The Life of Cicero Volume II Part 2

This letter was written to secure Curio's services for another friend not quite so young, but equally attached, and perhaps of all the Romans of the time the most unscrupulous and the most violent. This friend was Milo, who was about to stand for the Consuls.h.i.+p of the following year.

Curio was on his road from Asia Minor, where he had been Quaestor, and is invited by Cicero in language peculiarly pressing to be the leader of Milo's party on the occasion.[47] We cannot but imagine that the winds which Curio was called upon to govern were the tornadoes and squalls which were to be made to rage in the streets of Rome to the great discomfiture of Milo's enemies during his canva.s.s. To such a state had Rome come, that for the first six months of this year there were no Consuls, an election being found to be impossible. Milo had been the great opponent of Clodius in the city rows which had taken place previous to the exile of Cicero. The two men are called by Mommsen the Achilles and the Hector of the streets.[48] Cicero was of course on Milo's side, as Milo was an enemy to Clodius. In this matter his feeling was so strong that he declares to Curio that he does not think that the welfare and fortunes of one man were ever so dear to another as now were those of Milo to him. Milo's success is the only object of interest he has in the world. This is interesting to us now as a prelude to the great trial which was to take place in the next year, when Milo, instead of being elected Consul, was convicted of murder.

In the two previous years Caesar had made two invasions into Britain, in the latter of which Quintus Cicero had accompanied him. Cicero in various letters alludes to this undertaking, but barely gives it the importance which we, as Britons, think should have been attached to so tremendous an enterprise. There might perhaps be some danger, he thought, in crossing the seas, and encountering the rocky sh.o.r.es of the island, but there was nothing to be got worth the getting. He tells Atticus that he can hardly expect any slaves skilled either in music or letters,[49] and he suggests to Trebatius that, as he will certainly find neither gold nor slaves, he had better put himself into a British chariot and come back in it as soon as possible.[50] In this year Caesar reduced the remaining tribes of Gaul, and crossed the Rhine a second time. It was his sixth year in Gaul, and men had learned to know what was his nature. Cicero had discovered his greatness, as also Pompey must have done, to his great dismay; and he had himself discovered what he was himself; but two accidents occurred in this year which were perhaps as important in Roman history as the continuance of Caesar's success.

Julia, Caesar's daughter and Pompey's wife, died in childbed. She seems to have been loved by all, and had been idolized from the time of the marriage by her uxorious husband, who was more than twenty-four years her senior. She certainly had been a strong bond of union between Caesar and Pompey; so much so that we are surprised that such a feeling should have been so powerful among the Romans of the time. "Concordiae pignus,"

a "pledge of friends.h.i.+p," she is called by Paterculus, who tells us in the same sentence that the Triumvirate had no other bond to hold it together.[51] Whether the friends.h.i.+p might have remained valid had Julia lived we cannot say; but she died, and the two friends became enemies.

From the moment of Julia's death there was no Triumvirate.

The other accident was equally fatal to the bond of union which had bound the three men together. Late in the year, after his Consuls.h.i.+p, B.C. 54, Cra.s.sus had gone to his Syrian government with the double intention of increasing his wealth and rivalling the military glories of Caesar and Pompey. In the following year he became an easy victim to Eastern deceit, and was destroyed by the Parthians, with his son and the greater part of the Roman army which had been intrusted to him.[52] We are told that Cra.s.sus at last destroyed himself. I doubt, however, whether there was enough of patriotism alive among Romans at the time to create the feeling which so great a loss and so great a shame should have occasioned. As far as we can learn, the destruction of Cra.s.sus and his legions did not occasion so much thought in Rome as the breaking up of the Triumvirate.

Cicero's daughter Tullia was now a second time without a husband. She was the widow of her first husband Piso; had then, B.C. 56, married Cra.s.sipes, and had been divorced. Of him we have heard nothing, except that he was divorced. A doubt has been thrown on the fact whether she was in truth ever married to Cra.s.sipes. We learn from letters, both to his brother and to Atticus, that Cicero was contented with the match, when it was made, and did his best to give the lady a rich dowry.[53]

In this year Cicero was elected into the College of Augurs, to fill the vacancy made by the death of young Cra.s.sus, who had been killed with his father in Parthia. The reader will remember that he had in a joking manner expressed a desire for the office. He now obtained it without any difficulty, and certainly without any sacrifice of his principle. It had formerly been the privilege of the augurs to fill up the vacancies in their own college, but the right had been transferred to the people. It was now conferred upon Cicero without serious opposition.

CHAPTER III.

_MILO._

[Sidenote: B.C. 52, aetat. 55.]

The preceding year came to an end without any consular election. It was for the election expected to have taken place that the services of Curio had been so ardently bespoken by Cicero on behalf of Milo. In order to impede the election Clodius accused Milo of being in debt, and Cicero defended him. What was the nature of the accusation we do not exactly know. "An inquiry into Milo's debts!" Such was the name given to the pleadings as found with the fragments which have come to us.[54] In these, which are short and not specially interesting, there is hardly a word as to Milo's debts; but much abuse of Clodius, with some praise of Cicero himself, and some praise also of Pompey, who was so soon to take up arms against Cicero, not metaphorically, but in grim reality of sword and buckler, in this matter of his further defence of Milo. We cannot believe that Milo's debts stood in the way of his election, but we know that at last he was not elected. Early in the year Clodius was killed, and then, at the suggestion of Bibulus--whom the reader will remember as the colleague of Caesar in the Consuls.h.i.+p when Caesar reduced his colleague to ridiculous impotence by his violence--Pompey was elected as sole Consul, an honor which befell no other Roman.[55] The condition of Rome must have been very low when such a one as Bibulus thought that no order was possible except by putting absolute power into the hands of him who had so lately been the partner of Caesar in the conspiracy which had not even yet been altogether brought to an end. That Bibulus acted under constraint is no doubt true. It would be of little matter now from what cause he acted, were it not that his having taken a part in this utter disruption of the Roman form of government is one proof the more that there was no longer any hope for the Republic.

But the story of the killing of Clodius must be told at some length, because it affords the best-drawn picture that we can get of the sort of violence with which Roman affairs had to be managed; and also because it gave rise to one of the choicest morsels of forensic eloquence that have ever been prepared by the intellect and skill of an advocate. It is well known that the speech to which I refer was not spoken, and could not have been spoken, in the form in which it has reached us. We do not know what part of it was spoken and what was omitted; but we do know that the Pro Milone exists for us, and that it lives among the glories of language as a published oration. I find, on looking through the Inst.i.tutio Oratoria of Quintilian, that in his estimation the Pro Milone was the first in favor of all our author's orations--"facile princeps,"

if we may collect the critic's ideas on the subject from the number of references made and examples taken. Quintilian's work consists of lessons on oratory, which he supports by quotations from the great orators, both Greek and Latin, with whose speeches he has made himself familiar. Cicero was to him the chief of orators; so much so that we may almost say that Quintilian's Inst.i.tutio is rather a lecture in honor of Cicero than a general lesson. With the Roman school-master's method of teaching for the benefit of the Roman youth of the day we have no concern at present, but we can gather from the references made by him the estimation in which various orations were held by others, as well as by him, in his day. The Pro Cluentio, which is twice as long as the Pro Milone, and which has never, I think, been a favorite with modern readers, is quoted very frequently by Quintilian. It is the second in the list. Quintilian makes eighteen references to it; but the Pro Milone is brought to the reader's notice thirty-seven times. Quintilian was certainly a good critic; and he understood how to recommend himself to his own followers by quoting excellences which had already been acknowledged as the best which Roman literature had afforded.

Those who have gone before me in writing the life of Cicero have, in telling their story as to Milo, very properly gone to Asconius for their details. As I must do so too, I shall probably not diverge far from them. Asconius wrote as early as in the reign of Claudius, and had in his possession the annals of the time which have not come to us. Among other writings he could refer to those books of Livy which have since been lost. He seems to have done his work as commentator with no glow of affection and with no touch of animosity, either on one side or on the other. There can be no reason for doubting the impartiality of Asconius as to Milo's trial, and every reason for trusting his knowledge of the facts.

[Sidenote: B.C. 52, aetat. 55.]

When the year began, no Consuls had been chosen, and an interrex became necessary--one interrex after another--to make the election of Consuls possible in accordance with the forms of the const.i.tution. These men remained in office each for five days, and it was customary that an election which had been delayed should be completed within the days of the second or third interrex. There were three candidates, Milo, Hypsaeus, and Q. Metellus Scipio, by all of whom bribery and violence were used with open and unblus.h.i.+ng profligacy. Cicero was wedded to Milo's cause, as we have seen from his letter to Curio, but it does not appear that he himself took any active part in the canva.s.s. The duties to be done required rather the services of a Curio. Pompey, on the other hand, was nearly as warmly engaged in favor of Hypsaeus and Scipio, though in the turn which affairs took he seems to have been willing enough to accept the office himself when it came in his way. Milo and Clodius had often fought in the streets of Rome, each ruffian attended by a band of armed combatants, so that in audacity, as Asconius says, they were equal.

On the 20th of January Milo was returning to Rome from Lanuvium, where he had been engaged, as chief magistrate of the town, in nominating a friend for the munic.i.p.ality. He was in a carriage with his wife Fausta, and with a friend, and was followed, as was his wont, by a large band of armed men, among whom were two noted gladiators, Eudamus and Birria. At Bovillae, near the temple of the Bona Dea, his cortege was met by Clodius on horseback, who had with him some friends, and thirty slaves armed with swords. Milo's attendants were nearly ten times as numerous. It is not supposed by Asconius that either of the two men expected the meeting, which may be presumed to have been fortuitous. Milo and Clodius pa.s.sed each other without words or blows--scowling, no doubt; but the two gladiators who were at the end of the file of Milo's men began to quarrel with certain of the followers of Clodius. Clodius interfered, and was stabbed in the shoulder by Birria; then he was carried to a neighboring tavern while the fight was in progress. Milo, having heard that his enemy was there concealed--thinking that he would be greatly relieved in his career by the death of such a foe, and that the risk should be run though the consequences might be grave--caused Clodius to be dragged out from the tavern and slaughtered. On what grounds Asconius has attributed these probable thoughts to Milo we do not know. That the order was given the jury believed, or at any rate affected to believe.

Up to this moment Milo was no more guilty than Clodius, and neither of them, probably, guilty of more than their usual violence. Partisans on the two sides endeavored to show that each had prepared an ambush for the other, but there is no evidence that it was so. There is no evidence existing now as to this dragging out of Clodius that he might be murdered; but we know what was the general opinion of Rome at the time and we may conclude that it was right. The order probably was given by Milo--as it would have been given by Clodius in similar circ.u.mstances--at the spur of the moment, when Milo allowed his pa.s.sion to get the better of his judgment.

The thirty servants of Clodius were either killed or had run away and hidden themselves, when a certain Senator, S. Tedius, coming that way, found the dead body on the road, and carrying it into the city on a litter deposited it in the dead man's house. Before nightfall the death of Clodius was known through the city, and the body was surrounded by a crowd of citizens of the lower order and of slaves. With them was Fulvia, the widow, exposing the dead man's wounds and exciting the people to sympathy. On the morrow there was an increased crowd, among whom were Senators and Tribunes, and the body was carried out into the Forum, and the people were harangued by the Tribunes as to the horror of the deed that had been done. From thence the body was borne into the neighboring Senate-house[56] by the crowd, under the leading of s.e.xtus Clodius, a cousin of the dead man. Here it was burnt with a great fire fed with the desks and benches, and even with the books and archives which were stored there. Not only was the Senate-house destroyed by the flames, but a temple also that was close to it. Milo's house was attacked, and was defended by arms. We are made to understand that all Rome was in a state of violence and anarchy. The Consuls' fasces had been put away in one of the temples--that of Venus Libitina: these the people seized and carried to the house of Pompey, declaring that he should be Dictator, and he alone Consul, mingling anarchy with a marvellous reverence for legal forms.

But there arose in the city a feeling of great anger at the burning of the Senate-house, which for a while seemed to extinguish the sympathy for Clodius, so that Milo, who was supposed to have taken himself off, came back to Rome and renewed his canva.s.s, distributing bribes to all the citizens--"millia a.s.suum"--perhaps something over ten pounds to every man. Both he and Caelius harangued the people, and declared that Clodius had begun the fray. But no Consuls could be elected while the city was in such a state, and Pompey, having been desired to protect the Republic in the usual form, collected troops from all Italy.

Preparations were made for trying Milo, and the friends of each party demanded that the slaves of the other party should be put to the torture and examined as witnesses; but every possible impediment and legal quibble was used by the advocates on either side. Hortensius, who was engaged for Milo, declared that Milo's slaves had all been made free men and could not be touched. Stories were told backward and forward of the cruelty and violence on each side. Milo made an offer to Pompey to abandon his canva.s.s in favor of Hypsaeus, if Pompey would accept this as a compromise. Pompey answered, with the a.s.sumed dignity that was common to him, that he was not the Roman people, and that it was not for him to interfere.

It was then that Pompey was created sole Consul at the instigation of Bibulus. He immediately caused a new law to be pa.s.sed for the management of the trial which was coming on, and when he was opposed in this by Caelius, declared that if necessary he would carry his purpose by force of arms. Pretending to be afraid of Milo's violence, he remained at home, and on one occasion dismissed the Senate. Afterward, when Milo entered the Senate, he was accused by a Senator present of having come thither with arms hidden beneath his toga; whereupon he lifted his toga and showed that there were none. Asconius tells us that upon this Cicero declared that all the other charges made against the accused were equally false. This is the first word of Cicero's known to us in the matter.

Two or three men declared that because they had been present at the death of Clodius they had been kidnapped and kept close prisoners by Milo; and the story, whether true or false, did Milo much harm. It seems that Milo became again very odious to the people, and that their hatred was for the time extended to Cicero as Milo's friend and proposed advocate. Pompey seems to have shared the feeling, and to have declared that violence was contemplated against himself. "But such was Cicero's constancy," says Asconius, "that neither the alienation of the people nor the suspicions of Pompey, no fear of what might befall himself at the trial, no dread of the arms which were used openly against Milo, could hinder him from going on with the defence, although it was within his power to avoid the quarrel with the people and to renew his friends.h.i.+p for Pompey by abstaining from it." Domitius aen.o.barbus was chosen as President, and the others elected as judges were, we are told, equally good men. Milo was accused both of violence and bribery, but was able to arrange that the former case should be tried first. The method of the trial is explained. Fifty-one judges or jurymen were at last chosen. Schola was the first witness examined, and he exaggerated as best he could the horror of the murder. When Marcellus, as advocate for Milo, began to examine Schola, the people were so violent that the President was forced to protect Marcellus by taking him within the barrier of the judges' seats. Milo also was obliged to demand protection within the court. Pompey, then sitting at the Treasury, and frightened by the clamor, declared that he himself would come down with troops on the next day. After the hearing of the evidence the Tribune Munatius Plancus harangued the people, and begged them to come in great numbers on the morrow so that Milo might not be allowed to escape. On the following day, which was the 11th of April, all the taverns were shut.

Pompey filled the Forum and every approach to it with his soldiers. He himself remained seated at the Treasury as before, surrounded by a picked body of men. At the trial on this day, when three of the advocates against Milo had spoken--Appius, Marc Antony, and Valerius Nepos--Cicero stood up to defend the criminal. Brutus had prepared an oration declaring that the killing of Clodius was in itself a good deed, and praiseworthy on behalf of the Republic; but to this speech Cicero refused his consent, arguing that a man could not legally be killed simply because his death was to be desired, and Brutus's speech was not spoken. Witnesses had declared that Milo had lain in wait for Clodius.

This Cicero alleged to be false, contending that Clodius had lain in wait for Milo, and he endeavored to make this point and no other. "But it is proved," says Asconius, "that neither of the men had any design of violence on that day; that they met by chance, and that the killing of Clodius had come from the quarrelling of the slaves. It was well known that each had often threatened the death of the other. Milo's slaves had no doubt been much more numerous than those of Clodius when the meeting took place; but those of Clodius had been very much better prepared for fighting. When Cicero began to address the judges, the partisans of Clodius could not be induced to abstain from riot even by fear of the soldiery; so that he was unable to speak with his accustomed firmness."

Such is the account as given by Asconius, who goes on to tell us that out of the fifty-one judges thirty-eight condemned Milo and only thirteen were for acquitting him. Milo, therefore, was condemned, and had to retire at once into exile at Ma.r.s.eilles.

It seems to have been acknowledged by the judges that Clodius had not been wounded at first by any connivance on the part of Milo; but they thought that Milo did direct that Clodius should be killed during the fight which the slaves had commenced among themselves. As far as we can take any interest in the matter we must suppose that it was so; but we are forced to agree with Brutus that the killing of Clodius was in itself a good deed done--and we have to acknowledge at the same time that the killing of Milo would have been as good. Though we may doubt as to the manner in which Clodius was killed, there are points in the matter as to which we may be quite a.s.sured. Milo was condemned, not for killing Clodius, but because he was opposed at the moment to the line of politics which Pompey thought would be most conducive to his own interests. Milo was condemned, and the death of the wretched Clodius avenged, because Pompey had desired Hypsaeus to be Consul and Milo had dared to stand in his way. An audience was refused to Cicero, not from any sympathy with Clodius, but because it suited Pompey that Milo should be condemned. Could Cicero have spoken the words which afterward were published, the jury might have hesitated and the criminal might have been acquitted. Caesar was absent, and Pompey found himself again lifted into supreme power--for a moment. Though no one in Rome had insulted Pompey as Clodius had done, though no one had so fought for Pompey as Cicero had done, still it suited Pompey to avenge Clodius and to punish Cicero for having taken Milo's part in regard to the consuls.h.i.+p. Milo, after his condemnation for the death of Clodius, was condemned in three subsequent trials, one following the other almost instantly, for bribery, for secret conspiracy, and again for violence in the city. He was absent, but there was no difficulty in obtaining his conviction.

When he was gone one Saufeius, a friend of his, who had been with him during the tumult, was put upon his trial for his share in the death of Clodius. He at any rate was known to have been guilty in the matter. He had been leader of the party who attacked the tavern, had killed the tavern-keeper, and had dragged out Clodius to execution. But Saufeius was twice acquitted. Had there been any hope of law-abiding tranquillity in Rome, it might have been well that Clodius should be killed and Milo banished. As it was, neither the death of the one nor the banishment of the other could avail anything. The pity of it was--the pity--that such a one as Cicero, a man with such intellect, such ambition, such sympathies, and such patriotism, should have been brought to fight on such an arena.

[Sidenote: B.C. 52, aetat. 55.]

We have in this story a graphic and most astounding picture of the Rome of the day. No Consuls had been or could be elected, and the system by which "interreges" had been enabled to superintend the election of their successors in lieu of the Consuls of the expiring year had broken down.

Pompey had been made sole Consul in an informal manner, and had taken upon himself all the authority of a Dictator in levying troops. Power in Rome seems at the moment to have been shared between him and bands of gladiators, but he too had succeeded in arming himself, and as the Clodian faction was on his side, he was for a while supreme. For law by this time he could have but little reverence, having been partner with Caesar in the so-called Triumvirate for the last eight years. But yet he had no apt.i.tude for throwing the law altogether on one side, and making such a coup-de-main as was now and again within his power. Beyond Pompey there was at this time no power in Rome, except that of the gladiators, and the owners of the gladiators, who were each intent on making plunder out of the Empire. There were certain men, such as were Bibulus and Cato, who considered themselves to be "optimates"--leading citizens who believed in the Republic, and were no doubt anxious to maintain the established order of things--as we may imagine the dukes and earls are anxious in these days of ours. But they were impotent and bad men of business, and as a body were too closely wedded to their "fish ponds"--by which Cicero means their general luxuries and extravagances.

In the bosoms of these men there was no doubt an eager desire to perpetuate a Republic which had done so much for them, and a courage sufficient for the doing of some great deed, if the great deed would come in their way. They went to Pharsalia, and Cato marched across the deserts of Libya. They slew Caesar, and did some gallant fighting afterward; but they were like a rope of sand, and had among them no fitting leader and no high purpose.

Outside of these was Cicero, who certainly was not a fitting leader when fighting was necessary, and who as to politics in general was fitted rather by n.o.ble aspirations than supported by fixed purposes. We are driven to wonder that there should have been, at such a period and among such a people, aspirations so n.o.ble joined with so much vanity of expression. Among Romans he stands the highest, because of all Romans he was the least Roman. He had begun with high resolves, and had acted up to them. Among all the Quaestors, aediles, Praetors, and Consuls Rome had known, none had been better, none honester, none more patriotic. There had come up suddenly in those days a man imbued with the unwonted idea that it behooved him to do his duty to the State according to the best of his lights--no Cincinnatus, no Decius, no Camillus, no Scipio, no pretentious follower of those half-mythic heroes, no demiG.o.d struggling to walk across the stage of life enveloped in his toga and resolved to impose on all eyes by the a.s.sumption of a divine dignity, but one who at every turn was conscious of his human duty, and anxious to do it to the best of his human ability. He did it; and we have to acknowledge that the conceit of doing it overpowered him. He mistook the feeling of people around him, thinking that they too would be carried away by their admiration of his conduct. Up to the day on which he descended from his Consul's seat duty was paramount with him. Then gradually there came upon him the conviction that duty, though it had been paramount with him, did not weigh so very much with others. He had been lavish in his wors.h.i.+p of Pompey, thinking that Pompey, whom he had believed in his youth to be the best of citizens, would of all men be the truest to the Republic. Pompey had deceived him, but he could not suddenly give up his idol. Gradually we see that there fell upon him a dread that the great Roman Republic was not the perfect inst.i.tution which he had fancied. In his early days Chrysogonus had been base, and Verres, and Oppianicus, and Catiline; but still, to his idea, the body of the Roman Republic had been sound. But when he had gone out from his Consuls.h.i.+p, with resolves strung too high that he would remain at Rome, despising provinces and plunder, and be as it were a special providence to the Republic, gradually he fell from his high purpose, finding that there were no Romans such as he had conceived them to be. Then he fell away and became the man who could condescend to waste his unequalled intellect in attacking Piso, in praising himself, and in defending Milo.

The glory of his active life was over when his Consuls.h.i.+p was done--the glory was over, with the exception of that to come from his final struggle with Antony--but the work by which his immortality was to be achieved was yet before him. I think that after defending Milo he must have acknowledged to himself that all partisan fighting in Rome was mean, ign.o.ble, and hollow. With the Senate-house and its archives burnt as a funeral pile for Clodius, and the Forum in which he had to plead lined with soldiers who stopped him by their clang of arms instead of protecting him in his speech, it must have been acknowledged by Cicero that the old Republic was dead, past all hope of resurrection. He had said so often to Atticus; but men say words in the despondency of the moment which they do not wish to have accepted as their established conviction. In such humor Cicero had written to his friend; but now it must have occurred to him that his petulant expressions were becoming only too true. When instigating Curio to canva.s.s for Milo, and defending Milo as though it had been a good thing for a Roman n.o.bleman to travel in the neighborhood of the city with an army at his heels, he must have ceased to believe even in himself as a Roman statesman.

In the oration which we possess--which we must teach ourselves to regard as altogether different from that which Cicero had been able to p.r.o.nounce among Pompey's soldiers and the Clodian rabble--the reader is astonished by the magnificence of the language in which a case so bad in itself could be enveloped, and is made to feel that had he been on the jury, and had such an address been made to him, he would certainly have voted for an acquittal. The guilt or innocence of Milo as to the murder really turned on the point whether he did or did not direct that Clodius should be dragged out of the tavern and slain; but here in this oration three points are put forward, in each of which it was within the scope of the orator to make the jury believe that Clodius had in truth prepared an ambuscade, that Clodius was of all Romans the worst, and that Milo was loyal and true, and, in spite of a certain fierceness of disposition, a good citizen at heart. We agree with Milo, who declared, when banished, that he would never have been able to enjoy the fish of Ma.r.s.eilles had Cicero spoken in the Forum the speech which he afterward composed.

"I would not remind you," he says, "of Milo's Tribunes.h.i.+p, nor of all his service to the State, unless I could make plain to you as daylight the ambush which on that day was laid for him by his enemy. I will not pray you to forgive a crime simply because Milo has been a good citizen; nor, because the death of Clodius has been a blessing to us all, will I therefore ask you to regard it as a deed worthy of praise. But if the fact of the ambush be absolutely made evident, then I beseech you at any rate to grant that a man may lawfully defend himself from the arrogance and from the arms of his enemies."[57] From this may be seen the nature of the arguments used. For the language the reader must turn to the original. That it will be worth his while to do so he has the evidence of all critics--especially that of Milo when he was eating sardines in his exile, and of Quintilian when he was preparing his lessons on rhetoric. It seems that Cicero had been twitted with using something of a dominating tyranny in the Senate--which would hardly have been true, as the prevailing influence of the moment was that of Pompey--but he throws aside the insinuation very grandly. "Call it tyranny if you please--if you think it that, rather than some little authority which has grown from my services to the State, or some favor among good men because of my rank. Call it what you will, while I am able to use it for the defence of the good against the violence of the evil-minded."[58]

Then he describes the fas.h.i.+on in which these two men travelled on the occasion--the fas.h.i.+on of travelling as it suited him to describe it. "If you did not hear the details of the story, but could see simply a picture of all that occurred, would it not appear which of them had planned the attack, which of them was ignorant of all evil? One of them was seated in his carriage, clad in his cloak, and with his wife beside him. His garments, his clients, his companions all show how little prepared he was for fighting. Then, as to the other, why was he leaving his country-house so suddenly? Why should he do this so late in the evening? Why did he travel so slowly at this time of the year? He was going, he says, to Pompey's villa. Not that he might see Pompey, because he knew that Pompey was at Alsium. Did he want to see the villa? He had been there a thousand times. Why all this delay, and turning backward and forward? Because he would not leave the spot till Milo had come up.

And now compare this ruffian's mode of travelling with that of Milo. It has been the constant custom with Clodius to have his wife with him, but now she was not there. He has always been in a carriage, but now he was on horseback. His young Greek sybarites have ever been with him, even when he went as far as Tuscany; on this occasion there were no such trifles in his company. Milo, with whom such companions were not usual, had his wife's singing-boys with him and a bevy of female slaves.

Clodius, who usually never moved without a crowd of prost.i.tutes at his heels, now had no one with him but men picked for this work in hand."[59] What a picture we have here of the manner in which n.o.ble Romans were wont to move about the city and the suburbs! We may imagine that the singing-boys of Milo's wife were quite as bad as the Greek attendants in whom Clodius usually rejoiced. Then he asks a question as to Pompey full of beautiful irony. If Pompey could bring back Clodius from the dead--Pompey, who is so fond of him; Pompey, who is so powerful, so fortunate, so capable of all things; Pompey, who would be so glad to do it because of his love for the man--do you not know that on behalf of the Republic he would leave him down among the ghosts where he is?[60] There is a delightful touch of satire in this when we remember how odious Clodius had been to Pompey in days not long gone by, and how insolent.

The oration is ended by histrionic effects in language which would have been marvellous had they ever been spoken, but which seem to be incredible to us when we know that they were arranged for publication when the affair was over. "O me wretched! O me unhappy!"[61] But these attempts at translation are all vain. The student who wishes to understand what may be the effect of Latin words thrown into this choicest form should read the Milo.

We have very few letters from Cicero in this year--four only, I think, and they are of no special moment. In one of them he recommends Avia.n.u.s to t.i.tus t.i.tius, a lieutenant then serving under Pompey.[62] In this he is very anxious to induce t.i.tius to let Avia.n.u.s know all the good things that Cicero had said of him. In our times we sometimes send our letters of introduction open by the hands of the person introduced, so that he may himself read his own praise; but the Romans did not scruple to ask that this favor might be done for them. "Do me this favor.

t.i.tius, of being kind to Avia.n.u.s; but do me also the greater favor of letting Avia.n.u.s know that I have asked you." What Cicero did to t.i.tius other n.o.ble Romans did in their communications with their friends in the provinces. In another letter to Marius he expresses his great joy at the condemnation of that Munatius Plancus who had been Tribune when Clodius was killed. Plancus had harangued the people, exciting them against Milo and against Cicero, and had led to the burning of the Senate-house and of the temple next door. For this Plancus could not be accused during his year of office, but he had been put upon his trial when that year was over. Pompey had done his best to save him, but in vain; and Cicero rejoices not only that the Tribune who had opposed him should be punished, but that Pompey should have been beaten, which he attributes altogether to the favor shown toward himself by the jury.[63] He is aroused to true exultation that there should have been men on the bench who, having been chosen by Pompey in order that they might acquit this man, had dared to condemn him. Cicero had himself spoken against Plancus on the occasion. s.e.xtus Clodius, who had been foremost among the rioters, was also condemned.

[Sidenote: B.C. 52, aetat. 55.]

This was the year in which Caesar was so nearly conquered by the Gauls at Gergovia, and in which Vercingetorix, having shut himself up in Alesia, was overcome at last by the cruel strategy of the Romans. The brave Gaul, who had done his best to defend his country and had carried himself to the last with a fine gallantry, was kept by his conqueror six years in chains and then strangled amid the glories of that conqueror's triumph, a signal instance of the mercy which has been attributed to Caesar as his special virtue. In this year, too, Cicero's dialogues with Atticus, De Legibus, were written. He seems to have disturbed his labors in the Forum with no other work.

CHAPTER IV.

_CILICIA._

[Sidenote: B.C. 51, aetat. 56.]

We cannot but think that at this time the return of Caesar was greatly feared at Rome by the party in the State to which Cicero belonged; and this party must now be understood as including Pompey. Pompey had been nominally Proconsul in Spain since the year of his second Consuls.h.i.+p, conjointly with Cra.s.sus, B.C. 55, but had remained in Rome and had taken upon himself the management of Roman affairs, considering himself to be the master of the irregular powers which the Triumvirate had created; and of this party was also Cicero, with Cato, Bibulus, Brutus, and all those who were proud to call themselves "optimates." They were now presumed to be desirous to maintain the old republican form of government, and were anxious with more or less sincerity according to the character of the men. Cato and Brutus were thoroughly in earnest, not seeing, however, that the old form might be utterly devoid of the old spirit. Pompey was disposed to take the same direction, thinking that all must be well in Rome as long as he was possessed of high office, grand names, and the appanages of Dictators.h.i.+p. Cicero, too, was anxious, loyally anxious, but anxious without confidence. Something might perhaps be saved if these optimates could be aroused to some idea of their duty by the exercise of eloquence such as his own.

I will quote a few words from Mr. Froude's Caesar: "If Caesar came to Rome as Consul, the Senate knew too well what it might expect;" and then he adds, "Cicero had for some time seen what was coming."[64] As to these a.s.sertions I quite agree with Mr. Froude; but I think that he has read wrongly both the history of the time and the character of the man when he goes on to state that "Cicero preferred characteristically to be out of the way at the moment when he expected that the storm should break, and had accepted the government of Cilicia and Cyprus." All the known details of Cicero's life up to the period of his government of Cilicia, during his government, and after his return from that province, prove that he was characteristically wedded to a life in Rome. This he declared by his distaste to that employment and his impatience of return while he was absent. Nothing, I should say, could be more certain than that he went to Cilicia in obedience to new legal enactments which he could not avoid, but which, as they acted upon himself, were odious to him. Mr. Froude tells us that he held the government but for two years.[65] The period of these provincial governments had of late much varied. The acknowledged legal duration was for one year. They had been stretched by the governing party to three, as in the case of Verres in Sicily; to five, as with Pompey for his Spanish government; to ten for Caesar in Gaul. This had been done with the view of increasing the opportunities for plunder and power, but had been efficacious of good in enabling governors to carry out work for which one year would not have sufficed. It may be a question whether Cicero as Proconsul in Cilicia deserved blame for curtailing the period of his services to the Empire, or praise for abstaining from plunder and power; but the fact is that he remained in his province not two years but exactly one;[66] and that he escaped from it with all the alacrity which we may presume to be expected by a prisoner when the bars of his jail have been opened for him. Whether we blame him or praise him, we can hardly refrain from feeling that his impatience was grotesque. There certainly was no desire on Cicero's part either to go to Cilicia or to remain there, and of all his feelings that which prompted him never to be far absent from Rome was the most characteristic of the man.

Among various laws which Pompey had caused to be pa.s.sed in the previous year, B.C. 52, and which had been enacted with views personal to himself and his own political views, had been one "de jure magistratuum"--as to the way in which the magistrates of the Empire should be selected. Among other clauses it contained one which declared that no Praetor and no Consul should succeed to a province till he had been five years out of office. It would be useless here to point out how absolutely subversive of the old system of the Republic this new law would have been, had the new law and the old system attempted to live together. The Propraetor would have been forced to abandon his aspirations either for the province or for the Consuls.h.i.+p, and no consular governor would have been eligible for a province till after his fiftieth year. But at this time Pompey was both consul and governor, and Caesar was governor for ten years with special exemption from another clause in the war which would otherwise have forbidden him to stand again for the Consuls.h.i.+p during his absence.[67] The law was wanted probably only for the moment; but it had the effect of forcing Cicero out of Rome. As there would naturally come from it a dearth of candidates for the provinces it was further decreed by the Senate that the ex-Praetors and ex-Consuls who had not yet served as governors should now go forth and undertake the duties of government. In compliance with this order, and probably as a specially intended consequence of it, Cicero was compelled to go to Cilicia. Mr.

Froude has said that "he preferred characteristically to be out of the way." I have here given what I think to be the more probable cause of his undertaking the government of Cilicia.

[Sidenote: B.C. 51, aetat. 56.]

In April of this year Cicero before he started wrote the first of a series of letters which he addressed to Appius Claudius, who was his predecessor in the province. This Appius was the brother of the Publius Clodius whom we have known for the last two or three years as Cicero's pest and persecutor; but he addresses Appius as though they were dear friends: "Since it has come to pa.s.s, in opposition to all my wishes and to my expectations, that I must take in hand the government of a province, I have this one consolation in my various troubles--that no better friend to yourself than I am could follow you, and that I could take up the government from the hands of none more disposed to make the business pleasant to me than you will be."[68] And then he goes on: "You perceive that, in accordance with the decree of the Senate, the province has to be occupied." His next letter on the subject was written to Atticus while he was still in Italy, but when he had started on his journey. "In your farewell to me," he says, "I have seen the nature of your love to me. I know well what is my own for you. It must, then, be your peculiar care to see lest by any new arrangement this parting of ours should be prolonged beyond one year."[69] Then he goes on to tell the story of a scene that had occurred at Arcanum, a house belonging to his brother Quintus, at which he had stopped on the road for a family farewell. Pomponia was there, the wife of Quintus and the sister to Atticus. There were a few words between the husband and the wife as to the giving of the invitation for the occasion, in which the lady behaved with much Christian perversity of temper. "Alas," says Quintus to his brother, "you see what it is that I have to suffer every day!" Knowing as we all do how great were the powers of the Roman paterfamilias, and how little woman's rights had been ventilated in those days, we should have thought that an ex-Praetor might have managed his home more comfortably; but ladies, no doubt, have had the capacity to make themselves disagreeable in all ages.