men began to look to military rule, and to think a
good cause none the worse for being backed by “strong
battalions”. Things were fast tending to
the point where Pompey and Caesar, trusty allies as
yet in profession and appearance, deadly rivals at
heart, hoped to step in with their veteran legions.
Even Cicero, the man of peace and constitutional statesman,
felt comfort in the thought that this final argument
could be resorted to by his own party. But Clodius’s
mob-government, at any rate, was to be put an end to
somewhat suddenly. Milo, now one of the candidates
for the consulship, a man of determined and unscrupulous
character, had turned his own weapons against him,
and maintained an opposition patrol of hired gladiators
and wild-beast fighters. The Senate quite approved,
if they did not openly sanction, this irregular championship
of their order. The two parties walked the streets
of Rome like the Capulets and Montagues at Verona;
and it was said that Milo had been heard to swear
that he would rid the city of Clodius if he ever got
the chance. It came at last, in a casual meeting
on the Appian road, near Bovillae. A scuffle began
between their retainers, and Clodius was killed—his
friends said, murdered. The excitement at Rome
was intense: the dead body was carried and laid
publicly on the Rostra. Riots ensued; Milo was
obliged to fly, and renounce his hopes of power; and
the Senate, intimidated, named Pompey—not
indeed “Dictator”, for the name had become
almost as hateful as that of King—but sole
consul, for the safety of the state.
Cicero had resumed his practice as an advocate, and
was now called upon to defend Milo. But Pompey,
either from some private grudge, or in order to win
favour with the populace, determined that Milo should
be convicted. The jury were overawed by his presence
in person at the trial, and by the occupation by armed
soldiers of all the avenues of the court under colour
of keeping order. It was really as great an outrage
upon the free administration of justice as the presence
of a regiment of soldiers at the entrance to Westminster
Hall would be at a modern trial for high treason or
sedition. Cicero affected to see in Pompey’s
legionaries nothing more than the maintainers of the
peace of the city. But he knew better; and the
fine passage in the opening of his speech for the defence,
as it has come down to us, is at once a magnificent
piece of irony, and a vindication of the rights of
counsel.
“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,