38
PROCEEDINGS OF POMPEY AND CRASSUS.
and deep grief, the consequence of his feeling that, after all, it
had been of so little advantage to him to have saved his country,
and that it had even endangered his life. His happiness was dis-
turbed the very year after his return. The internal condition
of Home grew worse and worse. Pompey was now friendly
towards Cicero, but only because he had fallen out with Clo-
dius. Pompey and M.Crassus were anxious to obtain the con-
sulship a second time. All the υiri boni opposed this scheme by
all means; but it was realised by violence, in the same manner
as Saturninus and Glaucia had formerly gained their ends.
L. Domitius, a brother-in-law of Cato, who was likewise a can-
didate, was intimidated by armed soldiers when he was going
to attend the elections. His servant, who bore the torch before
him, was cut down before his eyes, to intimate to him that he
had to expect the same fate, if he persisted in his suit for the
consulship.11
In this manner the two pillars of the optimales entered upon
their second consulship, which is marked in history by many
acts which no one can justify. The consuls caused provinces
to be given to themselves for five years by a lex Trebonia12 :
Pompey obtained Spain, and Crassus Syria, with the command
in the war against the Parthians. This unconstitutional act
received its punishment afterwards, for Crassus fell in the war
against the Parthians, and Pompey, too, laid the foundation of
his own ruin. In order to conciliate Caesar, the administration
of his provinces was likewise prolonged to him for five years
more. It was a painful thing for Cicero to be obliged to speak
in favour of this arrangement about the provinces, merely for
the sake of maintaining peace ; but experience had taught him
to yield to necessity.
The state of anarchy and internal convulsions went on in-
creasing at Bome; and things came at last, in the year 701,
to such a point, that not only was it absolutely impossible to
hold the elections (which had often happened before), but that
Pompey was appointed sole consul, a thing which had never
yet occurred. In this consulship, which was his third, Pompey
carried several laws, especially one concerning res judiciariae,
" Dion Cassius, xxxix. 27, foil. ; Hutarch, Cato Min 41. foil., Pomp. 52,
Crassus, 15; Appian, Pe Bell Civil, ii. 17; Veil. Paterc. ii. 46.
12 The gentes of the Italicans now begin to appear in the Fasti : Trebonius is
a Lucanian name ; Asimus Pollio, Munatius Plancus, and others, likewise came
from Italian towns. —N.
MURDER OF CLODIUS.
39
the particulars of which, however, are but very imperfectly
known, and I have never been able to form a clear notion of
it ; but this much is certain, that it greatly increased the number
of équités, from among whom the jury were taken.13 The mode
of proceeding in the courts of justice was also modified by these
laws, and the powers of the pleaders seem to have been in-
creased.14 His law de ambitu was ridiculous; for it was a
notorious fact, that no man could obtain the consulship unless
he purchased it ; and it almost appears as if it had only been
Pompey’s intention to prevent a certain grossness or licentious-
ness in the commission of the crime.
It was shortly before the third consulship of Pompey, that
Milo, the descendant of an ancient Sullanian15 family, met
Clodius, his mortal enemy, on the road leading from Rome to
the modern Albano. Each was accompanied by a band of men
to protect him, in case of an attack, just as our nobles used to
travel in the 16th and 17th centuries. In a severe struggle
which took place, Clodius was fatally wounded and died.
This gave rise to a fearful tumult, and Milo was charged with
having murdered him. Pompey, wishing to prevent Milo
from obtaining the consulship, for which he was then a candidate,
declared against him. Cicero undertook his defence ; but the
measures which had been taken by Pompey intimidated him
to such a degree that, for the first time in his life, he lost his
self-possession while pleading the cause of his client. Milo
went to Marseilles into exile; he afterwards returned under
Caesar; but having taken part in an insurrection against him,
he was killed.16
In the following year, Cicero was compelled, though with
great reluctance, to accept the proconsulship of Cilicia. This
province was then in a highly dangerous position on account
of the Parthians, who since the death of Crassus had been
unrestrained, and threatened to overwhelm Cilicia. Cicero
13 Asconius, in Pison, p. 16.
11 Sallust, De Tie PM, Ord. ɪɪ. 3. 7. 12. (?)
15 This mysterious expression occurs in all the MS. notes, whence I am
unwilling to suppress it. It is well known that Milo was a native of Lanuvium,
and adopted into the family of the Annii, whereas he himself belonged to the
Papia gens. It seems that the epithet Sullanian refers to his being married’to
Fausta, the daughter of the dictator Sulla.
16 Caesar, De Bello Civil, ɪɪɪ. 22; Veil. Paterc. it. 68; Dion Cassius,
XLiι. 25.