"Of course it is, but no isolation can ever be complete, Publius. Our people still have contact with the outside world. And what we are discussing is an attitude. It's an abstraction, but it is all-pervasive, and it is beginning to affect us here in our sanctuary. We are sinking into lawlessness."
I still thought he was over-reacting, but I had no doubt of his sincerity. "Lawlessness," I responded, "that's a big word, Cay, and I don't think things are that serious. You said yourself it's only now beginning to concern you here."
"That's true, I did. So?"
"So what?"
"So what are you suggesting?"
He had taken me by surprise again. "Me? I'm not suggesting anything. Or if I am, I suppose it's that we should do something about it, find some way of stopping it."
"I see." His enigmatic smile was back in place. "And how does one stop lawlessness?"
I blinked at him, suddenly beginning to sense where this was leading, and becoming aware of an urgent need to consider seriously what I was saying. "By making new laws, I suppose... to replace the old ones."
"Exactly. And you don't think that's dangerous?" His smile was wider now but there was no humour in it.
I was nonplussed, unsure of my footing, conscious of deep waters ahead of me. "Dangerous? Not particularly. What's so dangerous about it?"
"Tell me, Publius, what's the difference between a rule, a regulation and a law?"
He had me floundering now, and I couldn't answer him because I didn't know the difference. I shrugged and he took pity on me, his mirthless smile intact as he continued.
"Would you agree that a rule is a relatively mild, informal guideline prepared by, say, a society or a guild for the governance of its members? Nothing too formal or demanding, except that refusal to abide by it might result in the member's being mildly disciplined or even, in the last resort, being asked by his peers to withdraw from the society?"
I nodded in agreement.
"And then, as a soldier, you know that a regulation is a much more stringent form of rule, laid down by the army, and disobedience to the regulation involves physical disciplining of the culprit under martial law. And the guarantee of punishment is supplied by the authority of the imperial legions? Agreed?"
Again I nodded.
He continued. "A law, on the other hand, is an absolute rule, drawn up by the State, and failure to abide by it draws down absolute punishment, administered resolutely and with the full power and majesty of the State behind it?"
"Agreed. That sums it up." My voice was very quiet.
"Very well, then, Publius. You were talking of making new laws for our Colony. Let's stay with the definitions we agreed upon. Now, did you mean rules? Regulations? Or were you really talking about laws? And whichever of them you meant, had you given any thought to how they might be drawn up? Or implemented? Or enforced?"
"Good God, Cay," I whispered, "I see what you mean."
"Do you, brother?" He took a deep swallow from his cup. "I wish I did."
I drank from my own cup, and suddenly the wine seemed flat and tasteless. "We don't have that kind of authority, do we?"
"No, Publius, we do not. Nor, I think, would we want it. We have power, in that we own this land, in common with the other villa-owners. As such, we control the Colony and are accepted as its leaders by the people who live here, but would we want those powers extended to embrace the power of life and death? I submit that neither you nor I, nor any of the others, would, or could, be comfortable with that kind of power."
"How so?" I was surprised again. "We've all held that power before, in the legions."
"Yes, but only as deputies."
"That's true, you're right. But we have to do something, if what you suspect is the truth. So what can we do? Where do we start?"
Caius got up and moved to the brazier to feed the fire. "We have begun. All we can do is talk about it and try to see some way to draw up a set of rules that all of us can live by. We have to assume the responsibility for being the catalytic force behind the movement, for while I have reason to fear what we are contemplating, there is no doubt in my mind that we are correct. And we will not be able to do this alone. The enormity of such arrogance would be self-destructive." He turned back to face me. "The laws exist already, that goes without saying. No need to invent new ones. But we lack the means of prosecution. We must have some means of enforcing the laws, Publius... and that is going to be a fearsome responsibility and a dreadful and daunting task."
"We'll have to set up some new kind of governing body."
"Absolutely. But it will also have to be a representative body. It can't be just you and me. The colonists would never accept that, nor would I wish them to. We could, however, extend the powers of the existing Council to cover legislation."
"You mean found a real Senate, along Roman lines?"
He grimaced. "Possibly. Something like that. That was our original intent, when we first talked of establishing a Council to govern the Colony."
I stood up now and moved closer to the brazier, extending my hands towards the heat. "I remember, but we decided against that degree of sophistication. Do you really believe we could go back to that now? It would be a major departure from all we've done since those days, Cay. A really big change. You think it could be done?"
"Of course it could, but it would have to be done in the right way, with the proper preparation and spirit."
"But what about enforcement? We'd still have to set up some form of disciplinary force. Our own soldiers?"
"Hardly, Publius. A military dictatorship?"
"What, then?"
"No idea. As I said, it's going to take a lot of talking and a lot of sober thought... But a strengthened Council, endowed with the bona fide senatorial authority to apprehend transgressors might be the answer... particularly if it were backed up by some form of tribunal..."
I could practically hear his mind clicking as he pursued the pros and cons of what he was saying.
"Yes, that might be it, Publius ... a tribunal... a systematic method of exercising the voice and judgment of the colonists, in conjunction with the Council. Public trials, and accountability for persons accused of public — even private — mischief. But no powers of life and death, none of that nonsense. Banishment only. The ultimate punishment would be banishment."
I was dubious. "You really think that would be enough of a deterrent to criminal behaviour?"
He grinned at me. "Today? Probably not. But in five or ten years from now, when the world has gone to Hades, who knows? Let's bring Luceiia in on this now. We could use her common sense."
I think none of us could really have suspected that the discussions begun that evening among the three of us would become the basis for the entire system of law throughout our growing domain in the years that stretched ahead, although that is exactly what happened.
Luceiia, when she joined us, dismissed most of our concerns about lawmaking as being premature. Cay, she pointed out, was the owner of the villa and its lands and ipso facto had an absolute right to determine the code of conduct for everyone living on those lands, as did the other villa-owners on theirs. The Council was a relatively new body and was functioning reasonably well in its current form. Best to let it continue as it was and to let its authority and its functions determine themselves with the passing of time. As the population of the Colony grew, the scope of the Council would expand naturally to reflect that growth. Cay and I exchanged glances and agreed with her; she was right again.
At one point she stopped talking quite abruptly and sat deep in thought for some time before glancing shrewdly at her brother and then at me.