On the whole, therefore, in the sphere of the popular elections and of the jury-courts it was the regents that fared worst. The factors which ruled in these were less tangible, and therefore more difficult to be terrified or corrupted than the direct organs of government and administration. The holders of power encountered here, especially in the popular elections, the tough energy of a close oligarchy - grouped in coteries - which is by no means finally disposed of when its rule is overthrown, and which is the more difficult to vanquish the more covert its action. They encountered here too, especially in the jury-courts, the repugnance of the middle classes towards the new monarchical rule, which with all the perplexities springing out of it they were as little able to remove. They suffered in both quarters a series of defeats. The election-victories of the opposition had, it is true, merely the value of demonstrations, since the regents possessed and employed the means of practically annulling any magistrate whom they disliked; but the criminal trials in which the opposition carried condemnations deprived them, in a way keenly felt, of useful auxiliaries. As things stood, the regents could neither set aside nor adequately control the popular elections and the jury-courts, and the opposition, however much it felt itself straitened even here, maintained to a certain extent the field of battle.

It proved, however, yet a more difficult task to encounter the opposition in a field, to which it turned with the greater zeal the more it was dislodged from direct political action. This was literature. Even the judicial opposition was at the same time a literary one, and indeed pre-eminently so, for the orations were regularly published and served as political pamphlets.

The arrows of poetry hit their mark still more rapidly and sharply. The lively youth of the high aristocracy, and still more energetically perhaps the cultivated middle class in the Italian country towns, waged the war of pamphlets and epigrams with zeal and success. There fought side by side on this field the genteel senator's son Gaius Licinius Calvus (672-706) who was as much feared in the character of an orator and pamphleteer as of a versatile poet, and the municipals of Cremona and Verona Marcus Furius Bibaculus (652-691) and Quintus Valerius Catullus (667 - c. 700) whose elegant and pungent epigrams flew swiftly like arrows through Italy and were sure to hit their mark. An oppositional tone prevails throughout the literature of these years. It is full of indignant sarcasm against the "great Caesar", "the unique general", against the affectionate father-in-law and son-in-law, who ruin the whole globe in order to give their dissolute favourites opportunity to parade the spoils of the long-haired Celts through the streets of Rome, to furnish royal banquets with the booty of the farthest isles of the west, and as rivals showering gold to supplant honest youths at home in the favour of their mistresses.

There is in the poems of Catullus[9] and the other fragments of the literature of this period something of that fervour of personal and political hatred, of that republican agony overflowing in riotous humour or in stern despair, which are more prominently and powerfully apparent in Aristophanes and Demosthenes. The most sagacious of the three rulers at least saw well that it was as impossible to despise this opposition as to suppress it by word of command. So far as he could, Caesar tried rather personally to gain over the more notable authors. Cicero himself had to thank his literary reputation in good part for the respectful treatment which he especially experienced from Caesar; but the governor of Gaul did not disdain to conclude a special peace even with Catullus himself through the intervention of his father who had become personally known to him in Verona; and the young poet, who had just heaped upon the powerful general the bitterest and most personal sarcasms, was treated by him with the most flattering distinction. In fact Caesar was gifted enough to follow his literary opponents on their own domain and to publish - as an indirect way of repelling manifold attacks - a detailed report on the Gallic wars, which set forth before the public, with happily assumed naivete, the necessity and constitutional propriety of his military operations. But it is freedom alone that is absolutely and exclusively poetical and creative; it and it alone is able even in its most wretched caricature, even with its latest breath, to inspire fresh enthusiasm. All the sound elements of literature were and remained anti-monarchical; and, if Caesar himself could venture on this domain without proving a failure, the reason was merely that even now he still cherished at heart the magnificent dream of a free commonwealth, although he was unable to transfer it either to his adversaries or to his adherents. Practical politics was not more absolutely controlled by the regents than literature by the republicans[10].

It became necessary to take serious steps against this opposition, which was powerless indeed, but was always becoming more troublesome and audacious. The condemnation of Gabinius, apparently, turned the scale (end of 700). The regents agreed to introduce a dictatorship, though only a temporary one, and by means of this to carry new coercive measures especially respecting the elections and the jury-courts. Pompeius, as the regent on whom primarily devolved the government of Rome and Italy, was charged with the execution of this resolve; which accordingly bore the impress of the awkwardness in resolution and action that characterized him, and of his singular incapacity of speaking out frankly, even where he would and could command. Already at the close of 700 the demand for a dictatorship was brought forward in the senate in the form of hints, and that not by Pompeius himself. There served as its ostensible ground the continuance of the system of clubs and bands in the capital, which by acts of bribery and violence certainly exercised the most pernicious pressure on the elections as well as on the jury-courts and kept it in a perpetual state of disturbance; we must allow that this rendered it easy for the regents to justify their exceptional measures. But, as may well be conceived, even the servile majority shrank from granting what the future dictator himself seemed to shrink from openly asking. When the unparalleled agitation regarding the elections for the consulship of 701 led to the most scandalous scenes, so that the elections were postponed a full year beyond the fixed time and only took place after a seven months' interregnum in July 701, Pompeius found in this state of things the desired occasion for indicating now distinctly to the senate that the dictatorship was the only means of cutting, if not of loosing the knot; but the decisive word of command was not even yet spoken. Perhaps it would have still remained for long unuttered, had not the most audacious partisan of the republican opposition Titus Annius Milo stepped into the field at the consular elections for 702 as a candidate in opposition to the candidates of the regents, Quintus Metellus Scipio and Publius Plautius Hypsaeus, both men closely connected with Pompeius personally and thoroughly devoted to him.

Milo, endowed with physical courage, with a certain talent for intrigue and for contracting debt, and above all with an ample amount of native assurance which had been carefully cultivated, had made himself a name among the political adventurers of the time, and was the greatest bully in his trade next to Clodius, and naturally therefore through rivalry at the most deadly feud with the latter. As this Achilles of the streets had been acquired by the regents and with their permission was again playing the ultra-democrat, the Hector of the streets became as a matter of course an aristocrat! And the republican opposition, which now would have concluded an alliance with Catilina in person, had he presented himself to them, readily acknowledged Milo as their legitimate champion in all riots. In fact the few successes, which they carried off in this field of battle, were the work of Milo and of his well-trained band of gladiators. So Cato and his friends in return supported the candidature of Milo for the consulship; even Cicero could not avoid recommending one who had been his enemy's enemy and his own protector during many years; and as Milo himself spared neither money nor violence to carry his election, it seemed secured. For the regents it would have been not only a new and keenly-felt defeat, but also a real danger; for it was to be foreseen that the bold partisan would not allow himself as consul to be reduced to insignificance so easily as Domitius and other men of the respectable opposition. It happened that Achilles and Hector accidentally encountered each other not far from the capital on the Appian Way, and a fray arose between their respective bands, in which Clodius himself received a sword-cut on the shoulder and was compelled to take refuge in a neighbouring house.