The history of Rome. Book V

by Theodor Mommsen

  First of all all the more important affairs, and particularly all that related to military matters and external relations, were disposed of without consulting the senate upon them, sometimes by decree of the people, sometimes by the mere good pleasure of the rulers. The arrangements agreed on at Luca respecting the military command of Gaul were submitted directly to the burgesses by Crassus and Pompeius, those relating to Spain and Syria by the tribune of the people Gaius Trebonius, and in other instances the more important governorships were frequently filled up by decree of the people.

  That the regents did not need the consent of the authorities to increase their troops at pleasure, Caesar had already sufficiently shown: as little did they hesitate mutually to borrow troops; Caesar for instance received such collegiate support from Pompeius for the Gallic, and Crassus from Caesar for the Parthian, war. The Transpadanes, who possessed according to the existing constitution only Latin rights, were treated by Caesar during his administration practically as full burgesses of Rome[7]. While formerly the organization of newly-acquired territories had been managed by a senatorial commission, Caesar organized his extensive Gallic conquests altogether according to his own judgment, and founded, for instance, without having received any farther full powers burgess-colonies, particularly Novum-Comum (Como) with five thousand colonists. Piso conducted the Thracian, Gabinius the Egyptian, Crassus the Parthian war, without consulting the senate, and without even reporting, as was usual, to that body; in like manner triumphs and other marks of honour were accorded and carried out, without the senate being asked about them.

  Obviously this did not arise from a mere neglect of forms, which would be the less intelligible, seeing that in the great majority of cases no opposition from the senate was to be expected. On the contrary, it was a well-calculated design to dislodge the senate from the domain of military arrangements and of higher politics, and to restrict its share of administration to financial questions and internal affairs; and even opponents plainly discerned this and protested, so far as they could, against this conduct of the regents by means of senatorial decrees and criminal actions. While the regents thus in the main set aside the senate, they still made some use of the less dangerous popular assemblies - care was taken that in these the lords of the street should put no farther difficulty in the way of the lords of the state; in many cases however they dispensed even with this empty shadow, and employed without disguise autocratic forms.

  The Senate under the Monarchy - Cicero and the Majority

  The humbled senate had to submit to its position whether it would or not. The leader of the compliant majority continued to be Marcus Cicero. He was useful on account of his lawyer's talent of finding reasons, or at any rate words, for everything; and there was a genuine Caesarian irony in employing the man, by means of whom mainly the aristocracy had conducted their demonstrations against the regents, as the mouthpiece of servility. Accordingly they pardoned him for his brief desire to kick against the pricks, not however without having previously assured themselves of his submissiveness in every way. His brother had been obliged to take the position of an officer in the Gallic army to answer in some measure as a hostage for him; Pompeius had compelled Cicero himself to accept a lieutenant-generalship under him, which furnished a handle for politely banishing him at any moment. Clodius had doubtless been instructed to leave him meanwhile at peace, but Caesar as little threw off Clodius on account of Cicero as he threw off Cicero on account of Clodius; and the great saviour of his country and the no less great hero of liberty entered into an antechamber-rivalry in the headquarters of Samarobriva, for the befitting illustration of which there lacked, unfortunately, a Roman Aristophanes. But not only was the same rod kept in suspense over Cicero's head, which had once already descended on him so severely; golden fetters were also laid upon him. Amidst the serious embarrassment of his finances the loans of Caesar free of interest, and the joint overseership of those buildings which occasioned the circulation of enormous sums in the capital, were in a high degree welcome to him; and many an immortal oration for the senate was nipped in the bud by the thought of Caesar's agent, who might present a bill to him after the close of the sitting.

  Consequently he vowed "in future to ask no more after right and honour, but to strive for the favour of the regents". and "to be as flexible as an ear-lap". They used him accordingly as - what he was good for - an advocate; in which capacity it was on various occasions his lot to be obliged to defend his very bitterest foes at a higher bidding, and that especially in the senate, where he almost regularly served as the organ of the dynasts and submitted the proposals "to which others probably consented, but not he himsel"; indeed, as recognized leader of the majority of the compliant, he obtained even a certain political importance. They dealt with the other members of the governing corporation accessible to fear, flattery, or gold in the same way as they had dealt with Cicero, and succeeded in keeping it on the whole in subjection.

  Cato and the Minority

  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 muc
h 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.

  Lit
erature 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.