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ly be kept off any longer: the city was impatient for its magistrates; and especially for the plays and shews with which they used to entertain them; and several also of the new tribunes being zealous for an election, it was held at last on the twentieth of January; when Clodius was chosen ædile, without any opposition; so that Cicero began once more to put himself upon his guard, from the certain expectation of a furious ædileship*.

It may justly seem strange, how a man so profligate and criminal as Clodius, whose life was a perpetual insult on all laws, divine and human, should be suffered not only to live without punishment, but to obtain all the honours of a free city in their proper course; and it would be natural to suspect, that we had been deceived in our accounts of him, by taking them from his enemies, did we not find them too firmly supported by facts to be called in question : but a little attention to the particular character of the man, as well as of the times in which he lived, will enable us to solve the difficulty. First, the splendor of his family, which had born a principal share in all the triumphs of the republic, from the very foundation of it's liberty, was of great force to protect him in all his extravagancies: those, who know any thing of Rome, know what a strong impression this single circumstance of illustrious nobility would necessarily make upon the people; Cicero calls the nobles of his class, prætors and con

Sed omnia fiunt tardiora propter furiosæ ædilitatis expecta tionem. Ad Quint. 2. 2.

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suls élect from their cradles, by a kind of hereditary right; whose very names were sufficient to advance them to all the dignities of the state. Secondly, his personal qualities were peculiarly adapted to endear him to all the meaner sort: his bold and ready wit; his talent at haranguing; his profuse expence ; and his being the first of the family who had pursued popular measures, against the maxims of his ancestors, who were all stern assertors of the aristocratical power. Thirdly, the contrast of opposite factions. who had each their ends in supporting him, contributed principally to his safety: the triumvirate willingly permitted and privately encouraged his violencies; to make their own power not only the less odious, but even necessary, for controuling the fury of such an incendiary; and though it was often turned against themselves, yet they chose to bear it, and dissemble their ability of repelling it, rather than destroy the man who was playing their game for them, and, by throwing the republic into confusion, throwing it of course into their hands: the senate, on the other side, whose chief apprehensions were from the triumvirate, thought, that the rashness of Clodius might be of some use to perplex their measures, and stir up the people against them on proper occasions; or it humoured their spleen at least, to see him often insulting Pom

* Non idem mihi licet, quod iis, qui nobili genere nati sunt, quibus omnia populi Romani beneficia dormientibus deferuntur.-In Verr. 5. 70.

Erat nobilitate ipsà, blanda conciliatricula commendatus, Om, nes semper boni nobilitati favemus, &c.-Pr. Sext. 9.

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pey to his face *. Lastly, all, who envied Cicero, and desired to lessen his authority, privately cherished an enemy, who employed all his force to drive him from the administration of affairs: this accidental concurrence of circumstances, peculiar to the man and the times, was the thing that preserved Clodius, whose insolence could never have been endured in any quiet and regular state of the city.

By his obtaining the ædileship, the tables were turned between him and Milo: the one was armed with the authority of a magistrate; the other become a private man: the one freed from all apprehension of judges and a trial; the other exposed to all that danger from the power of his antagonist and it was not Clodius's custom, to neglect any advantage against an enemy; so that he now accused Milo of the same crime of which Milo had accused him; of publick violence and breach of the laws, in maintaining a band of gladiators to the terror of the city. Milo made his appearance to this accusation, on the second of February; when Pompey, Crassus, and Cicero appeared with him; and M. Marcellus, though Clodius's colleague in the ædileship, spoke for him at Cicero's desire; and the whole passed quietly and favourably for him on that day. The second hearing was appointed on

* Videtis igitur hominem per seipsum jam pridem afflictum ac jacentem, pernisiosis optimatum discordiis excitari.-Ne a republica reipub. pestis amoveretur, restiterunt: etiam, ne causam diceret: etiam ne privatus esset etiamne in sinu atque in deliciis quidam optimi viri viperam illam venenatam ac pestiferam habere potuerunt? Quo tandem decepti munere? Volo, inquiunt, esse qui in concione etrahat de Pompeio,De Harusp. resp, 24.

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the ninth; when Pompey undertook to plead his cause but no soooner stood up to speak, than Clodius's mob began to exert their usual arts, and, by a continual clamour of reproaches and invectives, endeavoured to hinder him from going on, or at least from being heard: but Pompey was too firm to be so baffled; and spoke for near three hours, with a presence of mind, which commanded silence in spite of their attempts. When Clodius rose up to answer him, Milo's party, in their turn, so disturbed and confounded him, that he was not able to speak a word; while a number of epigrams and lampoons upon him and his sister were thrown about, and publicly rehearsed among the multitude below, so as to make him quite furious: till recollecting himself a little, and finding it impossible to proceed in his speech, he demanded aloud of his mob, who it was, that attempted to starve them by famine? To which they presently cried out, Pompey: he then asked, who it was, that desired to be sent to Egypt ? They all echoed, Pompey: but when he asked, who it was, that they themselves had a mind to send? they answered, Crassus: for the old jealousy was now breaking out again between him and Pompey; and though he appeared that day on Milo's side, yet he was not, as Cicero says, a real well-wisher to him.

These warm procedings among the chiefs, brought on a fray below, among their partisans; the Clodians began the attack, but were repulsed by the Pompeians; and Clodius himself driven out of the rostra: Cicero, when he saw the affair proceed to blows, thought it high time to retreat and make the best of

SECT. VI.

CICERO.

43

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his way towards home: but no great harm was done, for Pompey, having cleared the forum of his enemies, presently drew off his forces, to prevent any farther mischief or scandal from his side *.

The senate was presently summoned, to provide some remedy for these disorders; where Pompey, who had drawn upon himself a fresh envy from his behaviour in the Ægyptian affair, was severely handled by Bibulus, Curio, Favonius, and others; Cicero chose to be absent, since he must either have offended Pompey, by saying nothing for him, or the honest party, by defending him. The same debate was carried on for several days; in which Pompey was treated very roughly by the tribune Cato; who inveighed against

* Ad diem IIII. Non. Febr. Milo affuit. Ei Pompeius advocatus yenit. Dixit Marcellus a me rogatus. Honeste discessimus. Productus dies est in IIII. Id. Feb.-A. D. IIII. Id. Milo affuit. Dixit Pompejus, sive voluit. Nam ut surrexit, operæ Clodianæ clamorem sustulerunt: idque ei perpetua oratione contigit, non modo ut acclamatione, sed ut convicio et maledictis impediretur. Qui ut peroravit, nam in eo sane fortis fuit, non est deterritus, dixit omnia atque interdum etiam silentio, cum auctoritate peregerat; sed ut peroravit, surrexit Clodius: ei tantus clamor a nostris, placuerat enim referre gratiam, ut neque mente, neque lingua, neque ore consisteret.-Cum omnia maledicta, tum versus etiam obscœnissimi in Clodium et Clodiam dicerentur. Ille furens et exsanguis interrogabat suos in clamore ipso, quis esset, qui plebem fame necaret ? Respondebant operæ, Pompeius. Quis Alexandriam ire cuperet? Respondebant, Pompeius. Quem ire vellent? Respondebant, Cras.. şum. Is aderat tum Miloni animo non amico,

Hora fere nona, quasi signo dato, Clodiani nostros consputare cœperunt. Exarsit dolor, urgere illi ut loco nos moverunt. Factus est a nostris impetus, fuga operarum. Ejectus de rostris Clodius. Ac nos quoque tum fugimus, ne quid in turba.-Senatus vocatus in Curiam, Pompeius domum.Ad Quint. Fr. 2. 3.