The history of Rome. Book V

by Theodor Mommsen

  Of the countless evils involved in this coalition, there was developed in the meantime only one - but that already a very grave one - that Pompeius surrendered the power of commencing hostilities against Caesar when and how he pleased, and in this decisive point made himself dependent on all the accidents and caprices of an aristocratic corporation.

  The Republicans

  Thus the republican opposition, after having been for years obliged to rest content with the part of a mere spectator and having hardly ventured to whisper, was now brought back once more to the political stage by the impending rupture between the regents. It consisted primarily of the circle which rallied round Cato - those republicans who were resolved to venture on the struggle for the republic and against the monarchy under all circumstances, and the sooner the better. The pitiful issue of the attempt made in 698[15] had taught them that they by themselves alone were not in a position either to conduct war or even to call it forth; it was known to every one that even in the senate, while the whole corporation with a few isolated exceptions was averse to monarchy, the majority would still only restore the oligarchic government if it might be restored without danger - in which case, doubtless, it had a good while to wait. In presence of the regents on the one hand, and on the other hand of this indolent majority, which desired peace above all things and at any price, and was averse to any decided action and most of all to a decided rupture with one or other of the regents, the only possible course for the Catonian party to obtain a restoration of the old rule lay in a coalition with the less dangerous of the rulers. If Pompeius acknowledged the oligarchic constitution and offered to fight for it against Caesar, the republican opposition might and must recognize him as its general, and in alliance with him compel the timid majority to a declaration of war.

  That Pompeius was not quite in earnest with his fidelity to the constitution, could indeed escape nobody; but, undecided as he was in everything, he had by no means arrived like Caesar at a clear and firm conviction that it must be the first business of the new monarch to sweep off thoroughly and conclusively the oligarchic lumber. At any rate the war would train a really republican army and really republican generals; and, after the victory over Caesar, they might proceed with more favourable prospects to set aside not merely oneof the monarchs, but the monarchy itself, which was in the course of formation. Desperate as was the cause of the oligarchy, the offer of Pompeius to become its ally was the most favourable arrangement possible for it.

  Their League with Pompeius

  The conclusion of the alliance between Pompeius and the Catonian party was effected with comparative rapidity. Already during the dictatorship of Pompeius a remarkable approximation had taken place between them. The whole behaviour of Pompeius in the Milonian crisis, his abrupt repulse of the mob that offered him the dictatorship, his distinct declaration that he would accept this office only from the senate, his unrelenting severity against disturbers of the peace of every sort and especially against the ultra-democrats, the surprising complaisance with which he treated Cato and those who shared his views, appeared as much calculated to gain the men of order as they were offensive to the democrat Caesar.

  On the other hand Cato and his followers, instead of combating with their wonted sternness the proposal to confer the dictatorship on Pompeius, had made it with immaterial alterations of form their own; Pompeius had received the undivided consulship primarily from the hands of Bibulus and Cato. While the Catonian party and Pompeius had thus at least a tacit understanding as early as the beginning of 702, the alliance might be held as formally concluded, when at the consular elections for 703 there was elected not Cato himself indeed, but - along with an insignificant man belonging to the majority of the senate - one of the most decided adherents of Cato, Marcus Claudius Marcellus. Marcellus was no furious zealot and still less a genius, but a steadfast and strict aristocrat, just the right man to declare war if war was to be begun with Caesar. As the case stood, this election, so surprising after the repressive measures adopted immediately before against the republican opposition, can hardly have occurred otherwise than with the consent, or at least under the tacit permission, of the regent of Rome for the time being. Slowly and clumsily, as was his wont, but steadily Pompeius moved onward to the rupture.

  Passive Resistance of Caesar

  It was not the intention of Caesar on the other hand to fall out at this moment with Pompeius. He could not indeed desire seriously and permanently to share the ruling power with any colleague, least of all with one of so secondary a sort as was Pompeius; and beyond doubt he had long resolved after terminating the conquest of Gaul to take the sole power for himself, and in case of need to extort it by force of arms. But a man like Caesar, in whom the officer was thoroughly subordinate to the statesman, could not fail to perceive that the regulation of the political organism by force of arms does in its consequences deeply and often permanently disorganize it; and therefore he could not but seek to solve the difficulty, if at all possible, by peaceful means or at least without open civil war. But even if civil war was not to be avoided, he could not desire to be driven to it at a time, when in Gaul the rising of Vercingetorix imperilled afresh all that had been obtained and occupied him without interruption from the winter of 701-702 to the winter of 702-703, and when Pompeius and the constitutional party opposed to him on principle were dominant in Italy. Accordingly he sought to preserve the relation with Pompeius and thereby the peace unbroken, and to attain, if at all possible, by peaceful means to the consulship for 706 already assured to him at Luca. If he should then after a conclusive settlement of Celtic affairs be placed in a regular manner at the head of the state, he, who was still more decidedly superior to Pompeius as a statesman than as a general, might well reckon on outmanoeuvring the latter in the senate-house and in the Forum without special difficulty. Perhaps it was possible to find out for his awkward, vacillating, and arrogant rival some sort of honourable and influential position, in which the latter might be content to sink into a nullity; the repeated attempts of Caesar to keep himself related by marriage to Pompeius, may have been designed to pave the way for such a solution and to bring about a final settlement of the old quarrel through the succession of offspring inheriting the blood of both competitors. The republican opposition would then remain without a leader and therefore probably quiet, and peace would be preserved. If this should not be successful, and if there should be, as was certainly possible, a necessity for ultimately resorting to the decision of arms, Caesar would then as consul in Rome dispose of the compliant majority of the senate; and he could impede or perhaps frustrate the coalition of the Pompeians and the republicans, and conduct the war far more suitably and more advantageously, than if he now as proconsul of Gaul gave orders to march against the senate and its general.

  Certainly the success of this plan depended on Pompeius being good-natured enough to let Caesar still obtain the consulship for 706 assured to him at Luca; but, even if it failed, it would be always of advantage for Caesar to have given practical and repeated evidence of the most yielding disposition. On the one hand time would thus be gained for attaining his object meanwhile in Gaul; on the other hand his opponents would be left with the odium of initiating the rupture and consequently the civil war - which was of the utmost moment for Caesar with reference to the majority of the senate and the party of material interests, and more especially with reference to his own soldiers.

  On these views he acted. He armed certainly; the number of his legion was raised through new levies in the winter of 702-703 to eleven, including that borrowed from Pompeius. But at the same time he expressly and openly approved of Pompeius' conduct during the dictatorship and the restoration of order in the capital which he had effected, rejected the warnings of officious friends as calumnies, reckoned every day by which he succeeded in postponing the catastrophe a gain, overlooked whatever could be overlooked and bore whatever could be borne - immoveably adhering only to the one decisive demand that, when his govern
orship of Gaul came to an end with 705, the second consulship, admissible by republican state-law and promised to him according to agreement by his colleague, should be granted to him for the year 706.

  Preparation for Attacks on Caesar

  This very demand became the battle-field of the diplomatic war which now began. If Caesar were compelled either to resign his office of governor before the last day of December 705, or to postpone the assumption of the magistracy in the capital beyond the 1st January 706, so that he should remain for a time between the governorship and the consulate without office, and consequently liable to criminal impeachment - which according to Roman law was only allowable against one who was not in office - the public had good reason to prophesy for him in this case the fate of Milo, because Cato had for long been ready to impeach him and Pompeius was a more than doubtful protector.

  Attempt to Keep Caesar Out of the Consulship

  Now, to attain that object, Caesar's opponents had a very simple means. According to the existing ordinance as to elections, every candidate for the consulship was obliged to announce himself personally to the presiding magistrate, and to cause his name to be inscribed on the official list of candidates before the election, that is half a year before entering on office. It had probably been regarded in the conferences at Luca as a matter of course that Caesar would be released from this obligation, which was purely formal and was very often dispensed with; but the decree to that effect had not yet been issued, and, as Pompeius was now in possession of the decretive machinery, Caesar depended in this respect on the good will of his rival. Pompeius incomprehensibly abandoned of his own accord this completely secure position; with his consen and during his dictatorship (702) the personal appearance of Caesar was dispensed with by a tribunician law. When however soon afterwards the new election-ordinance[16] was issued, the obligation of candidates personally to enrol themselves was repeated in general terms, and no sort of exception was added in favour of those released from it by earlier resolutions of the people; according to strict form the privilege granted in favour of Caesar was cancelled by the later general law. Caesar complained, and the clause was subsequently appended but not confirmed by special decree of the people, so that this enactment inserted by mere interpolation in the already promulgated law could only be looked on de jure as a nullity. Where Pompeius, therefore, might have simply kept by the law, he had preferred first to make a spontaneous concession, then to recall it, and lastly to cloak this recall in a manner most disloyal.

  Attempt to Shorten Caesar's Governorship

  While in this way the shortening of Caesar's governorship was only aimed at indirectly, the regulations issued at the same time as to the governorships sought the same object directly. The ten years for which the governorship had been secured to Caesar, in the last instance through the law proposed by Pompeius himself in concert with Crassus, ran according to the usual mode of reckoning from 1 March 695 to the last day of February 705. As, however, according to the earlier practice, the proconsul or propraetor had the right of entering on his provincial magistracy immediately after the termination of his consulship or praetorship, the successor of Caesar was to be nominated, not from the urban magistrates of 704, but from those of 705, and could not therefore enter before 1st Jan. 706. So far Caesar had still during the last ten months of the year 705 a right to the command, not on the ground of the Pompeio-Licinian law, but on the ground of the old rule that a command with a set term still continued after the expiry of the term up to the arrival of the successor. But now, since the new regulation of 702 called to the governorships not the consuls and praetors going out, but those who had gone out five years ago or more, and thus prescribed an interval between the civil magistracy and the command instead of the previous immediate sequence, there was no longer any difficulty in straightway filling up from another quarter every legally vacant governorship, and so, in the case in question, bringing about for the Gallic provinces the change of command on the 1st March 705, instead of the 1st Jan. 706.

  The pitiful dissimulation and procrastinating artifice of Pompeius are after a remarkable manner mixed up, in these arrangements, with the wily formalism and the constitutional erudition of the republican party. Years before these weapons of state-law could be employed, they had them duly prepared, and put themselves in a condition on the one hand to compel Caesar to the resignation of his command from the day when the term secured to him by Pompeius' own law expired, that is from the 1st March 705, by sending successors to him, and on the other hand to be able to treat as null and void the votes tendered for him at the elections for 706. Caesar, not in a position to hinder these moves in the game, kept silence and left things to their own course.

  Debates as to Caesar's Recall

  Gradually therefore the slow course of constitutional procedure developed itself. According to custom the senate had to deliberate on the governorships of the year 705, so far as they went to former consuls, at the beginning of 703, so far as they went to former praetors, at the beginning of 704; that earlier deliberation gave the first occasion to discuss the nomination of new governors for the two Gauls in the senate, and thereby the first occasion for open collision between the constitutional party pushed forward by Pompeius and the senatorial supporters of Caesar. The consul Marcus Marcellus introduced a proposal to give the two provinces hitherto administered by the proconsul Gaius Caesar from the 1st March 705 to the two consulars who were to be provided with governorships for that year. The long-repressed indignation burst forth in a torrent through the sluice once opened; everything that the Catonians were meditating against Caesar was brought forward in these discussions. For them it was a settled point, that the right granted by exceptional law to the proconsul Caesar of announcing his candidature for the consulship in absence had been again cancelled by a subsequent decree of the people, and that the reservation inserted in the latter was invalid.

  The senate should in their opinion cause this magistrate, now that the subjugation of Gaul was ended, to discharge immediately the soldiers who had served out their time. The cases in which Caesar had bestowed burgess-rights and established colonies in Upper Italy were described by them as unconstitutional and null; in further illustration of which Marcellus ordained that a respected senator of the Caesarian colony of Comum, who, even if that place had not burgess but only Latin rights, was entitled to lay claim to Roman citizenship[17], should receive the punishment of scourging, which was admissible only in the case of non-burgesses.

  The supporters of Caesar at this time - among whom Gaius Vibius Pansa, who was the son of a man proscribed by Sulla but yet had entered on a political career, formerly an officer in Caesar's army and in this year tribune of the people, was the most notable - affirmed in the senate that both the state of things in Gaul and equity demanded not only that Caesar should not be recalled before the time, but that he should be allowed to retain the command along with the consulship; and they pointed beyond doubt to the facts, that a few years previously Pompeius had just in the same way combined the Spanish governorships with the consulate, that even at the present time, besides the important office of superintending the supply of food to the capital, he held the supreme command in Italy in addition to the Spanish, and that in fact the whole men capable of arms had been sworn in by him and had not yet been released from their oath.

  The process began to take shape, but its course was not on that account more rapid. The majority of the senate, seeing the breach approaching, allowed no sitting capable of issuing a decree to take place for months; and other months in their turn were lost over the solemn procrastination of Pompeius. At length the latter broke the silence and ranged himself, in a reserved and vacillating fashion as usual but yet plainly enough, on the side of the constitutional party against his former ally. He summarily and abruptly rejected the demand of the Caesarians that their master should be allowed to conjoin the consulship and the proconsulship; this demand, he added with blunt coarseness, seemed to him no better th
an if a son should offer to flog his father. He approved in principle the proposal of Marcellus, in so far as he too declared that he would not allow Caesar directly to attach the consulship to the pro-consulship. He hinted, however, although without making any binding declaration on the point, that they would perhaps grant to Caesar admission to the elections for 706 without requiring his personal announcement, as well as the continuance of his governorship at the utmost to the 13th Nov. 705. But in the meantime the incorrigible procrastinator consented to the postponement of the nomination of successors to the last day of Feb. 704, which was asked by the representatives of Caesar, probably on the ground of a clause of the Pompeio-Licinian law forbidding any discussion in the senate as to the nomination of successors before the beginning of Caesar's last year of office.