Julia, who had inherited the charm of her father, lived in the happiest domestic relations with her husband, who was nearly twice as old; and the burgesses longing for rest and order after so many troubles and crises, saw in this nuptial alliance the guarantee of a peaceful and prosperous future.
The more firmly and closely the alliance was thus cemented between Pompeius and Caesar, the more hopeless grew the cause of the aristocracy. They felt the sword suspended over their head and knew Caesar sufficiently to have no doubt that he would, if necessary, use it without hesitation. "On all sides" wrote one of them, "we are checkmated; we have already through fear of death or of banishment despaired of 'freedom'; every one sighs, no one ventures to speak". More the confederates could not desire. But though the majority of the aristocracy was in this desirable frame of mind, there was, of course, no lack of Hotspurs among this party. Hardly had Caesar laid down the consulship, when some of the most violent aristocrats, Lucius Domitius and Gaius Memmius, proposed in a full senate the annulling of the Julian laws. This indeed was simply a piece of folly, which redounded only to the benefit of the coalition; for, when Caesar now himself insisted that the senate should investigate the validity of the laws assailed, the latter could not but formally recognize their legality. But, as may readily be conceived, the holders of power found in this a new call to make an example of some of the most notable and noisiest of their opponents, and thereby to assure themselves that the remainder would adhere to that fitting policy of sighing and silence. At first there had been a hope that the clause of the agrarian law, which as usual required all the senators to take an oath to the new law on pain of forfeiting their political rights, would induce its most vehement opponents to banish themselves, after the example of Metellus Numidicus[11], by refusing the oath. But these did not show themselves so complaisant; even the rigid Cato submitted to the oath, and his Sanchos followed him. A second, far from honourable, attempt to threaten the heads of the aristocracy with criminal impeachments on account of an alleged plot for the murder of Pompeius, and so to drive them into exile, was frustrated by the incapacity of the instruments; the informer, one Vettius, exaggerated and contradicted himself so grossly, and the tribune Vatinius, who directed the foul scheme, showed his complicity with that Vettius so clearly, that it was found advisable to strangle the latter in prison and to let the whole matter drop. On this occasion however they had obtained sufficient evidence of the total disorganization of the aristocracy and the boundless alarm of the genteel lords: even a man like Lucius Lucullus had thrown himself in person at Caesar's feet and publicly declared that he found himself compelled by reason of his great age to withdraw from public life.
Ultimately therefore they were content with a few isolated victims. It was of primary importance to remove Cato, who made no secret of his conviction as to the nullity of all the Julian laws, and who was a man to act as he thought. Such a man Marcus Cicero was certainly not, and they did not give themselves the trouble to fear him. But the democratic party, which played the leading part in the coalition, could not possibly after its victory leave unpunished the judicial murder of the 5th December 691, which it had so loudly and so justly censured. Had they wished to bring to account the real authors of the fatal decree, they ought to have seized not on the pusillanimous consul, but on the section of the strict aristocracy which had urged the timorous man to that execution. But in formal law it was certainly not the advisers of the consul, but the consul himself, that was responsible for it, and it was above all the gentler course to call the consul alone to account and to leave the senatorial college wholly out of the case; for which reason in the grounds of the proposal directed against Cicero the decree of the senate, in virtue of which he ordered the execution, was directly described as supposititious. Even against Cicero the holders of power would gladly have avoided steps that attracted attention; but he could not prevail on himself either to give to those in power the guarantees which they required, or to banish himself from Rome under one of the feasible pretexts on several occasions offered to him, or even to keep silence.
With the utmost desire to avoid any offence and the most sincere alarm, he yet had not self-control enough to be prudent; the word had to come out, when a petulant witticism stung him, or when his self-conceit almost rendered crazy by the praise of so many noble lords gave vent to the well-cadenced periods of the plebeian advocate.
The execution of the measures resolved on against Cato and Cicero was committed to the loose and dissolute, but clever and pre-eminently audacious Publius Clodius, who had lived for years in the bitterest enmity with Cicero, and, with the view of satisfying that enmity and playing a part as demagogue, had got himself converted under the consulship of Caesar by a hasty adoption from a patrician into a plebeian, and then chosen as tribune of the people for the year 696. To support Clodius, the proconsul Caesar remained in the immediate vicinity of the capital till the blow was struck against the two victims. Agreeably to the instructions which he had received, Clodius proposed to the burgesses to entrust Cato with the regulation of the complicated municipal affairs of the Byzantines and with the annexation of the kingdom of Cyprus, which as well as Egypt had fallen to the Romans by the testament of Alexander II, but had not like Egypt bought off the Roman annexation, and the king of which, moreover, had formerly given personal offence to Clodius. As to Cicero, Clodius brought in a project of law which characterized the execution of a burgess without trial and sentence as a crime to be punished with banishment.
11. IV. VI. Violent Proceedings in the Voting.