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

suffer the law of his exile to remain, with the other acts of Clodius's tribunate, hanging up in the Capitol, engraved, as usual, on tables of brass: watching therefore the opportunity of Clodius's absence, he went to the Capitol with a strong body of his friends, and taking the tables down conveyed them to his own house. This occasioned a sharp contest in the senate between him and Clodius, about the validity of those acts; and drew Cato also into the debate; who, for the sake of his Cyprian commission, thought himself obliged to defend their legality against Cicero; which created some little coldness between them, and gave no small pleasure to the common enemies of them both t.

But Cicero's chief concern at present was, how to support his former authority in the city, and provide for his future safety; as well against the malice of declared enemies, as the envy of pretended friends, which he perceived to be growing up afresh against him he had thoughts of putting in for the censorship; or of procuring one of those honorary Lieutenancies, which gave a public character to private senators; with intent to make a progress through Italy, or a kind of religious pilgrimage to all the temples, groves and sacred places, on prétence of a vow made in his exile. This would give him an opportunity of shewing himself every where in a light which naturally attracts the affection of the multitude, by testifying a pious regard to the favourite superstitions and

Plutarch in Cic. Dio. p. 109.

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

local religions of the country; as the great, in the same county, still pay their court to the vulgar, by visiting the shrines and altars of the saints which are most in vogue: he mentions these projects to Atticus, as designed to be executed in the spring, resolving in the mean while to cherish the good inclination of the people towards him, by keeping himself perpetually in the view of the city .

Catulus's portico, and Cicero's house were rising again apace and carried up almost to the roof; when Clodius, without any warning, attacked them, on the second of November, with a band of armed men, who demolished the portico, and drove the workmen out of Cicero's ground, and with the stones and rubbish of the place began to batter Quintus's house, with whom Cicero then lived, and at last set fire to it; so that the two brothers, with their families, were forced to save themselves by a hasty flight. Milo had already accused Clodius for his former violences, and resolved, if possible, to bring him to justice: Clodius, on the other hand, was suing for the Edileship, to secure himself, for one year more at least, from any prosecution he was sure of being condemned, if ever he was brought to trial, so that whatever mischief he did in the mean time was all clear gain, and could not make his cause the worse : he now therefore gave a free

Ut nulla re impedirer, quod nisi vellem, mihi esset integrum, aut si comitia censorum proximi consules haberent, petere posse, aut votivam legationem sumsisse prope omnium fanorum, ac lucoAd Att. 4. 2.

rum.

|| Armatis hominibus ante diem III. Non. Novemb. expulsi sunt fabri de area nostra, disturbata porticus Catuli-Quæ ad tectum

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

course to his natural fury; was perpetually scouring the streets with his incendiaries, and threatning fire and sword to the city itself, if an assembly was not called for the election of ædiles. In this humour, about a week after his last outrage, on the eleventh of November, happening to meet with Cicero, in the sacred street, he presently assaulted him with stones, clubs, and drawn swords: Cicero was not prepared for the encounter, and took refuge in the vestibule of the next house; where his attendants rallying in his defence, beat off the assailants, and could easily have killed their leader, but that Cicero was willing, he says, to cure by diet, rather than surgery. The day following Clodius attacked Milo's house, with sword in hand and lighted flambeaus, with intent to storm and burn it but Milo was never unprovided for him; and Q. Flaccus, sallying out with a strong band of stout fellows, killed several of his men, and would have killed Clodius too, if he had not hid himself in the inner apartments of P. Sylla's house, which he made use of on this occasion as his fortress §.

pæne pervenerat. Quinti fratris domus primo fracta conjectu lapidum, ex area nostra, deinde jussu Clodii inflammata, inspectante urbe, conjectis ignibus.Videt, si omnes quos vult palam occiderit, nihilo suam causam difficiliorem, quam adhuc sit, in judicio futuram.-Ad Att. 4. 3.

§ Ante diem tertium Id. Novemb. eum sacra via descenderem, insecutus est me cum suis. Clamor lapides, fustes, gladii; hæc improvisa omnia. Discessimus in vestibulum Tetii Damionis: qui erant mecum facile operas aditu prohibuerunt. Ipse occidi potuit; sed ego diæta curare incípio, chirurgia tædet.-Milonis domum prid. id. expugnare et incendere ita conatus est, ut palam hora quinta cum scutis homines, eductis gladiis, alios cum accensis facibus adduxerit. Ipse domum P. Syllæ pro castris ad eam impugnation em sumpserat, &c. Ad Att. 4. 3.

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

The senate met, on the fourteenth, to take these disorders into consideration; Clodius did not think fit to appear there; but Sylla came, to clear himself probably from the suspicion of encouraging him in these violences, on account of the freedom, which he had taken with his house *. Many severe speeches were made, and vigorous counsels proposed; Marcellinus's opinion was, that Clodius should be impeached anew for these last outrages; and that no election of ædiles should be suffered, till he was brought to a trial: Milo declared, that as long as he continued in office, the consul Metellus should make no election: for he would take the auspices every day, on which an assembly could be held; but Metellus contrived to waste the day in speaking, so that they were forced to break up without making any decree. Milo was as good as his word, and, having gathered a superior force, took care to obstruct the election; though the consul Metellus employed all his power and art to elude his vigilance, and procure an assembly by stratagem; calling it to one place, and holding it in another, sometimes in the field of Mars, sometimes in the forum; but Milo was ever before hand with him; and, keeping a constant guard in the field from midnight to noon, was always at hand. to inhibit his proceedings, by obnouncing, as it was called, or declaring, that he was taking the auspices on that day; so that the three brothers were baffled and disappointed, though they were perpetually haranguing and labouring to inflame the people against

Sylla se in senatu postridie Idus, domi Clodius. Ib.

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

those, who interrupted their assemblies and right of electing; where Metellus's speeches were turbulent, Appius's rash, Clodius's furious. Cicero, who gives this account to Atticus, was of opinion that there would be no election; and that Clodius would be brought to trial, if he was not first killed by Milo; which was likely to be his fate: " Milo," says he, "makes no scruple to own it; being not deterred by

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my misfortune, and having no envious or perfidious "counsellors about him, nor any lazy nobles to discourage him: it is commonly given out by the other side, that what he does, is all done by my advice; "but they little know how much conduct, as well as courage, there is in this hero t.".

66

Young Lentulus, the son of the consul, was, by the interest of his father, and the recommendation of his noble birth, chosen into the college of augurs this summer, though not yet seventeen years old; having

+ Egregius Marcellinus, omnes acres; Metellus calumnia dicendi tempus exemit: conciones turbulentæ Metelli, temerariæ Appii, furiosissimæ Clodii: hæc tamen summa, nisi Milo in campum obnunciasset, comitia futura.-Comitia fore non arbitror; reum Publium, nisi ante occisus erit, fore a Milone puto. Si se inter viam obtulerit, occisum iri ab ipso Milone video. Non dubitat facere; præ se fert; casum illum nostrum non extimescit, &c,

Meo consilio omnia illi fieri querebantur, ignari quantum in illo heroe esset animi, quantum etiam consilii.-Ad Att. 4. 3.

N. B. From these facts it appears, that what is said above, of Ælian and Fusian laws, and prohibiting the magistrates from obstructing the assemblies of the people, is to be understood only in a partial sense, and that his new law extended no farther, than to hinder the magistrates from dissolving an assembly, after it was actually convened and had entered upon business; for it was still unlawful, we see, to convene an assembly, while the magistrate was in the act of observing the heavens.

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