Page:Roman Constitutional History, 753-44 B.C..djvu/230

216 During the war in Spain he had complained of the senate in a bitter and threatening way, and could now scarcely expect of the oligarchy the rewards he desired — a triumph and the consulship for 70. He had, moreover, never filled a regular magistracy. To insure success, he retained his devoted army and sought the assistance of the democrats. Crassus, who had been of great service to the state during the war with the slaves under Spartacus, wished to secure a minor triumph (ovatio) and the consulship for 70 — one year before the legal time. Although he had reason to be jealous of Pompeius, he was ready to join him on condition of mutual support. He also remained at the head of his army. The combination of Pompeius, Crassus, and the tribune M. Lollius Palicanus, as the representative of the democrats, was irresistible. The generals promised to restore the tribunician power and to reform the courts; in return they obtained the concessions they wanted, and were elected consuls for 70.

First Consulship of Pompeius and Crassus. — On entering office Pompeius and Crassus carried a law fully restoring the powers of the tribunes. Later, the praetor L. Aurelius Cotta, a brother of the consul of 75, introduced a bill concerning the judiciary (lex Aurelia judiciaria), which in its final shape provided that the panel of jurors was to consist of senators, knights, and ex-presidents of the thirty-five districts (tribuni aerarii), one-third from each class. The new arrangement was a concession to the common people, and prevented an equestrian monopoly of the jury panel.

Pompeius and Crassus also caused censors to be elected, who expelled sixty-four senators. Among these were Gaius Antonius, whom Caesar had prosecuted without success, and P. Lentulus Sura, consul in 71. The Italians were now enrolled, and the number of citizens reported was about nine hundred thousand. This may indicate a free population of