from the country, picked it up, and ordered it to be conveyed to Rome in his own palanquin, while he himself returned to the place from which he had come. The body of Clodius arrived at Rome before half-past six in the evening, and after it had been placed in the hall of his house, was surrounded by crowds of slaves and the lowest rabble, who loudly expressed their sorrow for his fate. His wife Fulvia 23 also inflamed the bad passions excited on the occasion by profuse demonstrations of grief, while displaying his wounds to the populace. At daybreak on the following day a still larger crowd of people of the same class poured in, and several persons of distinction were crushed to death, amongst others a senator named C. Vibienus 24. I may mention that the house of Clodius was on the Palatine Hill, and had been purchased by him from M. Scaurus a few months before. Two tribunes of the plebs, Munatius Plancus, brother of the orator L. Plancus 25, and Q. Pompeius Rufus 2, Sulla's grandson by his daughter, hastened thither; at their instigation the mob conveyed the body to the Forum, and exposed it on the Rostra, naked and bedabbled with mud, just as it had lain upon the bed, that the wounds might be seen. A meeting took place, at which Plancus and Pompeius, who took the part of Scipio and Hypsaeus, heaped odium on Milo. The people, headed by a clerk 28 named Sextus Clodius, then carried the corpse into the Senate-house 29, and burnt it with benches,

(chap. 10) leaves the impression that he could not venture to be more particular without injury to his cause.

23 The same unamiable lady who afterwards, as the wife of M. Antonius the triumvir, is said to have pierced the tongue of Cicero with a needle, when his head was exposed to public view.

24 See chap. 14. § 37.

25 L. Munatius Plancus took an active part in the civil war on the side of Caesar; he was one of Cicero's correspondents (see ad Fam. X. I— 24); and Horace addressed to him the ode (1.7) commencing 'Laudabunt alii, &c.' Nothing is known of him as an orator.

26 Q. Pompeius Rufus, son of Cornelia, the daughter of Sulla, was afterwards impeached de vi by Caelius, and condemned.

27 lutatum. The reading here is urcertain. Orelli marks caldatum as corrupt, and proposes calcatum === oblitum cruore et luto in the speech, § 86. Lutatum has been adopted by Frotscher and Halm.

28 scriba. He was probably descended from a freedman of the Claudian house. Clodius had employed him when tribune in drawing up the laws which he proposed. Comp. speech, § 33. He was afterwards brought to trial and condemned.

29 Comp. App. B. C. 11. 21: ȧρжáσαντες δ' αὐτὸ τὸ σῶμα τῶν τε δημάρχων ἔνιοι καὶ οἱ φίλοι τοῦ Κλω δίου καὶ πλῆθος ἄλλο σὺν ἐκείνοις ἐς τὸ βουλευτήριον ἐκόμισαν, εἴτε ἐπὶ τιμῇ, βουλευτικοῦ γένους ὄντα, εἴτε εἰς ὄνειδος τῆς βουλῆς τοιάδε περιοpwons. See notes on chap. 33. § 90.

tables, desks, and manuscripts from the booksellers' stalls; by which means the Senate-house itself was set on fire, together with the Porcian Basilica 30 next door to it. The same mob proceeded to attack the house of the Interrex M. Lepidus 31 (who had been appointed a superior magistrate), and also that of Milo 32, in his absence; from the latter, however, they were repulsed with arrows. Thereupon they carried off the fasces from the couch of Libitina, and took them to the house of Scipio and Hypsaeus 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 ever 33, openly distributing 1000 ases (more than £2 of English money) apiece to the voters of each tribe. A few days afterwards the tribune Caelius 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.

30 So called from the censor M. Porcius Cato. Liv. XXXIX. 44.

31 M. Aemilius Lepidus, who afterwards became a triumvir. He had refused to hold the comitia for the election of consuls, on the ground that it was not usual for the first Interrex to do so; which gave offence to the Clodian mob. Domum eius per omnes interregni dies...obsederunt. Deinde, omni vi ianua expugnata, et imagines maiorum deiecerunt, et lectulum adversum uxoris eius Corneliae...fregerunt, itemque telas quae ex vetere more in atrio texebantur diruerunt; postque supervenit Milonis manus et ipsa postulans comitia; cuius adventus fuit saluti Lepido; in se enim conversae sunt factiones inimicae.' Asconius, notes on chap. V. § 13.

32 ὥστε προσέτι καὶ τὴν οἰκίαν τὴν τοῦ Μίλωνος καταφλέξαι ἐπιχειρῆσαι· ἐκείνη μενοῦν, πολλῶν αὐτῇ ἀμυνομέ νων, 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: ò dè dǹ Miλων, τέως μὲν περίφοβος ἐπὶ τῷ φόνῳ ὤν, ἐκρύπτετο, οὐχ ὑπὸ ἰδιωτῶν μόνον ἀλλὰ καὶ ἱππέων βουλευτών τε τινών φρουρούμενον· ἐπεὶ δὲ τοῦτό τε (the burning of the Senate-house) ÉYÉVETO καὶ τὴν ὀργὴν τῆς γερουσίας ἐς τὸ τῶν ἀντιστασιωτῶν μίασμα περιχωρήσειν ἤλπισε...προήει τε ἐς μέσον, καὶ τῆς ἀρχῆς ὁμοίως ἢ καὶ μᾶλλον ἀντεποίELTO. (XL. 49.)

34 tributim. Such largesses were usually distributed among the tribes by officers called curatores tribuum. Halm.

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

36 Comp. App. II. 22: Kal aυTOV (Milo) ὁ Καίλιος εὐθὺς ἐσιόντα είλκεν ἐς τὴν ἀγορὰν ἐπὶ τοὺς παρ' αὐτοῦ

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, who as proconsul was outside the city”, 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. 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 40, being desirous that their uncle's death should be investigated, and acting as if it were their father's wish, applied to Pompeius for a summons requiring the production 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

δεδωροδοκηκότας, ὥσπερ ἐπ ̓ ἐκκλησίαν, ὑποκρινόμενος μὲν ἀγανακτεῖν καὶ οὐ διδόναι τῆς δίκης ἀναβολὴν, ἐλπίζων δὲ, εἰ αὐτὸν οἱ πάροντες μετ θεῖεν, ἐκλύσειν τὴν δίκην τὴν ἀληθεστέραν. Καὶ Μίλων μὲν οὐ βουλεῦ σαι τὸ ἔργον εἰπὼν (οὐ γὰρ ἂν μετὰ σκευῆς καὶ γυναικὸς ἐπὶ ταῦτα ὁρμῆ σαι) τὸν λοιπὸν λόγον κατὰ τοῦ Κλω δίου 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 ἀδιάφθορον ἐνέβαλ λον ἐς τὴν ἀγοράν. Καίλιος μὲν δὴ καὶ Μίλων δούλων ἐσθῆτας ὑποδύντες ἀπέδρασαν πολὺς δὲ τῶν ἄλλων ἐγί γνετο φόνος, οὐ τοὺς Μίλωνος ἔτι φίλους ἐρευνώντων, ἀλλὰ τὸν ἐντυχόντα ἀναιρούντων ἀστὸν ὁμοῦ καὶ ξένον, καὶ μάλιστα ὅσοι ταῖς ἐσθῆσιν ἢ σφραγί σιν ἀπὸ χρυσοῦ διέφερον...ἔργον τε οὐδὲν αὐτοῖς 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 decree of the Senate and people. Pompeius was proconsul of Spain.

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: μáχαι 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. Ἐλθόντος τε. αὐτοῦ οὐ πολλῷ ὕστερον, ἔξω τε τοῦ Πωμηρίου πρὸς τῷ θεάτρῳ αὐτῷ σὺν φρουρά ἤθροισαν, καὶ τὰ τοῦ Κλωδίου ὀστᾶ ἀνελέσθαι ἔγνωσαν τό τε βουλευτή ριον 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 Caelio, c. 15.

by L. Herennius Balbus. The households of Clodius and his two companions were at the same time demanded by Caelius; and those of Hypsaeus and Q. Pompeius by [his colleague Cumanus ?].

The counsel for Milo were Q. Hortensius, M. Cicero, M. Marcellus, M. Calidius, M. Cato", 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 immediately afterwards, on the ground that they had fought in his defence and saved his life.

6 These proceedings took place in the intercalary month “2. About thirty days after Clodius was killed, Q. Metellus Scipio made a complaint against M. Caepio 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 Bovillae; that Clodius, having received three wounds, was carried to Bovillae; that the tavern in which he took refuge was broken 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 Clodius had a young son on his Alban estate, came to the villa, and 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

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 reipublicae neque bonis inimicior vixerat.'

42 A short month, called Merce

donius, or more generally, mensis intercalaris, consisting of 22 or 23 days, was intercalated at this time in alternate years after the 23rd of February; the five remaining days of February were then added to this month, which thus consisted of 27 or 28 days. Comp. notes on speech, § 98.

reports that had been spread about himself. It was also said that Milo sent a message to Pompeius, who was a strong supporter of Hypsaeus 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 anybody 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 consulting him upon this subject.

The

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. 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 twenty-fifth of February (intercalary month 43), by the Interrex Servius Sulpicius, according to a decree of the Senate moved by M. Bibulus 4. 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 proceedings abridged; for both the laws enacted that three days should be allowed for the previous examination of the witnesses 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. The tribune Caelius attempted, on the part of

43 See note above.

44 Comp. Dion Cass. XL. 50: o Te ἄλλοι βουλευταὶ καὶ Βίβουλος, ὅσπερ που τὴν γνώμην πρῶτος ἐρωτηθεὶς ποιήσεσθαι ἔμελλε, προκατέλαβον τὴν τοῦ πλήθους ὁρμὴν, τῷ Πομπηΐῳ τὴν ὑπατείαν, ὥστε μὴ δικτάτωρα αὐτὸν λεχθῆναι, καὶ μόνῳ γε, ἵνα μὴ ὁ Καλσαρ αὐτῷ συνάρξῃ, δόντες. 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 contri