The History of Rome, Theodor Mommsen [good english books to read txt] 📗

general of thirty-six. That which his heart really longed for—the command in the Mithradatic war—he could never expect to obtain from the voluntary bestowal of the senate: in their own well-understood interest the oligarchy could not permit him to add to his Africa and European trophies those of a third continent; the laurels which were to be plucked copiously and easily in the east were reserved at all events for the pure aristocracy. But if the celebrated general did not find his account in the ruling oligarchy, there remained— for neither was the time ripe, nor was the temperament of Pompeius at all fitted, for a purely personal outspoken dynastic policy— no alternative save to make common cause with the democratic party. No interest of his own bound him to the Sullan constitution; he could pursue his personal objects quite as well, if not better, with one more democratic. On the other hand he found all that he needed in the democratic party. Its active and adroit leaders were ready and able to relieve the resourceless and somewhat wooden hero of the trouble of political leadership, and yet much too insignificant to be able or even wishful to dispute with the celebrated general the first place and especially the supreme military control. Even Gaius Caesar, by far the most important of them, was simply a young man whose daring exploits and fashionable debts far more than his fiery democratic eloquence had gained him a name, and who could not but feel himself greatly honoured when the world-renowned Imperator allowed him to be his political adjutant. That popularity, to which men like Pompeius, with pretensions greater than their abilities, usually attach more value than they are willing to confess to themselves, could not but fall in the highest measure to the lot of the young general whose accession gave victory to the almost forlorn cause of the democracy. The reward of victory claimed by him for himself and his soldiers would then follow of itself. In general it seemed, if the oligarchy were overthrown, that amidst the total want of other considerable chiefs of the opposition it would depend solely on Pompeius himself to determine his future position. And of this much there could hardly be a doubt, that the accession of the general of the army, which had just returned victorious from Spain and still stood compact and unbroken in Italy, to the party of opposition must have as its consequence the fall of the existing order of things. Government and opposition were equally powerless; so soon as the latter no longer fought merely with the weapons of declamation, but had the sword of a victorious general ready to back its demands, the government would be in any case overcome, perhaps even without a struggle.

Coalition of the Military Chiefs and the Democracy

Pompeius and the democrats thus found themselves urged into coalition. Personal dislikings were probably not wanting on either side: it was not possible that the victorious general could love the street orators, nor could these hail with pleasure as their chief the executioner of Carbo and Brutus; but political necessity outweighed at least for the moment all moral scruples.

The democrats and Pompeius, however, were not the sole parties to the league. Marcus Crassus was in a similar situation with Pompeius. Although a Sullan like the latter, his politics were quite as in the case of Pompeius preeminently of a personal kind, and by no means those of the ruling oligarchy; and he too was now in Italy at the head of a large and victorious army, with which he had just suppressed the rising of the slaves. He had to choose whether he would ally himself with the oligarchy against the coalition, or enter that coalition: he chose the latter, which was doubtless the safer course. With his colossal wealth and his influence on the clubs of the capital he was in any case a valuable ally; but under the prevailing circumstances it was an incalculable gain, when the only army, with which the senate could have met the troops of Pompeius, joined the attacking force. The democrats moreover, who were probably somewhat uneasy at their alliance with that too powerful general, were not displeased to see a counterpoise and perhaps a future rival associated with him in the person of Marcus Crassus.

Thus in the summer of 683 the first coalition took place between the democracy on the one hand, and the two Sullan generals Gnaeus Pompeius and Marcus Crassus on the other. The generals adopted the party-programme of the democracy; and they were promised immediately in return the consulship for the coming year, while Pompeius was to have also a triumph and the desired allotments of land for his soldiers, and Crassus as the conqueror of Spartacus at least the honour of a solemn entrance into the capital.

To the two Italian armies, the great capitalists, and the democracy, which thus came forward in league for the overthrow of the Sullan constitution, the senate had nothing to oppose save perhaps the second Spanish army under Quintus Metellus Pius. But Sulla had truly predicted that what he did would not be done a second time; Metellus, by no means inclined to involve himself in a civil war, had discharged his soldiers immediately after crossing the Alps. So nothing was left for the oligarchy but to submit to what was inevitable. The senate granted the dispensations requisite for the consulship and triumph; Pompeius and Crassus were, without opposition, elected consuls for 684, while their armies, on pretext of awaiting their triumph, encamped before the city. Pompeius thereupon, even before entering on office, gave his public and formal adherence to the democratic programme in an assembly of the people held by the tribune Marcus Lollius Palicanus. The change of the constitution was thus in principle decided.

Re-establishing of the Tribunician Power

They now went to work in all earnest to set aside the Sullan institutions. First of all the tribunician magistracy regained its earlier authority. Pompeius himself as consul introduced the law which gave back to the tribunes of the people their time-honoured prerogatives, and in particular the initiative of legislation— a singular gift indeed from the hand of a man who had done more than any one living to wrest from the community its ancient privileges.

New Arrangement as to Jurymen

With respect to the position of jurymen, the regulation of Sulla, that the roll of the senators was to serve as the list of jurymen, was no doubt abolished; but this by no means led to a simple restoration of the Gracchan equestrian courts. In future—so it was enacted by the new Aurelian law—the colleges of jurymen were to consist one-third of senators and two-thirds of men of equestrian census, and of the latter the half must have rilled the office of district-presidents, or so-called -tribuni aerarii-. This last innovation was a farther concession made to the democrats, inasmuch as according to it at least a third part of the criminal jurymen were indirectly derived from the elections of the tribes. The reason, again, why the senate was not totally excluded from the courts is probably to be sought partly in the relations of Crassus to the senate, partly in the accession of the senatorial middle party to the coalition; with which is doubtless connected the circumstance that this law was brought in by the praetor Lucius Cotta, the brother of their lately deceased leader.

Renewal of the Asiatic Revenue-Farming

Not less important was the abolition of the arrangements as to taxation established for Asia by Sulla,(3) which presumably likewise fell to this year. The governor of Asia at that time, Lucius Lucullus, was directed to reestablish the system of farming the revenue introduced by Gaius Gracchus; and thus this important source of money and power was restored to the great capitalists.

Renewal of the Censorship

Lastly, the censorship was revived. The elections for it, which the new consuls fixed shortly after entering on their office, fell, in evident mockery of the senate, on the two consuls of 682, Gnaeus Lentulus Clodianus and Lucius Gellius, who had been removed by the senate from their commands on account of their wretched management of the war against Spartacus.(4) It may readily be conceived that these men put in motion all the means which their important and grave office placed at their command, for the purpose of doing homage to the new-holders of power and of annoying the senate. At least an eighth part of the senate, sixty-four senators, a number hitherto unparalleled, were deleted from the roll, including Gaius Antonius, formerly impeached without success by Gaius Caesar,(5) and Publius Lentulus Sura, the consul of 683, and presumably also not a few of the most obnoxious creatures of Sulla.

The New Constitution

Thus in 684 they had reverted in the main to the arrangements that subsisted before the Sullan restoration.

Again the multitude of the capital was fed from the state-chest, in other words by the provinces;(6) again the tribunician authority gave to every demagogue a legal license to overturn the arrangements of the state; again the moneyed nobility, as farmers of the revenue and possessed of the judicial control over the governors, raised their heads alongside of the government as powerfully as ever; again the senate trembled before the verdict of jurymen of the equestrian order and before the censorial censure. The system of Sulla, which had based the monopoly of power by the nobility on the political annihilation of the mercantile aristocracy and of demagogism, was thus completely overthrown. Leaving out of view some subordinate enactments, the abolition of which was not overtaken till afterwards, such as the restoration of the right of self-completion to the priestly colleges,(7) nothing of the general ordinances of Sulla survived except, on the one hand, the concessions which he himself found it necessary to make to the opposition, such as the recognition of the Roman franchise of all the Italians, and, on the other hand, enactments without any marked partisan tendency, and with which therefore even judicious democrats found no fault—such as, among others, the restriction of the freedmen, the regulation of the functional spheres of the magistrates, and the material alterations in criminal law.

The coalition was more agreed regarding these questions of principle than with respect to the personal questions which such a political revolution raised. As might be expected, the democrats were not content with the general recognition of their programme; but they too now demanded a restoration in their sense—revival of the commemoration of their dead, punishment of the murderers, recall of the proscribed from exile, removal of the political disqualification that lay on their children, restoration of the estates confiscated by Sulla, indemnification at the expense of the heirs and assistants of the dictator. These were certainly the logical consequences which ensued from a pure victory of the democracy; but the victory of the coalition of 683 was very far from being such. The democracy gave to it their name and their programme, but it was the officers who had joined the movement, and above all Pompeius, that gave to it power and completion; and these could never yield their consent to a reaction which would not only have shaken the existing state of things to its foundations, but would have ultimately turned against themselves—men still had a lively recollection who the men were whose blood Pompeius had shed, and how Crassus had laid the foundation of his enormous fortune. It was natural therefore, but at the same time significant of the weakness of the democracy, that the coalition of 683 took not the slightest step towards procuring for the democrats revenge or even rehabilitation. The supplementary collection of all the purchase money still outstanding for confiscated estates bought by auction, or even remitted to the purchasers by Sulla— for which the censor Lentulus provided in a special law— can hardly be regarded as an exception; for though not a few Sullans were thereby severely affected in their personal interests, yet the measure itself was essentially a confirmation of the confiscations undertaken by Sulla.

Impending Miliatry Dictatorship of Pompeius

The work of Sulla was thus destroyed; but what the future order of things was to be, was a question raised rather than decided by that destruction. The coalition, kept together solely by the common object of setting aside the work of restoration, dissolved of itself, if not formally, at any rate in reality, when that object was attained; while the question, to what quarter the preponderance of power was in the first instance to fall, seemed approaching an equally speedy and violent solution. The armies of Pompeius and Crassus still lay before the gates of the city. The former had indeed promised to disband his soldiers after his triumph (last day of Dec. 683); but he had at first omitted to