Milo 32, in his absence; they were, however, repulsed with arrows from them both. Thereupon they carried off the fasces from the couch of Libitina, and took them to the house of Scipio and Hypsæus first, and then to the gardens of Cn. Pompeius, shouting out his name as they went along, sometimes as consul, sometimes as dictator.

4 The burning of the Senate-house excited public indignation still more strongly than the fate of Clodius. Reassured by the odium thus cast upon his adversaries, Milo, who, though generally thought to have gone into voluntary exile, had returned to Rome the very night on which the Senate-house was set on fire, was now proceeding with his canvass as actively as ever33, openly distributing amongst the tribes 1000 ases (more than £2. of English money) to each voter 34. A few days afterwards the tribune Cælius 35 gave Milo an opportunity of addressing the people, and spoke himself in vindication of his conduct, both of them asserting that Milo was waylaid by Clodius 36.

...fregerunt, itemque telas quæ ex vetere more in atrio texebantur diruerunt; postque supervenit Milonis manus et ipsa postulans comitia; cujus adventus fuit saluti Lepido; in se enim conversæ sunt factiones inimica.' Asconius, Notes on chap. v. § 13.

32 ὥστε προσέτι καὶ τὴν οἰκίαν τὴν τοῦ Μίλωνος καταφλέξαι ἐπίχειρῆσαι· ἐκείνη μενοῦν, πολλῶν αὐτῇ ἀμυνομένων, οὐκ ἐκαύθη. Dion Cass. XL. 49.

33 According to Dion Cassius, Milo had at first concealed himself, but was afterwards emboldened to proceed with his canvass: ὁ δὲ δὴ Μίλων, τέως μὲν περίφοβος ἐπὶ τῷ φόνῳ ὤν, ἐκρύπτετο, οὐχ ὑπὸ ἰδιωτῶν μόνον ἀλλὰ καὶ ἱππέων βουλευτῶν τε τινῶν φρουρούμενον· ἐπεὶ δε τοῦτό τε (the burning of the Senate-house) ἐγένετο καὶ τὴν ὀργὴν τῆς γερουσίας ἐς τὸ τῶν ἀντιστασιωτῶν μίασμα περισ

χωρήσειν ἤλπισε...προήει τε ἐς μέσ σον, καὶ τῆς ἀρχῆς ὁμοίως ἢ καὶ μᾶλλον ἀντεποίειτο. (XL. 49).

34 θεραπόντων οὖν καὶ ἀνδρῶν ἀγροίκων πλῆθος ἀθροίσας καὶ ἐς τὸν δῆμον περιπέμψας χρήματα...ἐς τὴν πόλιν κατήει θρασύτατα. Appian.

35 See speech, § 91. Appian says that Cælius had himself been bribed by Milo: τῶν δημάρχων Μάρκον Καίλιον πριάμενος.

36 Comp. App. II. 22: καὶ αὐτὸν (Milo) ὁ Καίλιος εὐθὺς ἐσιόντα εἷλκεν ἐς τὴν ἀγορὰν ἐπὶ τοὺς παρ ̓ αὐτοῦ δεδωροδοκηκότας, ὥσπερ ἐπ ̓ ἐκκλησ σίαν, ὑποκρινόμενος μὲν ἀγανακτεῖν καὶ οὐ διδόναι τῆς δίκης ἀναβολὴν, ἐλπίζων δὲ, εἰ αὐτὸν οἱ πάροντες μεθεῖεν, ἐκλύσειν τὴν δίκην τὴν ἀληθεστέραν. Καὶ Μίλων μὲν οὐ βουλεῦ σαι τὸ ἔργον εἰπὼν (οὐ γὰρ ἂν μετὰ σκευῆς καὶ γυναικὸς ἐπὶ ταῦτα ὁρμῆς σαι) τὸν λοιπὸν λόγον κατὰ τοῦ

5

Meanwhile fresh Interreges were succeeding one another, all of whom were unable to proceed to the election of consuls, on account of the disturbances excited by the candidates and the bodies of armed men that were still kept on foot. The Senate therefore passed a resolution that the Interrex for the time being and the tribunes of the plebs, together with Pompeius, then acting as proconsul near the city 37, should take such steps as might be necessary for the safety of the commonwealth 38; it was further ordered that Pompeius should be empowered to raise new levies throughout the whole of Italy 39. He in a very short time collected a sufficient force for the protection of the city. Soon afterwards, two youths, both of them named Appius Claudius, the sons of Caius Claudius brother of Publius 1o, being desirous that their uncle's death should be investigated, and acting as it were in their father's name, applied to Pompeius for a summons requiring the proΚλωδίου διετίθετο, ὡς θρασυτάτου δὴ καὶ φίλου θρασυτάτων, οἱ καὶ τὸ βουλευτήριον ἐπικατέπρησαν αὐτῷ. Ἔτι δ ̓ αὐτοῦ λέγοντος, οἵ τε λοιποὶ δήμαρχοι καὶ τοῦ δήμου τὸ ἀδιάφθο ρον ἐνέβαλλον ἐς τὴν ἀγοράν. Καί λιος μὲν δὴ καὶ Μίλων δούλων ἐσθῆς τας ὑποδύντες ἀπέδρασαν πολὺς δὲ τῶν ἄλλων ἐγίγνετο φόνος, οὐ τοὺς Μίλωνος ἔτι φίλους ἐρευνώντων, ἀλλὰ τὸν ἐντυχόντα ἀναιρούντων ἀστὸν ὁμοῦ καὶ ξένον, καὶ μάλιστα ὅσοι ταῖς ἐσθῆσιν ἢ σφραγῖσιν ἀπὸ χρυσοῦ διέφερον... ἔργον τε οὐδὲν αὐτ τοῖς ἀπῆν, ἀλλὰ καὶ ἐπ ̓ οἰκίας ἐφέροντο, καὶ περιϊόντες ἠρεύνων, ἔργῳ μὲν τὰ εὐληπτὰ σφίσιν ἅπαντα, λόγῳ δὲ τοὺς φίλους τοῦ Μίλωνος πρόφα σίς τε ἦν αὐτοῖς ἐπὶ πολλὰς ἡμέρας καὶ πυρὸς καὶ λίθων καὶ παντὸς ἔργου Μίλων.

37 A Proconsul could not exercise his military power (imperium) within the boundaries of the city. No comitia were required for his appointment, but he was nominated by a de

cree of the Senate and people. See Livy ix. 42 ; Χ. 22.

38 ut viderent ne quid detrimenti res publica caperet. This was equivalent to proclaiming martial law, and investing them with dictatorial authority. See speech, § 70, and comp. Dionys. Hal. v. 73.

39 Comp. Dion Cass. XL. 49: μάτ χαι τε οὖν ἐκ τούτου πολλαὶ καὶ σφαγαὶ αὖθις ἐγίγνοντο· ὥστε τὴν βουλὴν τὸν Πομπήϊον μεταπέμψασθαι, καταλόγους τε αὐτῷ καινοὺς ποιήσασθαι ἐπιτρέψαι, καὶ τὰ ἐσθήματα ἀλλάξασθαι. ̓Ελθόντος τε αὐτοῦ οὐ πολλῷ ὕστερον, ἔξω τε τοῦ Πωμηρίου πρὸς τῷ θεάτρῳ αὐτῷ σὺν φρουρᾷ ἤθροισαν, καὶ τὰ τοῦ Κλωδίου ὀστᾶ ἀνελέσθαι ἔγνωσαν τό τε βουλευτήριον τῷ Φαύστῳ τῷ τοῦ Σύλλου υἱῷ ἀνοικοδομῆσαι προσέταξαν.

40 Caius Clodius was older than Publius; for the latter is called minimus frater in the speech pro Cælio, c. 15. He appears to have been dead at the time of Milo's trial.

duction of the households of Milo and his wife Fausta, for examination by torture. The same two establishments of slaves were called for by two of the Valerii, named Nepos and Leo, and also by L. Herennius Balbus. The households of Clodius and his two companions were at the same time demanded by Cælius; and those of Hypsæus and Q. Pompeius by [his colleague Canianus ?]

The counsel for Milo were Q. Hortensius, M. Cicero, M. Marcellus, M. Calidius, M. Cato11, and Faustus Sulla. Hortensius made a brief reply, in which he stated that the persons demanded to be given up as slaves were free, Milo having given them their liberty after the late bloodshed, on the ground that they had fought in his defence and saved his life.

6

These proceedings took place in the intercalary month 42. About thirty days after Clodius was killed, Q. Metellus Scipio made a complaint against M. Cæpio in the Senate, denying the truth of the assertion that Milo was obliged to act as he did towards Clodius in self-defence. His account of the matter was, that Clodius went from Rome with six and twenty slaves for the purpose of having an interview with the councillors of Aricia; that about nine o'clock in the morning, as soon as the Senate rose, Milo set out with the determination of meeting Clodius on his return, accompanied by more than three hundred armed slaves, and made an unexpected attack on him above Boville; that Clodius, having received three wounds, was carried to Bovillæ; that the tavern in which he took refuge was broken

41 Comp. Vell. Paterc. II. 47: 'Milonem M. Cato palam lata absolvit sententia; quam si maturius tulisset, non defuissent qui sequerentur exemplum, probarentque eum civem occisum quo nemo perniciosior reipublicæ neque bonis inimicior vixerat.'

42 A short month, called Mercedonius, or more generally, mensis intercalaris, consisting of 22 or 23 days,

was intercalated at this time in alternate years between the 23rd and 24th of February (or, as the Romans would express it, between a.d. vII. Kal. Mart. and a. d. vi. Kal. Mart.), the latter being the first day of the intercalary month, and generally thus expressed: a. d. vi. Kal. Mart. mense intercalario. Comp. Notes on speech, § 98.

into by Milo, and Clodius dragged out more dead than alive, and killed on the Appian Road, his ring being taken from his finger, when dying; that afterwards Milo, who knew that a son of Clodius, quite a child, had lately come to his Alban villa, on finding that the boy had been taken away before he could get at him, put a slave named Alicor to such excruciating tortures, that he was literally hacked to pieces: he then cut the throats of the bailiff and two others. Of the slaves of Clodius who defended their master, eleven had been killed, while only two of Milo's had been wounded; that consequently Milo had next day emancipated twelve of them who had been most of service to him, and distributed 1000 ases a man among the tribes, to counteract reports that had been spread about himself. It was also said that Milo sent a message to Pompeius, who was a strong supporter of Hypsæus his former quæstor, expressing his willingness (if Pompeius wished it) to retire from the contest for the consulate. The reply was, that Pompeius could not give advice to any body on the subject either of commencing or desisting from a canvass, nor had he any wish to interfere with the powers, deliberations, or decisions of the Roman people. He was even said to have sent a communication afterwards through C. Lucilius, one of Milo's friends on account of Cicero's intimacy with Lucilius, requesting Milo not to bring him into difficulty by again consulting him upon this subject.

7 A rumour was now daily gathering strength that Pompeius was to be dictator, and that the disorders in the state could not be properly repressed by any other means. The nobles thought it best, however, to appoint him sole consul; and accordingly, after some debate upon the subject in the Senate, he was created consul on the twentyfifth of February (intercalary month 43), by the Interrex Servius Sulpicius, according to a decree of the Senate

43 See note above.

moved by M. Bibulus 44. He immediately entered on his office, and three days afterwards proposed the enactment of some new laws, two of which he published on the authority of a decree of the Senate; one against breaches of the public peace (de vi), amongst which he expressly included the case of bloodshed on the Appian Road, the burning of the Senate-house, and the attack on the house of the Interrex M. Lepidus; the other against corrupt practices at elections (de ambitu). The penalty for these offences was made more severe, and the forms of proceeding abridged; for both the laws enacted that the examination of witnesses should not last longer than three days, and that then both the accuser and the accused should close their pleadings on the same day, two hours being allowed to the accuser, and three to the accused 45. The tribune Cælius attempted, on the part of Milo, to oppose these measures on the ground that they were aimed at Milo personally 46, and that the trials were being unduly hastened. His persevering attacks upon them made Pom

44 Comp. Dion Cass. XL. 50: ol τε ἄλλοι βουλευταὶ καὶ Βίβουλος, ὅσπέρ που τὴν γνώμην πρῶτος έρωτηθεὶς ποιήσεσθαι ἔμελλε, προκατ έλαβον τὴν τοῦ πλήθους ὁρμὴν, τῷ Πομπηΐῳ τὴν ὑπατείαν, ὥστε μὴ δικα τάτωρα αὐτὸν λεχθῆναι, καὶ μόνῳ γε, ἵνα μὴ ὁ Καῖσαρ αὐτῷ συνάρξη, dóvTes. Appian says that the Senate acted on the advice of Cato in appointing Pompeius sole consul (11. 23). This difference may however be reconciled by the statement of Plutarch, that the motion of Bibulus was strongly seconded by Cato. (Pompeius, c. 54.)

45 Tacitus affirms that this law was one of the causes that contributed to the decline of Roman eloquence: 'transeo ad formam et consuetudinem veterum judiciorum; quæ etsi nunc aptior est veritati, eloquentiam tamen

illud forum magis exercebat, in quo nemo intra paucissimas horas perorare cogebatur, et liberæ comperendinationes erant, et modum dicendi sibi quisque sumebat, et numerus neque dierum neque patronorum finiebatur. Primus hæc tertio consulatu Gnæus Pompeius astrinxit, imposuitque veluti frenos eloquentiæ.' De Orat. c. 38.

46 privilegium in Milonem ferri. A law specially framed to meet the case of a particular individual was called Privilegium, and was forbidden by the Laws of the Twelve Tables. Comp.pro Domo, c. 16: 'quo exemplo legem nominatim de capite civis indemnati tulisti? Vetant leges sacratæ, vetant XII. Tabulæ leges privis hominibus irrogari; id est enim privilegium.' See also de Legg. III. 4.