and gathered to support their favorite, with young Curio, whom Cicero called in mockery _Filiola_, at their head. The approaches to the Forum were occupied by them. Piso, by whom the bill was introduced, himself advised the people to reject it. Cato flew to the Rostra and railed at the consul. Hortensius, the orator, and many others spoke on the same side. It appeared at last that the people were divided, and would consent to the bill being passed, if it was recommended to them by both the consuls. Again, therefore, the matter was referred to the Senate. One of the tribunes introduced Clodius, that he might speak for himself. Cicero had now altered his mind, and was in favor of the prosecution.
[Sidenote: February, B.C. 61.] The "pretty youth" was alternately humble and violent, begging pardon, and then bursting into abuse of his brother-in-law, Lucullus, and more particularly of Cicero, whom he suspected of being the chief promoter of the proceedings against him. When it came to a division, the Senate voted by a majority of four hundred to fifteen that the consuls must recommend the bill. Piso gave way, and the tribune also who had been in Clodius's favor. The people were satisfied, and a court of fifty-six judges was appointed, before whom the trial was to take place. It seemed that a conviction must necessarily follow, for there was no question about the facts, which were all admitted. There was some manoeuvring, however, in the constitution of the court, which raised Cicero's suspicions. The judges, instead of being selected by the praetor, were chosen by lot, and the prisoner was allowed to challenge as many names as he pleased. The result was that in Cicero's opinion a more scandalous set of persons than those who were finally sworn were never collected round a gaming table-- "disgraced senators, bankrupt knights, disreputable tribunes of the treasury, the few honest men that were left appearing to be ashamed of their company"--and Cicero considered that it would have been better if Hortensius, who was prosecuting, had withdrawn, and had left Clodius to be condemned by the general sense of respectable people, rather than risk the credit of Roman justice before so scandalous a tribunal.[1] Still the case as it proceeded appeared so clear as to leave no hope of an acquittal. Clodius's friends were in despair, and were meditating an appeal to the mob. The judges, on the evening of the first day of the trial, as if they had already decided on a verdict of guilty, applied for a guard to protect them while they delivered it. The Senate complimented them in giving their consent. With a firm expectation present in all men's minds the second morning dawned. Even in Rome, accustomed as it was to mockeries of justice, public opinion was shocked when the confident anticipation was disappointed. According to Cicero, Marcus Crassus, for reasons known to himself, had been interested in Clodius. During the night he sent for the judges one by one. He gave them money. What else he either gave or promised them, must continue veiled in Cicero's Latin.[2] Before these influences the resolution of the judges melted away, and when the time came, thirty-one out of fifty-six high-born Roman peers and gentlemen declared Clodius innocent.
The original cause was nothing. That a profligate young man should escape punishment for a licentious frolic was comparatively of no consequence; but the trial acquired a notoriety of infamy which shook once more the already tottering constitution.
"Why did you ask for a guard?" old Catulus growled to the judges: "was it that the money you have received might not be taken from you?"
"Such is the history of this affair," Cicero wrote to his friend Atticus. "We thought that the foundation of the Commonwealth had been surely re- established in my consulship, all orders of good men being happily united. You gave the praise to me and I to the gods; and now unless some god looks favorably on us, all is lost in this single judgment. Thirty Romans have been found to trample justice under foot for a bribe, and to declare an act not to have been committed, about which not only not a man, but not a beast of the field, can entertain the smallest doubt."
Cato threatened the judges with impeachment; Cicero stormed in the Senate, rebuked the consul Piso, and lectured Clodius in a speech which he himself admired exceedingly. The "pretty boy" in reply taunted Cicero with wishing to make himself a king. Cicero rejoined with asking Clodius about a man named "King," whose estates he had appropriated, and reminded him of a misadventure among the pirates, from which he had come off with nameless ignominy. Neither antagonist very honorably distinguished himself in this encounter of wit. The Senate voted at last for an inquiry into the judges' conduct; but an inquiry only added to Cicero's vexation, for his special triumph had been, as he conceived, the union of the Senate with the equites; and the equites took the resolution as directed against themselves, and refused to be consoled.[3]
Caesar had been absent during these scenes. His term of office having expired, he had been despatched as propraetor to Spain, where the ashes of the Sertorian rebellion were still smouldering; and he had started for his province while the question of Clodius's trial was still pending. Portugal and Gallicia were still unsubdued. Bands of robbers lay everywhere in the fastnesses of the mountain ranges. Caesar was already favorably known in Spain for his service as quaestor. He now completed the conquest of the peninsula. He put down the banditti. He reorganized the administration with the rapid skill which always so remarkably distinguished him. He sent home large sums of money to the treasury. His work was done quickly, but it was done completely. He nowhere left an unsound spot unprobed. He never contented himself with the superficial healing of a wound which would break out again when he was gone. What he began he finished, and left it in need of no further surgery. As his reward, he looked for a triumph, and the consulship, one or both; and the consulship he knew could not well be refused to him, unwelcome as it would be to the Senate.
Pompey meanwhile was at last coming back. All lesser luminaries shone faint before the sun of Pompey, the subduer of the pirates, the conqueror of Asia, the glory of the Roman name. Even Cicero had feared that the fame of the saviour of his country might pale before the lustre of the great Pompey. "I used to be in alarm," he confessed with nave simplicity, "that six hundred years hence the merits of Sampsiceramus[4] might seem to have been more than mine." [5] But how would Pompey appear? Would he come at the head of his army, like Sylla, the armed soldier of the democracy, to avenge the affront upon his officers, to reform the State, to punish the Senate for the murder of the Catiline conspirators? Pompey had no such views, and no capacity for such ambitious operations. The ground had been prepared beforehand. The Mucia story had perhaps done its work, and the Senate and the great commander were willing to meet each other, at least with outward friendliness.
His successes had been brilliant; but they were due rather to his honesty than to his military genius. He had encountered no real resistance, and Cato had sneered at his exploits as victories over women. He had put down the buccaneers, because he had refused to be bribed by them. He had overthrown Mithridates and had annexed Asia Minor and Syria to the Roman dominions. Lucullus could have done it as easily as his successor, if he could have turned his back upon temptations to increase his own fortune or gratify his own passions. The wealth of the East had lain at Pompey's feet, and he had not touched it. He had brought millions into the treasury. He returned, as he had gone out, himself moderately provided for, and had added nothing to his private income. He understood, and practised strictly, the common rules of morality. He detested dishonesty and injustice. But he had no political insight; and if he was ambitious, it was with the innocent vanity which desires, and is content with, admiration. In the time of the Scipios he would have lived in an atmosphere of universal applause, and would have died in honor with an unblemished name. In the age of Clodius and Catiline he was the easy dupe of men of stronger intellect than his own, who played upon his unsuspicious integrity. His delay in coming back had arisen chiefly from anxiety for his personal safety. He was eager to be reconciled to the Senate, yet without deserting the people. While in Asia, he had reassured Cicero that nothing was to be feared from him.[6] His hope was to find friends on all sides and in all parties, and he thought that he had deserved their friendship.
[Sidenote: December, B.C. 62.] Thus when Pompey landed at Brindisi his dreaded legions were disbanded, and he proceeded to the Capitol, with a train of captive princes, as the symbols of his victories, and wagons loaded with treasure as an offering to his country. He was received as he advanced with the shouts of applauding multitudes. He entered Rome in a galaxy of glory. A splendid column commemorated the cities which he had taken, the twelve million human beings whom he had slain or subjected. His triumph was the most magnificent which the Roman citizens had ever witnessed, and by special vote he was permitted to wear his