As the number required by custom for passing any vote about the elections did not assemble, it was impossible to have any business at all about them brought forward, and the year thus passed away. However, the senators did not change their attire nor attend the festivals nor celebrate the feast of Jupiter on the Capitol nor go out to Albanum for the Feriae Latinae, held there for the second time by reason of something not rightly done. Instead, like persons in bondage and not possessing authority to choose officials or conduct any other public business they spent the rest of the year.
[B.C. 55 (a.u. 699)]
[-31-]And after this Crassus and Pompey were appointed consuls by the interrex, as no one else of the earlier canvassers opposed them. Lucius Domitius, who contested the office up to the very last day of the year, started out from home for the assembly of the people just after dark, but when the boy that carried the torch in front of him was stabbed, he was frightened and went no farther. Hence, as no one else contested their election, and furthermore because of the action of Publius Crassus, who was a son of Marcus and then lieutenant under Caesar, in bringing soldiers to Rome for this very purpose, they were easily chosen.
[-32-] When they had thus assumed the leadership of the State, they had the other offices given to such as were well disposed toward them and prevented Marcus Cato from being appointed praetor. They suspected that he would not submit to their régime and were unwilling to add any legal power to his outspoken opposition. The nomination of the praetors was made in peace, for Cato did not see fit to offer any violence: in the matter of the curule aediles, however, assassinations took place, so that Pompey was implicated in much bloodshed. The other officials, too,—those elected by the people,—they appointed to please themselves (for they controlled the elections), and they made friends with the other aediles and most of the tribunes. Two tribunes, Gaius Ateius Capito and Publius Aquilius Gallus, would not come to terms with them.
[-33-] Accordingly, when the offices had been settled, they possessed the object of their strivings. They themselves made no mention of these matters before either the senate or the populace, but gravely pretended that they wanted nothing further. Gaius Trebonius, however, a tribune, presented a measure that to the one Syria and its environs be given to rule over for five years, and to the other the Hispaniae, where there had recently been an uprising, for a similar period; also that they should employ as many soldiers as they might wish, both citizens and allies, and should make peace and war with whomsoever they pleased. Many, and especially the friends of Caesar, took offence at this, because those men after obtaining provinces to govern were likely to keep Caesar from holding his position for a much longer time; and therefore some prepared to speak against the measure. Then the consuls fearing that they might fail utterly of the projects they had in hand won over all such supporters on the condition of extending his leadership also for three [54] years more (to follow the actual facts). However, they submitted no part of his case to the populace until their own business had been ratified. And the adherents of Caesar anticipated in this way, kept quiet, and the greater part of the rest, in bondage to fear and satisfied if even so they should save their lives, remained still. [-34-]On the other hand, Cato and Favonius resisted all their schemes, having the two tribunes and others to help them, since in fighting few against many their frankness was of no avail. Favonius, who obtained from Trebonius only one hour for his speech in opposition, used it up in crying out at random about the distressing condition of the times. Cato received the right of employing two hours in his harangue and turned his efforts to censuring the immediate proposition and the whole situation, as he was wont, and so he exhausted his time before he had touched upon any of the revolutionary aspects of the matter. This was done not because he did not have the privilege of speaking also on that topic, but in order that he might be silenced by Trebonius while still appearing to have something more to say and thus obtain this additional grievance to bring up against him. For he well understood that had he employed the entire day, he was still sure to be unable to persuade them to vote anything that he wished. Hence, when bidden to be silent he did not stop immediately, but had to be pushed and dragged from the assemblage, whereupon he came back, and at last though consigned to prison he did not moderate his behavior.
[-35-] That day was so spent that the tribunes were unable to speak any word at all. For in the meetings of the people where a measure was also under discussion, the right to speak was given to all the private citizens before those that held the offices, to the end, as it seemed, that none of them captivated beforehand by the opinion of a superior should dissimulate the thoughts that he had in mind, but should say what he thought with entire frankness. Hence Gallus, being afraid that some one might on the next day keep him from the Forum or do something worse still, went into the place of assembly directly after nightfall and passed the night there for the sake of the safety that the place afforded, and for the purpose of leaving there at dawn to join the populace outside. Trebonius, by shutting all the doors of the senate-house, caused this man to have spent the night and most of the day there in vain. Others occupied the site of the gathering by night and barred out Ateius, Cato, Favonius and the remainder of their followers. When Favonius and Ninnius got in somehow unobserved and Cato and Ateius climbed upon the shoulders of some of those standing around and being lifted up by them declared an omen directing the meeting to break up, the attendants of the tribunes drove them both out, wounded the rest who were with them and actually killed a few.
[-36-] After the law was in this way ratified and the people were already departing from the assembly Ateius took Gallus covered with blood (he had been struck in being forced out of the gathering), led him into the presence of those still on the spot, exhibited him to them, and by making all the comments that were natural, stirred them mightily. The consuls were made aware of this and came quickly, having, indeed, been waiting somewhere near to see what was going on. As they had a considerable body-guard they intimidated the men, immediately called a meeting and passed the additional measures relating to Caesar. The same persons tried to resist these, too, but were unable to accomplish anything.
[-37-] The consuls had this enactment passed, and next they laid heavier penalties upon such as bribed any persons, as if they themselves were any the less guilty because they had secured their office not by money but by force. They had even undertaken to curtail personal expenditures, which had gone to great lengths, although they themselves indulged in every kind of luxury and delicacy; they were prevented, however, by this very business of lawmaking. For Hortensius, one of the men fondest of expensive living, by reviewing the great size of the city and adverting with commendation to the costliness of their homes and their magnanimity toward others, persuaded them to give up their intention, for he could use their mode of life to champion his words. They respected his contention, and furthermore, because they shrank from appearing to debar others through any envy from rights that they themselves enjoyed, they voluntarily withdrew their motion.
[-38-] These were the same days in which Pompey dedicated the theatre wherein we take pride even at the present time. In it he provided an entertainment consisting of music and gymnastic contests, and in the hippodrome a horse-race and the slaughter of many beasts of all kinds. Five hundred lions were used up in five days, and eighteen elephants fought against men in heavy armor. Some of these beasts were killed immediately and others much later. For some of them, contrary to Pompey's wish, were pitied by the people when they were wounded and ceased fighting and walked about with their trunks raised toward heaven. They lamented so bitterly as to give rise to the report that they did so not by accident, but were crying out upon the oaths in which they trusted when crossing over from Libya, and were calling upon Heaven to avenge them. For it is said that they would not set foot upon the ships before they received a pledge under oath from their leaders that they should verily suffer no harm: whether this is really so or otherwise, I know not. For some in time past have further declared that in addition to understanding the language of their native country they also comprehend what is going on in the sky, so that at the time of new moon, before that luminary comes within the gaze of men, they reach running water and there make a kind of purification of themselves. These are some of the things I have heard; I have heard also that this theatre was not erected by Pompey, but by one Demetrius, a freedman of his, with the money he had gained while making campaigns with the general. Wherefore he yielded the name of the structure most justly to his master, that he might not be ill spoken of for having, as his freedman, gathered money enough to suffice for so huge an expenditure.
[-39-] No doubt in this Pompey afforded the populace no little delight, but in making with Crassus the levies, according to their votes, he displeased them exceedingly. Then the majority repented of their course and praised Cato and the rest. So the latter group both on his account and because a certain lawsuit, nominally against their lieutenants but really against them and with reference to their acts had been instituted by some of the tribunes, dared indeed to commit no act of violence, but, together with the malcontents in the senate, changed their clothing as if for a calamity. They immediately, however, repented in regard to this costume and without waiting for any excuse went back to their accustomed dress. Now when the tribunes endeavored to abolish the levies and rescind the vote for the proposed campaigns, Pompey, for his part, showed no anger. He had sent out his lieutenants without delay and he himself was glad to remain where he was on the plea that he was prevented from going abroad, especially as he ought to be in Rome on account of his duties in the care of the grain; and his plan in that case was to let his officers subdue the Hispaniae and himself manage the affairs at Rome and in the rest of Italy. Crassus, however, since neither of these considerations operated in his case, turned to force of arms. The tribunes, then, seeing that their boldness, being unarmed, was too weak to hinder any of his undertakings, in general kept silence. They announced many unusual portents, however, that applied to him, as if they could avoid including the public in their curse: at one time as he was offering on the Capitol the customary prayers for his campaign they spread a report of omens and wonders, and again when he was setting out they called down many terrible curses upon him. Ateius even attempted to cast him into prison, but other tribunes resisted, and there was a conflict among them and a delay, in the midst of which Crassus left the pomerium.