But by the awkward quarrel with Clodius, Pompeius had lost the command of the streets, and could not expect to carry a proposal in his favour in the popular assembly. Things were not quite so unfavourable for him in the senate; but even there it was doubtful whether Pompeius after that long and fatal inaction still held the reins of the majority firmly enough in hand to procure such a decree as he needed.
The position of the senate also, or rather of the nobility generally, had meanwhile undergone a change. From the very fact of its complete abasement it drew fresh energy. In the coalition of 694 various things had come to light, which were by no means as yet ripe for it. The banishment of Cato and Cicero - which public opinion, however much the regents kept themselves in the background and even professed to lament it, referred with unerring tact to its real authors - and the marriage-relationship formed between Caesar and Pompeius suggested to men's minds with disagreeable clearness monarchical decrees of banishment and family alliances. The larger public too, which stood more aloof from political events, observed the foundations of the future monarchy coming more and more distinctly into view. From the moment when the public perceived that Caesar's object was not a modification of the republican constitution, but that the question at stake was the existence or non-existence of the republic, many of the best men, who had hitherto reckoned themselves of the popular party and honoured in Caesar its head, must infallibly have passed over to the opposite side. It was no longer in the saloons and the country houses of the governing nobilityalone that men talked of the "three dynasts" of the "three-headed monster". The dense crowds of people listened to the consular orations of Caesar without a sound of acclamation or approval; not a hand stirred to applaud when the democratic consul entered the theatre. But they hissed when one of the tools of the regents showed himself in public, and even staid men applauded when an actor utteredan anti-monarchic sentence or an allusion against Pompeius. Nay, when Cicero was to be banished, a great number of burgesses - it is said twenty thousand - mostly of the middle classes, put on mourning after the example of the senate. "Nothing is now more popular", it is said in a letter of this period, "than hatred of the popular party".
The regents dropped hints, that through such opposition the equites might easily lose their new special places in the theatre, and the commons their bread-corn; people were therefore somewhat more guarded perhaps in the expression of their displeasure, but the feeling remained the same. The lever of material interests was applied with better success. Caesar's gold flowed in streams. Men of seeming riches whose finances were in disorder, influential ladies who were in pecuniary embarrassment, insolvent young nobles, merchants and bankers in difficulties, either went in person to Gaul with the view of drawing from the fountain-head, or applied to Caesar's agents in the capital; and rarely was any man outwardly respectable - Caesar avoided dealings with vagabonds who were utterly lost - rejected in either quarter. To this fell to be added the enormous buildings which Caesar caused to be executed on his account in the capital - and by which a countless number of men of all ranks from the consular down to the common porter found opportunity of profiting - as well as the immense sums expended for public amusements. Pompeius did the same on a more limited scale; to him the capital was indebted for the first theatre of stone, and he celebrated its dedication with a magnificence never seen before. Of course such distributions reconciled a number of men who were inclined towards opposition, more especially in the capital, to the new order of things up to a certain extent; but the marrow of the opposition was not to be reached by this system of corruption. Every day more and more clearly showed how deeply the existing constitution had struck root among the people, and how little, in particular, the circles more aloof from direct party-agitation, especially the country towns, were inclined towards monarchy or even simply ready to let it take its course.
If Rome had had a representative constitution, the discontent of the burgesses would have found its natural expression in the elections, and have increased by so expressing itself; under the existing circumstances nothing was left for those true to the constitution but to place themselves under the senate, which, degraded as it was, still appeared the representative and champion of the legitimate republic. Thus it happened that the senate, now when it had been overthrown, suddenly found at its disposal an army far more considerable and far more earnestly faithful, than when in its power and splendour it overthrew the Gracchi and under the protection of Sulla's sword restored the state. The aristocracy felt this; it began to bestir itself afresh. Just at this time Marcus Cicero, after having bound himself to join the obsequious party in the senate and not only to offer no opposition, but to work with all his might for the regents, had obtained from them permission to return. Although Pompeius in this matter only made an incidental concession to the oligarchy, and intended first of all to play a trick on Clodius, and secondly to acquire in the fluent consular a tool rendered pliant by sufficient blows, the opportunity afforded by the return of Cicero was embraced for republican demonstrations, just as his banishment had been a demonstration against the senate. With all possible solemnity, protected moreover against the Clodians by the band of Titus Annius Milo, the two consuls, following out a resolution of the senate, submitted a proposal to the burgesses to permit the return of the consular Cicero, and the senate called on all burgesses true to the constitution not to be absent from the vote.
An unusual number of worthy men, especially from the country towns, actually assembled in Rome on the day of voting (4 Aug. 697). The journey of the consular from Brundisium to the capital gave occasion to a series of similar, but not less brilliant manifestations of public feeling. The new alliance between the senate and the burgesses faithful to the constitution was on this occasion as it were publicly proclaimed, and a sort of review of the latter was held, the singularly favourable result of which contributed not a little to revive the sunken courage of the aristocracy.
The helplessness of Pompeius in presence of these daring demonstrations, as well as the undignified and almost ridiculous position into which he had fallen with reference to Clodius, deprived him and the coalition of their credit; and the section of the senate which adhered to the regents, demoralized by the singular inaptitude of Pompeius and helplessly left to itself, could not prevent the republican-aristocratic party from regaining completely the ascendency in the corporation. The game of this party really at that time (697) was still by no means desperate for a courageous and dexterous player. It had now - what it had not possessed for a century past - a firm support in the people; if it trusted the people and itself, it might attain its object in the shortest and most honourable way. Why not attack the regents openly and avowedly? Why should not a resolute and eminent man at the head of the senate cancel the extraordinary powers as unconstitutional, and summon all the republicans of Italy to arms against the tyrants and their following? It was possible perhaps in this way once more to restore the rule of the senate. Certainly the republicans would thus play a bold game; but perhaps in this case, as often, the most courageous resolution might have been at the same time the most prudent. Only, it is true, the indolent aristocracy of this period was scarcely capable of so simple and bold a resolution. There was however another way perhaps more sure, at any rate better adapted to the character and nature of these constitutionalists; they might labour to set the two regents at variance and through this variance to attain ultimately to the helm themselves. The relations between the two men ruling the state had become altered and relaxed, now that Caesar had acquired a standing of preponderant power by the side of Pompeius and had compelled the latter to canvass for a new position of command; it was probable that, if he obtained it, there would arise in one way or other a rupture and struggle between them. If Pompeius remained unsupported in this, his defeat was scarcely doubtful, and the constitutional party would in that event find themselves after the close of the conflict under the rule of one master instead of two. But if the nobility employed against Caesar the same means by which the latter had won his previous victories, and entered into alliance with the weaker competitor, victory would probably, with a general like Pompeius, and with an army such as that of the constitutionalists, fall to the coalition; and to settle matters with Pompeius after the victory could not - judging from the proofs of political incapacity which he had already given-appear a specially difficult task.