13 October 20XX+1
My Dear Lucilius:
For reasons unknown to anyone but God, the sunrise was gloriously clear and cloud free this morning. Perfect weather for everyone to be able to make a trip into town for a judgment.
I can seldom think of a time that a breakfast has been less welcome to me. Pompeia Paulina did her best to dress it up with huckleberries in the oatmeal and even a precious cup of coffee (which was, to be fair delicious – how I miss the stuff), but darkness of the day overhung the meal.
I dressed in a formality I had likely not dressed in for over a decade; if I was to render a judgment, best to look as good as I could. Besides, after I rendered judgment, who knew what would happen after that.
It is best to dress for any occasion, even your own funeral.
Young Xerxes was there with his escort, seemingly beefed up from the previous two days before. The weapons were readily apparent this time, with no hint of hiding or concealing them. They made the walk from The Cabin to the makeshift courtroom as much ceremonial as they did protective.
The courtroom was packed, even more so than the previous two days. This was a big doing, likely the biggest in some time and I would swear to you that even outlying farms and ranches had sent a representative to watch. Not surprising I suppose; what happened here – like it or not – would define what we understood justice to be for the coming time.
The courtroom was packed with more guards as well – and to my surprise, I saw The Colonel and The Leftenant and Ox and half a dozen I knew by face only. How Young Xerxes had managed to pull this off was beyond me (although he did wear a smug smile when he realized I had seen them).
A great many things might happen just now. But wholesale murder now seemed much less likely.
“All Rise for the Honourable Judge Seneca” boomed Ox in a voice that defied restraint, pulling people out of their seats by its sheer force and rumble. They stood, all of them – the crowd in the back, Terentia and The Fashionable Woman and Cataline and The Advocate in front, as I passed with Pompeia Paulina on one side and Young Xerxes on the other – through them to the chair and table that served as my bench. Pompeia Paulina gave my hand a squeeze as she peeled off to her chair while Young Xerxes came behind me.
The gavel dropped twice. “Be seated” I spoke in a word almost two thirds less the volume of Ox.
The alacrity with which everyone dropped into their seat alarmed me.
“We are here today” I started “to determine the judgment of Cataline, accused of murder. I remind both sides that it was agreed to that this would be the format and venue agreeable to both; the expectation is that this judgment stands. To be clear, given the circumstances there is no appeal, no second judgment, no further actions. And certainly” I said, looking carefully from one side to the other, “no retribution”.
I shifted a bit in my seat – formal clothes, while looking nice, were never quite as comfortable as jeans. “I will start with the facts of the case. There was a killing. Cataline confesses to it. However, the facts reveal is that the killing was done in response to prevent a killing, that of Cataline by husband of Terentia. Had that happened, we would still be here to discuss a killing. Which seemingly is a problem in and of itself: no matter what, there apparently would have been a death.
We hold that a person has the right to protect themselves from act of being killed – Good Heavens, four months ago people in this room, myself included, walked out to prevent this very thing by people who were quite intent on stealing our things and taking our lives. No-one protested this, no-one said this was wrong. The intent to kill then by those that invaded was quite clear.
And in this case, the need to defend was not even the fault of the defendant: the intent to kill him – by Terentia’s husband – was to cover a self perceived loose end, a link to an self-embarrassing episode that was rooted in his own power and evil deeds. If an invader were to force us to surrender food or body for survival we would be offended and angry; it is even worse when it is done by one’s neighbor simply because that neighbor has the power to do so.”
I shifted again in my seat. “And yet, we have the fact of a death and the fact that now, every death has impact. Terentia’s husband, no matter his moral stature” – here I got an angry look from Terentia – “had value as a contributing member of this town, this social unit. His family has suffered a loss – ultimately self-inflicted by him, but impacting them as well.”
I sat up, ramrod straight. This was the moment I had been both dreading and preparing for.
“It is my judgment that in the case of the killing of Terentia’s husband by Cataline, it is determined to be self defense and there will be no further punishment. It is clear the man is punished enough by himself, and I cannot overlook the facts that brought him to the defense of his own life and that of his wife. I have never rewarded the exercise of power of the strong over the weak before and will not do so now.” The sob from the room could have only come from Cataline’s wife.
“But I recognize there is harm in the loss of Terentia’s husband” I continued. “It is therefore my judgment that beyond returning any and all goods that they may have given to them by Terentia’s husband, there be a payment on the value of his life. Given the circumstances that we live in and the acknowledged reason for the initial “gifts” given by Terentia’s husband was food, the assessment is 5 lbs of wheat.”
I slightly cleared my throat. “As the defendant likely cannot offer up this payment, I offer it up in his stead.” With that, I slammed the gavel down.
The room froze for a moment, then erupted into noise.
I cannot clearly tell you what happened next. The noise – angry shouting, the sound of Terentia’s voice rising above all – was in my ears. My view as blocked by Young Xerxes and a cordon of guards he had thrown around me as soon as the gavel hit. I tried to get up but he pushed me back in my chair. The circle only parted to allow Pompeia Paulina in, who simply grabbed my hand and hugged me in place.
I had, obviously, not discussed any of this with her. “It will be fine” she said in my ear in a voice that was strangely audible despite the shouting. “We can make do”.
By the time I was finally allowed to stand up, the courtroom had largely cleared. The Colonel and The Leftenant were gone along with the faces I had recognized – “to escort Cataline home” as Ox told me. Terentia and The Fashionable Woman were gone, having apparently stormed off. A few stragglers were there, perhaps hoping for some kind of last minute climax which was not to come.
I started to leave, then picked up the gavel and took it with me. Likely given this experience, no-one was going to ever ask me to adjudicate anything again, but one never knows.
I must confess, Lucilius, that the walk home was far different than I expected. I had thought I would be weighed down with sorrow. Instead, I felt a certain lightness in my soul. I had done the best I could, given the circumstances.
That is all that can really be asked of us.
Your Obedient Servant, Seneca
A good judgement and the application of wergild seems apt.
ReplyDeleteThat the Judge presiding paid the wergild is interesting. In both Viking and Feudal Japanese cultures such a Warlord action was to prevent two powerful families from feuding AND keep them loyal to the Warlord.
Is the boiling pot cooled or is other factors like the lack of food and heating fuel going to add trouble soon enough.
Lack of "Heating Fuel"? We live in a treed area. Aside from that lack of chainsaw fuel to process them only limbs are easy to get. A Large Pine Tree (insert species here) is pretty hard to cut down, cut to stove lengths, split into chunks for a year PLUS seasoning FOR those stoves.
In the pre-Petro fuel-electricity days communities (or at least families cooperating) used to work together to process things like firewood collection, Ice for ice houses., digging wells, digging root cellars and such.
The human energy+time needed for this task is also divided between seeking and processing food for the moment and the winter and STARVING Season aka Spring when gardens are planted and the some 90-120 days until THAT effort produces decent food.
Let ALONE the seemingly lack of leadership of the community to keep the focus and time (something they have limited amounts of given the many tasks ahead) of the community working together.
Leaders used to be chosen by their villages and "ruled" by consent.
Interesting.
Michael - Seneca, from what he writes, is inherent a man of peace (most martial artists that I have met, including myself, are; knowing the damage that one can do with something as simple as a hand or stick of wood makes one reticent to use violence recklessly). To that end, he seems to be willing to do almost anything to keep the peace.
DeleteThe payment of the fine - wergild is not an unreasonable comparison - removed any ability to complain about the judgment. There could be no claim it was not enough or put Cataline in a position to not be able to pay. Nor could anyone complain about not returning something of value.
Effective community leadership is why while Africa often had far easier environment for humans compared to the Fjords that one even today hasn't kept the areas around the village's barren by constant stripping of firewood bits and overharvesting of any available foods and the Norse having exploration and empires.
ReplyDeleteThis was and is a big problem in Iceland, or at least the after effects of it. Reforestation is happen now; maybe their grandchildren will see the results.
DeleteLooked that deforestation up.
DeleteAfter adjusting to the climate change bias of the article, it seems that the Vikings did indeed deforest much of Iceland of beech trees. Why? For farming mostly.
The Vikings brought in timber from "Vineland" instead of Norway because it was closer for actual building.
Iceland managed to grow it's own crops, and indeed even have trade goods shipped out for iron good.
Again, good leadership in a very harsh environment makes Iceland a modern nation state that doesn't require international food and technology aid to feed and shelter its population.
In Viking times (and beyond), the reclamation of wood washed up on the shore was cherished and contested right.
DeleteViking culture in Scandinavia was very wood based, so it is not surprising it went so quickly.
Iceland is a marvelous place to visit.
Wasn't considering that Seneca would insert himself into the equation but Michael's comment and your background does ring true. Seneca should carry a firearm from this day, better to have it and not need it than....well...you've probably heard that one too many times already. A fine post TB.
ReplyDeleteNylon12 - I do not know that I was either; Seneca surprised me again.
DeleteSeneca has carried a firearm in the past. Whether he does now or not on a regular basis is unclear to me - honestly, he is a little inexact about such details.
I think this chapter kept me on the edge of my seat more than any other. Seneca may have found himself a job.
ReplyDeleteNot so sure I agree with someone else paying the fine. It's noble on the one hand, but doesn't our actions need deterrents if they're going to change.
Wow Leigh - High praise indeed! Thank you!
DeleteOnce the "what" was decided in Seneca's mind, the next question was "who". I suspect to Seneca it was clear that no-one in the RV park would have the kind of resource that would be perceived as "fair", which would have led to its own set of issues. With him paying, likely there will be no complaint that the fine was not "enough"; I suspect no-one else would be wiling to contribute to it.
But yes, it is not a deterrent per se. Perhaps his thinking is that the killing in this case was clearly justified; future killings (also known as "murder") likely would not be.
One of the most cherished parts of our judicial system is that it judges us from a jury of our peers or in this case, a judge of our peer.
ReplyDeleteIndeed, Ed - although I have my own quibbles with a system that pushes potential jurors through a sieve looking for people (on both sides) that are most likely to come to the conclusion that they want. But to your point, even our magistrates and judges would not be considered "peers" in the sense of the word as you use it as the lives of the legal profession are very much removed from ours.
DeleteIn at least this, perhaps, Seneca was the best option available.
Thank you for a gripping story, TB - this initial resolution was well worth the wait!!!
ReplyDeleteAnd Seneca's way of dealing with the matter really hit home. He reminded me of Someone I've put my trust in Who paid a debt He didn't owe because I owed a debt I couldn't pay.
You are more than welcome. And you make me blush at the metaphor.
DeleteCompensation for a lost life according to the ancient Brehon law
ReplyDeleteInteresting, Kevin. I am not nearly as knowledgeable about Brehon law - but it certainly seemed like a sensible way to resolve such things.
DeleteWell done. The judgement was well thought out and just. Paying the judgement, I did not see that coming. Your path has given you wisdom, oh Seneca.
ReplyDeleteHope this doesn't finish the series, but I would understand if it did.
Thanks T_M!
DeleteI do not think even I saw the ending coming. Seneca holds his cards close until the end.
It would make a good ending, but Seneca seems to indicate the tale is not done.