The history of Rome. Book V

by Theodor Mommsen

  The pretext under which Pompeius refused to dismiss the army was, that he distrusted Crassus and therefore could not take the initiative in disbanding the soldiers. The democrats induced Crassus to make gracious advances in the matter, and to offer the hand of peace to his colleague before the eyes of all; in public and in private they besought the latter that to the double merit of having vanquished the enemy and reconciled the parties he would add the third and yet greater service of preserving internal peace to his country, and banishing the fearful spectre of civil war with which they were threatened. Whatever could tell on a vain, unskilful, vacillating man - all the flattering arts of diplomacy, all the theatrical apparatus of patriotic enthusiasm - was put in motion to obtain the desired result; and - which was the main point - things had by the well-timed compliance of Crassus assumed such a shape, that Pompeius had no alternative but either to come forward openly as tyrant of Rome or to retire. So he at length yielded and consented to disband the troops. The command in the Mithradatic war, which he doubtless hoped to obtain when he had allowed himself to be chosen consul for 684, he could not now desire, since Lucullus seemed to have practically ended that war with the campaign of 683.

  He deemed it beneath his dignity to accept the consular province assigned to him by the senate in accordance with the Sempronian law, and Crassus in this followed his example. Accordingly when Pompeius after discharging his soldiers resigned his consulship on the last day of 684, he retired for the time wholly from public affairs, and declared that he wished thenceforth to live a life of quiet leisure as a simple citizen. He had taken up such a position that he was obliged to grasp at the crown; and, seeing that he was not willing to do so, no part was left to him but the empty one of a candidate for a throne resigning his pretensions to it.

  Senate, Equites, and Populares

  The retirement of the man, to whom as things stood the first place belonged, from the political stage reproduced in the first instance nearly the same position of parties, which we found in the Gracchan and Marian epochs. Sulla had merely strengthened the senatorial government, not created it; so, after the bulwarks erected by Sulla had fallen, the government nevertheless remained primarily with the senate, although, no doubt, the constitution with which it governed - in the main the restored Gracchan constitution - was pervaded by a spirit hostile to the oligarchy. The democracy had effected the re-establishment of the Gracchan constitution; but without a new Gracchus it was a body without a head, and that neither Pompeius nor Crassus could be permanently such a head, was in itself clear and had been made still clearer by the recent events. So the democratic opposition, for want of a leader who could have directly taken the helm, had to content itself for the time being with hampering and annoying the government at every step. Between the oligarchy, however, and the democracy there rose into new consideration the capitalist party, which in the recent crisis had made common cause with the latter, but which the oligarchs now zealously endeavoured to draw over to their side, so as to acquire in it a counterpoise to the democracy.

  Thus courted on both sides the moneyed lords did not neglect to turn their advantageous position to profit, and to have the only one of their former privileges which they had not yet regained - the fourteen benches reserved for the equestrian order in the theatre - now (687) restored to them by decree of the people. On the whole, without abruptly breaking with the democracy, they again drew closer to the government. The very relations of the senate to Crassus and his clients point in this direction; but a better understanding between the senate and the moneyed aristocracy seems to have been chiefly brought about by the fact, that in 686 the senate withdrew from Lucius Lucullus the ablest of the senatorial officers, at the instance of the capitalists whom he had sorely annoyed, the dministration of the province of Asia so important for their purposes[8].

  The Events in the East, and Their Reaction on Rome But while the factions of the capital were indulging in their wonted mutual quarrels, which they were never able to bring to any proper decision, events in the east followed their fatal course, as we have already described; and it was these events that brought the dilatory course of the politics of the capital to a crisis.

  The war both by land and by sea had there taken a most unfavourable turn. In the beginning of 687 the Pontic army of the Romans was destroyed, and their Armenian army was utterly breaking up on its retreat; all their conquests were lost, the sea was exclusively in the power of the pirates, and the price of grain in Italy was thereby so raised that they were afraid of an actual famine.

  No doubt, as we saw, the faults of the generals, especially the utter incapacity of the admiral Marcus Antonius and the temerity of the otherwise able Lucius Lucullus, were in part the occasion of these calamities; no doubt also the democracy had by its revolutionary agitations materially contributed to the breaking up of the Armenian army. But of course the government was now held cumulatively responsible for all the mischief which itself and others had occasioned, and the indignant hungry multitude desired only an opportunity to settle accounts with the senate.

  Reappearance of Pompeius

  It was a decisive crisis. The oligarchy, though degraded and disarmed, was not yet overthrown, for the management of public affairs was still in the hands of the senate; but it would fall, if its opponents should appropriate to themselves that management, and more especially the superintendence of military affairs; and now this was possible. If proposals for another and better management of the war by land and sea were now submitted to the comitia, the senate was obviously - looking to the temper of the burgesses - not in a position to prevent their passing; and an interference of the burgesses in these supreme questions of administration was practically the deposition of the senate and the transference of the conduct of the state to the leaders of opposition. Once more the concatenation of events brought the decision into the hands of Pompeius. For more than two years the famous general had lived as a private citizen in the capital. His voice was seldom heard in the senate-house or in the Forum; in the former he was unwelcome and without decisive influence, in the latter he was afraid of the stormy proceedings of the parties. But when he did show himself, it was with the full retinue of his clients high and low, and the very solemnity of his reserve imposed on the multitude.

  If he, who was still surrounded with the full lustre of his extraordinary successes, should now offer to go to the east, he would beyond doubt be readily invested by the burgesses with all the plenitude of military and political power which he might himself ask. For the oligarchy, which saw in the political-military dictatorship their certain ruin, and in Pompeius himself since the coalition of 683 their most hated foe, this was an overwhelming blow; but the democratic party also could have little comfort in the prospect. However desirable the putting an end to the government of the senate could not but be in itself, it was, if it took place in this way, far less a victory for their party than a personal victory for their over-powerful ally. In the latter there might easily arise a far more dangerous opponent to the democratic party than the senate had been. The danger fortunately avoided a few years before by the disbanding of the Spanish army and the retirement of Pompeius would recur in increased measure, if Pompeius should now be placed at the head of the armies of the east.

  Overthrow of the Senatorial Rule, and New Power of Pompeius

  On this occasion, however, Pompeius acted or at least allowed others to act in his behalf. In 687 two projects of law were introduced, one of which, besides decreeing the discharge - long since demanded by the democracy - of the soldiers of the Asiatic army who had served their term, decreed the recall of its commander-in-chief Lucius Lucullus and the supplying of his place by one of the consuls of the current year, Gaius Piso or Manius Glabrio; while the second revived and extended the plan proposed seven years before by the senate itself for clearing the seas from the pirates. A single general to be named by the senate from the consulars was to be appointed, to hold by sea exclusive command over the whole Mediterran
ean from the Pillars of Hercules to the coasts of Pontus and Syria, and to exercise by land, concurrently with the respective Roman governors, supreme command over the whole coasts for fifty miles inland. The office was secured to him for three years. He was surrounded by a staff, such as Rome had never seen, of five-and-twenty lieutenants of senatorial rank, all invested with praetorian insignia and praetorian powers, and of two under-treasurers with quaestorian prerogatives, all of them selected by the exclusive will of the general commanding-in-chief.

  He was allowed to raise as many as 120,000 infantry, 5000 cavalry, 500 ships of war, and for this purpose to dispose absolutely of the means of the provinces and client-states; moreover, the existing vessels of war and a considerable number of troops were at once handed over to him. The treasures of the state in the capital and in the provinces as well as those of the dependent communities were to be placed absolutely at his command, and in spite of the severe financial distress a sum of; 1,400,000 pounds (144,000,000 sesterces) was at once to be paid to him from the state-chest.

  Effect of the Projects of Law

  It is clear that by these projects of law, especially by that which related to the expedition against the pirates, the government of the senate was set aside. Doubtless the ordinary supreme magistrates nominated by the burgesses were of themselves the proper generals of the commonwealth, and the extraordinary magistrates needed, at least according to strict law, confirmation by the burgesses in order to act as generals; but in the appointment to particular commands no influence constitutionally belonged to the community, and it was only on the proposition of the senate, or at any rate on that of a magistrate entitled in himself to hold the office of general, that the comitia had hitherto now and again interfered in this matter and conferred such special functions. In this field, ever since there had existed a Roman free state, the practically decisive voice pertained to the senate, and this its prerogative had in the course of time obtained full recognition. No doubt the democracy had already assailed it; but even in the most doubtful of the cases which had hitherto occurred - the transference of the African command to Gaius Marius in 647[9] - it was only a magistrate constitutionally entitled to hold the office of general that was entrusted by the resolution of the burgesses with a definite expedition.

  But now the burgesses were to invest any private man at their pleasure not merely with the extraordinary authority of the supreme magistracy, but also with a sphere of office definitely settled by them. That the senate had to choose this man from the ranks of the consulars, was a mitigation only in form; for the selection was left to it simply because there was really no choice, and in presence of the vehemently excited multitude the senate could entrust the chief command of the seas and coasts to no other save Pompeius alone. But more dangerous still than this negation in principle of the senatorial control was its practical abolition by the institution of an office of almost unlimited military and financial powers. While the office of general was formerly restricted to a term of one year, to a definite province, and to military and financial resources strictly measured out, the new extraordinary office had from the outset a duration of three years secured to it - which of course did not exclude a farther prolongation; had the greater portion of all the provinces, and even Italy itself which was formerly free from military jurisdiction, subordinated to it; had the soldiers, ships, treasures of the state placed almost without restriction at its disposal. Even the primitive fundamental principle in the state-law of the Roman republic, which we have just mentioned - that the highest military and civil authority could not be conferred without the co-operation of the burgesses - was infringed in favour of the new commander-in-chief. Inasmuch as the law conferred beforehand on the twenty-five adjutants whom he was to nominate praetorian rank and praetorian prerogatives[10], the highest office of republican Rome became subordinate to a newly created office, for which it was left to the future to find the fitting name, but which in reality even now involved in it the monarchy. It was a total revolution in the existing order of things, for which the foundation was laid in this project of law.

  Pompeius and the Gabinian Laws

  These measures of a man who had just given so striking proofs of his vacillation and weakness surprise us by their decisive energy. Nevertheless the fact that Pompeius acted on this occasion more resolutely than during his consulate is very capable of explanation.

  The point at issue was not that he should come forward at once as monarch, but only that he should prepare the way for the monarchy by a military exceptional measure, which, revolutionary as it was in its nature, could still be accomplished under the forms of the existing constitution, and which in the first instance carried Pompeius so far on the way towards the old object of his wishes, the command against Mithradates and Tigranes.

  Important reasons of expediency also might be urged for the emancipation of the military power from the senate. Pompeius could not have forgotten that a plan designed on exactly similar principles for the suppression of piracy had a few years before failed through the mismanagement of the senate, and that the issue of the Spanish war had been placed in extreme jeopardy by the neglect of the armies on the part of the senate and its injudicious conduct of the finances; he could not fail to see what were the feelings with which the great majority of the aristocracy regarded him as a renegade Sullan, and what fate was in store for him, if he allowed himself to be sent as general of the government with the usual powers to the east. It was natural therefore that he should indicate a position independent of the senate as the first condition of his undertaking the command, and that the burgesses should readily agree to it. It is moreover in a high degree probable that Pompeius was on this occasion urged to more rapid action by those around him, who were, it may be presumed, not a little indignant at his retirement two years before. The projects of law regarding the recall of Lucullus and the expedition against the pirates were introduced by the tribune of the people Aulus Gabinius, a man ruined in finances and morals, but a dexterous negotiator, a bold orator, and a brave soldier. Little as the assurance of Pompeius, that he had no wish at all for the chief command in the war with the pirates and only longed for domestic repose, were meant in earnest, there was probably this much of truth in them, that the bold and active client, who was in confidential intercourse with Pompeius and his more immediate circle and who completely saw through the situation and the men, took the decision to a considerable extent out of the hands of his shortsighted and resourceless patron.

  The Parties in Relation to the Gabinian Laws

  The democracy, discontented as its leaders might be in secret, could not well come publicly forward against the project of law. It would, to all appearance, have been in no case able to hinder the carrying of the law; but it would by opposition have openly broken with Pompeius and thereby compelled him either to make approaches to the oligarchy or regardlessly to pursue his personal policy in the face of both parties. No course was left to the democrats but still even now to adhere to their alliance with Pompeius, hollow as it was, and to embrace the present opportunity of at least definitely overthrowing the senate and passing over from opposition into government, leaving the ulterior issue to the future and to the well-known weakness of Pompeius' character. Accordingly their leaders - the praetor Lucius Quinctius, the same who seven years before had exerted himself for the restoration of the tribunician power[11], and the former quaestor Gaius Caesar - supported the Gabinian proposals.

  The privileged classes were furious - not merely the nobility, but also the mercantile aristocracy, which felt its exclusive rights endangered by so thorough a state-revolution and once more recognized its true patron in the senate. When the tribune Gabinius after the introduction of his proposals appeared in the senate-house, the fathers of the city were almost on the point of strangling him with their own hands, without considering in their zeal how extremely disadvantageous for them this method of arguing must have ultimately proved. The tribune escaped to the Forum and summoned the
multitude to storm the senate-house, when just at the right time the sitting terminated. The consul Piso, the champion of the oligarchy, who accidentally fell into the hands of the multitude, would have certainly become a victim to popular fury, had not Gabinius come up and, in order that his certain success might not be endangered by unseasonable acts of violence, liberated the consul. Meanwhile the exasperation of the multitude remained undiminished and constantly found fresh nourishment in the high prices of grain and the numerous rumours more or less absurd which were in circulation - such as that Lucius Lucullus had invested the money entrusted to him for carrying on the war at interest in Rome, or had attempted with its aid to make the praetor Quinctius withdraw from the cause of the people; that the senate intended to prepare for the "second Romulus" as they called Pompeius, the fate of the first[12], and other reports of a like character.

  The Vote

  Thereupon the day of voting arrived. The multitude stood densely packed in the Forum; all the buildings, whence the rostra could be seen, were covered up to the roofs with men. All the colleagues of Gabinius had promised their veto to the senate; but in presence of the surging masses all were silent except the single Lucius Trebellius, who had sworn to himself and the senate rather to die than yield. When the latter exercised his veto, Gabinius immediately interrupted the voting on his projects of law and proposed to the assembled people to deal with his refractory colleague, as Octavius had formerly been dealt with on the proposition of Tiberius Gracchus[13], namely, to depose him immediately from office. The vote was taken and the reading out of the voting tablets began; when the first seventeen tribes, which came to be read out, had declared for the proposal and the next affirmative vote would give to it the majority, Trebellius, forgetting his oath, pusillanimously withdrew his veto.