"Although I am conscious, gentlemen, that it is a disgrace to me to show fear when I stand here to plead in behalf of one of the bravest of men;—and especially does such weakness ill become me, that when Milo himself is far more anxious about the safety of the state than about his own, I should be unable to bring to his defence the like magnanimous spirit;—yet this strange scene and strangely constituted court does terrify my eyes, for, turn them where I will, I look in vain for the ancient customs of the Forum, and the old style of public trials. For your tribunal to-day is girt with no such audience as was wont; this is no ordinary crowd that hems us in. Yon guards whom you see on duty in front of all the temples, though set to prevent violence, yet still do a sort of violence to the pleader; since in the Forum and the count of justice, though the military force which surrounds us be wholesome and needful, yet we cannot even be thus freed from apprehension without looking with some apprehension on the means. And if I thought they were set there in hostile array against Milo, I would yield to circumstances, gentlemen, and feel there was no room for the pleader amidst such a display of weapons. But I am encouraged by the advice of a man of great wisdom and justice—of Pompey, who surely would not think it compatible with that justice, after committing a prisoner to the verdict of a jury, then to hand him over to the swords of his soldiers; nor consonant with his wisdom to arm the violent passions of a mob with the authority of the state. Therefore those weapons, those officers and men, proclaim to us not peril but protection; they encourage us to be not only undisturbed but confident; they promise me not only support in pleading for the defence, but silence for it to be listened to. As to the rest of the audience, so far as it is composed of peaceful citizens, all, I know, are on our side; nor is there any single man among all those crowds whom you see occupying every point from which a glimpse of this court can be gained, looking on in anxious expectation of the result of this trial, who, while he approves the boldness of the defendant, does not also feel that the fate of himself, his children, and his country, hangs upon the issue of to-day".
After an elaborate argument to prove that the slaying of Clodius by Milo was in self-defence, or, at the worst, that it was a fate which he well deserved as a public enemy, he closes his speech with a peroration, the pathos of which has always been admired:
"I would it had been the will of heaven—if I may say so with all reverence for my country, for I fear lest my duty to my client may make me say what is disloyal towards her—I would that Publius Clodius were not only alive, but that he were praetor, consul, dictator even, before my eyes had seen this sight! But what says Milo? He speaks like a brave man, and a man whom it is your duty to protect—'Not so—by no means', says he. 'Clodius has met the doom he well deserved: I am ready, if it must be so, to meet that which I do not deserve'. … But I must stop; I can no longer speak for tears; and tears are an argument which he would scorn for his defence. I entreat you, I adjure you, ye who sit here in judgment, that in your verdict you dare to give utterance to what I know you feel".
But the appeal was in vain, or rather, as far as we can ascertain, was never made,—at least in such powerful terms as those in which we read it. The great advocate was wholly unmanned by the scene before him, grew nervous, and broke down utterly in his speech for the defence. This presence of a military force under the orders of Pompey—the man in whom he saw, as he hoped, the good genius of Rome—overawed and disturbed him. The speech which we read is almost certainly not that which he delivered, but, as in the previous case of Verres, the finished and elaborate composition of his calmer hours. Milo was convicted by a large majority; in fact, there can be little doubt but that he was legally guilty, however political expediency might, in the eyes of Cicero and his party, have justified his deed. Cato sat on the jury, and did all he could to insure an acquittal, showing openly his voting-paper to his fellow jurors, with that scorn of the "liberty of silence" which he shared with Cicero.
Milo escaped any worse penalty by at once going into voluntary banishment at Marseilles. But he showed more practical philosophy than his advocate; for when he read the speech in his exile, he is said to have declared that "it was fortunate for him it was not spoken, or he should never have known the flavour of the red mullet of Marseilles".
The removal of Clodius was a deliverance upon which Cicero never ceased to congratulate himself. That "battle of Bovillae", as he terms it, became an era in his mental records of only less significance than his consulship. His own public life continued to be honourable and successful. He was elected into the College of Augurs, an honour which he had long coveted; and he was appointed to the government of Cilicia. This latter was a greatness literally "thrust upon him", and which he would gladly have declined, for it took him away in these eventful days from his beloved Rome; and to these grand opportunities for enriching himself he was, as has been said, honourably indifferent. The appointment to a distant province was, in fact, to a man like Cicero, little better than an honourable form of exile: it was like conferring on a man who had been, and might hope one day to be again, Prime Minister of England, the governor-generalship of Bombay.
One consolation he found on reaching his new government—that even in the farthest wilds of Cilicia there were people who had heard of "the consul who saved Rome". And again the astonished provincials marvelled at a governor who looked upon them as having rights of their own, and neither robbed nor ill-used them. He made a little war, too, upon some troublesome hill-tribes (intrusting the command chiefly to his brother Quintus, who had served with distinction under Caesar in Gaul), and gained a victory which his legions thought of sufficient importance to salute him with the honoured title of "imperator". Such military honours are especially flattering to men who, like Cicero, are naturally and essentially civilians; and to Cicero's vanity they were doubly delightful. Unluckily they led him to entertain hopes of the further glory of a triumph; and this, but for the revolution which followed, he might possibly have obtained. As it was, the only result was his parading about with him everywhere, from town to town, for months after his return, the lictors with laurelled fasces, which betokened that a triumph was claimed—a pompous incumbrance, which became, as he confessed, a grand subject for evil-disposed jesters, and a considerable inconvenience to himself.
CHAPTER V.
CICERO AND CAESAR.
The future master of Rome was now coming home, after nearly ten years' absence, at the head of the victorious legions with which he had struck terror into the Germans, overrun all Spain, left his mark upon Britain, and "pacified" Gaul. But Cicero, in common with most of the senatorial party, failed to see in Julius Caesar the great man that he was. He hesitated a little—Caesar would gladly have had his support, and made him fair offers; but when the Rubicon was crossed, he threw in his lot with Pompey. He was certainly influenced in part by personal attachment: Pompey seems to have exercised a degree of fascination over his weakness. He knew Pompey's indecision of character, and confessed that Caesar was "a prodigy of energy;" but though the former showed little liking for him, he clung to him nevertheless. He foreboded that, let the contest end which way it would, "the result would certainly be a despotism". He foresaw that Pompey's real designs were as dangerous to the liberties of Rome as any of which Caesar could be suspected. "Sullaturit animus", he says of him in one of his letters, coining a verb to put his idea strongly—"he wants to be like Sulla". And it was no more than the truth. He found out afterwards, as he tells Atticus, that proscription-lists of all Caesar's adherents had been prepared by Pompey and his partisans, and that his old friend's name figured as one of the victims. Only this makes it possible to forgive him for the little feeling that he showed when he heard of Pompey's own miserable end.