Meanwhile the party in Rome most hostile toward him was straining itself to the utmost to effect his ruin between the termination of his present appointment and his entry into a new post.
Caesar would be secure from attack if he passed straight from his position of proconsul of Gaul and Illyricum into the office of consul back in Rome. He was sure to win an election to that office, but the rules prohibited him from entering such a position till 48 BC (the rules stated that he had to wait for ten years after holding the office of consul in 59 BC !). If he could be deprived of his troops before that date, he could be attacked through the law courts for his questionable proceedings in Gaul and his fate would be sealed, while Pompey would still enjoy command over his own troops in Spain.
So far Caesar's supporters in Rome delayed a decree which would have displaced Caesar from office in March 49 BC. But the problem was only delayed, not resolved. Meanwhile in 51 BC, two legions were detached from Caesar's command and moved to Italy, to be ready for service against the Parthians in the east.
In 50 BC the question of redistributing the provinces came up for settlement. Caesar's agents in Rome proposed compromises, suggesting that Caesar and Pompey should resign simultaneously from their positions as provincial governors, or that Caesar should only retain one of his three provinces.
Pompey refused, but proposed that Caesar should not resign until November 49 BC (which would still have left two months for his prosecution !). Caesar naturally refused. Having completed the organization of Gaul, he had now returned to Cisalpine Gaul in northern Italy with one veteran legion. Pompey, commissioned by a suspicious senate, left Rome to raise more troops in Italy.
In January 49 BC Caesar repeated his offer of a joint resignation. The senate rejected the offer and decreed that their current consuls should enjoy a completely free hand 'in defence of the Republic'. Evidently they had resigned themselves to the fact that there was going to be a civil war.
Caesar was still in his province, of which the boundary to Italy was the river Rubicon. The momentous choice lay before him. Was he to submit and let his enemies utterly destroy him or was he to take power by force. He made his choice. At the head of one of his one legion, on the night of January 6, 49 BC, he crossed the Rubicon. Caesar was now at war with Rome.