The leased Campanian domain alone was to be parcelled out and colonized; in other cases the government was to acquire the land destined for assignation by ordinary purchase. To procure the sums necessary for this purpose, the remaining Italian, and more especially all the extra-Italian, domain-land was successively to be brought to sale; which was understood to include the former royal hunting domains in Macedonia, the Thracian Chersonese, Bithynia, Pontus, Cyrene, and also the territories of the cities acquired in full property by right of war in Spain, Africa, Sicily, Hellas, and Cilicia. Everything was likewise to be sold which the state had acquired in moveable and immoveable property since the year 666, and of which it had not previously disposed; this was aimed chiefly at Egypt and Cyprus. For the same purpose all subject communities, with the exception of the towns with Latin rights and the other free cities, were burdened with very high rates of taxes and tithes. Lastly there was likewise destined for those purchases the produce of the new provincial revenues, to be reckoned from 692, and the proceeds of the whole booty not yet legally applied; which regulations had reference to the new sources of taxation opened up by Pompeius in the east and to the public moneys that might be found in the hands of Pompeius and the heirs of Sulla. For the execution of this measure decemvirs with a special jurisdiction and special imperium were to be nominated, who were to remain five years in office and to surround themselves with 200 subalterns from the equestrian order; but in the election of the decemvirs only those candidates who should personally announce themselves were to be taken into account, and, as in the elections of priests[18], only seventeen tribes to be fixed by lot out of the thirty-five were to make the election. It needed no great acuteness to discern that in this decemviral college it was intended to create a power after the model of that of Pompeius, only with somewhat less of a military and more of a democratic hue.

The jurisdiction was especially needed for the sake of deciding the Egyptian question, the military power for the sake of arming against Pompeius; the clause, which forbade the choice of an absent person, excluded Pompeius; and the diminution of the tribes entitled to vote as well as the manipulation of the balloting were designed to facilitate the management of the election in accordance with the views of the democracy.

But this attempt totally missed its aim. The multitude, finding it more agreeable to have their corn measured out to them under the shade of Roman porticoes from the public magazines than to cultivate it for themselves in the sweat of their brow, received even the proposal in itself with complete indifference.

They soon came also to feel that Pompeius would never acquiesce in such a resolution offensive to him in every respect, and that matters could not stand well with a party which in its painful alarm condescended to offers so extravagant. Under such circumstances it was not difficult for the government to frustrate the proposal; the new consul Cicero perceived the opportunity of exhibiting here too his talent for giving a finishing stroke to the beaten party; even before the tribunes who stood ready exercised their veto, the author himself withdrew his proposal (1 Jan. 691).

The democracy had gained nothing but the unpleasant lesson, that the great multitude out of love or fear still continued to adhere to Pompeius, and that every proposal was certain to fail which the public perceived to be directed against him.

Wearied by all this vain agitation and scheming without result, Catilina determined to push the matter to a decision and make an end of it once for all. He took his measures in the course of the summer to open the civil war. Faesulae (Fiesole), a very strong town situated in Etruria - which swarmed with the impoverished and conspirators - and fifteen years before the centre of the rising of Lepidus, was again selected as the headquarters of the insurrection. Thither were despatched the consignments of money, for which especially the ladies of quality in the capital implicated in the conspiracy furnished the means; there arms and soldiers were collected; and there an old Sullan captain, Gaius Manlius, as brave and as free from scruples of conscience as was ever any soldier of fortune, took temporarily the chief command. Similar though less extensive warlike preparations were made at other points of Italy. The Transpadanes were so excited that they seemed only waiting for the signal to strike. In the Bruttian country, on the east coast of Italy, in Capua - wherever great bodies of slaves were accumulated - a second slave insurrection like that of Spartacus seemed on the eve of arising. Even in the capital there was something brewing; those who saw the haughty bearing with which the summoned debtors appeared before the urban praetor, could not but remember the scenes which had preceded the murder of Asellio[19]. The capitalists were in unutterable anxiety; it seemed needful to enforce the prohibition of the export of gold and silver, and to set a watch over the principal ports.

The plan of the conspirators was - on occasion of the consular election for 692, for which Catilina had again announced himself - summarily to put to death the consul conducting the election as well as the inconvenient rival candidates, and to carry the election of Catilina at any price; in case of necessity, even to bring armed bands from Faesulae and the other rallying points against the capital, and with their help to crush resistance.

Cicero, who was always quickly and completely informed by his agents male and female of the transactions of the conspirators, on the day fixed for the election (20 Oct.) denounced the conspiracy in the full senate and in presence of its principal leaders. Catilina did not condescend to deny it; he answered haughtily that, if the election for consul should fall on him, the great headless party would certainly no longer want a leader against the small party led by wretched heads. But as palpable evidences of the plot were not before them, nothing farther was to be got from the timid senate, except that it gave its previous sanction in the usual way to the exceptional measures which the magistrates might deem suitable (21 Oct.). Thus the election battle approached - on this occasion more a battle than an election; for Cicero too had formed for himself an armed bodyguard out of the younger men, more especially of the mercantile order; and it was his armed force that covered and dominated the Campus Martius on the 28th October, the day to which the election had been postponed by the senate. The conspirators were not successful either in killing the consul conducting the election, or in deciding the elections according to their mind.

But meanwhile the civil war had begun. On the 27th Oct. Gaius Manlius had planted at Faesulae the eagle round which the army of the insurrection was to flock - it was one of the Marian eagles from the Cimbrian war - and he had summoned the robbers from the mountains as well as the country people to join him. His proclamations, following the old traditions of the popular party, demanded liberation from the oppressive load of debt and a modification of the procedure in insolvency, which, if the amount of the debt actually exceeded the estate, certainly still involved in law the forfeiture of the debtor's freedom. It seemed as though the rabble of the capital, in coming forward as if it were the legitimate successor of the old plebeian farmers and fighting its battles under the glorious eagles of the Cimbrian war, wished to cast a stain not only on the present but on the past of Rome.