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A. Urb. 696. Cic. 50. Coss.--P. Corn. Lent. Spinther. Q. Cæc. Metel. Nepos.

setting forth the reasons and necessity of the decree, and giving them the comfort of a speedy relief, from the vigilance and authority of Pompey *. The absence however of the consular senators gave a handle to reflect upon the act, as not free and valid, but extorted by fear, and without the intervention of the principal members; but the very next day, in a fuller house, when all those senators were present, and a motion was made to revoke the decree, it was unanimously rejected ; and the consuls were ordered to draw up a law conformable to it, by which the whole administration of the corn and provisions of the republic was to be granted to Pompey for five years, with a power of chusing fifteen lieutenants to assist him in it.

This furnished Clodius with fresh matter of abuse upon Cicero: he charged him" with ingratitude, and "the desertion of the senate, which had always been "firm to him, in order to pay his court to a man who "had betrayed him: and that he was so silly as not "to know his own strength and credit in the city, and "how able he was to maintain his authority without

Cum abessent consulares, quod tuto se negarent posse sententiam dicere, prætor Messalam et Afranium. Ibid. Quo S. C. recitato, cum continuo more hoc insulso et novo plausum, meo nomine recitando dedisset, habui concionem.--Ibid.

At enim liberum senatus judicium propter metum non fuit. Pro dom. 4.

Postridie senatus frequens, et omnes consulares nihil Pompeio postulati negarunt. Ad Att. 4. I.

Cum omnes adessent, cœptum est referri de inducendo S. C.; ab universo senatu reclamatum est.

Pro dom. 4.

A. Urb. 696. Cic. 5o. Coss.-P. Corn. Lent. Spinther. Q.Cæc. Metel. Nepos.

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"the help of Pompey" *. But Cicero defended himself by saying, that they must not expect to play "the same game upon him now that he was restored, "with which he had ruined him before, by raising "jealousies between him and Pompey: that he had "smarted for it too severely already, to be caught a

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gain in the same trap; that, in decreeing this com→ "mission to Pompey, he had discharged both his pri "vate obligations to a friend, and his public duty to "the senate; that those who grudged all extraordina

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ry power to Pompey, must grudge the victories, the triumphs, the accession of dominion and revenue, "which their former grants of this sort had procured "to the empire; that the success of those shewed, "what fruit they were to expect from this" †.

But what authority soever this law conferred on Pompey, his creatures were not yet satisfied with it; so that Messius, one of the tribunes, proposed another, to give him the additional power of raising what money, fleets, and armies he thought fit; with a greater command through all the provinces, than their pro

* Tune es ille, inquit, quo senatus carere non potuit ?-quo restituto, senatus auctoritatem restitutam putabamus? quam primum adveniens prodidisti. Ib 2.

Nescit quantum auctoritate valeat, quas res gesserit, qua dignitate sit restitutus. Cur ornat eum a quo desertus est ?

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Ib. ii.

+ Desinant homines iisdem machinis sperare me restitutum posse labefactari, quibus antea stantem perculerunt data merces est erroris mei magna, ut me non solum pigeat stultitiæ meæ, sed etiam pudeat. Ib. II.

Cn. Pompeio-maxima terra marique bella extra ordinem esse commissa quarum rerum si quem poeniteat, eum victoriæ populi Romani necesse est pœnitere. Ib. 8.

A. Urb. 695. Cic. 50. Coss.-P. Corn. Lent. Spinther. Q Cæc. Metel Nepos.

per governors had in each, Cicero's law seemed modest in comparison of Messius's: Pompey pretended to be content with the first, whilst all his dependents were pushing for the last; they expected that Cicero would come over to them; but he continued silent, nor would stir a step farther; for his affairs were still in such a state, as obliged him to act with caution, and to manage both the senate and the men of power: the conclusion was, that Cicero's law was received by all parties, and Pompey named him for his first lieutenant, declaring that he should consider him as a second self, and act nothing without his advice *. Cicero accepted the employment; on condition that he might be at liberty to use or resign it at pleasure, as he found it convenient to his affairs: but he soon after quitted it to his brother, and chose to continue in the city; where he had the pleasure to see the end of his law effectually answered: for the credit of Pompey's name immediately reduced the price of victuals in the markets; and his vigour and diligence in proşecuting the affair soon established a general plenty.

Legem consules conscripserunt-alteram Messius, qua: omnis pecuniæ dat potestatem, et adjungit classem et exercitum, et majus imperium in provinciis, quam sit eorum, qui eas obtinent. Illa nosra lex consularis nunc modesta videtur, hæc Messii non feranda. Pompeius illam velle se dicit; familiares hanc. Consulares duce Favonio fremunt, nos tacemus; et ego magis quod de domo nostra pihil adhuc pontifices responderunt.

Ille legatos quindecim cum postularet, me principem nominavit et ad omnia me alterum se fore dixit.-Ad Att. 4. I

Ego me a Pompeio legari ita sum passus, ut nulla re impedi

rer, quod ne, st. vellem, mihi esset integrum.-Ib. 2.

A. Urb. 696. Cic. 50. Coss.-P. Corn. Lent. Spinther. Q. Cæc. Metel. Nepos.

Cicero was restored to his former dignity, but not to his former fortunes; nor was any satisfaction yet made to him for the ruin of his houses and estates: a full restitution indeed had been decreed, but was reserved to his return, which came now before the senate, to be considered and settled by public authority, where it met still with great obstruction. The chief difficulty was about his Palatine house, which he valued above all the rest, and which Clodius, for that reason, had contrived to alienate, as he hoped, irretrievably, by demolishing the fabric, and dedicating a temple upon the area to the goddess Liberty: where, to make his work the more complete, he pulled down also the adjoining portico of Catullus, that he might build it up anew, of the same order with his temple; and, by blending the public with private property, and consecrating the whole to religion, might make it impossible to separate or restore any part to Cicero, since a consecration, legally performed, made the thing consecrated unapplicable ever after to any pri

vate use.

This portico was built, as has been said, on the spot where Fulvius Flaccus formerly lived, whose house was publicly demolished, for the treason of its master; and it was Clodius's design to join Cicero's to it, under the same denomination, as the perpetual memorial of a disgrace and punishment inflicted by the people*. When he had finished the portico, therefore,

* Ut domus M. Tullii Ciceronis cum domo Fulvii Flacci ad memoriam pœnæ publice constitutæ conjuncta esse videatur. Pro dom. 38.

A. Urb. 696. Cic. 50. Coss.-P. Corn. Lent. Spinther. Q. Cæc. Metel. Nepos.

and annexed his temple to it, which took up but a small part, scarce a tenth of Cicero's house, he left the rest of the area void, in order to plant a grove, or walks of pleasure upon it, as had been usual in such cases; where, as it has been observed, he was prosecuting a particular interest, as well as indulging his malice in obstructing the restitution of it to Cicero.

The affair was to be determined by the college of priests, who were the judges in all cases relating to religion for the senate could only make a provisional decree, "That if the priests discharged the ground

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from the service of religion, then the consuls should "take an estimate of the damage, and make a con"tract for rebuilding the whole, at the public charge,

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so as to restore it to Cicero, in the condition in which "he left it t." The priests, therefore, of all orders were called together on the last of September, to hear this cause, which Cicero pleaded in person before them: They were men of the first dignity and families in the republic; and there never was, as Cicero tells us, so full an appearance of them in any cause, since the foundation of the city: he reckons up nineteen by name, a great part of whom were of consular rank *. His first care, before he entered into the merits of the question, was to remove the prejudices which his enemies had been labouring to instil, on

+ Qui si sustulerint religionem, aream præclaram habebimus: superficiem consules ex S. C. æstimabunt.-Ad Att. 4. 1.

Nego unquam post sacra constituta, quorum eadem est antiquitas, quæ ipsius urbis, ulla de re, ne de capite quidem virginum vestalium, tam frequens collegium judicasse. De Harusp. resp. 6, 7.

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