now only the participants were needed and the trial could begin.

Posted around the area and available to all was the sequence the trial would take:

- At any point the Praetor can interject with a question or query.


- Firstly the prosecutor will present the case against the defendant.

- The accused will then retell their own version of the events with the opportunity to respond to the claims. At any point should the prosecution wish to query any point they must stand and say the word “Question” It is the speaker’s choice whether he accepts the question. He can allow the question by saying “accepted” or can carry on regardless, he is not answering untruthfully as no question has been asked.


- The prosecution shall call forth any witnesses that they feel will advance their case, these can be from the audience or failing that a summons can be sent out. The witness must arrive within two hours (you’ll get a day) during that time any other of the prosecution’s witnesses can be called. Failing that proceed to the next step until the witness arrives or fails to show.


- The defence will then do likewise.


- A closing statement shall be requested from each side where they will sum up their main points, each side should put forward what they feel is a suitable punishment should the Tribunal find the accused guilty, however the Praetor is not bound to agree to any of these should he feel otherwise.

- The Tribunal shall then each pass their judgement a majority will decide the outcome for the accused.

OOC: Ideally this is simple enough to follow but if things get too out of hand I'll put it back on track.

[Ozy]

Mutilius walked into the Basilica. He greeted the Praetor, and proceeded to take a seat and wait for the room to fill.

[apple]

Marcus arrived to the trial followed by his lictors and took a seat in the front row.

[chaplain118]

Pallas sits down at his seat. There was no fear in his eyes as he stared silently into the current Praetor's.

And to imagine, Lurco, had those murdering psychopaths not put me out of service, your body would've been hanging on the walls and I'd be presiding over these courts once more. Pallas smiled at the twist of fate.

[Elendil of Númenor]

Rufus edged through the mob slowly, stopping at a large pillar near the stage. Leaning on it, he squinted at the men assembled on the platform. He had a disturbing feeling that something will go wrong.

[Crozimodo]

Whilst the members filed in Lurco walked over to Pallas,

Will you defend yourself Aventinus or shall I ask another to do so for you? It is your choice of course.

[Raglan]

Marcus Felix takes his seat as one of the tribunals, and waits for the trial to begin. While he waits he considers what he knows of all involved.

[Winter]

Lucius Aurelius Lepidus mounts the platform, taking his place towards the side.

[saxdude]

Decius arrives, he take's his seat next to Marcus Felix, he looks at him quickly and then looks back as he ponderes....

[chaplain118]

While we're young, Praetor, let the trial begin. I am comfortable defending myself.

[Crozimodo]

As you wish, he returned to centre stage. As young as you maybe Aventinus your life could be over within hours, he thought to himself.

He turned to the crowd taking a deep breath, Honourable people of Rome, today we are here to see justice served, the accused Pallas Rutulus Aventinus stands accused of murder of a Senator as well as other innocents and treason. On the prosecution stands Lucius Aurelius Lepidus. On the defence stands Pallas Rutulus Aventinus. On the Tribunal are honoured Senators Marcus Felix Celer, Decius Servilius Fidelis and Gellus Herrenius Mutilis.

The rules of the trial have been laid down the proper procedures shall be followed. Aurelius you have the floor.

By Jupiter let this trial be fair and just.

The Praetor stood next to the three Senators on the Tribunal

[Winter]

Aurelius nods, stepping forward with a grim expression. He does not look over at Pallas as he walks forward, his toga shining a bright white in the noonday sun. Looking out over the assembled crowd, he could see a sea of faces waiting for him to begin. In his younger days, the sight of such a crowd would have caused such nerves in him. Today, though lessened by experience, he could not help but feel a similar sensation.

Clearing his throat, he began:

People of Rome. My name is Lucius Aurelius Lepidus. Many times the people's tribune, recent Consul, conqueror of Hispania; you know me, you know my deeds. I come before you today bearing the onus of great responsibility, with the unfortunate duty of bringing to light the crimes of a magistrate of the Senate.

Gesturing to his right, towards Pallas, with his palm facing upwards,

Today I will prove that Pallas Rutulus Aventinus is guilty of a series of heinous and barbaric crimes. The once Praetor, abusing the unprecedented and unwarranted powers voted to him by the noble Senate, did, with full malice aforethought, condemn to death, without trial, Roman citizens - a Senator among them! Innocent men, condemned to death in a most undignified and illegal way, via crucifixion, to placate the paranoia and, undoubtedly, the ambition, of a man who has lost all virtue.

I will recount for the people, who need no remembrance, the manner and the injustice of the deaths of those men who still hang upon the walls of the city, their crosses a gruesome reminder of their martyrdom to justice.

Aurelius reaches into his toga, pulling out a scroll of paper, a letter, bearing a seal.

Further, I will show clear evidence of the senator's conspiracy to doom the Roman legions in Hispania. I will present a clear confession, written to me when I was in a position of immense danger, in Pallas's own hand and with his own seal, of his malevolent and treasonous actions.

Aurelius held the scroll aloft as he spoke, clutching it in his hand like a baton. As he finished, he let his arm fall to his side.

I will prove all of these acts true, through incontrovertible fact. At the end of this day, we will secure for Pallas Rutulus what was so callously and cruelly denied to his victims upon the wall - justice.

Aurelius puts his right fist to his chest. Bowing,

I thank you. Praetor, I am finished with my opening argument.

[Crozimodo]

Thank you Lepidus. Aventinus take the floor.

[chaplain118]

Pallas laughed upon hearing Lepidus' statements. His laughter echoed before the comitium and puzzled whispers went up in the crowd. It seemed that he had gone insane. Wiping a tear away from his eyes, Pallas began to speak.

Oh, Lepidus, and here I thought you would have some trump card to prove that I had conspired against Rome.

Placing his hand above his heart, Pallas spoke to the people.

Citizens, how many lies, I wonder, my Lepidus peddle before you. He is a master at such an affair. Let me address each so called charge that he's brought up before me. The first is the claim that I took unprecedented powers from the Senate. But did I? All the law that declared a State of Emergency last year stated was that those families with connections to foreign sources bring that family member before the praetor for questioning of their loyalty to Rome. The law did not specify trials. These questioning sessions can thus be, under the decree of the law passed by the Senate, be conducted behind closed doors. Yet, I gave those people brought before me, a chance to plead their cases in the open. Crowds have seen Statius, Festinius, and Crassus confess to their sins. Crowds have seen Tarquinius accept his fate before me. In what ways did I break the law?

Had I denied them a trial, they would not have the chance to speak. Lepidus is simply harping on the fact that I did not open days of specific trial for these men. Need I remind him that hundreds were brought in per day for questioning. Hundreds left alive, I could not arrange to constantly send out notices to the entire populace to gather before the basilica to see the results. Only these few men have met their ends on the walls. Four, out of thousands that came before me.

I imagine his next point would be to hammer me on the crucifixtion. Well we were at war, my fellow citizens, we were at war with an enemy without the City and within. These people had ties to elements outside of our walls that could potentially destroy us. I did what I must. The law that placed the State of Emergency in effect stated that those found guilty will be crucified. I would be breaking the law if I did NOT cruficy them.

It is no surprise to me that this is a political issue by Lepidus. You see, citizens, when we first decreed the war against Spain, Lepidus had vocally called for himself to be sent to Spain as he believes in his military commanding powers. The rest of the Senate saw that Hannibal was in Italy and realized that our focus must be here first, before the barbarian could make our lives miserable. So we called for both consuls to simultaneously attack Hannibal as well as to lay siege on his camps at Genoa. Lepidus, however, saw differently. He sought to seek adventure in Spain, to conquer a new land when our own City was under threat. Lepidus abandoned the defense of the City to Scipio so that he may gain personal glory abroad.

He came before the Senate, arguing that all he needed was a single legion. After Hannibal's death at the hands of Scipio, the Senate decided that we can afford to divert our troops from Italy. But Genoa still stood, a target much closer to Rome and much more dangerous to us, to YOU. But Lepidus would not have it any other way. So we sent him to what most of us thought would be his death. We gave him the control of the Spanish legion, and the power to carry war. But we did not grant him any additional powers to levy more troops, something he violated when he paid for the service of Spanish mercenaries.

As for this evidence of my treason to the State, dear Lepidus is referring to, of course, a series of letters we exchanged over the Spanish campaign. In that letter I repeated the same words that I told him as he stormed out of the Curia when we finally let him have his legion. The words were: "I sent you to Spain to die, now die." Simple rhetoric. It wasn't as if I sent an assassin to Spain with the letter and gloatingly read the letter over Lepidus' body. It wasn't as if I sent a dagger with it, telling Lepidus that he should kill himself now.

In fact, the Senate later passed a resolution that would give Lepidus another legion, a resolution that I supported.

But if I may add one new thing to this trial, though witch-hunt may be more appropriate a name. There had been a series of deaths, particularly old Senators. Men like Maxentius and Merula were found stabbed to death in the streets. Those stopped, after a fashion. In fact, those very murderers had came to me and nearly killed me. It means that when the State of Emergency was declared, these men were spooked, were scared enough to try and remove the one person they knew would stop them. Now, in face of such tranquility, who knows if not more men will turn up dead again. And here, I have just a question to ask Lepidus, it concerns his wife.

Tell me, Lucius Aurelius, has your home been safe? I have heard rumors of a break-in at your estate. Do with me what you will, but these murders will not stop unless we cut off the source. By killing me, you may end up destroying a single method of finding the source. If the rumors are true, then your family's lives are on the line as well. And your children are so young. But do what you think is right, since you, as I have proved, seem so intent on following the laws.

[Winter]

Lepidus' bemused smile at Rutulus's arguments hardened into a cold gaze at the mention of his family. At the conclusion of Rutulus's speech, he stepped forward. Forcing a smile, he clapped melodramatically.

Ah, indeed. The man knows how to put on a good show. All pomp, all flash and wordplay. Indeed, he could be a fine actor, were it not beneath him.

Pity, then, that he should not know the facts.

Lepidus produces a long scroll from the ground behind him, where he had placed it upon mounting the stage.

I hold in my hands, good people, the act passed in the Consulate of Aurelius and Drusus "Lex Extraordinaria de Securitate Romae". This is the very measure that the Praetor would point to in defense of his murderous rampage through the citizenry of Rome. I shall, if you will indulge me, read to you two of the provisions of this act, as enacted by the Senate:

Lepidus makes a show of unfurling the scroll and clearing his throat

III. Families with said members who do not present those members to the Praetor will be investigated. If said members are discovered, the entire family will stand trial for possible espionage.
IV. Those found guilty of aiding Carthage will be crucified on the walls of Rome and their possessions confiscated by the State.

Lepidus closes the scroll.

How brutal, I know. Let us set aside the folly of crucifixtion, for now; I shall return to this subject later. Let us first consider the matter of the executions themselves, and their innate legality.

Spreading his arms in a motion to the crowd

I ask you, Romans, you who witnessed these proceedings before the Comitium - can you honestly tell me that the executed men recieved a fair trial? Rutulus believes so; he believes, it would seem, that these men were SO bereaved by the gravity of their offenses that they volunteered themselves for the cross. A valid argument, were we all to assume the delusion that would have one cackling and laughing like a lunatic at his own capital trial.

Continuing

I would like to believe, with all my heart, that Rutulus did provide for a true Roman trial for the accused; it is not so. Our former Praetor had taken it upon himself to personally root out and punish every single hint of crime within the city of Rome. He empowered himself to act as judge and prosecutor. He offered no room for defense or appeal, and carried out the sentences he wrongly imposed himself, with his own lictors.

Let us consider the first case he brought forth before the people; unfortunate merchants who had the misfortune to have dealings with Carthage, a father whose crime was writing to his son in the legions, and a man for whom the evidence was never even presented. Was a just trial given? Did a citizen bring these charges before the magistrate? Was even a cursory allowance for a defense given?

Aurelius was now stalking backwards and forwards along the stage.

NO. These men were brought before the court as if for the Praetor's own twisted pleasure. He dragged them before the people, pronounced their guilt without thought, and sent them to their deaths. These were not executions, these were murders, purges, with the pretense of law.

And then we must consider the fate of the noble Tarquinius; let us not forget that name. An ancient name, one with a sordid history of feuding with the Rutuli. Rutulus's grandfather is well known for his tyrannical treatment of Tarquinius's ancestors some years ago - should we be at all suprised that this man, whom we now know to be little more than a viscious tyrant clothed in the toga of a magistrate, would have brought him before him during his little death act?

I am sure you all remember how Tarquinius's trial went. Brought before a bloodthirsty grandson out to vindicate his ancestor's tyrannical behavior, Tarquinius was framed of treason on the most flimsy of evidence; a single coin. A single coin found on the body of a murderer, that happened to be of the city that the noble Tarquinius was born in. What madness, what mockery of law and order could this have been, you ask?

It was simply the ego of a man run amok. He condemned the good Tarquinius to death that very minute, without even allowing for a rebuttal. The body of that once proud Roman hangs, torn and forgotten, upon a wooden stake on the walls of Rome.

Aurelius pauses, his head drops with the emotion of the moment, his last words seeming cracked and pained. He brings his head back up, his fist pressed to his chest, his eyes fixed in a righteous glare.

Barbarity.

Pure, single-minded filthiness. That is what we came to know under the jurisdiction of this criminal. Had I not returned to Rome and canceled this measure by my presence, I have no doubt more would have died. Our dear Praetor was even entangled in his web -

Motioning to the Praetor,

Rutulus had this honest man before him when the law was canceled. Our praetor was minutes from death at the hands of the tyrant...

Lepidus pauses

I will remind the citizens of the Mos Maiorum, the ways of our ancestors. At the center of these unbreakable traditions stand the Twelve Tables of Rome, the very bedrock of all of our legal system, the foundation upon which our civilization sits, the thing that separates us from the vicious world of the barbarians.

Table IX deals with the constitutional rights of all Roman citizens. It reads, and I quote:

6. Putting to death of any man, whosoever he might be unconvicted, is forbidden.

Forbidden. Since time immemorial we have punished such a breach of our holiest laws with banishment at the minimum - never before have we seen it at such a scale.

Now, Rutulus will attempt to get before you and distract you with ad hominems, he will attempt to justify his behavior by claiming that in the rashness of the time, these were necessary actions - that the Lex Extraordinaria gave him all the authority he needed, that his processions of death were trial enough - these are lies.

We have seen conclusively that the Praetor did not provide a Roman trial for any of his victims. We have seen that he has crucified Roman citizens - an illegal crime with a heavy punishment in itself. What more is needed to prove his guilt, I ask? What witnesses must I call? Are we all not witnesses? Do we all not see the crosses, black on the walls against the fading disk of Apollo's sun? Were we all not subjects in his days of treason, of his black and unmentionable crimes?

No more proof is needed, no more arguments are left; there is simply this. Pallas Rutulus Aventinus put to death Roman citizens without a trial. He justified his murder through precedent that does not exist, and his only motive was the elimination of political enemies and long rivals of his family. He crucified a Roman Senator because of a coin he found that comes from the same general area in which that same Senator was born. He is guilty of all of this because we have all seen him do it. There is no way around it. Pallas Rutulus is guilty of the charges presented.

Aurelius looks with a resolute expression into the faces of the people in the crowd. He straightens up, and fixes his toga, which has become loose during his speech.

I have finished, Praetor. I reserve the right to cross examine any witnesses the defendant may find for his cause.

[chaplain118]

Pallas continued to smile. Smoothing his hair back, he looked at Lepidus with a twinkle in his eyes.

You call me an actor, Lepidus, but you are a far better one than I am.
I have no need to call forth any witnesses so I shall let you cross examine me, Lepidus. Unless, of course, you wish to ask someone else to take the stand. But let me be the first to object to your obvious lack of logical statement in misquoting from our ancient laws. The putting to death of a man, whosoever might be UNCONVICTED, is forbidden. A praetor cannot execute an unconvicted man. Once more, you'll find that what I had done was well within my bounds of power as praetor.

As for me being Praetor and unable to bring charges, why not? Am I not a Roman citizen? Do I not bear the toga, the sign of citizenship? Am I to be deprived of my own civil rights just because I have taken a magistracy? No. I could still press charges, and so Tarquinius' trial, in the eyes of the law, was fair. I had given him a chance to defend himself, and he did. It was only the CIRCUMSTANCES in which he was in that he was condemned. My interpretation of the law, something that is subjective, is far harsher than yours. But as for the objectivity of the law, I stand in the right light. So go, ask away.

[KoS]

Sextus Tarquinius, sitting near the back, rubbed his brow. Though he had barely known his martyred cousin, he was beginning to take this whole affair to heart, and, in a few short weeks, had gone from feeling ambivalent toward Rutulus to barely being able to restrain himself from strangling the man. The only thing that prevented him from exacting this revenge was the fact that he could extract much more satisfaction by merely standing by as the ancient and noble Republic sent Pallas to his death, which they assuredly promptly would. Sitting back, Sextus awaited Lepidus' rebuttal.

[Raglan]

Marcus Felix leaned forward at this point.

'Senator, though your interjection about the illegiality of the method of execution is correct. The act itself, as read by you a moment ago reads that crucification would be the means of death. The method Pellas used was reasonable given this, and should not be used as part of the prosecution arguement.'

[Winter]

Aurelius responds to the senator,

Indeed, sir, the motion did specify this. I simply argue that the use of execution upon a Roman citizen is an unconscionable act that goes against the Mos Maiorum.

As Rutulus's speech ends, Aurelius steps forward.

Pallas Rutulus stands here and suggests that his actions were well within the legal scope of his power as defined by the law; this is most positively not the case.

The Lex Extraordinaria, which I contend to be unconstitutional and against the Mos Maiorum by any means, most emphatically does not provide the Praetor with extraordinary authority to both argue and judge his own cases! Rutulus claims rather desperately that, as a Roman citizen and a magistrate, he ought to have the authority to run one-man trials; surely even he must see how ridiculous that sounds! Any observer of those tragic affairs of Rutulus's would be able to clearly see that his "trials" were no more than a public listing of suspicions followed by immediate death! Never once was a tribunal selected, never once were the accused afforded the chance to mount a defense, though in reality none of these were needed, as the outcome of the day was a foregone conclusion.

How such a man with so limited knowledge of our laws and customs could be elected in the first place, I do not know; perhaps it was some trick of that tongue of his, so adapted to twisting the truth to suit its purposes.

Motioning to Rutulus

For, surely, any Roman knows a magistrate may not act both as accusator and judge in his own trial! Surely, had Pallas the best interests of Rome in mind, and so convincing evidence as he pretended to have, he would have chosen another magistrate to bring the case before, or perhaps he would have brought it before the Consul, or even appointed a tribunal, such as the one before us, to aid in the enforcement of justice.

He did not, of course, because he could not; his flimsy or nonexistent evidence and wild, politically motivated accusations would never have stood up to true scrutiny, just as they do not meet the scrutiny they are under today. He did not provide a trial for the executed, and thus he violated their ancient liberties. Let him suffer for it.

Lepidus steps back again.

[chaplain118]

The motion specified for such punishments and were voted agreeably by the Senate. Even if our Mos Maiorum did not specify crucifixion as a form of punishment, the Lex Extraordinaria, which had been voted as law for that year, allowed for crucifixion as an appropriate form of punishment. Thus, I have but obeyed the law.

Once more need I remind you, Lepidus, that despite how seemingly against the Mos Maiorum the Lex Extraordinaria may have seemed, the Senate nevertheless allowed it to be voted into the acting law of the year. While it did not specifically spell out for a Praetor to act as you call it, a one man trial, its wording was left ambiguously enough that a one man trial was not out of the question. The law stated that the families must present the evidence of loyalty to Rome for those members suspected of having foreign ties. Only when the families fail to present those members and are later discovered to have hidden them, is a trial supposed to have taken place. Those who have been crucified have been proven before the people that they were guilty.

A praetor deems when a tribunal is necessary, and as acting praetor during the case, I deemed a tribunal unnecessary. You tell me to bring the case before a consul, how? Shall I bring it before you in Spain or Scipio in the north? You tell me to bring it before a tribunal, I deemed a tribunal to be unnecessary, especially in light of so many old senators found stabbed in the streets with the evidence in the form of the coin linked to the birthplace of the man hanging on the walls.

I am a Roman citizen before I am a magistrate, and I had every right to exercise my own powers as a citizen before upholding the mantle of magistracy. The fact that Tarquinius did not demand for a tribunal had been his own fault, not mine. I have one last piece of evidence that would absolve me, the very note of summoning:

Caius Tarquinius Ambrosius

This is a formal summoning to the Basilica for questioning before the Praetor. The questioning session arose after your previous confession to having seditious elements within your family, namely your grandfather who had once already been exiled by a former consul of Rome. Taken into account is your extensive stay upon the island of Sicily that places you within suspicion of the Praetor.

May Truth and Justice prevail in the courts.

Praetor of Rome
Pallas Rutulus Aventinus

If you'll notice, Lepidus, the summon was not a summon for a trial but a summon of questioning. The fact that I still held it outside for all to see, the fact that I gave him that much clemency as the appearance of a trial when it was originally supposed to be a private hearing shows that I still held the Mos Maiorum in high regards. So you see, Lepidus, I had not broken any laws, trampled upon any traditions, nor desecrated our precedents. I have only obeyed the laws that the Senate has passed. If you are still so opposed to the laws placed before the Senate, then your issue lies with them, not with me.

Your argument for your case is based on our own subjective interpretation of the laws. I have a far harsher interpretation of them than yours. But insofar as the objective truths of the laws and how closely I had followed them, I had done nothing wrong.

I rest my case in your hands, Praetor.

And your family's fate may ultimately rest in mine, Lepidus. Pallas thought venomously.