“Tell us more, Servilia,” said Lepidus, not understanding what she was saying. “Catulus is girding himself for what war? Nearer Spain? He’s to go there as governor next year, complete with a new army. So I suppose it’s not illogical that he’s—er, girding himself for war, as you put it.”
“This war has nothing to do with Spain or Sertorius,” said Brutus’s wife. “Catulus is talking of war in Etruria. According to Hortensia, he’s going to start persuading the Senate to arm more legions to deal with the unrest there.”
Lepidus sat up straight on the lectus medius. ”But that’s insanity! There is only one way to keep the peace in Etruria, and that’s to give its communities back a good proportion of what Sulla took away from them!”
“Are you in touch with any of the local leaders in Etruria?” asked Servilia.
“Of course.”
“The diehards or the moderates?”
“The moderates, I suppose, if by diehards you mean the leaders of places like Volaterrae and Faesulae.”
“That’s what I mean.”
“I thank you for your information, Servilia. Rest assured, I will redouble my efforts to settle matters in Etruria.”
*
Lepidus did redouble his efforts, but could not prevent Catulus from exhorting the house to start recruiting the legions he believed would be necessary to put down the brewing revolt in Etruria. Servilia’s timely warning, however, enabled Lepidus to canvass support among the pedarii and the senior backbenchers like Cethegus; the House, listening to Catulus’s impassioned diatribe, was lukewarm.
“In fact, Quintus Lutatius,” said Cethegus to Catulus, “we are more concerned about the lack of amity between you and our senior consul than we are about hypothetical revolts in Etruria. It seems to us that you have adopted an inflexible policy of opposing whatever our senior consul wants. I find that sad, especially so soon after Lucius Cornelius Sulla went to so much trouble to forge new bonds of co-operation between the various members and factions within the Senate of Rome.”
Squashed, Catulus subsided. Not, as it turned out, for very long. Events conspired to make him seem right and to kill any chance Lepidus had of obtaining that elusive senatus consultum for his law giving back much of the sequestrated lands. For at the end of June the dispossessed citizens of Faesulae attacked the soldier settlements all around it, threw the veterans off their allotments, and killed those who resisted.
The deaths of several hundred loyal Sullan legionaries could not be ignored, nor could Faesulae be allowed to get away with outright rebellion. At a moment when the Senate should have been turning its attention toward preparing for the elections to be held in Quinctilis, the Senate forgot all about elections. The lots had been cast to determine which consul would conduct the curule balloting (they fell upon Lepidus), this being a new part of Sulla’s constitution, but nothing further was done. Instead, the House instructed both consuls to recruit four new legions each and proceed to Faesulae to put the insurrection down.
The meeting was preparing to break up when Lucius Marcius Philippus rose and asked to speak. Lepidus, who held the fasces for the month of Quinctilis, made his first major mistake: he decided to allow Philippus to have his say.
“My dear fellow senators,” said Philippus in stentorian tones, “I beg you not to put an army into the hands of Marcus Aemilius Lepidus! I do not request. I do not ask. I beg! For it is plain to me that our senior consul is plotting revolution—has been plotting revolution ever since he was inaugurated! Until our beloved Dictator died, he did and said nothing. But the moment our beloved Dictator died, it started. He refused to countenance the voting of State funds to bury Sulla! Of course he lost—but I for one never believed he thought he could win! He used the funeral debate as a signal to all his supporters that he was about to legislate treasonous policies. And he proceeded to legislate treasonous policies! He proposed to give back sequestrated lands to people who had deserved to lose them! And when this body stalled, he sought the adulation of every Class lower than the Second by a trick every demagogue has used, from Gaius Gracchus to Lepidus’s father-in-law Saturninus—he legislated cheap State grain! Rome was not supposed to vote money to honor the dead body of her greatest citizen—oh, no! But Rome was supposed to spend far more of her public money to dower her worthless proletarii with cheap grain—oh, yes!”
Lepidus was not the only man stunned by this attack; the whole House was sitting bolt upright in shock. Philippus swept on.
“Now, my fellow senators, you want to give this man four legions and send him off to Etruria? Well, I refuse to let you do that! For one thing, the curule elections are due to be held shortly and the lot fell upon him to hold them. Therefore he must remain in Rome to do his duty, not go haring off to raise an army! I remind you that we are about to hold our first free elections in some years, and that it is imperative we hold them on time and with due legality. Quintus Lutatius Catulus is perfectly capable of recruiting and waging war against Faesulae and any other Etrurian communities which may choose to side with Faesulae. It is against Sulla’s laws for both consuls to be absent from Rome in order to wage war. Indeed, it was to prevent that from happening that our beloved Dictator incorporated his clause about the specially commissioned command into his opus! We have been provided with the constitutional means to give command in our wars to the most competent man available, even if he is not a member of the Senate. Yet here I find you giving a vital command to a man who has no decent war record! Quintus Lutatius is tried and true, we know him to be competent in military matters. But Marcus Aemilius Lepidus? He’s unversed and unproven! He is also, I maintain, a potential revolutionary. You cannot give him legions and send him to wage war in an area where the words out of his own mouth have indicated a treasonous interest in favoring that area over Rome!”
Lepidus had listened slack—jawed to the opening sentences of this speech, but then with sudden decision had turned to his clerk and snatched the wax tablet and stylus from those hands; for the remainder of the time Philippus spoke he took notes. Now he rose to answer, the tablet held where he could refer to it.
“What is your motive in saying these things, Philippus?” he asked, not according Philippus the courtesy of his full name. “I confess myself at a loss to divine your motive—but you have one, of that I am sure! When the Great Tergiversator rises in this House to deliver one of his magnificently worded and delivered speeches, rest assured there is always a hidden motive! Some fellow is paying him to turn his toga yet again! How rich he has become!—how fat!—how contented!—how sunk in a private mire of voluptuousness!—and always in the pay of some creature who needs a senatorial mouthpiece!”
The wax tablet was lifted a little; Lepidus glared sternly across its top at the silent senators. Even Catulus, a glance in his direction showed, was flabbergasted by Philippus’s speech. Whoever was behind him, it was definitely not Catulus or any member of his faction.
“I will deal with Philippus’s points in order, Conscript Fathers. One, my passivity before the Dictator died. That is not true! As everyone here knows! Cast your minds back!
“Two, the voting of public funds to pay for the Dictator’s funeral. Yes, I was opposed. So were many other men. And why not? Are we to have no voices?
“As for—three—my opposition being a signal to my—do I have any?—supporters that I would undo everything Lucius Cornelius Sulla knitted up—what absolute rubbish! I have attempted to have two laws enacted and succeeded with one alone. But have I given the slightest indication to anybody that I intend to overturn Sulla’s entire body of laws? Have you heard me criticizing the new court system? Or the new regulations governing the public servants? The Senate? The election process? The new treason laws restraining the actions of provincial governors? The restricted functions of the Assemblies? Even the severely curtailed tribunate of the plebs? No, Conscript Fathers, you have not! Because I do not intend to tamper with these provisions!’’
The last sentence was thundere
d out, so much so that not a few of the men who listened jumped. He paused to allow everyone to recover, then pressed on.
“Four, the allegation that my law returning some sequestrated lands—some, not all!—to their original owners is a treasonous one. That too is rubbish. My lex Aemilia Lepida does not say that any confiscated lands belonging to genuinely treasonous towns or districts should be given back. It concerns only lands belonging to places whose participation in the war against Carbo was innocent or involuntary.”
Lepidus dropped his voice, put much feeling into it. “My fellow senators, stop to think for a moment, please! If we are to see a truly united and properly Roman Italy, we must cease to inflict the old penalties we imposed upon the Italian Allies upon men who under the law are now as Roman as we are ourselves! If Lucius Cornelius Sulla erred anywhere, it was in that. In a man of his age it was perhaps understandable. But it is unpardonable for the majority of us, at least twenty years his junior, to think along the same lines he did. I remind you that Philippus here is also an old man, with an old man’s outmoded prejudices. When he was censor he displayed his prejudices flagrantly by refusing to do what Sulla in actual fact did do—distribute the new Roman citizens right across the thirty-five tribes.”
He was beginning to sway them, for indeed this was a much younger body than it had been ten years ago. Feeling the worst of his anxiety lift, Lepidus continued.
“Five, my grain law. That too righted a very manifest wrong. I believe that had Lucius Cornelius Sulla stayed on as the Dictator for a longer period of time, he would have seen this for himself and done what I did—legislated to return cheap grain to the lower classes. The grain merchants were greedy. None can deny it! And indeed this body was wise enough to see the good sense behind my grain law, for you authorized its passage, and thus removed the likelihood that with this coming harvest Rome might have seen violence and riots. For you cannot take away from the common people a privilege that has been with them long enough for them to assume it is a right!
“Six, my function as the consul chosen by lot to supervise the curule elections. Yes, the lot did fall upon me, and under our new constitution that means I alone can officiate at the curule elections. But, Conscript Fathers, it was not I who asked to be directed to take four legions and put down the revolt at Faesulae as my first order of business! It was you directed me! Of your own free will! Unsolicited by me! It did not occur to you—nor did it occur to me!—that business of the nature of the curule elections should take precedence over open revolt within Italy. I confess that I assumed I was first to help put down open revolt, and only then hold the curule elections. There is plenty of time before the end of the year for elections. After all, it is only the beginning of Quinctilis.
“Seven, it is not expressly against the laws of Sulla that both consuls should be absent from Rome in order to wage war. Even to wage war outside Italy. According to Lucius Cornelius Sulla, the first duty of the consuls is to care for Rome and Italy. Neither Quintus Lutatius Catulus nor I will be exceeding his authority. The clause providing for the specially commissioned non—senatorial commander can only be brought into being if the legally elected magistrates and all other competent senators are not available to wage war.
“And finally, point number eight,” said Lepidus. “How am I less qualified to command in a war than Quintus Lutatius Catulus? Each of us last saw service during the Italian War, as legates. Neither of us left Rome during the years of Cinna and Carbo. Both of us maintained an honest and obdurate neutrality which Lucius Cornelius Sulla most definitely did not punish us for—after all, here we are, his last pair of personally chosen consuls! Our military experience is much of a muchness. There is nothing to say which of us may shine the brighter in the field against Faesulae. It is in Rome’s interests to hope that both of us shine with equal brightness, is it not?
Normal Roman practice says that if the consuls are willing to assume the mantle of military command at the directive of the Senate, then the consuls must do so. The consuls were so directed by the Senate. The consuls have done so. There is no more to be said.”
But Philippus was not done. Displaying neither frustration nor anger, smoothly and reasonably he turned the debate around into a lament against the obvious enmity which had flared between the consuls, and labored this point through what seemed like half a hundred concrete examples from mere asides to major clashes. The sun had set (which meant that technically the Senate had to end its deliberations), but both Catulus and Lepidus were unwilling to postpone a decision until the following day, so the clerks of the House kindled torches and Philippus droned on. It was very well done. By the time that Philippus reached his peroration, the senators would have agreed to practically anything to be allowed to go home for food and sleep.
“What I propose,” he said at last, “is that each of the consuls swears an oath to the effect that he will not turn his army into an instrument of personal revenge against the other. Not a very big thing to ask! But I for one would rest easier if I knew such an oath had been taken.”
Lepidus rose to his feet wearily. “My personal opinion of your proposal, Philippus, is that it is without a doubt the silliest thing I have ever heard of! However, if it will make the House any happier and allow Quintus Lutatius and me to go about our tasks more expeditiously, then I for one am willing to swear.”
“I am in full accord, Marcus Aemilius,” said Catulus. “Now may we all go home?”
*
“What do you think Philippus was up to?” asked Lepidus. of Brutus over dinner the following day.
“Truly I do not know,” said Brutus, shaking his head.
“Have you any idea, Servilia?” the senior consul asked.
“Not really, no,” she answered, frowning. “My husband gave me a general outline of what had been said last night, but I might be able to learn more if you could possibly provide me with a copy of the verbatim proceedings—that is, if the clerks took them down.”
So high had Lepidus’s opinion of Servilia’s political acumen become that he saw nothing untoward in this request, and agreed to give her the document on the morrow before he left Rome to recruit his four legions.
“I am beginning to think,” said Brutus, “that you stand no chance to improve the lot of the Etrurian and Umbrian towns which weren’t directly involved in Carbo’s war. There are just too many men like Philippus in the Senate, and they don’t want to hear what you have to say.”
The pacifying of at least some of the Umbrian districts mattered to Brutus, who was the largest landowner in Umbria after Pompey; he wanted no soldier settlements adjoining his own lands. These were mostly around Spoletium and Iguvium, two areas already sequestrated. That they had not yet received any veteran settlers was due to two factors: the torpor of the commissions set up to deal with apportionment, and the departure of fourteen of Sulla’s old legions for service in the Spains twenty months ago. It was only this second factor had enabled Lepidus to bring on his legislation; had all twenty-three of Sulla’s legions remained in Italy to be demobilized as originally planned, then Spoletium and Iguvium would have seen their full complement of veterans already.
“What Philippus had to say yesterday was an absolute shock,” said Lepidus, flushing with anger at the memory of it. “I just can’t believe those idiots! I truly thought that when I answered Philippus, I would win them around—I spoke good sense, Servilia, plain good sense! And yet they let Philippus bluff them into extracting that ridiculous oath we all had to swear this morning up in Semo Sancus Dius Fidius!”
“Which means they’re ready to be swayed even more,” she said. “What worries me is that you won’t be in the House to counter the old mischief—maker the next time he speaks—and speak, he will! He’s hatching something.”
“I don’t know why we call him old,” said Brutus, who was prone to digress. “He isn’t really that old—fifty-eight. And though he looks as if he might be carried off tomorrow by an apoplexy, it’s my guess he won’t be
. That would be too good to be true!”
But Lepidus was tired of digressions and speculations, and suddenly got down to serious business. “I’m off to Etruria to recruit,” he said, “and I’d like you to join me as soon as possible, Brutus. We had planned to work as a team next year, but I think it behooves us to start now. There’s nothing coming up in your court which won’t wait until next year and a new judge, so I shall ask that you be seconded to me as my senior legate immediately.”
Servilia looked concerned. “Is it wise to recruit your men in Etruria?” she asked. “Why not go to Campania?”
“Because Catulus got in ahead of me and took Campania for himself. Anyway, my own lands and contacts are in Etruria, not south of Rome. I’m comfortable there, I know many more people.”
“But that’s what perturbs me, Lepidus. I suspect Philippus might make much of it, continue to throw doubts into everyone’s minds as to your ultimate intentions. It doesn’t look good to be recruiting in an area seething with potential revolt.”
“Let Philippus!” said Lepidus scornfully.
*
The Senate let Philippus. As Quinctilis passed into Sextilis and recruitment proceeded at a great rate, Philippus made it his duty to keep a watchful eye upon Lepidus through, it seemed, an amazingly large and efficient network of agents. No time did he waste upon watching Catulus in Campania; his four legions were filling up rapidly with Sulla’s oldest retainers, bored with civilian life and farming, eager for a new campaign not too far from home. The trouble was that the men enlisting in Etruria were not Sulla’s veterans. Rather they were green young men of the region, or else veterans who had fought for Carbo and his generals and managed to be missing from the ranks when surrender occurred. Most of Sulla’s men resettled in Etruria elected to remain on their allotments to protect them, or else hied themselves off to Campania to enlist in the legions of Catulus.
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