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 colleagu" 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 Thus in legal possession of full power, Pompeius set to work and proceeded with energy against the republican party which was powerful in the clubs and the jury-courts. The existing enactments as to elections were repeated and enforced by a special law; and by another against electioneering intrigues, which obtained retrospective force for all offences of this sort committed since 684, the penalties hitherto imposed were augmented.
Still more important was the enactment, that the governorships, which were by far the more important and especially by far the more lucrative half of official life, should be conferred on the consuls and praetors not immediately on their retirement from the consulate or praetorship, but only after the expiry of other five years; an arrangement which of course could only come into effect after four years, and therefore made the filling up of the governorships for the next few years substantially dependent on decrees of senate which were to be issued for the regulation of this interval, and thus practically on the person or section ruling the senate at the moment. The jury-commissions were left in existence, but limits were put to the right of counter-plea, and - what was perhaps still more important - the liberty of speech in the courts was done away; for both the number of the advocates and the time of speaking apportioned to each were restricted by fixing a maximum, and the bad habit which had prevailed of adducing, in addition to the witnesses as to facts, witnesses to character or laudatores, as they were called, in favour of the accused was prohibited. The obsequious senate further decreed on the suggestion of Pompeius that the country had been placed in peril by the quarrel on the Appian Way; accordingly a special commission was appointed by an exceptional law for all crimes connected with it, the members of which were directly nominated by Pompeius.
An attempt was also made to give once more a serious importance to the office of the censors, and by that agency to purge the deeply disordered burgess-body of the worst rabble. All these measures were adopted under the pressure of the sword. In consequence of the declaration of the senate that the country was in danger, Pompeius called the men capable of service throughout Italy to arms and made them swear allegiance for all contingencies; an adequate and trustworthy corps was temporarily stationed at the Capitol; at every stirring of opposition Pompeius threatened armed intervention, and during the proceedings at the trial respecting the murder of Clodius stationed contrary to all precedent, a guard over the place of trial itself.
The scheme for the revival of the censorship failed, because among the servile majority of the senate no one possessed sufficient moral courage and authority even to become a candidate for such an office. On the other hand Milo was condemned by the jurymen (8 April 702) and Cato's candidature for the consulship of 703was frustrated. The opposition of speeches and pamphlets received through the new judicial ordinance a blow from which it never recovered; the dreaded forensic eloquence was thereby driven from the field of politics, and thenceforth felt the restraints of monarchy. Opposition of course had not disappeared either from the minds of the great majority of the nation or even wholly from public life - to effect that end the popular elections, the jury-courts, and literature must have been not merely restricted, but annihilated. Indeed, in these very transactions themselves, Pompeius by his unskilfulness and perversity helped the republicans to gain even under his dictatorship several triumphs which he severely felt. The special measures, which the rulers took to strengthen their power, were of course officially characterized as enactments made in the interest of public tranquillity and order, and every burgess, who did not desire anarchy, was described as substantially concurring in them. But Pompeius pushed this transparent fiction so far, that instead of putting safe instruments into the special commission for the investigation of the last tumult, he chose the most respectable men of all parties, including even Cato, and applied his influence over the court essentially to maintain order, and to render it impossible for his adherents as well as for his opponents to indulge in the scenes of disturbance customary in the courts of this period. This neutrality of the regent was discernible in the judgments of the special court. The jurymen did not venture to acquit Milo himself; but most of the subordinate persons accused belonging to the party of the republican opposition were acquitted, while condemnation inexorably befell those who in the last riot had taken part for Clodius, or in other words for the regents, including not a few of Caesar's and of Pompeius' own most intimate friends - even Hypsaeus his candidate for the consulship, and the tribunes of the people Plancus and Rufus, who had directed the emeute in his interest. That Pompeius did not prevent their condemnation for the sake of appearing impartial, was one specimen of his folly; and a second was, that he withal in matters quite indifferent violated his own laws to favour his friends - appearing for example as a witness to character in the trial of Plancus, and in fact protecting from condemnation several accused persons specially connected with him, such as Metellus Scipio. As usual, he wished here also to accomplish opposite things; in attempting to satisfy the duties at once of the impartial regent and of the party-chief, he fulfilled neither the one nor the other, and was regarded by public opinion with justice as a despotic regent, and by his adherents with equal justice as a leader who either could not or would not protect his followers.
But, although the republicans were still stirring and were even refreshed by an isolated success here and there, chiefly through the blunders of Pompeius, the object which the regents had proposed to themselves in that dictatorship was on the whole attained, the reins were drawn tighter, the republican party was humbled, and the new monarchy was strengthened. The public began to reconcile themselves to the latter. When Pompeius not long after recovered from a serious illness, his restoration was celebrated throughout Italy with the accompanying demonstrations of joy which are usual on such occasions in monarchies. The regents showed themselves satisfied; as early as the 1st of August 702 Pompeius resigned his dictatorship, and shared the consulship with his client Metellus Scipio.
Chapter IX
12. In this year the January with 29 and the February with 23 days were followed by the intercalary month with 28, and then by March.