He tore at the splinter in sudden anger, wincing as part of it scored the skin of his hand. He had applied to go north with the six legions, but none of the legates had accepted him. No doubt who had spread the word there. He knew his father could have called in favors for them to accept his son, but had stopped short of asking. The shame of how he had been treated burned at him in the stillness of the woods.
Another movement caught his eye and he raised his head to see. He almost hoped some of his father's slaves were shirking their work. The flogging he would give them would go some way to break the lethargy he felt. He seemed to feel life more strongly in his veins when the time came to punish the lazy ones. He knew they walked in fear of him, but that was only right.
He took a deep breath to bark an order at them, hoping to see them jump. Then he froze. The men were moving stealthily through the thick undergrowth on the other side of the fence. They were not his slaves. Very slowly, he lowered his head back onto his arms and watched in silence as they passed not far away, oblivious to his presence.
Suetonius felt his heart hammer in sudden fear, and a flush came to his cheeks as he tried to breathe shallowly. They had not seen him yet, but there was something very wrong about the scene. There were three men moving together and a fourth some distance behind. Suetonius had almost stood to peer after the first group, and only some instinct warned him to hold still as they vanished through the trees. Then the fourth had come into sight, moving warily. He was dressed in rough dark clothing like the others and walked lightly over the dead wood and moss, showing a hunter's skill with his silence.
Suetonius saw he too was armed and suddenly he thought the man must see him through the shadows. He wanted to run or to shout for his slaves. Visions of the rebellion in the north came to him, and his mind filled with pictures of their knives in him, vivid and terrifying. He had seen so many die and it was too easy to imagine the men turning on him like animals. His sword was at his side, but he kept his hands still.
He held his breath as the last man passed. The man seemed to sense eyes on him and hesitated, scanning the trees around him. He didn't see Suetonius and after a while he relaxed and moved on, disappearing as completely as his companions before him.
Suetonius breathed out slowly, still not daring to move. They had been heading toward the Caesar estate, and his eyes became cruel as he realized it. Let Caesar have his land, with those men walking on it. He would not give them away. It was in the hands of the gods and out of his.
Feeling as if much of his pain and bitterness had been lifted from him, he stood up and stretched his back. Whoever the hunters were, he wished them luck as he walked over to where the slaves were taking down the fence. He gave orders for them to pack up their tools and return to his father's estate, instinctively wanting to be far away from the woods for the next few days.
The slaves saw his mood had lightened and exchanged glances, wondering what viciousness he'd seen to cheer him as they shouldered their burdens and made their way home.
* * *
Julius was exhausted, cursing under his breath as he stumbled on a loose stone. He knew that if he fell, there was a chance he wouldn't get up and he'd be left on the road.
They could not stop, with the slave army running before them toward Ariminum. Fleeing the field in the dark had given them half a day's start, and Pompey had sent out the order to run them down. The gap hadn't closed in seven days, as the legions pursued an army far fresher than themselves. Julius knew they could lose many more men, but if the slaves turned south, Rome stood naked for the first time in her history.
He fixed his eyes on the legionary in front of him. He had been staring at that back all day and knew every tiny detail of it, from the patchy gray hair that showed under the helmet to the spatters of blood up the man's ankles where he had stamped for a mile to break his blisters. Someone had urinated up ahead, darkening the dust of the road. Julius trudged through the patch indifferently, wondering when he would next have to do the same himself.
At his side, Brutus cleared his throat and spat. There was nothing of his usual energy showing in him. He was hunched under the weight of his pack, and Julius knew his friend's shoulders were raw. Brutus rubbed cooking fat on them at night and waited stoically for the calluses to form.
They had not spoken since dawn, the battle with endurance and the road going on without a public show. It was the same for most of them. They marched with slack and open mouths, all awareness narrowed to a point just ahead on the road. Often when the horns sounded a halt, men would stumble into those ahead and wake almost from sleep as they were cursed or struck.
Julius and Brutus chewed on stale bread and meat as it was handed out to them without a halt. As they tried to find saliva to swallow, they passed another fallen soldier and wondered if they too would be left on the road.
If Spartacus wanted to exhaust the legions in a chase, he could not have done better, and always there was the knowledge that there would have to be another battle when the slaves and gladiators finally found a place to stand. Only death would stop the legions.
Cabera coughed dust out of his throat and Julius glanced at the old man, marveling again that he had not fallen with the others. The poor rations and the miles had reduced his thin frame further, so that he looked almost skeletal. His cheeks were sunken and dark and the march had stolen away his humor and his talk. Like Brutus and Renius behind him, he had not spoken since the moment they were forced to their feet by weary optios, using their staffs on officers and men alike without interest, their faces as thin and tired as the rest of them.
They were allowed only four hours to sleep in the darkness. Pompey knew they could find Ariminum in flames, but the slaves would barely be able to pause before the legions were on the horizon, forcing them on. They couldn't allow Spartacus to regroup. If necessary, they would chase him into the sea.
Julius held his head high with difficulty, knowing he was seen by Primigenia around him. The legion of Lepidus marched in rank with them, though there was a subtle difference between the groups. Primigenia had not run and every soldier knew that the punishment for that failure still had to be meted out. Fear showed in the eyes of Lepidus's men and sapped at their will as they filled the hours with silent worry. There was nothing Julius and Brutus could do for them. The death of Lepidus went only some way in repairing their moment of panic in the battle.
The cornicens sounded as they reached the site of an old camp. It was two hours early, but Pompey had obviously decided to use the boundary they had erected once before, with only a little work needing to be done to shore up the spilled earth. Once inside, the men fell down where they stood. Some lay on their sides, too tired to remove their packs. Friends untied each other and the dwindling rations were brought out from packs and passed along lines to the cooks, who started fires in the ashes of the old ones. The men wanted to sleep and they had to eat first, so the cornmeal and dried meat was heated through and sent out on iron plates as fast as possible. The legionaries stuffed the food into their mouths without interest, then unrolled the thin trail blankets from their packs and lay down.
Julius had just finished his and was licking his fingers to remove every last crumb of the mush his body needed so desperately when he heard a cornicen blow a warning note nearby. Pompey and Crassus were approaching his position.
He scrambled to his feet and kicked Brutus, who had curled up, already drifting toward sleep. Renius opened an eye at the sound and groaned, heaving himself into a sitting position with his arm.
“Up! Get the men on their feet. Centurions, form Primigenia into squares for inspection. Quickly!”
He hated having to do it as he watched the men drag themselves upright, looking dazed. Some had been asleep and they stood loosely, their arms hanging and only dull awareness in their eyes. The centurions bullied and heaved until some semblance of ranks was produced. There were no groans or complaints; they hadn't the energy or the will to resist anything that was done to
them. They stood where they were pushed and waited to be told to sleep once more.
Pompey and Crassus rode through the camp, bringing their horses close to Julius before dismounting. As well they might, both men looked fresher than the legionaries around them, but there was an air of tight-lipped seriousness about the generals that woke some of Lepidus's men to the danger, making them glance nervously at each other. Pompey approached Julius, who saluted.
“Primigenia stands ready, sir,” Julius said.
“It is your other command that brings me here, Caesar. Tell Primigenia to rest and have Lepidus's men form ranks in their place.”
Julius gave the orders and the three of them waited as the soldiers moved quickly into position. Even after the losses they had suffered in the panic of the battle, there were still more than three thousand survivors. Some were wounded, though the worst of these had already been left on the road, days before. Pompey mounted his horse to address them, but before he began, he leaned down to Julius and spoke quietly.
“Do not interfere, Julius. The decision has been made.”
Julius returned the questioning stare impassively, then nodded. Pompey joined Crassus and together they trotted their horses right up to the front rank of the assembled men.
“Centurions stand forward!” Pompey barked out. Then he raised his head to have his voice carry as far as possible. “This legion carries a shame that must be cut out. There can be no excuse for cowardice. Hear now the punishment you will receive.
“Every tenth man in line will be marked by the centurions. He will die at the hands of the others. You will not use blades, but crush and beat them to death with fists and staffs. You will shed your own friends' blood in this way and always remember. A tenth of you will die this day. Centurions, begin the count.”
Julius watched in horror as the centurions called off the numbers. As they marched along the ranks, the men around the unlucky one would cringe in fear as the officers came abreast of them, then gasp as the hand fell on a different shoulder. Some cried out, for themselves or for friends, but there was no mercy to be had. Crassus and Pompey watched the whole process with stiff disdain.
It took less than an hour, but by the end, three hundred men stood out from the ranks. Some wept, but others gazed blankly at the ground, unable to understand what was happening to them, why they had been singled out to die.
“Remember this!” Pompey bellowed at the men. “You ran from slaves where no legion has run in generations. Lay your swords down and complete your task.”
The lines dissolved as each man standing apart was surrounded by nine of his friends and brothers. Julius heard one of them muttering an apology before he landed the first blow. It was worse than anything Julius had ever seen. Though the optios had staffs, the common soldiers had only their fists to smash the faces and chests of people they had known for years. Some of them sobbed as they struck, their faces twisted like children, but not a single one of them refused.
It took a long time. Some of the battered soldiers died quickly, their throats crushed, but others lingered on and on, shuddering and screaming in a terrible chorus that made Brutus shiver as he watched, transfixed by the knots of bloody-handed men, kicking and punching savagely. Brutus shook his head in disbelief, then looked away, sickened. He saw Renius was standing rigidly, his face pale.
“I never thought I would see this again,” Renius muttered to himself. “I thought it had died out long ago.”
“It had,” Julius replied flatly. “Looks like Pompey's revived it.”
Ciro watched in horror, his shoulders sagging. He looked at Julius questioningly, but there were no words for him.
Julius watched as the last blows were struck and the centurions checked each corpse. The men stood back, their energy disappearing as they shambled into ranks. The bodies sprawled before them in circles of bloody grass, and many of the living bore the spatters of the executions, standing with their heads bowed in misery.
“If we were in Rome, I would order you disbanded and forbidden to bear arms,” Pompey roared into the silence. “As it is, circumstances may save you yet.” He glanced at Crassus and the senator shifted in his saddle. Julius frowned suddenly. For Pompey to give way to Crassus meant that he needed the weight of the Senate authority behind whatever was going to be said. For all their maneuvering, only Crassus had that. The older man cleared his throat to speak.
“It is my order that a new legion be formed, to expunge the stain of Lepidus. You will join with Primigenia and make a new history. Your standards will be changed. You will have a new name, untouched by shame. I appoint Gaius Julius Caesar to command you. I speak with the authority of the Senate.”
Crassus wheeled his horse and trotted over to where Julius stood, glaring at him.
“Will they be Primigenia, then?” Julius asked harshly.
Crassus shook his head. “I know what it will do to you, Julius, but this is the better way. If they take arms for you, they will always be apart as they are now. A new name will clear the field for them . . . and for you. Pompey and I have agreed. Obey your orders. Primigenia ends today.”
Julius couldn't speak with anger for a moment, and Crassus watched him closely, waiting for a response. The younger man understood what they were trying to do, but still the memory of Marius haunted his thoughts. Understanding this, Crassus leaned down and spoke softly so as not to be overheard.
“Your uncle would understand, Julius. Be sure of that.”
Julius clenched his jaw and nodded sharply, unable to trust himself to speak. He owed a great deal to this man. Crassus leaned back, relaxing.
“You will need a new name for them. Pompey thought it should be—”
“No,” Julius interrupted. “I have a name for them.”
Crassus raised his eyebrows in surprise as Julius walked around his horse and faced the bloody men he was to command. He took a deep breath to send his voice out to as many as could hear him.
“I will take your oaths, if you will give them. I remember that you did not desert the field, but rallied when I asked it of you, even with Lepidus dead.” He let his gaze fall to the broken bodies all along the ranks. “The price for the failure has been paid and will never be mentioned again after today. But it must be remembered.”
The silence was terrible and the air smelled of blood.
“You are marked with the lives of every tenth man. I name you the Tenth, so you will never forget the payment taken and you will never break.”
Out of the corner of his eye, Julius saw Crassus grimace at the name, but he had known from the first moment that it was the right choice. It would hold them through fear and pain when others lost their nerve.
“Primigenia! My last command to you. Form ranks with your brothers. Look at their faces and learn their names. Know this. When men hear the Tenth stand against them, they will be afraid, for they have paid their dues in their own blood.”
As the ranks re-formed, Julius walked back to Crassus as Pompey joined the senator. Both generals looked at Julius with guarded interest.
“You speak . . . well to them, Julius,” Pompey said. He shook his head slightly as he watched Primigenia welcomed into the ranks. He had thought Julius would resist the order for the sake of Primigenia's name and had been prepared to force the issue. Watching the ease with which the young commander had assimilated the news and made it work for him was a surprise. For the first time, Pompey had a glimpse of how the young man had been so successful in Greece against Mithridates and the pirates before him. He seemed to know the words to use and that they could bite with greater force than swords.
“I would like to extend the time in camp before we move on, sir. It will give me a chance to speak with the men as well as let them finish their food and get some sleep.”
Pompey was tempted to refuse the request. Apart from the driving need to pursue the slaves, his instincts warned him not to make things too easy for the young man who could speak directly to the hearts of the soldier
s and lift them from misery in an instant. Then he relented. Caesar would need every advantage if he was to resurrect the dignity of the new legion from the ashes.
“You may tell them I have granted two further hours at your request, Julius. Be ready to march at sunset.”
“Thank you, sir. I will arrange for new shields and armor for the men as soon as we are finished with this rebellion.”
Pompey nodded absently, signaling to Crassus to ride away to the command position further up at the head of the column. Julius watched them go, his face unreadable. He turned to Brutus and found Cabera with him, something of the old life and interest in the healer's face. Julius smiled tightly.
“Brutus, stand them down and tell them to finish eating. Then I want to speak to as many as I can before they sleep. Marius would have learned their names. So will I.”
“It hurts to see Primigenia lost,” Brutus murmured.
Julius shook his head. “They are not lost. The name will remain on the Senate rolls. I will make sure of it. Pompey and Crassus were right to make a new start, though it does hurt. Come on, gentlemen, let us walk amongst the Tenth. It's time to let go of the past.”
* * *
Ariminum stood under a pall of smoke. The slave army had moved through it like locusts, taking everything that could be eaten and driving sheep and cattle to run before them on the march. While citizens hid behind barricaded doors, Spartacus and his army walked slowly through quiet streets with the sun casting weak shadows behind them. They set fires in the grain stores and abandoned markets, knowing their pursuers might waste time stamping them out before following. With the legion still doggedly on their heels, every hour was crucial.
The guards had run from the city treasury, and Spartacus ordered the gold loaded onto mules for the journey south. It was a fortune from trade, and the dream of a fleet of ships to take them to freedom became reality as soon as the gladiators saw the crates of coins.
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