When the Kalends of January arrived, Rome had no curule magistrates; the elections had not been held. On the last day of the old year Catulus had convened the Senate and informed it that on the morrow it would have to send the fasces to the temple of Venus Libitina and appoint the first interrex. This temporary supreme magistrate called the interrex held office for five days only as custodian of Rome; he had to be patrician, the leader of his decury of senators, and in the case of the first interrex, the senior patrician in the House. On the sixth day he was succeeded as interrex by the second most senior patrician in the House also leader of his decury; the second interrex was empowered to hold the elections. So at dawn on New Year's Day the Senate formally appointed Lucius Valerius Flaccus Princeps Senatus the first interrex and those men who intended to stand for election as consuls and praetors went into a flurry of hasty canvassing. The interrex sent a curt message to Lepidus ordering him to leave his army and return to Rome forthwith, and reminding him that he had sworn an oath not to turn his legions upon his colleague. At noon on the third day of Flaccus Princeps Senatus's term, Lepidus sent back his reply.
I would remind you, Princeps Senatus, that I am now proconsul, not consul. And that I kept my oath, which does not bind me now I am proconsul, not consul. I am happy to give up my consular army, but would remind you that I am now proconsul and was voted a proconsular army, and will not give up this proconsular army. As my consular army consisted of four legions and my proconsular army also consists of four legions, it is obvious that I do not have to give up anything. However, I am willing to return to Rome under the following circumstances: that I am re elected consul; that every last iugerum of sequestrated land throughout Italy be returned to its original owner; that the rights and properties of the sons and grandsons of the proscribed be restored to them; and that their full powers be restituted to the tribunes of the plebs.
"And that," said Philippus to the members of the Senate, "should tell even the densest senatorial dunderhead what Lepidus intends! In order to give him what he demands, we would have to tear down the entire constitution Lucius Cornelius Sulla worked so hard to establish, and Lepidus knows very well we will not do that. This answer of his is tantamount to a declaration of war. I therefore beseech the House to pass its senatus consultant de re publica defendenda." But this required impassioned debate, and so the Senate did not pass its Ultimate Decree until the last day of Flaccus's term as first interrex. Once it was passed the authority to defend Rome against Lepidus was formally conferred upon Catulus, who was ordered to return to his army and prepare for war. On the sixth day of January, Flaccus Princeps Senatus stood down and the Senate appointed its second interrex, who was Appius Claudius Pulcher, still lingering in Rome recovering from his long illness. And since Appius Claudius was actually feeling much better, he flung himself into the task of convening the Centuriate Assembly and holding the curule elections. These would occur, he announced, within the Servian Walls on the Aventine in two days' time, this site being outside the pomerium but adequately protected from any military action by Lepidus. "It's odd," said Catulus to Hortensius just before he left for Campania, "that after so many years of not enjoying the privilege of free choice in the matter of our magistrates, we should find it so difficult to hold an election at all. Almost as if we were drifting into the habit of allowing someone to do everything for us, like a mother for her babies." "That," said Hortensius in freezing tones, "is sheer fanciful claptrap, Quintus! The most I am prepared to concede is that it is an extraordinary coincidence that our first year of free choice in the matter of our magistrates should also throw up a consul who ignored the tenets of his office. We are now conducting these elections, I must point out to you, and the governance of Rome will proceed in future years as it was always intended to proceed!" "Let us hope then," said Catulus, offended, "that the voters will choose at least as wisely as Sulla always did!" But it was Hortensius who had the last word. "You are quite forgetting, my dear Quintus, that it was Sulla chose Lepidus!" On the whole the leaders of the Senate (including Catulus and Hortensius) professed themselves pleased with the wisdom of the electors. The senior consul was an elderly man of sedentary habit but known ability, Decimus Junius Brutus, and the junior consul was none other than Mamercus. Clearly the electors held the same high opinion of the Cottae as Sulla had, for last year Sulla had picked Gaius Aurelius Cotta as one of his praetors, and this year the voters returned his brother Marcus Aurelius Cotta among the praetors; the lots made him praetor peregrinus. Having remained in Rome to see who was returned, Catulus promptly offered supreme command in the war against Lepidus to the new consuls. As he expected, Decimus Brutus refused on the grounds of his age and lack of adequate military experience; it was Mamercus who was bound to accept. Just entering his forty fourth year, Mamercus had a fine war record and had served under Sulla in all his campaigns. But unforeseen events and Philippus conspired against Mamercus. Lucius Valerius Flaccus the Princeps Senatus, colleague in the second last consulship of Gaius Marius, dropped dead the day after he stepped down from office as first interrex, and Philippus proposed that Mamercus be appointed as a temporary Princeps Senatus. "We cannot do without a Leader of the House at this present time," Philippus said, "though it has always been the task of the censors to appoint him. By tradition he is the senior patrician in the House, but legally it is the right of the censors to appoint whichever patrician senator they consider most suitable. Our senior patrician senator is now Appius Claudius Pulcher, whose health is not good and who is proceeding to Macedonia anyway. We need a Leader of the House who is young and robust and present in Rome! Until such time as we elect a pair of censors, I suggest that we appoint Mamercus Aemilius Lepidus Livianus as a caretaker Princeps Senatus. I also suggest that he should remain within Rome until things settle down. It therefore follows that Quintus Lutatius Catulus should retain his command against Lepidus." "But I am going to Nearer Spain to govern!" cried Catulus. "Not possible," said Philippus bluntly. "I move that we direct our good Pontifex Maximus Metellus Pius, who is prorogued in Further Spain, to act as governor of Nearer Spain also until we can see our way clear to sending a new governor." As everyone was in favor of any measure which kept the stammering Pontifex Maximus a long way from Rome and religious ceremonies, Philippus got his way. The House authorized Metellus Pius to govern Nearer Spain as well as his own province, made Mamercus a temporary Princeps Senatus, and confirmed Catulus in his command against Lepidus. Very disappointed, Catulus took himself off to form up his legions in Campania, while an equally disappointed Mamercus remained in Rome.
Three days later word came that Lepidus was mobilizing his four legions and that his legate Brutus had gone to Italian Gaul to put its two garrison legions at Bononia, the intersection of the Via Aemilia and the Via Annia, where they would be perfectly poised to reinforce Lepidus. Still toying with revolt because they had suffered the loss of all their public lands, Clusium and Arretium could be expected to offer Brutus every assistance in his march to join Lepidus and to block any attempt by Catulus to prevent his joining up with Lepidus. Philippus struck. "Our supreme commander in the field, Quintus Lutatius Catulus, is still to the south of Rome has not in fact yet left Campania. Lepidus is moving south from Saturnia already," said Philippus, "and will be in a position to stop our commander in chief sending any of his troops to deal with Brutus in Italian Gaul. Besides which, I imagine our commander in chief will need all four of his legions to contain Lepidus himself. So what can we possibly do about Brutus, who holds the key to Lepidus's success in his hands? Brutus must be dealt with and dealt with smartly! But how? At the moment we have no other legions under the eagles in Italy, and the two legions of Italian Gaul belong to Brutus. Not even a Lucullus were he still in Rome instead of on his way to govern Africa Province could assemble and mobilize at least two legions quickly enough to confront Brutus."
The House listened gloomily, having finally been brought to realize that the years of civil strife were not over just because
Sulla had made himself Dictator and striven mightily with his laws to stop another man from marching on Rome. With Sulla not dead a year yet, here was another man coming to impose his will upon his hapless country, here were whole tracts of Italy in arms against the city the Italians had wanted to belong to so badly in every way. Perhaps there were some among the voiceless ranks who were honest enough to admit that it was largely their own fault Rome was brought to this present pass; but if there were, not one of them spoke his thoughts aloud. Instead, everyone gazed at Philippus as if at a savior, and trusted to him to find a way out. "There is one man who can contain Brutus at once," said Philippus, sounding smug. "He has his father's old troops and indeed his own old troops! working for him on his estates in northern Picenum and Umbria. A much shorter march to Brutus than from Campania! He has been Rome's loyal servant in the past, as was his father Rome's loyal servant before him. I speak, of course, of the young knight Gnaeus Pompeius Magnus. Victor at Clusium, victor in Sicily, victor over Africa and Numidia. It was not for nothing that Lucius Cornelius Sulla permitted this young knight to triumph! This young knight is our brightest hope! And he is in a position to contain Brutus within days!" The newly appointed temporary Princeps Senatus and junior consul shifted on his curule chair, frowning. "Gnaeus Pompeius is not a member of the Senate," Mamercus said, "and I cannot like the idea of giving any kind of command to someone outside our own." "I agree with you completely, Mamercus Aemilius!" said Philippus instantly. "No one could like it. But can you offer a better alternative? We have the constitutional power in times of emergency to look outside the Senate for our military answer, and this power was given to us by none other than Sulla himself. No more conservative man than Sulla ever lived, nor a man more attached to the perpetuation of the mos maiorum. Yet he it was who foresaw just this present situation and he it was who provided us with an answer." Philippus stayed by his stool (as Sulla had directed all speakers must), but he turned around slowly in a circle to look at the tiers of senators on both sides of the House. As orator and presence he had grown in stature since the time when he had set out to ruin Marcus Livius Drusus; these days there were no ludicrous temper tantrums, no storms of abuse. "Conscript Fathers," he said solemnly, "we have no time to waste in debate. Even as I speak, Lepidus is marching on Rome. May I respectfully ask the senior consul Decimus Junius Brutus to put a motion before the House? Namely, that this body authorize the knight Gnaeus Pompeius Magnus to raise his old legions and march to contend with Marcus Junius Brutus in the name of the Senate and People of Rome. Further, that this body confer a propraetorian status upon the knight Gnaeus Pompeius Magnus." Decimus Brutus had opened his mouth to consent when Mamercus prevented him, one hand on the senior consul's arm. "I will agree to your putting that motion before the House for a vote, Decimus Junius," he said, "but not until Lucius Marcius Philippus has clarified one phrase he used in wording his motion! He said, 'to raise his old legions' instead of specifying how many legions! No matter how stellar Gnaeus Pompeius's military record might be, he is not a member of the Senate! He cannot be given the authority to raise legions in Rome's name to however many he may himself consider enough. I say that the motion must specify the exact number of legions this House authorizes Gnaeus Pompeius to raise, and I say further that the number of legions be limited to two. Brutus the governor of Italian Gaul has two legions of relatively inexperienced soldiers, the permanent garrison of that province. It ought not to take more than two legions of hoary old Pompeian veterans to deal with Brutus." This perceptive opposition did not please Philippus, but he deemed it wise to accede; Mamercus was of that slow and steady kind who somehow always managed to accumulate a lot of senatorial clout and he was married to Sulla's daughter. "I beg the House's pardon!" cried Philippus. "How sloppy of me! And I thank our esteemed Princeps Senatus and junior consul for his timely intervention. I meant to say two legions, of course. Let the motion be put to the House, Decimus Junius, with that exact number of legions." The motion was put, and the motion was passed without one single dissenting voice. Cethegus had raised his arms above his head in a stretch and a yawn, the signal to all his followers on the back benches that they were to vote in the affirmative. And because the motion dealt with war, the senatorial resolution carried the force of law with it; in war and in foreign matters the various Assemblies of the Roman People no longer had a say.
* * *
It was, after all that political maneuvering, a hasty and pathetic little war, hardly deserving of the name. Even though Lepidus had started out to march on Rome considerably earlier than Catulus left Campania, still Catulus beat him to Rome and occupied the Campus Martius. When Lepidus did appear across the river in Transtiberim (he had come down the Via Aurelia), Catulus barred and garrisoned all the bridges, and thereby forced Lepidus to march north to the Mulvian Bridge. Thus it was that the two armies came to grips on the northeastern side of the Via Lata under the Servian Walls of the Quirinal; in that place most of the fighting occurred. Some fierce clashes of arms elevated the battle beyond a rout, but Lepidus turned out to be a hopeless tactician, incapable of deploying his men logically and quite incapable of winning. An hour after the two sides met, Lepidus was in full retreat back to the Mulvian Bridge, with Catulus in hot pursuit. North of Fregenae he turned and fought Catulus again, but only to secure his flight to Cosa. From Cosa he managed to escape to Sardinia, accompanied by twenty thousand of his foot soldiers and fifteen hundred cavalry troopers. It was his intention to restructure his army in Sardinia, then return to Italy and try again. With him went his middle son, Lucius, the Carboan ex governor Marcus Perperna Veiento, and Cinna's son. But Lepidus's eldest son, Scipio Aemilianus, declined to leave Italy. Instead he barricaded himself and his legion inside the old and formidable fortress on the Alban Mount above Bovillae, and there withstood siege. The much publicized return to Italy from Sardinia never came to pass. The governor of Sardinia was an old ally of Lucullus's, one Lucius Valerius Triarius, and he resisted Lepidus's occupation bitterly. Then in April of that unhappy year Lepidus died still in Sardinia; his troops maintained that what killed him was a broken heart, mourning for his dead wife. Perperna Veiento and Cinna's son took ship from Sardinia to Liguria, and thence marched their twenty thousand foot and fifteen hundred horse along the Via Domitia to Spain and Quintus Sertorius. With them went Lucius, Lepidus's middle son. The eldest son, Scipio Aemilianus, proved the most militarily competent of the rebels, and held out in Alba Longa for some time. But eventually he was forced to surrender; following orders from the Senate, Catulus executed him. If ignominy was to set the standard of events, Brutus fared far the worst. While ever he heard nothing from Lepidus he held his two legions in Italian Gaul at the major intersection of Bononia; and thus allowed Pompey to steal a march on him. That young man (now some twenty eight years old) had of course already been mobilized when Philippus secured him his special commission from the Senate. But instead of bringing his two legions up from Picenum to Ariminum and then inland along the Via Aemilia, Pompey chose to go down the Via Flaminia toward Rome. At the intersection of this road with the Via Cassia north to Arretium and thence to Italian Gaul, he turned onto the Via Cassia. By doing this he prevented Brutus from joining Lepidus had Brutus ever really thought he might. When he heard of Pompey's approach up the Via Cassia, Brutus retreated into Mutina. This big and extremely well fortified town was stuffed with clients of the Aemilii, Lepidus as well as Scaurus. It therefore welcomed Brutus gladly. Pompey duly arrived; Mutina was invested. The city held out until Brutus heard of the defeat and flight of Lepidus, and his death in Sardinia. Once it became clear that Lepidus's troops were now absolutely committed to Quintus Sertorius in Spain, Brutus despaired. Rather than put Mutina through any further hardship, he surrendered. "That was sensible," said Pompey to him after Pompey had entered the city. "Both sensible and expedient," said Brutus wearily. "I fear, Gnaeus Pompeius, that I am not by nature a martial man." "That's true." "I will, however, go to my death with grace." The beautiful
blue eyes opened even wider than usual. ' To your death?'' asked Pompey blankly. ' There is no need for that, Marcus Junius Brutus! You're free to go." It was Brutus's turn to open his eyes wide. "Free? Do you mean it, Gnaeus Pompeius?" "Certainly!" said Pompey cheerfully. "However, that does not mean you're free to raise fresh resistance! Just go home." "Then with your permission, Gnaeus Pompeius, I will proceed to my own lands in western Umbria. My people there need calming." "That's fine by me! Umbria is my patch too." But after Brutus had ridden out of Mutina's western gate, Pompey sent for one of his legates, a man named Geminius who was a Picentine of humble status and inferior rank; Pompey disliked subordinates whose station in life was equal to his own. "I'm surprised you let him go," said Geminius. "Oh, I had to let him go! My standing with the Senate is not yet so high that I can order the execution of a Junius Brutus without overwhelming evidence. Even if I do have a propraetorian imperium. So it's up to you to find that overwhelming evidence." "Only tell me what you want, Magnus, and it will be done." "Brutus says he's going to his own estates in Umbria. Yet he's chosen to head northwest on the Via Aemilia! I would have said that was the wrong way, wouldn't you? Well, perhaps he's heading cross country. Or perhaps he's looking for more troops. I want you to follow him at once with a good detachment of cavalry five squadrons ought to be enough," said Pompey, picking his teeth with a thin sliver of wood. I suspect he's looking for more troops, probably in Regium Lepidum. Your job is to arrest him and execute him the moment he seems treasonous. That way there can be no doubt that he's a double traitor, and no one in Rome can object when he dies. Understood, Geminius?'' "Completely." What Pompey did not explain to Geminius was the ultimate reason for this second chance for Brutus. Kid Butcher was aiming for the command in Spain against Sertorius, and his chances of getting it were much greater if he could find an excuse for not demobilizing. Could he make it appear that Italian Gaul was potentially rebellious right along the length of the Via Aemilia, then he had every excuse for lingering there with his army now that the war was over. He would be far enough away from Rome not to seem to present any threat to the Senate, yet he would still be under arms. Ready to march for Spain. Geminius did exactly as he was told. When Brutus arrived in the township of Regium Lepidum some distance to the northwest of Mutina, he was welcomed joyfully. As the name of the place indicated, it was populated by clients of the Aemilii Lepidi, and naturally it offered to fight for Brutus if he wished. But before Brutus could answer, Geminius and his five squadrons of cavalry rode in through the open gates. There in the forum of Regium Lepidum, Geminius publicly adjudged Marcus Junius Brutus an enemy of Rome, and cut his head off. Back went the head to Pompey in Mutina, together with a laconic message from Geminius to the effect that he had surprised Brutus in the act of organizing a fresh insurrection, and that in Geminius's opinion Italian Gaul was unstable. Off went Pompey's report to the Senate:
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