Could Cicero have spoken the words which afterward were published, the jury might have hesitated and the criminal might have been acquitted. Cæsar 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 consulship. 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.
b. c. 52, ætat. 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 Cæsar in the so-called Triumvirate for the last eight years. But yet he had no aptitude 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 Cæsar, 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 noble 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 noble 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 Quæstors, Ædiles, Prætors, 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 demigod struggling to walk across the stage of life enveloped in his toga and resolved to impose on all eyes by the assumption 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 worship 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 institution 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 Consulship, 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 Consulship 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, ignoble, 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 canvass for Milo, and defending Milo as though it had been a good thing for a Roman nobleman 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 pronounce 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 Marseilles had Cicero spoken in the Forum the speech which he afterward composed.
"I would not remind you," he says, "of Milo's Tribuneship, 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