Appius Terentius was suffering from a bad bout of lung inflammation (or so his medics had informed him) and Tiberius being absent and the court case being over before it began was welcomed somewhat by Appius (IRL my laptop has crashed and I need to by a new one. This a mates laptop)

But Appius was sad nevertheless not to present his speech, but this would not stop him.

Appius was sitting in his study, a glass of boiling honey water on his desk kindly given to him by Ianthe. He was wrapped in two thick wollen togas and was giving Fictitious some scrolls.
"Take this, it is my defence speech" Appius coughed "pin it to the walls around the Forum so people can see it"

Fictitious, was still afraid of Appius, despite the illness, and even seemed to nod with a stutter, and almost sprinted out of the room to his task.

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“Members of the jury, I draw your attention to the 12 tables. (*he held the sheets in the air*) These ancient and pious tablets hold inscribed the words of our ancestors who set the bar for our great Republic. Within these tables, our Roman law has stated that the Paterfamilias word is “absolute and final”. Both Lucius and D Faustus remain under their father’s authority since he is still alive and in full mental capacity. He is still head of the family, ruler of his house and has the full backing of Roman law stating that his word is final. Blind he may be but I think that is hardly relevant to ones mental competence.
Therefore D.Faustus has no grounds for any case since it goes directly against the wishes and intentions of his paterfamilias, and more importantly honoured council, against the laws of the 12 tables and the wishes and intentions of the pious Romans who founded those 12 tables and the basis of our justice system.


The prosecution would claim that their father is blind and therefore not sound in his judgement. (*Walk to the door of the courtroom and point with an outstretched arm to the Horizon*). I am pointing gentleman, to the Appian way. This is the greatest monument ever raised to human liberty. A symbol of Roman might which bears the footprints of every Roman since its creation and the footprints of every Roman yet to come, and it is the work of Appius Claudius THE BLIND. He was blind, and yet managed to undertake such a project that we and all foreign travellers use. Not only did he undertake this task, he achieved it, achieved one of the greatest civil projects every constructed by man. Blindness it seems is not a bar in anyway to someone’s ability or state of mind.
I do not see that sight is in any way a measurement of someone’s capacity, especially at recognising their own son. If anything it puts greater reliance on ones other senses, and so one can be doubly sure that this is indeed Lucius Faustus, since their father has to make that judgement without the use of his eyes. By not having his eyes, it makes his conviction that this is indeed his son all the more believable because he is so sure of his other senses and so sure that this is his son that he needs not even see him to know that it is him.

Lucius Faustus is a brave legionary. He has fought many enemies of Roma in the east. (*Walk to him and roll the sleeves of Lucius’ tunic up to his shoulders. Holding back the rolls of material thrust Lucius’ arm out to the crowd*) He bears scars that will stay with him forever, and he has grown brown under the hot Eastern sun fighting for Roma. One can only imagine at the hardships he will have suffered and overcome asking nothing in return. Is his reward upon his return to the nation of his heart and source of his unbound duty, to be brought up in court to defend himself? His homecoming should have been one of joy and thanks for his safe return, yet we are here in this crowded courtroom instead. Hardly fitting for a brave soldier of Roma is it. Would you have such a homecoming for a fine soldier?

And where was D.Faustus while his brother was fighting? While one brother shed blood and sweat for the citizens of Roma, his own brother remained here, drinking and gambling away most like. How can we stand by this brother? How can we stand by him and not Lucius who has spent the years of his life in the service of the Republic by fighting in the East. Will you members of the jury side with the idle stay at home brother, or the one who fought for us, for Roma’s beliefs and Roma’s safety? Will you side with the legionary and the embodiment of virtue and of selfish altruism in the name of Roma? Or will you side with the redundant and inactive brother, the man who shunned his duty to Roma and stayed at home in the comfort of the arms of the city?

It is little wonder D.Faustus does not want his brother to return, for *this* man (*points at D Faustus*) has fritted away the family fortune! D. would have indeed preferred it if his brother had remained in the East which is why he stands here and declares that he has not come back. But he has! By the words of his father and his wife he has returned. He stands by you now, a weary soldier who only wants to return to his family. Yet due to his brothers spendthrift layabout attitude, and his brothers only hope of keeping his layabout lifestyle slipping away, Lucius is forced to defend the very person he is!

To close, I would like to remind the jury of the service to Roma this soldier has given whilst his brother stays in Roma. I would like to ask you all if this is the homecoming all soldiers in Roma can expect when they return? To defend that they are indeed who they say they are.
D claims here today are also nothing more than a shameless grab at the family fortune he himself would inherit if Lucius was not around. He is a man whose prosecution is based solely on the realisation that if Lucius has returned, then the family fortune cannot be claimed by him. How one can take the words of a bias opinion over that of an honest soldier is ludicrous. Not only that, but I’m sure our other legionaries in Gaul and in Africa may start to wonder if they too should come home in to protect their family fortunes and their name. Finding Lucius guilty today is hardly the precedent one wants to set for our soldiers in Gaul is it? I am sure it would hardly go down very well with them.
Lastly, and most importantly, I would remind you all that their father is still head of the family. He is still alive and in full mental capacity and has the complete mental wherewithal to make informed decisions. Blindness as we have seen is not proof of a mans character or judgement, and their father is still a capable Paterfamilias. As a result, his word is final. His word is binding in law. Binding in law gentlemen! His word also carries the weight and backing of every Roman who witnessed the twelve tables unveiling and every Roman who has followed their laws since. His recognition of Lucius as his son is not only the most important point in my defence, but a cast iron one. He is the head of the family, the Pater Familias who has recognised Lucius as his rightful son. There is absolutely nothing more which needs to be said than this.

Thank you Gentlemen of the court.”

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