III. This time the fear of disorder silenced opposition, and all eyes turned towards Pompey; but what title to give him? That of dictator caused alarm. M. Bibulus, though previously hostile, moved the proposal to elect him sole consul; it offered the only means of averting the dictature, and preventing Cæsar from becoming his colleague.[748] M. Cato supported this motion, which passed unanimously.[749] It was added that, if Pompey believed a second consul necessary, he should name himself, but not within two months.[750] On the 5th of the Calends of March (27th of February)—it was during an intercalary month—Pompey, though absent, was declared consul by the interrex Serv. Sulpicius, and immediately re-entered Rome. “This extraordinary measure, which had never before been adopted for anybody, appeared wise; nevertheless, as Pompey sought less than Cæsar the favour of the people, the Senate flattered itself with the hope of detaching him completely from it, and securing him in its own interests. And so it happened. Proud of this new and altogether unusual honour, Pompey no longer proposed any measure with a view of pleasing the multitude, and did scrupulously all that could be agreeable to the Senate.”[751]
Three days after his installation, he obtained two senatus-consultus—one, to repress outrages with violence, especially the murder committed on the Appian Way, the burning of the curia, and the attack on the house of the interrex, M. Lepidus; the other, to prevent electoral solicitation by a more rapid proceeding and a more severe penalty. In all criminal actions, a delay of three days was fixed for the interrogation of witnesses, and one day for the contradictory debates. The accuser had two hours to speak, the accused three to defend himself.[752]
M. Cœlius, tribune of the people, protested against these laws, alleging that they violated the tutelary forms of justice, and that they were only imagined for the ruin of Milo. Pompey replied in a tone of menace: “Let them not oblige me to defend the Republic by arms!” He, moreover, adopted all measures for his personal safety, and went with a military guard, as though he feared some outrage on the part of Milo.
Trial of Milo.
IV. Pompey required farther, that a quæstor should be chosen among the consulars to preside over the hearing of the cause. The comitia were held, and L. Domitius Ahenobarbus was elected. It was conceded to Milo that the accusation of murder should be tried first, and that that of solicitation should be adjourned.
The accusers were the elder of the Appii (the nephew of Clodius), M. Antonius, and P. Valerius Nepos. Cicero, assisted by M. Claudius Marcellus, was to defend the accused. Every effort had been made to intimidate Cicero. Pompeius Rufus, C. Sallustius,[753] and T. Munatius Plancus had sought to excite the people against him, and to make Pompey look upon him with suspicion. Although he remained firm against the threats of his adversaries, his courage was shaken.
The trial began on the eve of the Nones of April, and on the first day the pleadings were interrupted by a violent agitation. Next day, the interrogation of the witnesses was carried on under the protection of an imposing military force. Most of the evidence was overpowering for the accused, and proved that Clodius had been massacred in cold blood. When Fulvia, the widow of Clodius, appeared, the emotion increased twofold; her tears, and the spectacle of her grief, affected the assembly. When the session was closed, the tribune of the people, T. Munatius Plancus, harangued the mob, engaged the citizens to come next day in great number to the public place, in order to oppose the acquittal of Milo, and he recommended them to show unmistakably their opinion and grief to the judges when it came to the voting.
On the 6th of the Ides of April the shops were closed; guards were placed on the issues of the Forum by order of Pompey, who, with a considerable reserve, stationed himself at the treasury. After the drawing for the judges, the eldest of the Appii, M. Antonius, and P. Valerius Nepos sustained the accusation. Cicero alone replied. He had been advised to represent the murder of Clodius as a service rendered to the Republic; but he rejected this plea, although Cato had dared to declare in full Senate that Milo had performed the act of a good citizen.[754] He preferred resting his argument on the right of legitimate defence. He had hardly commenced, when the cries and interruptions of the partisans of Clodius caused him an emotion which was visible in his speech; the soldiers were obliged to make use of their arms.[755] The cries of the wounded, and the sight of the blood, deprived Cicero of his presence of mind; he trembled, and often broke off. His pleading was far from being worthy of his talent. Milo was condemned, and went into exile to Marseilles. In the sequel, Cicero composed at his leisure the magnificent oration which we know, and sent it to his unfortunate client, who replied; “If thou hadst spoken formerly as thou hast now written, I should not be eating mullets at Marseilles.”[756]
During the wars of Greece and Africa, Milo, who had not forgotten his part of conspirator, returned into Italy, invited by Cœlius. They both attempted to organise seditious movements; but they failed, and paid for their rash enterprise with their lives.[757]
Pompey, having reached the summit of power, believed, like most men who are vain of themselves, that all was saved because they had placed him at the head of affairs; but, instead of attending to these, his first care was to marry again. He espoused, in spite of his advanced age, Cornelia, daughter of Scipio, the young widow of Publius Crassus, who had just perished among the Parthians. “It was considered,” says Plutarch, “that a woman so young, remarkable both for her mental qualities and for external graces, would have been more properly married to his son. The more honest citizens reproached him with having, on this occasion, sacrificed the interests of the Republic, which, in the extremity to which it was reduced, had chosen him for its physician, and trusted to him alone for its cure. Instead of responding to this confidence, he was seen crowned with flowers, offering sacrifices and celebrating nuptial rites, while he ought to have regarded as a public calamity this consulship, which he would not have obtained, according to the laws, alone and without a colleague, if Rome had been more happy.”[758]