The most sagacious of the three rulers at least saw well that it was as impossible to despise this opposition as to suppress it by word of command. So far as he could, Caesar tried rather personally to gain over the more notable authors. Cicero himself had to thank his literary reputation in good part for the respectful treatment which he especially experienced from Caesar; but the governor of Gaul did not disdain to conclude a special peace even with Catullus himself through the intervention of his father who had become personally known to him in Verona; and the young poet, who had just heaped upon the powerful general the bitterest and most personal sarcasms, was treated by him with the most flattering distinction. In fact Caesar was gifted enough to follow his literary opponents on their own domain and to publish— as an indirect way of repelling manifold attacks—a detailed report on the Gallic wars, which set forth before the public, with happily assumed naivete, the necessity and constitutional propriety of his military operations. But it is freedom alone that is absolutely and exclusively poetical and creative; it and it alone is able even in its most wretched caricature, even with its latest breath, to inspire fresh enthusiasm. All the sound elements of literature were and remained anti-monarchical; and, if Caesar himself could venture on this domain without proving a failure, the reason was merely that even now he still cherished at heart the magnificent dream of a free commonwealth, although he was unable to transfer it either to his adversaries or to his adherents. Practical politics was not more absolutely controlled by the regents than literature by the republicans.(10)
New Exceptional Measures Resolved on
It became necessary to take serious steps against this opposition, which was powerless indeed, but was always becoming more troublesome and audacious. The condemnation of Gabinius, apparently, turned the scale (end of 700). The regents agreed to introduce a dictatorship, though only a temporary one, and by means of this to carry new coercive measures especially respecting the elections and the jury-courts. Pompeius, as the regent on whom primarily devolved the government of Rome and Italy, was charged with the execution of this resolve; which accordingly bore the impress of the awkwardness in resolution and action that characterized him, and of his singular incapacity of speaking out frankly, even where he would and could command. Already at the close of 700 the demand for a dictatorship was brought forward in the senate in the form of hints, and that not by Pompeius himself. There served as its ostensible ground the continuance of the system of clubs and bands in the capital, which by acts of bribery and violence certainly exercised the most pernicious pressure on the elections as well as on the jury-courts and kept it in a perpetual state of disturbance; we must allow that this rendered it easy for the regents to justify their exceptional measures. But, as may well be conceived, even the servile majority shrank from granting what the future dictator himself seemed to shrink from openly asking. When the unparalleled agitation regarding the elections for the consulship of 701 led to the most scandalous scenes, so that the elections were postponed a full year beyond the fixed time and only took place after a seven months' interregnum in July 701, Pompeius found in this state of things the desired occasion for indicating now distinctly to the senate that the dictatorship was the only means of cutting, if not of loosing the knot; but the decisive word of command was not even yet spoken. Perhaps it would have still remained for long unuttered, had not the most audacious partisan of the republican opposition Titus Annius Milo stepped into the field at the consular elections for 702 as a candidate in opposition to the candidates of the regents, Quintus Metellus Scipio and Publius Plautius Hypsaeus, both men closely connected with Pompeius personally and thoroughly devoted to him.
Milo
Killing of Clodius
Milo, endowed with physical courage, with a certain talent for intrigue and for contracting debt, and above all with an ample amount of native assurance which had been carefully cultivated, had made himself a name among the political adventurers of the time, and was the greatest bully in his trade next to Clodius, and naturally therefore through rivalry at the most deadly feud with the latter. As this Achilles of the streets had been acquired by the regents and with their permission was again playing the ultra- democrat, the Hector of the streets became as a matter of course an aristocrat! And the republican opposition, which now would have concluded an alliance with Catilina in person, had he presented himself to them, readily acknowledged Milo as their legitimate champion in all riots. In fact the few successes, which they carried off in this field of battle, were the work of Milo and of his well-trained band of gladiators. So Cato and his friends in return supported the candidature of Milo for the consulship; even Cicero could not avoid recommending one who had been his enemy's enemy and his own protector during many years; and as Milo himself spared neither money nor violence to carry his election, it seemed secured. For the regents it would have been not only a new and keenly-felt defeat, but also a real danger; for it was to be foreseen that the bold partisan would not allow himself as consul to be reduced to insignificance so easily as Domitius and other men of the respectable opposition. It happened that Achilles and Hector accidentally encountered each other not far from the capital on the Appian Way, and a fray arose between their respective bands, in which Clodius himself received a sword-cut on the shoulder and was compelled to take refuge in a neighbouring house. This had occurred without orders from Milo; but, as the matter had gone so far and as the storm had now to be encountered at any rate, the whole crime seemed to Milo more desirable and even less dangerous than the half; he ordered his men to drag Clodius forth from his lurking place and to put him to death (13 Jan. 702).
Anarchy in Rome
The street leaders of the regents' party—the tribunes of the people Titus Munatius Plancus, Quintus Pompeius Rufus, and Gaius Sallustius Crispus—saw in this occurrence a fitting opportunity to thwart in the interest of their masters the candidature of Milo and carry the dictatorship of Pompeius. The dregs of the populace, especially the freedmen and slaves, had lost in Clodius their patron and future deliverer;(11) the requisite excitement was thus easily aroused. After the bloody corpse had been exposed for show at the orators' platform in the Forum and the speeches appropriate to the occasion had been made, the riot broke forth. The seat of the perfidious aristocracy was destined as a funeral pile for the great liberator; the mob carried the body to the senate-house, and set the building on fire. Thereafter the multitude proceeded to the front of Milo's house and kept it under siege, till his band drove off the assailants by discharges of arrows. They passed on to the house of Pompeius and of his consular candidates, of whom the former was saluted as dictator and the latter as consuls, and thence to the house of the interrex Marcus Lepidus, on whom devolved the conduct of the consular elections. When the latter, as in duty bound, refused to make arrangements for the elections immediately, as the clamorous multitude demanded, he was kept during five days under siege in his dwelling house.
Dictatorship of Pompeius
But the instigators of these scandalous scenes had overacted their part. Certainly their lord and master was resolved to employ this favourable episode in order not merely to set aside Milo, but also to seize the dictatorship; he wished, however, to receive it not from a mob of bludgeon-men, but from the senate. Pompeius brought up troops to put down the anarchy which prevailed in the capital, and which had in reality become intolerable to everybody; at the same time he now enjoined what he had hitherto requested, and the senate complied. It was merely an empty subterfuge, that on the proposal of Cato and Bibulus the proconsul Pompeius, retaining his former offices, was nominated as "consul without colleague" instead of dictator on the 25th of the intercalary month(12) (702)—a subterfuge, which admitted an appellation labouring under a double incongruity(13) for the mere purpose of avoiding one which expressed the simple fact, and which vividly reminds us of the sagacious resolution of the waning patriciate to concede to the plebeians not the consulship, but only the consular power.(14)
Changes of in the Arrangement of Magistracies and the Jury-System