Certainly the success of this plan depended on Pompeius being good-natured enough to let Caesar still obtain the consulship for 706 assured to him at Luca; but, even if it failed, it would be always of advantage for Caesar to have given practical and repeated evidence of the most yielding disposition. On the one hand time would thus be gained for attaining his object meanwhile in Gaul; on the other hand his opponents would be left with the odium of initiating the rupture and consequently the civil war - which was of the utmost moment for Caesar with reference to the majority of the senate and the party of material interests, and more especially with reference to his own soldiers.
On these views he acted. He armed certainly; the number of his legion was raised through new levies in the winter of 702-703 to eleven, including that borrowed from Pompeius. But at the same time he expressly and openly approved of Pompeius' conduct during the dictatorship and the restoration of order in the capital which he had effected, rejected the warnings of officious friends as calumnies, reckoned every day by which he succeeded in postponing the catastrophe a gain, overlooked whatever could be overlooked and bore whatever could be borne - immoveably adhering only to the one decisive demand that, when his governorship of Gaul came to an end with 705, the second consulship, admissible by republican state-law and promised to him according to agreement by his colleague, should be granted to him for the year 706.
This very demand became the battle-field of the diplomatic war which now began. If Caesar were compelled either to resign his office of governor before the last day of December 705, or to postpone the assumption of the magistracy in the capital beyond the 1st January 706, so that he should remain for a time between the governorship and the consulate without office, and consequently liable to criminal impeachment - which according to Roman law was only allowable against one who was not in office - the public had good reason to prophesy for him in this case the fate of Milo, because Cato had for long been ready to impeach him and Pompeius was a more than doubtful protector.
Now, to attain that object, Caesar's opponents had a very simple means. According to the existing ordinance as to elections, every candidate for the consulship was obliged to announce himself personally to the presiding magistrate, and to cause his name to be inscribed on the official list of candidates before the election, that is half a year before entering on office. It had probably been regarded in the conferences at Luca as a matter of course that Caesar would be released from this obligation, which was purely formal and was very often dispensed with; but the decree to that effect had not yet been issued, and, as Pompeius was now in possession of the decretive machinery, Caesar depended in this respect on the good will of his rival. Pompeius incomprehensibly abandoned of his own accord this completely secure position; with his consen and during his dictatorship (702) the personal appearance of Caesar was dispensed with by a tribunician law. When however soon afterwards the new election-ordinance[16] was issued, the obligation of candidates personally to enrol themselves was repeated in general terms, and no sort of exception was added in favour of those released from it by earlier resolutions of the people; according to strict form the privilege granted in favour of Caesar was cancelled by the later general law. Caesar complained, and the clause was subsequently appended but not confirmed by special decree of the people, so that this enactment inserted by mere interpolation in the already promulgated law could only be looked on de jure as a nullity. Where Pompeius, therefore, might have simply kept by the law, he had preferred first to make a spontaneous concession, then to recall it, and lastly to cloak this recall in a manner most disloyal.
While in this way the shortening of Caesar's governorship was only aimed at indirectly, the regulations issued at the same time as to the governorships sought the same object directly. The ten years for which the governorship had been secured to Caesar, in the last instance through the law proposed by Pompeius himself in concert with Crassus, ran according to the usual mode of reckoning from 1 March 695 to the last day of February 705. As, however, according to the earlier practice, the proconsul or propraetor had the right of entering on his provincial magistracy immediately after the termination of his consulship or praetorship, the successor of Caesar was to be nominated, not from the urban magistrates of 704, but from those of 705, and could not therefore enter before 1st Jan. 706. So far Caesar had still during the last ten months of the year 705 a right to the command, not on the ground of the Pompeio-Licinian law, but on the ground of the old rule that a command with a set term still continued after the expiry of the term up to the arrival of the successor. But now, since the new regulation of 702 called to the governorships not the consuls and praetors going out, but those who had gone out five years ago or more, and thus prescribed an interval between the civil magistracy and the command instead of the previous immediate sequence, there was no longer any difficulty in straightway filling up from another quarter every legally vacant governorship, and so, in the case in question, bringing about for the Gallic provinces the change of command on the 1st March 705, instead of the 1st Jan. 706.
The pitiful dissimulation and procrastinating artifice of Pompeius are after a remarkable manner mixed up, in these arrangements, with the wily formalism and the constitutional erudition of the republican party. Years before these weapons of state-law could be employed, they had them duly prepared, and put themselves in a condition on the one hand to compel Caesar to the resignation of his command from the day when the term secured to him by Pompeius' own law expired, that is from the 1st March 705, by sending successors to him, and on the other hand to be able to treat as null and void the votes tendered for him at the elections for 706. Caesar, not in a position to hinder these moves in the game, kept silence and left things to their own course.
16. V. VIII. Changes in the Arrangement of Magistrates and the Jury-System.