There can be little doubt that Caesar knew what Clodius had in his mind; or that, if the design was not his own, he had purposely allowed it to go forward. Caesar did not wish to hurt Cicero. He wished well to him, and admired him; but he did not mean to leave him free in Rome to lead a senatorial reaction. A prosecution for the execution of the prisoners was now distinctly announced. Cicero as consul had put to death Roman citizens without a trial. Cicero was to be called to answer for the illegality before the sovereign people. The danger was unmistakable; and Caesar, who was still in the suburbs making his preparations, invited Cicero to avoid it, by accompanying him as second in command into Gaul. The offer was made in unquestionable sincerity. Caesar may himself have created the situation to lay Cicero under a pressure, but he desired nothing so much as to take him as his companion, and to attach him to himself. Cicero felt the compliment and hesitated to refuse, but his pride again came in his way. Pompey assured him that not a hair of his head should be touched. Why Pompey gave him this encouragement Cicero could never afterwards understand. The scenes in the theatres had also combined to mislead him, and he misread the disposition of the great body of citizens. He imagined that they would all start up in his defence, Senate, aristocracy, knights, commoners, and tradesmen. The world, he thought, looked back upon his consulship with as much admiration as he did himself, and was always contrasting him with his successors. Never was mistake more profound. The Senate, who had envied his talents and resented his assumption, now despised him as a trimmer. His sarcasms had made him enemies among those who acted with him politically. He had held aloof at the crisis of Caesar’s election and in the debates which followed, and therefore all sides distrusted him; while throughout the body of the people there was, as Caesar had foretold, a real and sustained resentment at the conduct of the Catiline affair. The final opinion of Rome was that the prisoners ought to have been tried; and that they were not tried was attributed not unnaturally to a desire, on the part of the Senate, to silence an inquiry which might have proved inconvenient.
Thus suddenly out of a clear sky the thunder-clouds gathered over Cicero’s head. “Clodius,” says Dion Cassius, “had discovered that among the senators Cicero was more feared than loved. There were few of them who had not been hit by his irony, or irritated by his presumption.” Those who most agreed in what he had done were not ashamed to shuffle off upon him their responsibilities. Clodius, now omnipotent with the assembly at his back, cleared the way by a really useful step; he carried a law abolishing the impious form of declaring the heavens unfavorable when an inconvenient measure was to be stopped or delayed. Probably it formed a part of his engagement with Caesar. The law may have been meant to act retrospectively, to prevent a question being raised on the interpellations of Bibulus. This done, and without paying the Senate the respect of first consulting it, he gave notice that he would propose a vote to the assembly, to the effect that any person who had put to death a Roman citizen without trial, and without allowing him an appeal to the people, had violated the constitution of the State. Cicero was not named directly; every senator who had voted for the execution of Cethegus and Lentulus and their companions was as guilty as he; but it was known immediately that Cicero was the mark that was being aimed at; and Caesar at once renewed the offer, which he made before, to take Cicero with him. Cicero, now frightened in earnest, still could not bring himself to owe his escape to Caesar. The Senate, ungrateful as they had been, put on mourning with an affectation of dismay. The knights petitioned the consuls to interfere for Cicero’s protection. The consuls declined to receive their request. Caesar outside the city gave no further sign. A meeting of the citizens was held in the camp. Caesar’s opinion was invited. He said that he had not changed his sentiments. He had remonstrated at the time against the execution. He disapproved of it still, but he did not directly advise legislation upon acts that were past. Yet, though he did not encourage Clodius, he did not interfere. He left the matter to the consuls, and one of them was his own father-in-law, and the other was Gabinius, once Pompey’s favorite officer. Gabinius, Cicero thought, would respect Pompey’s promise to him. To Piso he made a personal appeal. He found him, he said afterwards, [9] at eleven in the morning, in his slippers, at a low tavern. Piso came out, reeking with wine, and excused himself by saying that his health required a morning draught. Cicero attempted to receive his apology, and he stood for a while at the tavern door, till he could no longer bear the smell and the foul language and expectorations of the consul. Hope in that quarter there was none. Two days later the assembly was called to consider Clodius’s proposal. Piso was asked to say what he thought of the treatment of the conspirators; he answered gravely, and, as Cicero described him, with one eye in his forehead, that he disapproved of cruelty. Neither Pompey nor his friends came to help. What was Cicero to do? Resist by force? The young knights rallied about him eager for a fight, if he would but give the word. Sometimes as he looked back in after-years he blamed himself for declining their services, sometimes he took credit to himself for refusing to be the occasion of bloodshed. [10]
“I was too timid,” he said once; “I had the country with me, and I should have stood firm. I had to do with a band of villains only, with two monsters of consuls, and with the male harlot of rich buffoons, the seducer of his sister, the high-priest of adultery, a poisoner, a forger, an assassin, a thief. The best and bravest citizens implored me to stand up to him. But I reflected that this Fury asserted that he was supported by Pompey and Crassus and Caesar. Caesar had an army at the gates. The other two could raise another army when they pleased; and when they knew that their names were thus made use of, they remained silent. They were alarmed perhaps, because the laws which they had carried in the preceding year were challenged by the new praetors, and were held by the Senate to be invalid; and they were unwilling to alienate a popular tribune.” [11]
And again elsewhere: “When I saw that the faction of Catiline was in power, that the party which I had led, some from envy of myself, some from fear for their own lives, had betrayed and deserted me; when the two consuls had been purchased by promises of provinces, and had gone over to my enemies, and the condition of the bargain was that I was to be delivered over, tied and bound, to my enemies; when the Senate and knights were in mourning, but were not allowed to bring my cause before the people; when my blood had been made the seal of the arrangement under which the State had been disposed of; when I saw all this, although ‘the good’ were ready to fight for me, and were willing to die for me, I would not consent, because I saw that victory or defeat would alike bring ruin to the Commonwealth. The Senate was powerless. The Forum was ruled by violence. In such a city there was no place for me.” [12]
So Cicero, as he looked back afterwards, described the struggle in his own mind. His friends had then rallied; Caesar was far away; and he could tell his own story, and could pile his invectives on those who had injured him. His matchless literary power has given him exclusive command over the history of his time. His enemies’ characters have been accepted from his pen as correct portraits. If we allow his description of Clodius and the two consuls to be true to the facts, what harder condemnation can be pronounced against a political condition in which such men as these could be raised to the first position in the State? [13] Dion says that Cicero’s resolution to yield did not wholly proceed from his own prudence, but was assisted by advice from Cato and Hortensius the orator. Anyway, the blow fell, and he went down before the stroke. His immortal consulship, in praise of which he had written a poem, brought after it the swift retribution which Caesar had foretold. When the vote proposed by Clodius was carried, he fled to Sicily, with a tacit confession that he dared not abide his trial, which would immediately have followed. Sentence was pronounced upon him in his absence. His property was confiscated. His houses in town and country were razed. The site of his palace in Rome was dedicated to the Goddess of Liberty, and he himself was exiled. He was forbidden to reside within four hundred miles of Rome, with a threat of death if he returned; and he retired to Macedonia, to pour out his sorrows and his resentments in lamentations unworthy of a woman.
[1] See a list of the Leges Juliae in the 48th Book of the Corpus Juris Civilis.
[2] To Atticus, ii. 16.
[3] “Tenemur undique, neque jam, quo minus serviamus, recusamus, sed mortem et ejectionem quasi majora timemus, quae multo sunt minora. Atque hic status, qui una voce omnium gemitur neque verbo cujusdam sublevatur.”—To Atticus, ii. 18.
[4] “In concionem ascendit et Pompeium privatus dictatorem appellavit. Propius nihil est factum quam ut occideretur.”—Cicero, Ad Quintum Fratrem, i. 2.
[5] To Athens, ii, 21. In this comparison Cicero betrays his naïve conviction that Pompey was indebted to him and to his praises for his reputation. Here, as always, Cicero was himself the centre round which all else revolved or ought to revolve.