Chapter VIII: The Joint Rule of Pompeius and Caesar (2)

Certainly there remained a section of their opponents, who at least kept to their colours and were neither to be terrified nor to be won. The regents had become convinced that exceptional measures, such as those against Cato and Cicero, did their cause more harm than good, and that it was a lesser evil to tolerate an inconvenient republican opposition than to convert their opponents into martyrs for the republic Therefore they allowed Cato to return (end of 698) and thenceforward in the senate and in the Forum, often at the peril of his life, to offer a continued opposition to the regents, which was doubtless worthy of honour, but unhappily was at the same time ridiculous. They allowed him on occasion of the proposals of Trebonius to push matters once more to a hand-to-hand conflict in the Forum, and to submit to the senate a proposal that the proconsul Caesar should be given over to the Usipetes and Tencteri on account of his perfidious conduct toward those barbarians.(8) They were patient when Marcus Favonius, Cato's Sancho, after the senate had adopted the resolution to charge the legions of Caesar on the state-chest, sprang to the door of the senate-house and proclaimed to the streets the danger of the country; when the same person in his scurrilous fashion called the white bandage, which Pompeius wore round his weak leg, a displaced diadem; when the consular Lentulus Marcellinus, on being applauded, called out to the assembly to make diligent use of this privilege of expressing their opinion now while they were still allowed to do so; when the tribune of the people Gaius Ateius Capito consigned Crassus on his departure for Syria, with all the formalities of the theology of the day, publicly to the evil spirits. These were, on the whole, vain demonstrations of an irritated minority; yet the little party from which they issued was so far of importance, that it on the one hand fostered and gave the watchword to the republican opposition fermenting in secret, and on the other hand now and then dragged the majority of the senate, which ithal cherished at bottom quite the same sentiments with reference to the regents, into an isolated decree directed against them. For even the majority felt the need of giving vent, at least sometimes and in subordinate matters to their suppressed indignation, and especially--after the manner of those who are servile with reluctance--of exhibiting their resentment towards the great foes in rage against the small. Wherever it was possible, a gentle blow was administered to the instruments of the regents; thus Gabinius was refused the thanksgiving-festival that he asked (698); thus Piso was recalled from his province; thus mourning was put on by the senate, when the tribune of the people Gaius Cato hindered the elections for 699 as long as the consul Marcellinus belonging to the constitutional party was in office. Even Cicero, however humbly he always bowed before the regents, issued an equally envenomed and insipid pamphlet against Caesar's father-in-law. But both these feeble signs of opposition by the majority of the senate and the ineffectual resistance of the minority show only the more clearly, that the government had now passed from the senate to the regents as it formerly passed from the burgesses to the senate; and that the senate was already not much more than a monarchical council of state employed also to absorb the anti-monarchical elements. "No man," the adherents of the fallen government complained, "is of the slightest account except the three; the regents are all-powerful, and they take care that no one shall remain in doubt about it; the whole senate is virtually transformed and obeys the dictators; our generation will not live to see a change of things." They were living in fact no longer under the republic, but under monarchy.

Continued Oppositon at the Elections

But if the guidance of the state was at the absolute disposal of the regents, there remained still a political domain separated in some measure from the government proper, which it was more easy to defend and more difficult to conquer; the field of the ordinary elections of magistrates, and that of the jury-courts. That the latter do not fall directly under politics, but everywhere, and above all in Rome, come partly under the control of the spirit dominating state-affairs, is of itself clear. The elections of magistrates certainly belonged by right to the government proper of the state; but, as at this period the state was administered substantially by extraordinary magistrates or by men wholly without title, and even the supreme ordinary magistrates, if they belonged to the anti-monarchical party, were not able in any tangible way to influence the state-machinery, the ordinary magistrates sank more and more into mere puppets--as, in fact, even those of them who were most disposed to opposition described themselves frankly and with entire justice as powerless ciphers--and their elections therefore sank into mere demonstrations. Thus, after the opposition had already been wholly dislodged from the proper field of battle, hostilities might nevertheless be continued in the field of elections and of processes. The regents spared no pains to remain victors also in this field. As to the elections, they had already at Luca settled between themselves the lists of candidates for the next years, and they left no means untried to carry the candidates agreed upon there. They expended their gold primarily for the purpose of influencing the elections. A great number of soldiers were dismissed annually on furlough from the armies of Caesar and Pompeius to take part in the voting at Rome. Caesar was wont himself to guide, and watch over, the election movements from as near a point as possible of Upper Italy. Yet the object was but very imperfectly attained. For 699 no doubt Pompeius and Crassus were elected consuls, agreeably to the convention of Luca, and Lucius Domitius, the only candidate of the opposition who persevered was set aside; but this had been effected only by open violence, on which occasion Cato was wounded and other extremely scandalous incidents occurred. In the next consular elections for 700, in spite of all the exertions of the regents, Domitius was actually elected, and Cato likewise now prevailed in the candidature for the praetorship, in which to the scandal of the whole burgesses Caesar's client Vatinius had during the previous year beaten him off the field. At the elections for 701 the opposition succeeded in so indisputably convicting the candidates of the regents, along with others, of the most shameful electioneering intrigues that the regents, on whom the scandal recoiled, could not do otherwise than abandon them. These repeated and severe defeats of the dynasts on the battle-field of the elections may be traceable in part to the unmanageableness of the rusty machinery, to the incalculable accidents of the polling, to the opposition at heart of the middle classes, to the various private considerations that interfere in such cases and often strangely clash with those of party; but the main cause lies elsewhere. The elections were at this time essentially in the power of the different clubs into which the aristocracy had grouped themselves; the system of bribery was organized by them on the most extensive scale and with the utmost method. The same aristocracy therefore, which was represented in the senate, ruled also the elections; but while in the senate it yielded with a grudge, it worked and voted here--in secret and secure from all reckoning--absolutely against the regents. That the influence of the nobility in this field was by no means broken by the strict penal law against the electioneering intrigues of the clubs, which Crassus when consul in 699 caused to be confirmed by the burgesses, is self-evident, and is shown by the elections of the succeeding years.

And in the Courts

The jury-courts occasioned equally great difficulty to the regents. As they were then composed, while the senatorial nobility was here also influential, the decisive voice lay chiefly with the middle class. The fixing of a high-rated census for jurymen by a law proposed by Pompeius in 699 is a remarkable proof that the opposition to the regents had its chief seat in the middle class properly so called, and that the great capitalists showed themselves here, as everywhere, more compliant than the latter. Nevertheless the republican party was not yet deprived of all hold in the courts, and it was never weary of directing political impeachments, not indeed against the regents themselves, but against their prominent instruments. This warfare of prosecutions was waged the more keenly, that according to usage the duty of accusation belonged to the senatorial youth, and, as may readily be conceived, there was more of republican passion, fresh talent, and bold delight in attack to be found among these youths than among the older members of their order. Certainly the courts were not free; if the regents were in earnest, the courts ventured as little as the senate to refuse obedience. None of their antagonists were prosecuted by the opposition with such hatred--so furious that it almost passed into a proverb--as Vatinius, by far the most audacious and unscrupulous of the closer adherents of Caesar; but his master gave the command, and he was acquitted in all the processes raised against him. But impeachments by men who knew how to wield the sword of dialectics and the lash of sarcasm as did Gaius Licinius Calvus and Gaius Asinius Pollio, did not miss their mark even when they failed; nor were isolated successes wanting. They were mostly, no doubt, obtained over subordinate individuals, but even one of the most high-placed and most hated adherents of the dynasts, the consular Gabinius, was overthrown in this way. Certainly in his case the implacable hatred of the aristocracy, which as little forgave him for the law regarding the conducting of the war with the pirates as for his disparaging treatment of the senate during his Syrian governorship, was combined with the rage of the great capitalists, against whom he had when governor of Syria ventured to defend the interests of the provincials, and even with the resentment of Crassus, with whom he had stood on ceremony in handing over to him the province. His only protection against all these foes was Pompeius, and the latter had every reason to defend his ablest, boldest, and most faithful adjutant at any price; but here, as everywhere, he knew not how to use his power and to defend his clients, as Caesar defended his; in the end of 700 the jurymen found Gabinius guilty of extortions and sent him into banishment.

On the whole, therefore, in the sphere of the popular elections and of the jury-courts it was the regents that fared worst. The factors which ruled in these were less tangible, and therefore more difficult to be terrified or corrupted than the direct organs of government and administration. The holders of power encountered here, especially in the popular elections, the tough energy of a close oligarchy--grouped in coteries--which is by no means finally disposed of when its rule is overthrown, and which is the more difficult to vanquish the more covert its action. They encountered here too, especially in the jury-courts, the repugnance of the middle classes towards the new monarchical rule, which with all the perplexities springing out of it they were as little able to remove. They suffered in both quarters a series of defeats. The election-victories of the opposition had, it is true, merely the value of demonstrations, since the regents possessed and employed the means of practically annulling any magistrate whom they disliked; but the criminal trials in which the opposition carried condemnations deprived them, in a way keenly felt, of useful auxiliaries. As things stood, the regents could neither set aside nor adequately control the popular elections and the jury-courts, and the opposition, however much it felt itself straitened even here, maintained to a certain extent the field of battle.

Literature of the Opposition

It proved, however, yet a more difficult task to encounter the opposition in a field, to which it turned with the greater zeal the more it was dislodged from direct political action. This was literature. Even the judicial opposition was at the same time a literary one, and indeed pre-eminently so, for the orations were regularly published and served as political pamphlets. The arrows of poetry hit their mark still more rapidly and sharply. The lively youth of the high aristocracy, and still more energetically perhaps the cultivated middle class in the Italian country towns, waged the war of pamphlets and epigrams with zeal and success. There fought side by side on this field the genteel senator's son Gaius Licinius Calvus (672-706) who was as much feared in the character of an orator and pamphleteer as of a versatile poet, and the municipals of Cremona and Verona Marcus Furius Bibaculus (652-691) and Quintus Valerius Catullus (667-c. 700) whose elegant and pungent epigrams flew swiftly like arrows through Italy and were sure to hit their mark. An oppositional tone prevails throughout the literature of these years. It is full of indignant sarcasm against the "great Caesar," "the unique general," against the affectionate father-in-law and son-in-law, who ruin the whole globe in order to give their dissolute favourites opportunity to parade the spoils of the long-haired Celts through the streets of Rome, to furnish royal banquets with the booty of the farthest isles of the west, and as rivals showering gold to supplant honest youths at home in the favour of their mistresses. There is in the poems of Catullus(9) and the other fragments of the literature of this period something of that fervour of personal and political hatred, of that republican agony overflowing in riotous humour or in stern despair, which are more prominently and powerfully apparent in Aristophanes and Demosthenes.

The most sagacious of the three rulers at least saw well that it was as impossible to despise this opposition as to suppress it by word of command. So far as he could, Caesar tried rather personally to gain over the more notable authors. Cicero himself had to thank his literary reputation in good part for the respectful treatment which he especially experienced from Caesar; but the governor of Gaul did not disdain to conclude a special peace even with Catullus himself through the intervention of his father who had become personally known to him in Verona; and the young poet, who had just heaped upon the powerful general the bitterest and most personal sarcasms, was treated by him with the most flattering distinction. In fact Caesar was gifted enough to follow his literary opponents on their own domain and to publish-- as an indirect way of repelling manifold attacks--a detailed report on the Gallic wars, which set forth before the public, with happily assumed naivete, the necessity and constitutional propriety of his military operations. But it is freedom alone that is absolutely and exclusively poetical and creative; it and it alone is able even in its most wretched caricature, even with its latest breath, to inspire fresh enthusiasm. All the sound elements of literature were and remained anti-monarchical; and, if Caesar himself could venture on this domain without proving a failure, the reason was merely that even now he still cherished at heart the magnificent dream of a free commonwealth, although he was unable to transfer it either to his adversaries or to his adherents. Practical politics was not more absolutely controlled by the regents than literature by the republicans.(10)

New Exceptional Measures Resolved on

It became necessary to take serious steps against this opposition, which was powerless indeed, but was always becoming more troublesome and audacious. The condemnation of Gabinius, apparently, turned the scale (end of 700). The regents agreed to introduce a dictatorship, though only a temporary one, and by means of this to carry new coercive measures especially respecting the elections and the jury-courts. Pompeius, as the regent on whom primarily devolved the government of Rome and Italy, was charged with the execution of this resolve; which accordingly bore the impress of the awkwardness in resolution and action that characterized him, and of his singular incapacity of speaking out frankly, even where he would and could command. Already at the close of 700 the demand for a dictatorship was brought forward in the senate in the form of hints, and that not by Pompeius himself. There served as its ostensible ground the continuance of the system of clubs and bands in the capital, which by acts of bribery and violence certainly exercised the most pernicious pressure on the elections as well as on the jury-courts and kept it in a perpetual state of disturbance; we must allow that this rendered it easy for the regents to justify their exceptional measures. But, as may well be conceived, even the servile majority shrank from granting what the future dictator himself seemed to shrink from openly asking. When the unparalleled agitation regarding the elections for the consulship of 701 led to the most scandalous scenes, so that the elections were postponed a full year beyond the fixed time and only took place after a seven months' interregnum in July 701, Pompeius found in this state of things the desired occasion for indicating now distinctly to the senate that the dictatorship was the only means of cutting, if not of loosing the knot; but the decisive word of command was not even yet spoken. Perhaps it would have still remained for long unuttered, had not the most audacious partisan of the republican opposition Titus Annius Milo stepped into the field at the consular elections for 702 as a candidate in opposition to the candidates of the regents, Quintus Metellus Scipio and Publius Plautius Hypsaeus, both men closely connected with Pompeius personally and thoroughly devoted to him.

Milo Killing of Clodius

Milo, endowed with physical courage, with a certain talent for intrigue and for contracting debt, and above all with an ample amount of native assurance which had been carefully cultivated, had made himself a name among the political adventurers of the time, and was the greatest bully in his trade next to Clodius, and naturally therefore through rivalry at the most deadly feud with the latter. As this Achilles of the streets had been acquired by the regents and with their permission was again playing the ultra- democrat, the Hector of the streets became as a matter of course an aristocrat! And the republican opposition, which now would have concluded an alliance with Catilina in person, had he presented himself to them, readily acknowledged Milo as their legitimate champion in all riots. In fact the few successes, which they carried off in this field of battle, were the work of Milo and of his well-trained band of gladiators. So Cato and his friends in return supported the candidature of Milo for the consulship; even Cicero could not avoid recommending one who had been his enemy's enemy and his own protector during many years; and as Milo himself spared neither money nor violence to carry his election, it seemed secured. For the regents it would have been not only a new and keenly-felt defeat, but also a real danger; for it was to be foreseen that the bold partisan would not allow himself as consul to be reduced to insignificance so easily as Domitius and other men of the respectable opposition. It happened that Achilles and Hector accidentally encountered each other not far from the capital on the Appian Way, and a fray arose between their respective bands, in which Clodius himself received a sword-cut on the shoulder and was compelled to take refuge in a neighbouring house. This had occurred without orders from Milo; but, as the matter had gone so far and as the storm had now to be encountered at any rate, the whole crime seemed to Milo more desirable and even less dangerous than the half; he ordered his men to drag Clodius forth from his lurking place and to put him to death (13 Jan. 702).

Anarchy in Rome

The street leaders of the regents' party--the tribunes of the people Titus Munatius Plancus, Quintus Pompeius Rufus, and Gaius Sallustius Crispus--saw in this occurrence a fitting opportunity to thwart in the interest of their masters the candidature of Milo and carry the dictatorship of Pompeius. The dregs of the populace, especially the freedmen and slaves, had lost in Clodius their patron and future deliverer;(11) the requisite excitement was thus easily aroused. After the bloody corpse had been exposed for show at the orators' platform in the Forum and the speeches appropriate to the occasion had been made, the riot broke forth. The seat of the perfidious aristocracy was destined as a funeral pile for the great liberator; the mob carried the body to the senate-house, and set the building on fire. Thereafter the multitude proceeded to the front of Milo's house and kept it under siege, till his band drove off the assailants by discharges of arrows. They passed on to the house of Pompeius and of his consular candidates, of whom the former was saluted as dictator and the latter as consuls, and thence to the house of the interrex Marcus Lepidus, on whom devolved the conduct of the consular elections. When the latter, as in duty bound, refused to make arrangements for the elections immediately, as the clamorous multitude demanded, he was kept during five days under siege in his dwelling house.

Dictatorship of Pompeius

But the instigators of these scandalous scenes had overacted their part. Certainly their lord and master was resolved to employ this favourable episode in order not merely to set aside Milo, but also to seize the dictatorship; he wished, however, to receive it not from a mob of bludgeon-men, but from the senate. Pompeius brought up troops to put down the anarchy which prevailed in the capital, and which had in reality become intolerable to everybody; at the same time he now enjoined what he had hitherto requested, and the senate complied. It was merely an empty subterfuge, that on the proposal of Cato and Bibulus the proconsul Pompeius, retaining his former offices, was nominated as "consul without colleague" instead of dictator on the 25th of the intercalary month(12) (702)--a subterfuge, which admitted an appellation labouring under a double incongruity(13) for the mere purpose of avoiding one which expressed the simple fact, and which vividly reminds us of the sagacious resolution of the waning patriciate to concede to the plebeians not the consulship, but only the consular power.(14)

Changes of in the Arrangement of Magistracies and the Jury-System

Thus in legal possession of full power, Pompeius set to work and proceeded with energy against the republican party which was powerful in the clubs and the jury-courts. The existing enactments as to elections were repeated and enforced by a special law; and by another against electioneering intrigues, which obtained retrospective force for all offences of this sort committed since 684, the penalties hitherto imposed were augmented. Still more important was the enactment, that the governorships, which were by far the more important and especially by far the more lucrative half of official life, should be conferred on the consuls and praetors not immediately on their retirement from the consulate or praetorship, but only after the expiry of other five years; an arrangement which of course could only come into effect after four years, and therefore made the filling up of the governorships for the next few years substantially dependent on decrees of senate which were to be issued for the regulation of this interval, and thus practically on the person or section ruling the senate at the moment. The jury-commissions were left in existence, but limits were put to the right of counter-plea, and--what was perhaps still more important--the liberty of speech in the courts was done away; for both the number of the advocates and the time of speaking apportioned to each were restricted by fixing a maximum, and the bad habit which had prevailed of adducing, in addition to the witnesses as to facts, witnesses to character or -laudatores-, as they were called, in favour of the accused was prohibited. The obsequious senate further decreed on the suggestion of Pompeius that the country had been placed in peril by the quarrel on the Appian Way; accordingly a special commission was appointed by an exceptional law for all crimes connected with it, the members of which were directly nominated by Pompeius. An attempt was also made to give once more a serious importance to the office of the censors, and by that agency to purge the deeply disordered burgess-body of the worst rabble.

All these measures were adopted under the pressure of the sword. In consequence of the declaration of the senate that the country was in danger, Pompeius called the men capable of service throughout Italy to arms and made them swear allegiance for all contingencies; an adequate and trustworthy corps was temporarily stationed at the Capitol; at every stirring of opposition Pompeius threatened armed intervention, and during the proceedings at the trial respecting the murder of Clodius stationed contrary to all precedent, a guard over the place of trial itself.

Humiliation of the Republicans

The scheme for the revival of the censorship failed, because among the servile majority of the senate no one possessed sufficient moral courage and authority even to become a candidate for such an office. On the other hand Milo was condemned by the jurymen (8 April 702) and Cato's candidature for the consulship of 703was frustrated. The opposition of speeches and pamphlets received through the new judicial ordinance a blow from which it never recovered; the dreaded forensic eloquence was thereby driven from the field of politics, and thenceforth felt the restraints of monarchy. Opposition of course had not disappeared either from the minds of the great majority of the nation or even wholly from public life--to effect that end the popular elections, the jury-courts, and literature must have been not merely restricted, but annihilated. Indeed, in these very transactions themselves, Pompeius by his unskilfulness and perversity helped the republicans to gain even under his dictatorship several triumphs which he severely felt. The special measures, which the rulers took to strengthen their power, were of course officially characterized as enactments made in the interest of public tranquillity and order, and every burgess, who did not desire anarchy, was described as substantially concurring in them. But Pompeius pushed this transparent fiction so far, that instead of putting safe instruments into the special commission for the investigation of the last tumult, he chose the most respectable men of all parties, including even Cato, and applied his influence over the court essentially to maintain order, and to render it impossible for his adherents as well as for his opponents to indulge in the scenes of disturbance customary in the courts of this period. This neutrality of the regent was discernible in the judgments of the special court. The jurymen did not venture to acquit Milo himself; but most of the subordinate persons accused belonging to the party of the republican opposition were acquitted, while condemnation inexorably befell those who in the last riot had taken part for Clodius, or in other words for the regents, including not a few of Caesar's and of Pompeius' own most intimate friends--even Hypsaeus his candidate for the consulship, and the tribunes of the people Plancus and Rufus, who had directed the -emeute- in his interest. That Pompeius did not prevent their condemnation for the sake of appearing impartial, was one specimen of his folly; and a second was, that he withal in matters quite indifferent violated his own laws to favour his friends-- appearing for example as a witness to character in the trial of Plancus, and in fact protecting from condemnation several accused persons specially connected with him, such as Metellus Scipio. As usual, he wished here also to accomplish opposite things; in attempting to satisfy the duties at once of the impartial regent and of the party-chief, he fulfilled neither the one nor the other, and was regarded by public opinion with justice as a despotic regent, and by his adherents with equal justice as a leader who either could not or would not protect his followers.

But, although the republicans were still stirring and were even refreshed by an isolated success here and there, chiefly through the blunders of Pompeius, the object which the regents had proposed to themselves in that dictatorship was on the whole attained, the reins were drawn tighter, the republican party was humbled, and the new monarchy was strengthened. The public began to reconcile themselves to the latter. When Pompeius not long after recovered from a serious illness, his restoration was celebrated throughout Italy with the accompanying demonstrations of joy which are usual on such occasions in monarchies. The regents showed themselves satisfied; as early as the 1st of August 702 Pompeius resigned his dictatorship, and shared the consulship with his client Metellus Scipio.