FOR WANT OF THE HAMMER
ROMA ET ITALIA PART 5, 646 AVC
As warm spring had arrived early at the beginning of the year, so did the warm end of summer linger into October. All of Rome sat in hushed apprehension, for today was the first day that a trial would be conducted in the way prescribed by the Plebs in the
Lex Fulcinia de iudicio. Because the law only affected the composition of the jury and not the trial process, everything proceeded as usual.
Marcus Junius Silanus was ushered onto the rostra with stern words of support from Marcus Aemilius Scaurus Princeps Senatus, who joined his rest of Marcus Junius's defense: Lucius Pontifex Maximus, Marcus Livius Drusus, Lucius Domitius Ahenobarbus Pontiff, and that desiccated ancient Quintus Mucius Scaevola Augur--who had been a Military Tribune at the 56 year-old Scaurus's birth. That this had been Marcus Junius's slated prosecution not five months ago was tensely ignored by the Senate, and much-discussed by Fulcinius and the People in the Forum, and by Romans everywhere in general. Another irony was the fact that Catulus Caesar, for reasons of balance and aesthetics, had elected to speak in defense of Silanus; just now, of course, that would be considered suicide to Silanus's defense. Any mention of Catulus Caesar's name in positive connection with Silanus's would earn a swift conviction.
And so the trial began. The Leader of the Senate, the Chief Bridge-Builder between Romans and the Gods, two Pontiffs, and a man widely known as "Orator" prepared to speak against...Gaius Fulcinius. Alone. Such was Gaius Fulcinius's influence, enthusiasm, and confidence that he alone would speak against these august men.
Marcus Aemilius Scaurus's bald old mind took Fulcinius's strategy apart immediately, and turned to hiss to the others. "Only one of us must speak!"
Knowing that their Princeps Senatus never did a thing without reason, they waited until the Pontifex Maximus said, "Why?" This wasn't an incredulous or pleading "why", it was simply a question.
"I've seen how Gaius Fulcinius works. Not two months ago almost every single Equestrian voted for very radical and reformist candidates, and I'm willing to bet that they're still of the same mind. Gaius Fulcinius will look small against the five of us: A Tribune of the Plebs against five of Rome's greatest men. But don't you see that that'll work in his favor? Our people love nothing more than an underdog, and these Knights gathered today to vote will see us as an extension of Senatorial privileges and corruption--their words, not mine!" he added that last bit angrily at stormy looks from Marcus Livius Drusus and Scaevola Augur. Lucius Pontifex Maximus and Lucius Domitius Ahenobarbus Pontiff looked thoughtful, and nodded. Scaurus plowed on, "So it will look as if the entire Senate is ganging up on poor Gaius Fulcinius--just look at him, he looks like a puppy!--and he'll just ooze helplessness. At which point the Equestrians will vote his way unanimously. Only one of us should speak."
"But who?" asked Lucius Caecilius Metellus Pontifex Maximus unprompted; now apprised of the situation, nobody actually wanted to speak. Who would speak alone and likely be humiliated by Gaius Fulcinius? For they had all rather lost hope in the venture of defending Marcus Junius Silanus in the current political climate. Well, at least there was more hope for Catulus Caeser, despite the greater magnitude of his loss and--as Scaurus, Metellus, and Scaevola thought--idiocy.
"No offense, but Lucius Domitius, you are too young; as for you, Quintus Mucius, you are too old." Both men nodded wryly, and Scaurus continued, "I am a patrician, and Princeps Senatus; being the embodiment of the august body that they both hate and desire to be a part of will not help me. Marcus Livius and Lucius Caecilius are both noble plebeians, known as being rather conservative, and similar in looks and--" here Scaurus grimaced "--popularity." They all grimaced. Popularity was sorely wanting among the Senators these days, and most were the victims of occasional hisses and shouted insults as they went about their business.
Marcus Livius Drusus, thinking ahead and viewing the defense of Marcus Junius as not too healthy for his career and--much more importantly--that of his son, conjured up a great excuse as to why Lucius Caecilius should speak. "I accede to you, Lucius Caecilius; as Pontifex Maximus, you definitely have more sway and authority than I do. After all, I am as of now a
privatus, whereas you are still employed by the State and the People."
Lucius Caecilius said, in a voice that dripped irony, "Why thank you, Marcus Livius. How thoughtful."
Scaurus couldn't resist one quick chuckle. With Marcus Livius's usually stony eyes dancing, Scaurus said, "Oh off with you all, damn you. In fact, no, come back! Let's transfer all of our arguments and ideas to Lucius Caecilius."
As they conferred, so did Gaius Fulcinius confer--but with himself only. A man of considerable intelligence, Gaius Fulcinius hadn't needed any notes--notes that could slip into the wrong hands and give away his entire speech. No, he had it all within himself, and was confident that he would win. He could see Lucius Licinius Lucullus watching him from off to the side of the crowd, smiling stonily. Oh, he'd get his conviction all right.
Seeing Gaius Fulcinius at peace, with a blissful air about him; and the Pontifex Maximus standing like stone, having long ago learned that fidgeting and anxiousness were unbecoming in any sphere of life; the Praetor Urbanus, Marcus Antonius, finally moved forward from where he stood on the rostra and began to speak.
"
Quirites," he began, speaking in that smooth, deep, reassuringly masculine and paternal voice that the gods had gifted him with, "we are here today to hear a case of
maiestas treason. The man accused of the act of causing the gross loss of valuable Roman life through carelessness and ineptitude is Marcus Junius Silanus, son of Decimus Junius Silanus. Speaking for his honor is Lucius Caecilius Metellus Dalmaticus Pontifex Maximus, son of Lucius Caecilius Metellus Calvus. Speaking against Marcus Junius is this year's Tribune of the Plebs Gaius Fulcinius, son of Gaius Fulcinius. I have put it plainly,
Quirites. Now we will hear the defense." That over with, Marcus Antonius stepped back to sit in his curule chair, face a calm mask. That he was on the edge of becoming one of the Boni, and that he detested Gaius Fulcinius's tactics and legislation, were well known; however, it had been said before and would be said for decades to come: If you want a job done--and done right, and done fairly, and done professionally--then you'd do best to send for Marcus Antonius. So Marcus Antonius removed himself most surgically from the situation, and looked on as the Praetor, and not as the Man.
Sulla, watching, thought,
Ah, he'll be an Orator yet.
Lucius Caecilius Metellus stepped up to the edge of the rostra and looked down into the Well of the Comitia, where the fifty-man jury sat stiffly, seemingly grinning and sneering at him. This would not be easy, but Lucius Caecilius was Pontifex Maximus, and veteran of a Consulship, several military campaigns--as both leader and legate--and other magistracies, governorships, special commissions, and foreign embassies; he would not be cowed easily at all.
He began in his plain, appealing voice: "Citizens of Rome, the case today is, as you've heard just now from our esteemed Praetor Urbanus, to decide whether Marcus Junius Silanus is guilty of carelessness in the unfortunate loss of his army. And indeed, we will dissect that word! Unfortunate. Un-Fortunate. Not Fortunate. Truly Fortuna abandoned Marcus Junius in his most dire moment of need.
"I, as Pontifex Maximus, know more about the Gods than any Roman. I know our ancient contracts with them, and I know their workings. It is no lack of care or ineptitude on Marcus Junius's part that resulted in the grievous loss. It was Fortuna's machinations, and the place that she found for Marcus Junius at that moment.
"The dust choking a soldier, the tiredness of fighting limbs, the cunning of the German barbarians; these are all Fortuna's doings! Marcus Junius's army was well-rested and camped behind solid good Roman walls; they had no lack of food and potable water. The men were happy and in high fettle; indeed, they were looking forward to a campaign ejecting bloodthirsty reavers and rapists and rabid beasts from the lands of Rome and her Allies.
"So what happened? The cares that Marcus Junius took were not simply adequate, they were painstakingly and diligently observed! Nor can he be accused of ineptitude, for he has served in his campaigns; from Numantia to Asia to Macedonia to Africa, he has served our
Res Publica as bravely as Scipio Aemilianus, as creatively as Quintus Fabius Maximus Cunctator, as decisively as Scipio Africanus.
"His is a line,
Quirites, that stretches back into the bright old days of our Republic, when men were men and not critical of their noble fellows! Indeed, his many-times Great and great-grandfather Lucius Junius Brutus was the very first senior Consul, and ejected the Etruscan kings from Rome. His is a line that has shared all of this city's fortunes; both good and evil, healthy and ill, triumphant and desultory, the Junii have seen it all.
"To conclude, was Quintus Fabius Maximus deprived of his citizenship when his grand strategy was to let Hannibal ravage Italy? No! Was Publius Cornelius Scipio, father of Scipio Africanus, abused and derided by his fellow Romans after the losses at Ticinus and Trebia? No! Was Gaius Terentius Varro, commander at the Battle of Cannae, during which
SIXTY thousand Roman and Allied troops died, given a cold and heartless homecoming? No!
"These three men, and many others, are examples of Roman men whom Fortuna temporarily abandoned. Whether it was due to the State's possibly radical or sacrilegious behavior at the time, or whether it was a Priest's lack of attention to his prayers and duties, or whether it is simply one of Fortuna's whims, to favor one man over another, we shall never know.
"One thing I know, Citizens of Rome, is that Marcus Junius Silanus is innocent of any wrongdoing."
He stepped back smoothly, to thunderous applause from the Senate and its clients--which meant that the noise sounded rather small and futile against the backdrop of thousands of quiet--either angry, or intrigued, or simply unconvinced--men.
Marcus Antonius stood smoothly. "We shall now hear the Prosecutor, Gaius Fulcinius." Before Marcus Antonius could be seated, thunderous applause began from both the voting Equestrians, and the gathered watchers. These were men from the Head Count clear through to the Second Class, and most of them loved Gaius Fulcinius, and anticipated a good year ahead of them. Marcus Antonius and Lucius Caecilius frowned together, as the one took his seat and the other stood in the background.
Gaius Fulcinius stepped forward with his puppy-look, and the crowd sighed.
"That's it," said Marcus Aemilius Scaurus, turning. "We've lost. I'm going home." Despite having such influence, and usually having a retinue of hangers-on and admirers in public, no man moved to follow Scaurus. This novelty in and of itself convinced him to stay and hear the speech of Gaius Fulcinius.
"I will speak more plainly than even the Conscript Father Marcus Aemilius Scaurus," Gaius Fulcinius began, and Scaurus gaped at this usurpation of his name. Scaurus was indeed known for talking plainly; mellowly, fluidly, but plainly. He was no Orator. And so Gaius Fulcinius, an Orator, would steal his style, and they would all listen far more closely, for a Gaius Fulcinius speaking plainly was a rare sight indeed. And that was Gaius Fulcinius's trick. And it was a good one!
"Marcus Junius Silanus is an inept idiot,
Quirites. His men choked on dust because the battlefield he chose was a field of dirt. Not two miles away, upon which the Germans camped--
two days after Marcus Junius's arrival!--stood a stout, solid hill from which one could see for twenty miles around. His men tired,
Quirites, because they were attacking uphill, as only an idiot would attack. The sons of Rome and Italy are not idiots, fellow Romans; their commander was. As for German cunning! A commander of
any people worth his mettle would be suspicious of such a good, high, concealing hill--upon which he should have resided in any case! Thirty thousand young men--sons of yours,
Quirites, and sons of your friends and your clients--died because of Marcus Junius's idiocy.
"Marcus Junius was an idiot, Marcus Junius is an idiot, and Marcus Junius will always be an idiot. His campaigns in Numantia and in Asia and in Macedonia and in Africa and in his sister's vagina aren't worth two of my short constipated shits!
Friends in high places, my friends, that's how such an inept imbecile received so many commands, and was tolerated in so many campaigns. Your boys died because Marcus Junius's old dead inept ancestors matter more to the Senate than living Romans!
"His line does indeed stretch back,
Quirites! It stretches back to the dark dim times when one Senator could cause such pain and suffering as was never before seen--like the Battle of Cannae, as the Defense kindly mentioned; the most disastrous battle our Res Publica has ever participated in--and not be prosecuted! In fact, we are still living in those dark days! We will live in those days, when the Patricians and those oh-so-
noble Plebeians, traitors to the Plebeian cause, can wave their hands and, at a whim, cause the deaths of thirty thousand
and more of our boys!
"We will continue to live in those dark days, fellow Romans, until we convict Marcus Junius! Until we condemn him to exile, and cast him out of our great Roman fellowship, for deeming himself above the law, and above the Gods, and above his fellow Romans. For all that the great Lucius Junius Brutus is his ancestor, it seems as if that talent and bravery of the first Brutus's were diluted throughout the years; Marcus Junius possesses none of it!
"I conclude,
Quirites, easily. I repeat: Marcus Junius was an idiot, Marcus Junius is an idiot, and Marcus Junius will always be an idiot. Unless you chain it, the terrible monster of Senatorial privileges and ineptitude will continue to haunt us, and to hunt your sons as a wild, rabid dog in the night. Thank you."
He stepped back, and there was a shocked silence. Never had Gaius Fulcinius spoken so plainly. Never had Gaius Fulcinius spoken using such vulgarity. Never had Gaius Fulcinius spoken and defied and insulted the Senate so. Never had Gaius Fulcinius spoken so
well!
After those few seconds of shock, screams of adulation and encouragement erupted from all directions. The Equestrians of the jury cheered and shouted as loudly as barefoot men of the Head Count. Here was their hero! Here was a man to deliver them from the Senate's slavery! Here was Gaius Fulcinius! Such was the clamor that Catulus Caesar, safe behind high walls in his house on the Palatine, heard it.
Scaurus and the Boni stood to the side of the rostra, faces wooden; Marcus Antonius stood red-faced and bellowing for order, gesturing for the assembled worshipers to shut up Shut Up SHUT UP! Marcus Junius Silanus stood clutching the Pontifex Maximus's arm, shivering; the Pontifex Maximus himself stood silently, with tears streaming down his cheeks. His brother's death he had taken badly, for they'd been quite attached. Yet, this defeat was all the worse. The Republic was more important to Lucius Caecilius Metellus than any family member, and here it was falling apart. Today was not a good day.
"Ah, it was brilliantly done, Publius Rutilius!" exalted Sulla to his friend two full nundinae later. Publius Rutilius being the Consul, and his colleague Catulus Caesar being incommunicado and in self-official mourning for the Republic's death, he had been quite overwhelmed with work, and hadn't even had the time to observe the trial.
Now, a full sixteen days later, he had just heard it in full from Sulla, after hearing snippets from people--both hot-mad and hot-happy--over that time period. Publius Rutilius, a natural gossip, had not thrived at all under this self-imposed isolation. It was such that the purple bags under his eyes, the droopy frown of his mouth, and the creases around his eyes and nose seemed to disappear as Sulla told the story.
"He's got them quite by the balls, doesn't he?" asked Publius Rutilius, and smiled his friendly smile.
"Gah you old dog, he has
us by the balls! What he said of Silanus applies as much to you and I as it did to him. Two New Men as Consul next year and, if Gaius Fulcinius has his way--which I just bet you he will, with that puppy face and that intelligence and that oratory--New Men as Consul every year hence."
"Surely not!"
"What do you think?" Sulla's eyebrows rose; however, they--along with his skin--were so fair that it only looked as if his eyes were widening.
Dazzled by those icy eyes, Publius Rutilius closed his own and lay back upon the dining couch. "Oh what a mess. Shades of the Gracchi!"
"No, much worse," said Sulla expertly. "Gaius Fulcinius seems to have the support of every Roman citizen--minus three hundred Senators and their families. Jupiter Optimus Maximus isn't so popular."
"That's no exaggeration," said Publius Rutilius sourly. "What can we do?"
"I'm hoping he'll burn himself out," Sulla said, stretching his arms before him and sighing. "Goings-on in Rome will be of much interest to me next year, but I won't be in a position to do anything about them! The climate would be horrid for me too; a patrician Cornelius, among that crowd? Ye gods!"
Publius Rutilius gave a small smile. "I know what you're getting at, Lucius Cornelius, and of course I say yes. How could I let you suffer, when I have need of great Legates in Gallia Transalpina next year?" Rufus had been assigned the province of Gallia Provincia to govern as Proconsul next year, and he was resolved not to suffer any disasters, at the very least, while he was there. Preferably he would destroy the Germans; in practice, however, this was a daunting task.
That Publius Rutilius hadn't joined Catulus Caesar on Gaius Fulcinius's list of people to legislate against in the future was due to his obvious quality, his good and solid experience, Lucullus's expert opinion of him, and his handling of the post-disaster Consulship. An expert by now at organizing people and events, and in seeing each State crisis through to its end, Publius Rutilius was tolerated--if not quite encouraged--as governor of Gallia Transalpina.
Just then Caecilia Metella Sullana ran into the room, bouncing happily. "Oh Lucius Cornelius, Lucius Cornelius!"
Sulla started, then growled in annoyance. "What is it, wife?"
Typically she would cast her eyes down and apologize for being so forward--never for startling him; for Sulla to admit that he'd been startled was impossible. This time she grabbed him by the shoulders and said, "Oh Sulla, oh!"
"WHAT IS IT?" he roared, and reared out of his seat and wrenched himself out of her grasp, Publius Rutilius watching with interest.
That sobered her just a little, but only enough to finally say what she was so excited about. "Oh Lucius Cornelius, I'm pregnant!"