‘A tricky situation,’ Antonius said in a tone that implied he was enjoying Vespasian’s dilemma.
‘Not at all, Antonius. I believe that your home city is Tolosa in Narbonese Gaul; am I not correct?’
Antonius frowned. ‘That’s right, Princeps.’
‘Well, I’m sure you would appreciate going home and spending more time with your family. I think that you will make the most suitable governor of the province seeing as you know it so well. I shall be expecting a substantial increase in the tax revenues as I’m sure you know all the little tricks that the locals use to conceal their wealth.’
Antonius looked at Vespasian in horror. ‘But that will make me—’
‘Very, very unpopular with your own people, Antonius. I know, but it can’t be helped as you are obviously the ablest man for the job and, as you have assured me that you have my best interests at heart, I’m sure you won’t mind making that little sacrifice.’
‘But it’s a senatorial province.’
‘The Senate will grant me this one little favour so I wouldn’t worry about that if I were you; you can count yourself safe in the position. Now get out of my sight before I change my mind.’
Antonius looked down at Vespasian with unconcealed hatred as he realised that he had got the best out of the Emperor that he could expect; without a word he spun on his heel and stalked from the room.
Vespasian watched him go with a slight smile and one hand stroking his chin whilst gently tapping the desk top with the forefinger of the other. As the door slammed his expression changed as he remembered what Antonius had said. ‘Hormus!’ he shouted.
‘It’s true, master, I did order the sacking,’ Hormus said without any reservations.
Vespasian sat back in his chair, staring aghast at his freedman, unable to believe what he had just heard. ‘And what makes you think that you had the authority to give such an order even had it been the correct thing to do?’
Hormus looked momentarily confused. ‘I had your ring, master.’
‘Mucianus has my ring; he is the only person I have authorised to use it.’
‘That I didn’t know; Mucianus lent it to me when he sent me after Antonius Primus to order him in your name to halt and wait for him.’
‘And when Antonius refused you stayed with him rather than return to Mucianus?’
‘Yes, master; that’s what Mucianus wanted me to do in those circumstances.’
‘He told you to stay with Antonius?’ And then Vespasian saw it. ‘Wait. It was him, wasn’t it?’
‘Who, master?’
‘Mucianus. He told you to order Antonius to sack Cremona, didn’t he? Because he knew that if Antonius did something like that in my name I would never forgive him, which I won’t; and that way Mucianus manages to cancel out any military glory that he deems that Antonius has stolen from him. That’s what’s happened, isn’t it, Hormus?’
‘I don’t know, master; I just did as I was told, thinking that it was all for the good of your cause.’
‘Sacking Cremona was for the good of my cause!’
‘It wasn’t specifically Cremona, master; Mucianus told me to order Antonius to sack the nearest town to the first battle – it just so happened that it was Cremona. And I could see the logic of it as Mucianus said that one town’s suffering could be the catalyst for many towns opening their gates to your armies and it would reduce the casualties in the long term.’
‘And you didn’t think that the murder of citizens and the rape of their wives and daughters was something that I’d care about?’
Hormus wrung his hands and looked with pleading, watering eyes at Vespasian. ‘Mucianus had your ring, master; I didn’t question his orders or his motives. As far as I was concerned, it was as if you yourself were telling me what to do and, as you know, I have never disobeyed you, nor would I ever.’
Vespasian knew that to be the case only too well and his ire retreated as he contemplated the man who had served him with such devotion for over twenty years. ‘I’m sorry, Hormus; it’s not your fault. That bastard Mucianus used you for his own purposes and perhaps, in a strange way, he was right to do so. Cremona’s suffering may well have saved lives in the long term, but you try telling that to the survivors. I can see that I’m going to have to teach Mucianus a little lesson when I reach Rome.’ Vespasian paused for a kindly smile at his freedman, whose face lit up with the relief of forgiveness. ‘Find Caenis and Magnus and then come back here; we’re going to work out the terms by which I return to the city.’
‘I think that one of the two most important powers they should confer on you is to enable you to make treaties with foreign powers without having to consult the Senate,’ Caenis said to Vespasian, having read the unamended Lex de Imperio Vespasiani. ‘There’s nothing about that in here and Augustus, Tiberius and Claudius all managed to do that without a specific law enabling them to do so.’
Vespasian was thoughtful for a few moments, sitting behind his desk and contemplating the shipping in the royal harbour. ‘Yes, you’re right, my love, not to have that set down will make me seem an inferior version of them. The trouble is how would I justify it?’
‘That is the trouble.’ Caenis handed the scroll back to Hormus who was minuting the meeting.
‘It’s easy,’ Magnus said, surprising Vespasian, Caenis and Hormus, none of whom thought that such a constitutional sleight of hand could be described as being such.
Vespasian gestured across the desk with a wave of the hand. ‘We’re all very eager to hear the workings of your sharp legal mind, Magnus.’
‘Now you’re mocking me again, sir, and I don’t think that’s very fair seeing as I’m just about to save you from ignoring the obvious.’
‘Which is?’
Magnus placed his cup of wine down. ‘Who controls the Empire’s borders?’
Caenis’ countenance brightened. ‘Of course, Magnus, you’re absolutely right: with the exceptions of Africa and Cyrenaica, all the provinces on the borders of the Empire are imperial, not senatorial, therefore it could be argued that the Emperor must have a free hand with foreign policy because it is his provinces that are directly affected should a war break out.’
Vespasian looked at Magnus as if he were seeing his old friend in a new light. ‘You worked that out all by yourself?’
‘I ain’t too sure that I appreciate that tone, sir; the body may be slowly giving out and I don’t trust a fart any more, nor can I afford to waste the occasional erection that comes my way, but the brain is still nimble. Yes, I did work that out myself and I’m surprised that you hadn’t seen it, because if you’re going to make a success of all these powers that you’re trying to get then you’re going to need to be able to see the obvious stuff like that.’ Magnus pointed a forefinger at Vespasian. ‘Being emperor is much like being the patronus of a brotherhood back in Rome: you have to keep ahead of all the people clawing at your ankles, trying to get your job or con you out of something that they have no right to. One of the most important weapons in that fight is the ability to see the right way to use what you already have, as, in general, that is all you have to play with since no one is going to freely give you anything else. So you’d best start making a mental note of everything you’ve got because I ain’t going to be around to point out the obvious to you for much longer, if you take my meaning?’
‘Oh, I wouldn’t worry yourself unduly about that, Magnus. I can’t see the Ferryman wanting anything to do with a cantankerous old sod like you anytime in the near future; he appreciates a nice quiet life on the banks of the Styx so I imagine that you’ll be around to point out my failings for a good while yet.’
Magnus grunted and returned his attention to his wine.
Vespasian turned back to Caenis. ‘You said there were two important powers in your opinion; what’s the second?’
‘Well, I would have thought that was obvious, my love.’
Vespasian grimaced. ‘Not you as well, Caenis. Hormus, perhaps you would like to
join in this new game of making the Emperor feel stupid.’
Hormus looked shocked and set down his stylus. ‘No, master, I would never want to do that.’
‘I’m pleased to hear it. So what would you say is the second important power?’
Hormus had no doubts. ‘That you have the right to do whatever you think necessary for the good of the Empire.’
Vespasian paused, frowning. ‘But that would mean that I would be able to do anything I wanted without having to refer to the Senate.’
‘What’s the point of being emperor if you can’t, master?’
‘And besides,’ Caenis said, ‘that can be disguised by the argument that for the good of the Empire you must be able to act quickly in reaction to any given circumstance wherever you are, and being tied to always consulting the Senate would not be for the common good.’
‘Yes, suppose you’re right, my love. So are there any other suggestions before I recap?’ Vespasian looked at Caenis, then Magnus and then Hormus who all shook their heads; he smiled in triumph. ‘Ha! You see, you’re not the only politically sharp people in the room for I have one more clause to add at the end which will basically nullify the reign of Vitellius and the Senate’s recognition of him. The final clause will be legitimising any action or decree I made before the Lex de Imperio Vespasiani became law, right back to the beginning of my reign.’
‘But what difference will that make, my love? The Senate recognised you as emperor just a few days before they passed the first version of that law back in December.’
‘Ah, but was that the real day that I became emperor? I seem to remember being hailed as emperor on the third day after the calends of July in Caesarea and the Egyptian legions had already proclaimed me on the calends. So I would argue that I came to the Purple on that date and not when the Senate finally caught up with events. Therefore their proclaiming of Vitellius was illegal and is, therefore, null and void, as is all the legislation that has been passed since. That should secure my position as it would make all my actions since the calends of July completely legal.’
Magnus whistled in appreciation. ‘Perhaps you don’t need my advice so much any more and I can stop worrying about you.’
‘Thank you for that vote of confidence, Magnus; it was much appreciated. So now to recap. Thank you, Hormus.’ Hormus passed over his notes; Vespasian glanced through them. ‘There will be eight clauses. First, that I have the right to make foreign policy without reference to the Senate. Second, that I can convene the Senate whenever I require it. Third, that when the Senate is sitting at my command all laws it passes will be legitimate. Fourth, that whoever I put forward for elections should carry the vote. Fifth, that I have the power to enlarge the pomerium.’ He looked up from his notes at Caenis, Magnus and Hormus, enjoying the power he felt as he spelt out his demands to the Senate. ‘That clause is in solely because Claudius had the right to expand the religious boundary of the city of Rome, not because it’s something that I plan to do; however, more than anything, it makes me really understand that I am Emperor of Rome.’ With a brief, incredulous shake of the head he looked back down at the notes. ‘Sixth, whatever I deem to be in the interest of divine, human, public or private matters …’
PART IV
ROME, AUGUST AD 70
CHAPTER XVII
‘…PRIVATE MATT ERS, THERE be right and power for him to undertake and do, just as there was for divine Augustus, Tiberius Julius Caesar Augustus and Tiberius Claudius Caesar Augustus Germanicus.’ Mucianus, now the suffect-consul replacing Vespasian, paused to let the magnitude of this clause sink into the collective consciousness of the Senate.
Vespasian, sitting on a curule chair at the head of the meeting, cast his eyes around the five hundred and more members as they swallowed this declaration of absolute power, the first time that the full extent of the Emperor’s authority had been set down as law. He smiled inwardly as he watched the Conscript Fathers register its import and wondered what their forefathers would have made of it.
Mucianus proceeded. ‘The seventh clause: that in whatever statutes or plebiscites it is written down that the divine Augustus, Tiberius Julius Caesar Augustus and Tiberius Claudius Caesar Augustus Germanicus should not be bound by, from these statutes and plebiscites Caesar Vespasianus Augustus shall also be exempt; and whatsoever things it was proper for the deified Augustus or Tiberius Julius Caesar Augustus or Tiberius Claudius Caesar Augustus Germanicus to do in accordance with any law or proposed law, it shall be lawful for the Emperor Caesar Vespasianus Augustus to do all these things.’
Again Vespasian felt a surge of pride as he listened to the confirmation that he was an emperor of equal standing with Augustus.
‘And, finally, that whatever prior to the passage of this law has been done, carried out, decreed or ordered by the Emperor Caesar Vespasianus Augustus or by anyone at his order or mandate, these things shall be legal and binding, just as if they had been done by the order of the people or of the plebs.’
As Mucianus carried on reading the final Sanction of the law, Vespasian closed his eyes and savoured his position. It had been a smooth transition from Alexandria to Rome; he had left once the second harvest had been brought in and the granaries were full. He had wanted to wait for Titus to successfully conclude the siege of Jerusalem and return together with his eldest son; however, the defence had been fanatical and much boosted by almost three hundred artillery pieces that had been captured from the XII Fulminata in the first stages of the revolt. With the news that Titus was through the first two walls and currently levelling the Antonia Fortress to facilitate his final assault on the Temple, Vespasian had decided that he could postpone his triumphant return no longer. He had achieved what he had needed to in the East and it was now time to fulfil the prophecy by taking the West with the bounty of the East.
With the grain fleets of both Egypt and Africa arriving before him, Italia was a place of plenty when he finally arrived at the port of Brundisium to an ecstatic welcome of a well-fed populace who had recently had the dangers and insecurities of civil war lifted from above their heads. In state he had progressed from town to town towards Rome; the magistrates of each municipality received him with tedious speeches of loyalty and praise that Vespasian had sat through with his strained expression rigid upon his face as he played the part expected of him. Judgement he was asked for and judgement he gave as he settled disputes and took petitions on his road to Rome.
It had been Domitian, along with a senatorial delegation, who had been the first to greet him from Rome, travelling all the way to Beneventum. Having recently returned from delivering reinforcements to Cerialis for the conflict against the Batavi, his youngest son had attempted to treat him as an equal and take similar precedence as him but Vespasian had, with tact and firmness, relegated Domitian to the status of the senators who had accompanied him.
Vespasian studied his youngest son, seated to the forefront of the senators, having received the status of an ex-praetor, and contemplated how he was going to keep him in check. Already he had heard the stories of Domitian dispensing patronage that he had no right to deliver and in doing so was building up a considerable client base; that was something that Vespasian needed to halt.
Mucianus it had been who had greeted him next, making the journey as far as Capua in order not to let Rome remain too long without governance in Vespasian’s name. Vespasian had embraced him as an old friend rather than as a potential rival and the tensions between them seemed to melt away, especially as Vespasian used Tiberius’ old trick of deferring to the position of consul, an honour that Mucianus had taken up in July at Vespasian’s invitation – Cerialis had been made the suffect junior consul, but in name only as he was still engaged in the north with Civilis and his Batavian revolt, which had now widened to include the Lingones under Julius Sabinus and the Treveri under their chieftains, Julius Classicus and Julius Tutor, as well as units of Ubii and Tungri all now claiming loyalty to a Gallic empire based around the two German p
rovinces and three of the four Gallic provinces.
And now, as the people of Rome, who had cheered him almost to delirium as he had entered the city only yesterday, gathered in the Forum to witness a piece of history, Mucianus called for the House to divide on the Lex de Imperio Vespasiani. Vespasian rose and moved to the right-hand side of the chamber along with all those who supported the new law.
‘That is comprehensive, Father,’ Domitian said, his dark eyes glinting with excitement. ‘Never before have an emperor’s powers been set down and we’ve been voted almost everything.’
Vespasian glanced briefly at his son as he acknowledged the greetings of senators close by. ‘We?’
‘Yes, we, Father; we’re the new imperial house and as such we all share in the power.’
‘And what would you do with that power, Domitian; if you were to have it, that is, which you don’t?’
Domitian’s eyes narrowed. ‘I have every right to it, Father; I’m your son, and I helped hold the Capitoline Hill in your name and I have just returned from a victorious campaign against the Batavi.’
‘Which is still ongoing and growing, judging by the reports I read.’
Domitian’s face, which could be thought of as handsome if a touch ruddy, showed genuine hurt. ‘I came back to welcome you, Father.’
Vespasian reproved himself, wishing that he could get a grip on his naturally antagonistic feeling to his youngest offspring. ‘We’ll talk more later,’ he said and moved towards his nephew, Titus Flavius Sabinus, whom he had not seen since his return to Rome.
‘Uncle,’ the younger Sabinus said.
Vespasian put his hand on Sabinus’ shoulder as all around him senators took on solemn countenances, knowing what was being discussed. ‘You saw it, didn’t you? Did he die well?’
Sabinus, so much his father’s image, nodded. ‘Very well, Uncle. He held his body firm and extended his neck; he didn’t flinch as the blow came.’
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