Over the centuries since, the role of the tribunes of the plebs had changed. Gradually their assemblage of Roman men, the Plebeian Assembly, had usurped the major share of lawmaking and moved from blocking the power of the Patriciate to protecting the interests of the knight-businessmen who formed the nucleus of the Plebeian Assembly and dictated policy to the Senate.
Then a special kind of tribune of the plebs began to emerge, culminating in the careers of two great plebeian noblemen, the brothers Tiberius and Gaius Sempronius Gracchus. Who used their office and the Plebeian Assembly to strip power from the Plebs as well as the Patriciate and give a trifle of it to those of lower status and little wealth. They had both died hideously for their pains, but their memory lived on and on. And they were followed by other great men in the job, as different in aims and ideals as Gaius Marius, Saturninus, Marcus Livius Drusus, Sulpicius, Aulus Gabinius, Titus Labienus, Publius Vatinius, Publius Clodius and Gaius Trebonius. But in Gabinius, Labienus, Vatinius and Trebonius a new phenomenon became absolutely established: they belonged to one particular man who dictated their policy; Pompey in the case of Gabinius and Labienus, Caesar in the case of Vatinius and Trebonius.
Almost five hundred years of the tribunate of the plebs was embodied in the ten men who sat on that long wooden bench on this first day of March, each clad in a plain white toga, none entitled to lictors, none constrained by the religious rituals which ringed all other Roman executives round. Eight of them had been in the Senate for two or three years before running for the tribunate of the plebs; two of them had entered the Senate upon being elected. And nine of them were nonentities, men whose names and faces would not last beyond their tenure of office.
That was not so of Gaius Scribonius Curio, who, as President of the College, occupied the middle of the tribunician bench. He looked the part of a tribune of the plebs, with that urchinish and freckled countenance, that unruly thatch of bright red hair, that vivid aura of huge energy and enthusiasm. A brilliant speaker known to be conservative in his political leanings, Curio was the son of a man who had been censor as well as consul, and young Curio had been one of Caesar's most telling opponents during the year of Caesar's consulship, even though he had not been old enough to enter the Senate at that time.
Some of his laws since entering office on the tenth day of the previous December were puzzling, seemed to hint that the bug of tribunician radical extremism had bitten him more deeply than had been expected.
First he had tried, unsuccessfully, to introduce a bill endowing a new curator of roads with a five-year proconsular imperium; many suspicious boni deemed this a ploy to give Caesar another, if unmilitary, command. Then as a pontifex he had tried to persuade the College of Pontifices to intercalate an extra twenty-two days into the year at the end of February. Which would have postponed the arrival of the Kalends of March and discussion of Caesar's provinces by twenty-two enormously valuable days. Again he was defeated. The road bill he had shrugged off as unimportant, but the intercalation of a Mercedonius month he clearly regarded as a very serious matter, for when the College of Pontifices kept on adamantly refusing, Curio was so irate he told them exactly what he thought of them. A reaction which provoked Cicero's great friend Caelius to write to Cilicia and inform Cicero that he thought Curio belonged to Caesar.
Luckily this shrewd guess was not arrived at by anyone else with an influential ear to whisper into, so on this day Curio sat looking as if he was interested in the scheduled proceedings, but not to any significant degree. The tribunes of the plebs had, after all, been muzzled by that unconstitutional decree forbidding them to veto discussion of Caesar's provinces in the House on pain of being automatically convicted of treason.
Paullus handed the meeting to Gaius Claudius Marcellus Major as soon as he had declared the House in session.
"Honored senior consul, censors, consulars, praetors, aediles, tribunes of the plebs, quaestors and Conscript Fathers," said Gaius Marcellus Major, on his feet, "this meeting has been convoked to deal with the proconsulship of Gaius Julius Caesar, governor of the three Gauls and Illyricum, in accordance with the law the consuls Gnaeus Pompeius Magnus and Marcus Licinius Crassus passed five years ago in the Popular Assembly. As stipulated in the lex Pompeia Licinia, today this House may freely discuss what to do with Gaius Caesar's tenure of office, his provinces, his army and his imperium. Under the law as it existed at the time the lex Pompeia Licinia was passed, the House on this day would have debated which of the senior magistrates in office this year it preferred to send to govern Gaius Caesar's provinces in March of next year, the latest date provided for under the lex Pompeia Licinia. However, during the sole consulship of Gnaeus Pompeius Magnus two years ago, the law was changed. It is now possible for the House to debate in a new and different way. Namely, that there is a small group of men sitting here who have been praetors or consuls, but who declined to govern a province following their tenure of office. With full legality this House may decide to utilize those reserves and appoint a new governor or governors for Illyricum and the three Gauls immediately. The consuls and praetors in office this year are disbarred from going to govern a province for five years, but we cannot possibly permit Gaius Caesar to continue to govern for five more years, can we?"
Gaius Marcellus Major paused, his dark, not unattractive face reflecting his enjoyment. No one spoke, so he pressed on.
"As all of us present here today know, Gaius Caesar has wrought wonders in his provinces. Eight years ago he started out with Illyricum, Italian Gaul and a Further Gaul which consisted of the Roman Gallic Province. Eight years ago he started out with two legions stationed in Italian Gaul and one in the Province. Eight years ago he started out to govern three provinces at peace, as they had been for a very long time. And during his first year the Senate approved of his acting to prevent the migrating tribe of the Helvetii from entering the Province. It did not authorize him to enter that region known as Gallia Comata to make war on one King Ariovistus of the Suebic Germani, titled Friend and Ally of the Roman People. It did not authorize him to recruit more legions. It did not authorize him, having subdued King Ariovistus, to march further into Gaul of the Long-hairs and pursue a war against tribes having no alliances with Rome. It did not authorize him to set up colonies of so-called Roman citizens beyond the Padus River in Italian Gaul. It did not authorize him to recruit and number his legions of non-citizen Italian Gauls as proper, fully Roman legions. It did not authorize him to make war, peace, treaties or accommodations in Gaul of the Long-hairs. It did not authorize him to maltreat ambassadors in good standing from certain Germanic tribes."
"Hear, hear!" cried Cato.
The senators murmured, shifted, looked uneasy; Curio sat on the tribunician bench, looking into the distance; Pompey sat still, gazing at his own face at the back of the curule dais; and the bald, savage-featured Lucius Ahenobarbus sat grinning unpleasantly.
"The Treasury," said Gaius Marcellus Major affably, "did not object to any of these unauthorized actions. Nor, by and large, did the members of this august body. For Gaius Caesar's activities brought great profits in their train, for Rome, for his army, and for himself. They made him a hero in the eyes of the lower classes, who adore to see Rome accumulate might, wealth, and the valorous deeds of her generals abroad. They enabled him to buy what he was unable to get from men's genuine good will—adherents in the Senate, tame tribunes of the plebs, a dominant faction in Rome's tribal assemblies, and the faces of thousands of his soldiers among the voters of the Centuries on the Campus Martius. And they enabled him to set a new style in governing: they enabled him to change Rome's hallowed mos maiorum, which had never permitted any Roman governor to invade non-Roman-owned territory with the object of conquering it for no better reason than to enhance his personal glory. For what did Rome stand to gain by the conquest of Gallia Comata, compared to what Rome stood to lose? The lives of her citizens, both under arms and engaged in peaceful pursuits. The hatred of peoples who know little of Rome and want no
truck with Rome. Who had not—and I repeat, had not!—attempted to encroach upon Roman territory and Roman property in any way until Gaius Caesar provoked them. Rome in the person of Gaius Caesar and his enormous, illegally recruited army marched into the lands of peaceful peoples and laid them waste. For what real reason? To enrich himself by the sale of a million Gallic slaves, so many slaves that he could afford to look generous from time to time by donating slaves to that enormous, illegally recruited army. Rome has been enriched, yes, but Rome is already rich thanks to the absolutely legal and defensive wars fought by many who are dead and some, like our honored consular Gnaeus Pompeius Magnus, who are sitting here today. For what real reason? To make Caesar a hero to the People, to provoke that ill-educated, over-emotional rabble into burning his daughter in our revered Forum Romanum and forcing the magistrates to agree to let her be entombed on the Campus Martius among Rome's heroes. I say this without intending any insult to the honored consular Gnaeus Pompeius Magnus, whose beloved wife she was. But the fact remains that Gaius Caesar provoked that response in the People, and it was for the sake of Gaius Caesar that they did it."
Pompey sat straight now, regally inclining his head to Gaius Marcellus Major, and looked as if he was in the throes of painful grief admixed with acute embarrassment.
Curio, face impassive, sat and listened with sinking heart. The speech was very good, very reasonable, and very tailored to appeal to the members of this exclusive, superiority-conscious body. It sounded as if it was right, correct, constitutional. It was going down extremely well among the backbenchers and among those on the middle tiers whose allegiance swayed from side to side like a sapling in a vortex. For some of it was unanswerable. Caesar was high-handed. But after this speech, how to counter in the only way, which was to point out that Caesar was by no means the first or the only Roman governor and general to set out to conquer? And how to persuade these dismal mice that Caesar knew what he was doing, that all of it was really to safeguard Rome, Italia and Rome's territories from the coming of the Germans? He sighed soundlessly, hunched his head into his shoulders and thrust his feet out so that he could lean his back against the cold blue-white marble of the front of the curule dais.
"I say," Gaius Marcellus Major went on, "that it is more than high time this august body put a stop to the career of this man Gaius Julius Caesar. Whose family and connections are so elevated that he genuinely believes himself above the law, above the tenets of the mos maiorum. He is another Lucius Cornelius Sulla. He has the birthright, the intelligence and the ability to be whatever he wishes to be. Well, we all know what happened to Sulla. What happened to Rome under Sulla. It took over two decades to rectify the damage Sulla did. The lives he took, the indignities he inflicted upon us, the autocracy he gathered to himself and used ruthlessly.
"I do not say that Gaius Caesar has patterned himself upon Lucius Cornelius Sulla deliberately. I do not believe that is the way the men of these incredibly old patrician families think. I believe that they believe they are just a little under the Gods they sincerely worship, and that, if they are allowed to run amok, nothing is beyond their temerity or their ideas of entitlement."
He drew a breath and stared straight at Caesar's youngest uncle, Lucius Aurelius Cotta, who had, throughout the years of Caesar's pro-consulship, maintained an imperturbable detachment.
"You all know that Gaius Caesar expects to stand for the consulship next year. You all know that this House refused to permit Gaius Caesar to stand for the consulship in absentia. He must cross the pomerium into the city to declare his candidacy, and the moment he does that, he abandons his imperium. Whereupon I and others present here today will lay charges against him for the many unauthorized actions he has taken. They are treasonous, Conscript Fathers! Recruitment of unauthorized legions—invasion of the lands of non-belligerents—bestowing our citizenship on men not entitled to it—founding colonies of such men and calling them Roman—murdering ambassadors who came in good faith— they are treasonous! Caesar will stand trial on many charges, and he will be convicted. For the courts will be special ones, and there will be more soldiers in the Forum Romanum than Gnaeus Pompeius put there for the trial of Milo. He will not escape retribution. You all know that. So think on it very carefully.
"I am going to propose a motion to strip Gaius Julius Caesar of his imperium, his provinces and his army, and I will do it per discessionem— by a division of the House. Further, I move that Gaius Caesar be deprived of all his proconsular authority, imperium and entitlements this very day, the Kalends of March in the year of the consulship of Lucius Aemilius Lepidus Paullus and Gaius Claudius Marcellus."
Curio didn't move, didn't sit up straight or alter the casual sprawl of his legs. He said, "I veto your motion, Gaius Marcellus."
The collective gasp which went up from almost four hundred pairs of lungs sounded like a huge wind, and was followed immediately by rustles, murmurs, scraping stools, one or two clapping hands.
Pompey goggled, Ahenobarbus emitted a long howl, and Cato sat bereft of words. Gaius Marcellus Major recovered first.
"I move," he said loudly, "that Gaius Julius Caesar be stripped of his imperium, his provinces and his army this very day, the Kalends of March in the year of the consulship of Lucius Aemilius Lepidus Paullus and Gaius Claudius Marcellus."
"I veto your motion, junior consul," said Curio.
A curious pause occurred during which no one moved, no one spoke. All eyes were riveted on Curio, whose face was invisible to those on the curule dais but visible to everyone else.
Cato leaped to his feet. "Traitor!" he roared. "Traitor, traitor, traitor! Arrest him!"
"Oh, rubbish!" cried Curio, got up from his bench and walked forward into the middle of the purple and white floor, where he stood with feet apart and head up. "Rubbish, Cato, and you know it! All you and your toadies passed was a senatorial decree which has no validity in law nor any, even the most transient, relevance to the constitution! No senatorial decree unsupported by martial law can deprive a properly elected tribune of the plebs of his right to interpose his veto! I veto the junior consul's motion, and I will go on vetoing it! Such is my right! And don't try to tell me that you'll march me off to a quick treason trial, then toss me off the end of the Tarpeian Rock! The Plebs would never stand for it! Who do you think you are, a patrician back in the days before the Plebs put patricians in their place? For someone who prates interminably about the arrogance and lawlessness of patricians, Cato, you behave remarkably like one yourself! Well, rubbish! Sit down and pipe down! I veto the junior consul's motion!"
"Oh, wonderful!" screamed a voice from beyond the open doors. "Curio, I adore you! I worship you! Wonderful, wonderful!"
And there stood Fulvia haloed by the light from the garden, the swell of her belly unmistakable beneath her orange and saffron gown, her lovely face alight.
Gaius Marcellus Major swallowed, shook all over, and lost his temper. "Lictors, remove that woman!" he shouted. "Throw her out onto the streets where she belongs!"
"Don't you lay a finger on her!" snarled Curio. "Whereabouts does it say that a Roman citizen of either sex cannot listen outside the Senate doors when they're open? Touch the granddaughter of Gaius Sempronius Gracchus and you'll be lynched by your despised, ill-educated and over-emotional rabble, Marcellus!"
The lictors hesitated; Curio grasped his chance. He strode down the length of the floor, seized his wife by the shoulders and kissed her ardently. "Go home, Fulvia, there's a good girl."
And Fulvia, smiling mistily, departed. Curio returned to the middle of the floor, grinning derisively at Marcellus Major.
"Lictors, arrest this man!" quavered Gaius Marcellus Major, so angry that beads of foam had gathered at the corners of his mouth and he trembled violently. "Arrest him! I charge him with treason and declare that he isn't fit to be at liberty! Throw him into the Lautumiae!"
"Lictors, I command you to stay where you are!" said Curio with impressive authority. "I am a tribune of the
plebs who is being obstructed in the pursuit of his tribunician duties! I have exercised my veto in a legal assembly of senatorial men, as is my right, and there is no emergency decree in existence to prevent my doing so! I order you to arrest the junior consul for attempting to obstruct a tribune of the plebs who is exercising his inviolable rights! Arrest the junior consul!"
Paralyzed until now, Paullus lumbered to his feet and gestured to his chief lictor, who held the fasces, to drum the end of his bundle of rods on the floor. "Order! Order!" Paullus roared. "I want order! This meeting will come to order!"
"It's my meeting, not yours!" yelled Marcellus Major. "Stay out of it, Paullus, I warn you!"
"I am the consul with the fasces," the normally lethargic Paullus thundered, "and that means it's my meeting, junior consul! Sit down! Everyone sit down! I will have order or I will have my lictors disband this meeting—by force, if necessary! Cato, shut your mouth! Ahenobarbus, don't even think of it! I will have order!" He glared at the impenitent Curio, who resembled a particularly annoying little dog, jauntily unafraid of a pack of wolves. "Gaius Scribonius Curio, I respect your right to exercise your veto, and I agree that to obstruct you is unconstitutional. But I think this House deserves to hear why you have interposed your veto. You have the floor."
Curio nodded, passed his hand over his fiery head, and looked hungry because it gave him a chance to lick his lips. Oh, for a drink of water! But to ask for one would be weakness.
"My thanks, senior consul. There is no need to dwell upon whatever legal measures certain men here may plan to take against the proconsul Gaius Julius Caesar. They are not relevant, and it was inappropriate for the junior consul to mention them in his speech. He should have confined himself to the reasons why he wishes to move that Gaius Caesar be stripped of his proconsulship and his provinces."
Caesar Page 49
