The History of Rome by Theodor Mommsen (highly recommended books TXT) 📖

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. In vain the tribune Otho then endeavoured to procure that at least the collegiate principle might be preserved, and two generals elected instead of one; in vain the aged Quintus Catulus, the most respected man in the senate, exerted his last energies to secure that the lieutenant-generals should not be nominated by the commander-in-chief, but chosen by the people. Otho could not even procure a hearing amidst the noise of the multitude; the well-calculated complaisance of Gabinius procured a hearing for Catulus, and in respectful silence the multitude listened to the old man's words; but they were none the less thrown away. The proposals were not merely converted into law with all the clauses unaltered, but the supplementary requests in detail made by Pompeius were instantaneously and completely agreed to.

Successes of Pompeius in the East

With high-strung hopes men saw the two generals Pompeius and Glabrio depart for their places of destination. The price of grain had fallen immediately after the passing of the Gabinian laws to the ordinary rates—an evidence of the hopes attached to the grand expedition and its glorious leader. These hopes were, as we shall have afterwards to relate, not merely fulfilled, but surpassed: in three months the clearing of the seas was completed. Since the Hannibalic war the Roman government had displayed no such energy in external action; as compared with the lax and incapable administration of the oligarchy, the democratic— military opposition had most brilliantly made good its title to grasp and wield the reins of the state. The equally unpatriotic and unskilful attempts of the consul Piso to put paltry obstacles in the way of the arrangements of Pompeius for the suppression of piracy in Narbonese Gaul only increased the exasperation of the burgesses against the oligarchy and their enthusiasm for Pompeius; it was nothing but the personal intervention of the latter, that prevented the assembly of the people from summarily removing the consul from his office.

Meanwhile the confusion on the Asiatic continent had become still worse. Glabrio, who was to take up in the stead of Lucullus the chief command against Mithradates and Tigranes, had remained stationary in the west of Asia Minor and, while instigating the soldiers by various proclamations against Lucullus, had not entered on the supreme command, so that Lucullus was forced to retain it. Against Mithradates, of course, nothing was done; the Pontic cavalry plundered fearlessly and with impunity in Bithynia and Cappadocia. Pompeius had been led by the piratical war to proceed with his army to Asia Minor; nothing seemed more natural than to invest him with the supreme command in the Pontic-Armenian war, to which he himself had long aspired. But the democratic party did not, as may be readily conceived, share the wishes of its general, and carefully avoided taking the initiative in the matter. It is very probable that it had induced Gabinius not to entrust both the war with Mithradates and that with the pirates from the outset to Pompeius, but to entrust the former to Glabrio; upon no account could it now desire to increase and perpetuate the exceptional position of the already too-powerful general. Pompeius himself retained according to his custom a passive attitude; and perhaps he would in reality have returned home after fulfilling the commission which he had received, but for the occurrence of an incident unexpected by all parties.

The Manillian Law

One Gaius Manilius, an utterly worthless and insignificant man had when tribune of the people by his unskilful projects of legislation lost favour both with the aristocracy and with the democracy. In the hope of sheltering himself under the wing of the powerful general, if he should procure for