The Historians' History of the World 05

Before they entered the city, they had both asked permission to offer themselves as candidates for the consulship. Both were excluded by the laws of Sulla. Crassus was still prætor, and at least two years ought to elapse before his consulship. Pompey was only in his thirty-fifth year, and had not even been quæstor. The senate, however, dared not refuse Pompey; for he would not disband his army, and his tone brooked no refusal. And what was granted to Pompey could not be denied to Crassus, who also kept his soldiers under arms. Thus, at the demand of two chiefs, each backed by an army, the senate were, within eight years after Sulla’s death, obliged to break his laws. Pompey was elected by acclamation. Crassus might have been less successful, had there not been a secret understanding between him and Pompey. On the calends of January, 70 B.C., Pompey and Crassus entered on their memorable consulship.

On that day Pompey gave intimation of his intention to pursue a popular course of policy. In a set speech he declared his intention of releasing the tribunes from the trammels imposed upon them by Sulla, and of attempting a reform of the judicial system. Both of Pompey’s announcements were received with shouts of applause. To the former the senate offered but a feeble opposition. The tribunes were restored to the exercise of their power, and with their restoration it may be said that the keystone of the arch erected by Sulla fell. With the resuscitation of this popular power revived also the independence of the tribe assembly, and hence followed by necessity a struggle between that body and the senate.

But the other measure broached by Pompey was one which the senate determined to oppose to the uttermost. They could not tamely abandon their absolute power over the law courts. Yet in the last ten years, scandal had been great. Among other persons Cæsar had reason to complain. After his escape from Sulla’s vengeance, he also, like Cicero, resorted to the schools of Greek philosophy. On his return, though only in his twenty-third year, he indicted Cn. Dolabella for misgovernment in Macedonia. Dolabella was defended by Q. Hortensius, the first advocate of the day, a determined adherent of the senatorial party, and as a matter of course he was acquitted. It had, however, been remarked that the knights were little less corrupt than the senators; and the law proposed under Pompey’s authority by the city prætor, L. Aurelius Cotta, was so devised as to establish a court composed of three elements, each of which might serve as a check upon the other two. In each jury one-third of the jurymen was to be furnished by the senate, one-third by the knights, and the remaining third by the tribunes of the treasury. Catulus endeavoured to promote a compromise; but Pompey was resolute, and the nobles prepared to maintain their privilege by arms.

An event, however, occurred which smoothed the way for Cotta’s law. Cicero, after the great credit he had won by his bold defence of Sext. Roscius, had quitted Rome for two years. He returned in 77 B.C., and immediately began to dispute with Hortensius the sway which he exercised in the law courts. Except during the year 75 B.C., when he was serving as quæstor in Sicily, he was employed as an advocate at Rome. His polished eloquence excited universal admiration; his defence of many wealthy clients brought him in much money and connected him with many powerful families. He was of the same age as Pompey; and, being now a candidate for the ædileship, he began to be eager for political distinction. To obtain this by military commands was not suited to his tastes or talents. But it was possible to achieve it by the public impeachment of some powerful offender. C. Cornelius Verres, a man connected with some of the highest senatorial families, had for three years been prætor of Sicily, from which province he had returned after practising extortions and iniquities unexampled even in those days. The Sicilians, remembering the industry and equity with which Cicero had lately executed the functions of quæstor in their island, begged him to come forward as the accuser of this man; and the orator, who saw how he might at once strengthen the hands of Pompey and share the popular triumph of the consul, readily undertook the cause.