[-54-] After this, the courts being convened in quiet, many were condemned on various charges, and, for the murder of Clodius, Milo among others though he had Cicero as a defender. That orator, seeing Pompey and the soldiers contrary to custom in the court, was alarmed and overwhelmed with dread, so that he did not deliver any of the speech he had prepared, but after saying a few words with effort in a half-dead voice, was glad to retire. This speech which is now supposed to have been delivered at that time in behalf of Milo he wrote some time later and at leisure, when he had recovered his courage. There is also the following story about it. When Milo, in banishment, made the acquaintance of the speech sent to him by Cicero, he wrote back saying that it was lucky for him those words had not been spoken in that form in the court; for he would not be eating such fine mullets in Massilia (where he was passing his exile), if any such defence had been made. This he wrote, not because he was pleased with his circumstances,—he made many ventures to secure his return,—but as a joke on Cicero, because after saying nothing important at the time of the defence he later both practiced and sent to him these fruitless words, as if they could now be of any service to him.
[-55-] In this way Milo was convicted; and so were Rufus and Plancus, as soon as they had finished their term of office, together with numerous others on account of the burning of the senate-house. Plancus was not even benefited by Pompey, who was so earnest in his behalf that he sent to the court a volume containing both a eulogy of the prisoner and a supplication for him. Marcus Cato, who was eligible to sit as a juryman, said he would not allow the eulogizer to destroy his own laws. But he got no opportunity to cast his vote; for Plancus rejected him, feeling sure that he would give his voice for condemnation: (by the laws of Pompey each of the parties to a suit was allowed to set aside five out of the number that were to judge him;) the other jurors, however, voted against him, especially as it did not seem right to them after they had condemned Rufus to acquit Plancus, who was on trial on the same charge. And when they saw Pompey coöperating with him, they showed the more zeal against him, for fear they might be thought to be absolute slaves of his rather than jurymen. It should be said that on this occasion, too, Cicero accused Plancus no better than he had defended Milo: for the appearance of the courtroom was the same, and Pompey in each case was planning and acting against him,—a circumstance that naturally led to a second collision between them.
[-56-] After attending to these matters Pompey revived the law about elections (which had fallen somewhat into disuse) commanding those who seek an office to present themselves without fail before the assembly, so that no one who is absent may be chosen. He also confirmed the ordinance, passed a short time previously, that those who had held office in the city should not be allotted to foreign governorships before five years had passed. He was not ashamed at this time to record such measures, although a little later he himself took Spain for five years more and granted Caesar, whose friends were in a terrible state of irritation, the right to canvass for the consulship (as had been decreed), even in his absence. He amended the law to read that only those should be permitted to do it who were granted the privilege by name and without disguise; but of course this was no different from its not being prohibited at all, for men who had any influence were certainly going to manage to get the right voted to them.
[-57-] Such were the political acts of Pompey. Scipio without enacting any new laws abolished the measures emanating from Clodius, with regard to the censors. It looked as though he had done this out of favor to them since he restored to them the authority which they formerly had: but it turned out to be the opposite. For in view of the fact that there were many worthless men both in the equestrian and in the senatorial orders, so long as it had not been permitted them to expel any one, either accused or convicted, no fault was found with them on account of those whose names were not expunged. But when they got back their old power and were allowed to do this and to examine the life of each man separately, they had not the hardihood to come to an open break with many and did not wish to incur any censure for not expelling those guilty of improper conduct, and for this reason no sensible person had any desire for the office any longer.
[-58-] This was the vote passed with regard to the censors. Cato on the whole did not wish any office, but seeing Caesar and Pompey outgrowing the system of government, and surmising that they would either get control of affairs between themselves or would quarrel with each other and create a mighty strife, the victor in which would be sole ruler, he wished to overthrow them before they became antagonists, and hence sought the consulship to use it against them, because as a private citizen he was likely to wield no influence.
[B.C. 51 (a.u. 703)]
His designs were guessed, however, by the adherents of the two men and he was not appointed, but instead Marcus Marcellus and Sulpicius Rufus were chosen, the one on account of his acquaintance with the law and the other for his ability in speaking. One special reason was that they, even if they did not employ bribes or violence, yet showed deference to all and were wont to exhort people frequently, whereas Cato was deferential to no one. He never again became a candidate for the office, saying that it was the duty of an upright man not to avoid the leadership of the commonwealth if any person wished him to enjoy it, nor yet to pursue it beyond the limits of propriety. [-59-] Marcellus at once directed all his efforts to compass the downfall of Caesar,—for he was of Pompey's party,—and among the many measures against him that he proposed was one to the effect that a successor to him should be sent before the appointed time. He was resisted by Sulpicius and some of the tribunes,—by the latter out of good will toward Caesar. Sulpicius made common cause with them and with the multitude, because he did not like the idea of a magistrate who had done no wrong being stopped in the middle of his term. Pompey was starting from the city with the avowed intention of leading an expedition into Spain, but he did not at this time even leave the bounds of Italy, and after assigning to his lieutenants the entire business abroad he himself kept close watch on the city. Now when he heard how things were going, he pretended that the plan of having Caesar detached from his command did not please him either, but he arranged matters so that when Caesar should have served out the time allowed him, an event not of the distant future, but due to occur the following year,—he should lay down his arms and return home to be a private citizen. In pursuance of this object he made Gaius Marcellus, a cousin of Marcus,[67] or a brother (both traditions are current), obtain the consulship, because although allied to Caesar by marriage he was hostile to him; and he made Gaius Curio, who was also an oldtime foe of his rival, receive the tribuneship.
[B.C. 50 (a.u. 704)]
[-60-] Caesar was on no account inclined to become a private citizen after so great a command and one of such long standing, and was afraid that he might fall into the power of his enemies. Therefore he made preparations to stay in office in spite of them, collected additional soldiers, gathered money, manufactured arms, and conducted himself to please all. Meanwhile, desiring to settle matters at home somewhat beforehand, so as not to seem to be gaining all his ends by violence, but some by persuasion, he decided to effect a reconciliation with Curio. For the latter belonged to the family of the Curiones, had a keen intelligence, was eloquent, was greatly trusted by the populace and absolutely unsparing of money for all purposes by which he could either benefit himself or hoped to gain benefit for others. So, by buoying him up with many hopes and releasing him from all his debts which on account of his great expenditures were numerous, Caesar attached him to himself. In view of the present importance of the objects for which he was working he did not spare money, since he could collect it from the people themselves, and he also promised various persons large sums, of which he was destined to give them not the smallest particle. He courted not only the free but the slaves who had any influence whatever with their masters, and as a result a number of the knights and the senators, too, joined his party.
[-61-]Thus Curio began to espouse Caesar's cause; not immediately, however, did he begin to show open activity, because he was seeking an excuse of fair semblance and was trying to appear to have transferred his allegiance not willingly, but under compulsion. He also took into consideration that the more he should associate with his patron's enemies in the guise of their friend the more and the greater secrets of theirs he would learn. For these reasons he dissimulated for a very long time, and to prevent any suspicion of his having changed sides and not maintaining and representing still at this time an attitude of unqualified opposition to Caesar as one of the leading spirits in the movement, he even made a public harangue against him, as a result of which he gained the tribuneship and prepared many unusual measures. Some bills he offered against the senate and its most powerful members, who were especially active in Pompey's behalf, not because he either wished or expected that any one of them would be passed, but in order that, as they did not accept them, so no measure might be passed against Caesar (for many motions to his detriment were being offered by many persons), and that he himself might transfer his support on this excuse.