Clodius was a licensed libertine; but license has its limits. He had been useful so far; but a rein was wanted for him, and Pompey decided at last that Cicero might now be recalled. Clodius’s term of office ran out. The tribunes for the new year were well disposed to Cicero. The new consuls were Lentulus, a moderate aristocrat, and Cicero’s personal friend, and Metellus Nepos, who would do what Pompey told him. Caesar had been consulted by letter and had given his assent. Cicero, it might be thought, had learnt his lesson, and there was no desire of protracting his penance. There were still difficulties, however. Cicero, smarting from wrath and mortification, was more angry with the aristocrats, who had deserted him, than with his open enemies. His most intimate companions, he bitterly said, had been false to him. He was looking regretfully on Caesar’s offers, [4] and cursing his folly for having rejected them. The people, too, would not sacrifice their convictions at the first bidding for the convenience of their leaders; and had neither forgotten nor forgiven the killing of the Catiline conspirators; while Cicero, aware of the efforts which were being made, had looked for new allies in an imprudent quarter. His chosen friend on the conservative side was now Annius Milo, one of the new tribunes, a man as disreputable as Clodius himself; deep in debt and looking for a province to indemnify himself—famous hitherto in the schools of gladiators, in whose arts he was a proficient, and whose services were at his disposal for any lawless purpose.

[B.C. 57.] A decree of banishment could only be recalled by the people who had pronounced it. Clodius, though no longer in office, was still the idol of the mob; and two of the tribunes, who were at first well inclined to Cicero, had been gained over by him. As early as possible, on the first day of the new year, Lentulus Spinther brought Cicero’s case before the Senate. A tribune reminded him of a clause, attached to the sentence of exile, that no citizen should in future move for its repeal. The Senate hesitated, perhaps catching at the excuse; but at length, after repeated adjournments, they voted that the question should be proposed to the Assembly. The day fixed was the 25th of January. In anticipation of a riot the temples on the Forum were occupied with guards. The Forum itself and the senate-house were in possession of Clodius and his gang. Clodius maintained that the proposal to be submitted to the people was itself illegal, and ought to be resisted by force. Fabricius, one of the tribunes, had been selected to introduce it. When Fabricius presented himself on the Rostra, there was a general rush to throw him down. The Forum was in theory still a sacred spot, where the carrying of arms was forbidden; but the new age had forgotten such obsolete superstitions. The guards issued out of the temples with drawn swords. The people were desperate and determined. Hundreds were killed on both sides; Quintus Cicero, who was present for his brother, narrowly escaping with life. The Tiber, Cicero says—perhaps with some exaggeration—was covered with floating bodies; the sewers were choked; the bloody area of the Forum had to be washed with sponges. Such a day had not been seen in Rome since the fight between Cinna and Octavius. [5] The mob remained masters of the field, and Cicero’s cause had to wait for better times. Milo had been active in the combat, and Clodius led his victorious bands to Milo’s house to destroy it. Milo brought an action against him for violence; but Clodius was charmed even against forms of law. There was no censor as yet chosen, and without a censor the praetors pretended that they could not entertain the prosecution. Finding law powerless, Milo imitated his antagonist. He, too, had his band of gladiators about him; and the streets of the Capital were entertained daily by fights between the factions of Clodius and Milo. The Commonwealth of the Scipios, the laws and institutions of the mistress of the civilized world, had become the football of ruffians. Time and reflection brought some repentance at last. Toward the summer “the cause of order” rallied. The consuls and Pompey exerted themselves to reconcile the more respectable citizens to Cicero’s return; and, with the ground better prepared, the attempt was renewed with more success. In July the recall was again proposed in the Senate, and Clodius was alone in opposing it. When it was laid before the Assembly, Clodius made another effort; but voters had been brought up from other parts of Italy who outnumbered the city rabble; Milo and his gladiators were in force to prevent another burst of violence; and the great orator and statesman was given back to his country. Sixteen months he had been lamenting himself in Greece, bewailing his personal ill-treatment. He was the single object of his own reflections. In his own most sincere convictions he was the centre on which the destinies of Rome revolved. He landed at Brindisi on the 5th of August. His pardon had not yet been decreed, though he knew that it was coming. The happy news arrived in a day or two, and he set out in triumph for Rome. The citizens of Brindisi paid him their compliments; deputations came to congratulate from all parts of Italy. Outside the city every man of note of all the orders, save a few of his declared enemies, were waiting to receive him. The roofs and steps of the temples were thronged with spectators. Crowds attended him to the Capitol, where he went to pour out his gratitude to the gods, and welcomed him home with shouts of applause.

Had he been wise he would have seen that the rejoicing was from the lips outward; that fine words were not gold; that Rome and its factions were just where he had left them, or had descended one step lower. But Cicero was credulous of flattery when it echoed his own opinions about himself. The citizens, he persuaded himself, were penitent for their ingratitude to the most illustrious of their countrymen. The acclamations filled him with the delighted belief that he was to resume his place at the head of the State; and, as he could not forgive his disgrace, his first object in the midst of his triumph was to revenge himself on those who had caused it. Speeches of acknowledgment he had naturally to make both to the Senate and the Assembly. In addressing the people he was moderately prudent; he glanced at the treachery of his friends, but he did not make too much of it. He praised his own good qualities, but not extravagantly. He described Pompey as “the wisest, best, and greatest of all men that had been, were, or ever would be.” Himself he compared to Marius returning also from undeserved exile, and he delicately spoke in honor of a name most dear to the Roman plebs, But he, he said, unlike Marius, had no enemies but the enemies of his country. He had no retaliation to demand for his own wrongs. If he punished bad citizens, it would be by doing well himself; if he punished false friends, it would be by never again trusting them. His first and his last object would be to show his gratitude to his fellow- citizens. [6]

Such language was rational and moderate. He understood his audience, and he kept his tongue under a bridle. But his heart was burning in him; and what he could not say in the Forum he thought he might venture on with impunity in the Senate, which might be called his own dunghill. His chief wrath was at the late consuls. They were both powerful men. Gabinius was Pompey’s chief supporter. Calpurnius Piso was Caesar’s father-in-law. Both had been named to the government of important provinces; and, if authority was not to be brought into contempt, they deserved at least a show of outward respect. Cicero lived to desire their friendship, to affect a value for them, and to regret his violence; but they had consented to his exile; and careless of decency, and oblivious of the chances of the future, he used his opportunity to burst out upon them in language in which the foulest ruffian in the streets would have scarcely spoken of the first magistrates of the Republic. Piso and Gabinius, he said, were thieves, not consuls. They had been friends of Catiline, and had been enemies to himself, because he had baffled the conspiracy. Piso could not pardon the death of Cethegus. Gabinius regretted in Catiline himself the loss of his lover. [7] Gabinius, he said, had been licentious in his youth; he had ruined his fortune; he had supplied his extravagance by pimping; and had escaped his creditors only by becoming tribune. “Behold him,” Cicero said, “as he appeared when consul at a meeting called by the arch-thief Clodius, full of wine, and sleep, and fornication, his hair moist, his eyes heavy, his cheeks flaccid, and declaring, with a voice thick with drink, that he disapproved of putting citizens to death without trial.” [8] As to Piso, his best recommendation was a cunning gravity of demeanor, concealing mere vacuity. Piso knew nothing—neither law, nor rhetoric, nor war, nor his fellow-men. “His face was the face of some half-human brute.” “He was like a negro, a thing [negotium] without sense or savor, a Cappadocian picked out of a drove in the slave-market.” [9]

Cicero was not taking the best means to regain his influence in the Senate by stooping to vulgar brutality. He cannot be excused by the manners of the age; his violence was the violence of a fluent orator whose temper ran away with him, and who never resisted the temptation to insult an opponent. It did not answer with him; he thought he was to be chief of the Senate, and the most honored person in the State again; he found that he had been allowed to return only to be surrounded by mosquitoes whose delight was to sting him, while the Senate listened with indifference or secret amusement. He had been promised the restoration of his property; but he had a suit to prosecute before he could get it. Clodius had thought to make sure of his Roman palace by dedicating it to “Liberty.” Cicero challenged the consecration. It was referred to the College of Priests, and the College returned a judgment in Cicero’s favor. The Senate voted for the restoration. They voted sums for the rebuilding both of the palace on the Palatine Hill and of the other villas, at the public expense. But the grant in Cicero’s opinion was a stingy one. He saw too painfully that those “who had clipped his wings did not mean them to grow again.” [10] Milo and his gladiators were not sufficient support, and if he meant to recover his old power he found that he must look for stronger allies. Pompey had not used him well; Pompey had promised to defend him from Clodius, and Pompey had left him to his fate. But by going with Pompey he could at least gall the Senate. An opportunity offered, and he caught at it. There was a corn famine in Rome. Clodius had promised the people cheap bread, but there was no bread to be had. The hungry mob howled about the senate-house, threatening fire and massacre. The great capitalists and contractors were believed to be at their old work. There was a cry, as in the “pirate” days, for some strong man to see to them and their misdoings. Pompey was needed again. He had been too much forgotten, and with Cicero’s help a decree was carried which gave Pompey control over the whole corn trade of the Empire for five years.

This was something, and Pompey was gratified; but without an army Pompey could do little against the roughs in the streets, and Cicero’s house became the next battle-ground. The Senate had voted it to its owner again, and the masons and carpenters were set to work; but the sovereign people had not been consulted. Clodius was now but a private citizen; but private citizens might resist sacrilege if the magistrates forgot their duty. He marched to the Palatine with his gang. He drove out the workmen, broke down the walls, and wrecked the adjoining house, which belonged to Cicero’s brother Quintus. The next day he set on Cicero himself in the Via Sacra, and nearly murdered him, and he afterward tried to burn the house of Milo. Consuls and tribunes did not interfere. They were, perhaps, frightened. The Senate professed regret, and it was proposed to prosecute Clodius; but his friends were too strong, and it could not be done. Could Cicero have wrung his neck, as he had wrung the necks of Lentulus and Cethegus, Rome and he would have had a good deliverance. Failing this, he might wisely have waited for the law, which in time must have helped him. But he let himself down to Clodius’s level. He railed at him in the Curia as he had railed at Gabinius and Piso. He ran over his history; he taunted him with incest with his sister, and with filthy relations with vulgar millionaires. He accused him of having sold himself to Catiline, of having forged wills, murdered the heirs of estates and stolen their property, of having murdered officers of the treasury and seized the public money, of having outraged gods and men, decency, equity, and law; of having suffered every abomination and committed every crime of which human nature was capable. So Cicero spoke in Clodius’s own hearing and in the hearing of his friends. It never occurred to him that if half these crimes could be proved, a commonwealth in which such a monster could rise to consequence was not a commonwealth at all, but a frightful mockery which he and every honest man were called on to abhor. Instead of scolding and flinging impotent filth, he should have withdrawn out of public life when he could only remain in it among such companions, or should have attached himself with all his soul to those who had will and power to mend it.

Clodius was at this moment the popular candidate for the aedileship, the second step on the road to the consulship. He was the favorite of the mob. He was supported by his brother Appius Claudius, the praetor, and the clientèle of the great Claudian family; and Cicero’s denunciations of him had not affected in the least his chances of success. If Clodius was to be defeated, other means were needed than a statement in the Senate that the aspirant to public honors was a wretch unfit to live. The election was fixed for the 18th of November, and was to be held in the Campus Martius. Milo and his gladiators took possession of the polling- place in the night, and the votes could not be taken. The Assembly met the next day in the Forum, but was broken up by violence, and Clodius had still to wait. The political witch-dance was at its height and Cicero was in his glory. “The elections,” he wrote to Atticus, “will not, I think, be held; and Clodius will be prosecuted by Milo unless he is first killed. Milo will kill him if he falls in with him. He is not afraid to do it, and he says openly that he will do it. He is not frightened at the misfortune which fell on me. He is not the man to listen to traitorous friends or to trust indolent patricians.” [11]

With recovered spirits the Senate began again to attack the laws of Caesar and Clodius as irregular; but they were met with the difficulty which Clodius had provided. Cato had come back from Cyprus, delighted with his exploit and with himself, and bringing a ship-load of money with him for the public treasury. If the laws were invalidated by the disregard of Bibulus and the signs of the sky, then the Cyprus mission had been invalid also, and Cato’s fine performance void. Caesar’s grand victories, the news of which was now coming in, made it inopportune to press the matter farther; and just then another subject rose, on which the optimates ran off like hounds upon a fresh scent.

Ptolemy of Cyprus had been disposed of. Ptolemy Auletes had been preserved on the throne of Egypt by subsidies to the chiefs of the Senate. But his subjects had been hardly taxed to raise the money. The Cyprus affair had further exasperated them, and when Ptolemy laid on fresh impositions the Alexandrians mutinied and drove him out. His misfortunes being due to his friends at Rome, he came thither to beg the Romans to replace him. The Senate agreed unanimously that he must be restored to his throne. But then the question rose, who should be the happy person who was to be the instrument of his reinstatement? Alexandria was rich. An enormous fine could be exacted for the rebellion, besides what might be demanded from Ptolemy’s gratitude. No prize so splendid had yet been offered to Roman avarice, and the patricians quarrelled over it like jackals over a bone. Lentulus Spinther, the late consul, was now Governor of Cilicia; Gabinius was Governor of Syria; and each of these had their advocates. Cicero and the respectable conservatives were for Spinther; Pompey was for Gabinius. Others wished Pompey himself to go; others wished for Crassus.

[B.C. 56.] Meanwhile, the poor Egyptians themselves claimed a right to be heard in protest against the reimposition upon them of a sovereign who had made himself abhorred. Why was Ptolemy to be forced on them? A hundred of the principal Alexandrians came to Italy with a remonstrance; and had they brought money with them they might have had a respectful hearing. But they had brought none or not enough, and Ptolemy, secure of his patrons’ support, hired a party of banditti, who set on the deputation when it landed, and killed the greater part of its members. Dion, the leader of the embassy, escaped for a time. There was still a small party among the aristocracy (Cato and Cato’s followers) who had a conscience in such things; and Favonius, one of them, took up Dion’s cause. Envoys and allied sovereigns or provinces, he said, were continually being murdered. Noble lords received hush-money, and there had been no inquiry. Such things happened too often, and ought to be stopped. The Senate voted decently to send for Dion and examine him. But Favonius was privately laughed at as “Cato’s ape;” the unfortunate Dion was made away with, and Pompey took Ptolemy into his own house and openly entertained him there. Pompey would himself perhaps have undertaken the restoration, but the Senate was jealous. His own future was growing uncertain; and eventually, without asking for a consent which the Senate would have refused to give, he sent his guest to Syria with a charge to his friend Gabinius to take him back on his own responsibility. [12]