Such were the acts of Cæsar's consulship. He then B.C. 58 laid down his magistracy and proceeded directly to his new government. Clodius now brought an accusation against Cicero for putting Lentulus and Cethegus and their followers to death without trial.The question whether Cicero was justified under Roman law in putting the conspirators to death without a trial has been the subject of endless controversy. It is treated with great force and clearness by Mr. Strachan-Davidson in his (p. 151 seq.), who holds that he was so justified. Cicero, who had exhibited the highest courage in that transaction, became utterly unnerved at his trial. He put on coarse raiment and, defiled with squalor and dirt, supplicated those whom he met in the streets, not being ashamed to annoy people who knew nothing about the business, so that his doings excited laughter rather than pity by reason of his unseemly aspect. Into such trepidation did he fall at this single trial of his own, although he had been managing other people's causes successfully all his life. In like manner they say that Demosthenes the Athenian did not stand his ground when accused, but fled before the trial. When Clodius interrupted Cicero's supplications on the streets with contumely, he gave way to despair and, like Demosthenes, went into voluntary exile. A multitude of his friends went out of the city with him, and the Senate recommended him to the attention of cities, kings, and princes. Clodius demolished his house and his villas. Clodius was so much elated by this affair that he compared himself with Pompey, who was then the most powerful man in Rome.

Accordingly, Pompey held out to Milo, who was Clodius' colleague in office and a bolder spirit than himself, the hope of the consulship, and incited him against Clodius, and directed him to procure a vote for the recall of Cicero. He hoped that when Cicero should come back he would no longer speak against the existing status (the triumvirate), remembering what he had suffered, but would make trouble for Clodius and bring punishment upon him. Thus Cicero, who had been exiled by means of Pompey, Y.R. 697 was recalled by means of Pompey about sixteen months B.C. 57 after his banishment, and the Senate rebuilt his house and his villas at the public expense. He was received magnificently at the city gates. It is said that a whole day was consumed by the greetings extended to him, as was the case with Demosthenes when he returned. Y.R. 698

In the meantime Cæsar, who had performed the B.C. 56 many brilliant exploits in Gaul and Britain which have been described in my Celtic history, had returned with vast riches to Cisalpine Gaul on the river Po to give his army a short respite from continuous fighting. From this place he sent large sums of money to many persons in Rome, to those who were holding the yearly offices and to persons otherwise distinguished as governors and generals, and they went thither by turns to meet him.Plutarch ( 21) says that this conference took place at Lucca. He mentions the same number of lictors and of senators in attendance as those in the text. So many of them came that 120 lictors could be seen around him at one time, and more than 200 senators, some returning thanks for what they had already received, others asking for money or seeking some other advantage for themselves from the same quarter. All things were now possible to Cæsar by reason of his large army, his great riches, and his readiness to oblige everybody. Pompey and Crassus, his partners in the triumvirate, came also. In their conference it was decided that Pompey and Crassus should be elected consuls again and that Cæsar's governorship over his provinces should be extended for five years more. Thereupon they separated and Domitius Ahenobarbus offered himself as a candidate for the consulship against Pompey. When the appointed day came, both went down to the Campus Martius before daylight to attend the comitia. Their followers got into an altercation and came to blows, and finally somebody assaulted the torchbearer of Domitius with a sword. There was a scattering straightway, and Domitius escaped with difficulty to his own house. Even Pompey's clothing was carried home stained with blood, so great was the danger incurred by both candidates. Y.R. 699

Accordingly, Pompey and Crassus were chosen consuls B.C. 55 and Cæsar's governorship was extended for five years according to the agreement. The provinces were allotted with an army to each consul in the following manner: Pompey chose Spain and Africa, but sent friends to take charge of them, he himself remaining in Rome. Crassus took Syria and the adjacent country because he wanted a war with the Parthians, which he thought would be easy as well as glorious and gainful. But when he took his departure from the city there were many unfavorable omens, and the tribunes forbade the war against the Parthians, who had done no wrong to the Romans. As he would not obey, they invoked public imprecations on him, which Crassus disregarded; wherefore he perished in Parthia, together with his son of the same name, and his army, not quite 10,000 of whom, out of 100,000, escaped to Syria. The disaster to Crassus will be described in my Parthian history. As the Romans were suffering from scarcity, they appointed Pompey the sole manager of the grain supply and gave him, as in his operations against the pirates, twenty assistants from the Senate. These he distributed in like manner among the provinces while he superintended the whole, and thus Rome was very soon provided with abundant supplies, by which means Pompey again gained great reputation and power. Y.R. 700

About this time the daughter of Cæsar, who was married to Pompey, died in childbirth, and fear fell upon all lest, with the termination of this marriage connection, Cæsar and Pompey with their great armies should come into conflict with each other, especially as the commonwealth had been for a long time disorderly and unmanageable. The magistrates were chosen by means of money, and faction fights, with dishonest zeal, with the aid of stones and even swords. Bribery and corruption prevailed in the most scandalous manner. The people themselves went to the elections to be bought. A case was found where a deposit of 800 talents had been made to obtain the B.C. 54 consulship. The consuls holding office yearly could not hope to lead armies or to command in war because they were shut out by the power of the triumvirate. The baser ones strove for gain, instead of military commands, at the expense of the public treasury or from the election of their own successors. For these reasons good men abstained from office altogether. The disorder was such that at one time the republic was without consuls for eight months, Pompey conniving at the state of affairs in order that there might be need of a dictator. Y.R. 701

Many citizens began to talk to each other about this, B.C. 53 saying that the only remedy for existing evils was the one-man power, but that there was need of a man who combined strength of character and mildness of temper, thereby indicating Pompey, who had a sufficient army under his command and who appeared to be both a friend of the people and a leader of the Senate by virtue of his rank, a man of temperance and self-control and easy of access, or at all events so considered. This expectation of a dictatorship Pompey discountenanced in words, but in fact he did everything secretly to promote it, and willingly overlooked the prevailing disorder and the interregnum consequent upon it. Milo, who had assisted him in his controversy with Clodius, and had acquired great popularity by the recall of Cicero, now sought the consulship, as he considered it a favorable time in view of the present interregnum; but Y.R. 702 Pompey kept postponing the comitia until Milo became B.C. 52 disgusted, believing that Pompey was false to him, and withdrew to his native town of Lanuvium, which they say was the first city founded in Italy by Diomedes on his return from Troy, and which is situated about 150 stades from Rome.

Clodius happened to be coming from his own country-seat on horseback and he met Milo at Bovillæ. They merely exchanged hostile scowls and passed along; but one of Milo's servants attacked Clodius, either because he was ordered to do so or because he wanted to kill his master's enemy, and stabbed him through the back with a dagger. Clodius' groom carried him bleeding into a neighboring inn. Milo followed with his servants and finished him, -- whether he was still alive, or already dead, is not known, -- for, although he claimed that he had neither advised nor ordered the killing, he was not willing to leave the deed unfinished because he knew that he would be accused in any event. When the news of this affair was circulated in Rome, the people were thunderstruck, and they passed the night in the forum. When daylight came, the corpse of Clodius was displayed on the rostra. Some of the tribunes and the friends of Clodius and a great crowd with them seized it and carried it to the senate-house, either to confer honor upon it, as he was of senatorial birth, or as an act of contumely to the Senate for conniving at such deeds. There the more reckless ones collected the benches and chairs of the senators and made a funeral pile for him, which they lighted and from which the senate-house and many buildings in the neighborhood caught fire and were consumed with the corpse of Clodius.

Such was the hardihood of Milo that he was moved less by fear of punishment for the murder than by indignation at the honor bestowed upon Clodius at his funeral. He collected a crowd of slaves and rustics, and, after sending some money to be distributed among the people and buying Marcus Cælius, one of the tribunes, he came back to the city with the greatest boldness. Directly he entered, Cælius dragged him to the forum to be tried by those whom he had bribed, as though by an assembly of the people, pretending to be very indignant and not willing to grant any delay, but hoping that if those present should acquit him he would escape a more regular trial. Milo said that the deed was not premeditated, since one would not set out with such intentions encumbered with his luggage and his wife. The remainder of his speech was directed against Clodius as a desperado and a friend of desperadoes, who had set fire to the senate-house and burned it to ashes with his body. While he was still speaking the other tribunes, with the unbribed portion of the people, burst into the forum armed. Cælius and Milo escaped disguised as slaves, but there was a heavy slaughter of the others. Search was not made for the friends of Milo, but all who were met with, whether citizens or strangers, were killed, and especially those who wore fine clothes and gold rings. As the government was without order these ruffians, who were for the most part slaves and were armed men against unarmed, indulged their rage and, making an excuse of the tumult that had broken out, they turned to pillage. They abstained from no crime, but broke into houses, looking for any kind of portable property, but pretending to be searching for the friends of Milo. For several days Milo was their excuse for burning, stoning, and every sort of outrage.

The Senate assembled in consternation and looked to Pompey, intending to make him dictator at once, for they considered this necessary as a cure for the present evils; but at the suggestion of Cato they appointed him consul without a colleague, so that by ruling alone he might have the power of a dictator with the responsibility of a consul. He was the first of consuls who had two of the greatest provinces, and an army, and the public money, and the one-man power in the city, by virtue of being sole consul. In order that Cato might not cause obstruction by his presence, it was decreed that he should go to Cyprus and take the island away from King Ptolemy--a law to that effect having been enacted by Clodius because once, when he was captured by pirates, the avaricious Ptolemy contributed only two talents for his ransom. When Ptolemy heard of the decree he threw his money into the sea and killed himself, and Cato settled the government of Cyprus. Pompey proposed the prosecution of offenders and especially of those guilty of bribery and corruption. He thought that the seat of the public disorder was there, and that by beginning there he should effect a speedy cure. He brought forward a law, that any citizen who chose to do so might call for an accounting from anybody who had held office from the time of his own first consulship to the present. This embraced a period of a little less than twenty years, during which Cæsar also had been consul; wherefore Cæsar's friends suspected that he included so long a time in order to cast reproach and contumely on Cæsar, and urged him to straighten out the present crookedness rather than stir up the past to the annoyance of so many distinguished men, among whom they named Cæsar. Pompey pretended to be indignant at the mention of Cæsar's name, as though he were above suspicion, and said that his own second consulship was embraced in the period, and that he had reached back a considerable time in order to effect a complete cure of the evils from which the republic had been so long wasting away.

After making this answer he passed his law, and straightway there ensued a great number and variety of prosecutions. In order that the jurors might act without fear Pompey stationed soldiers around them and superintended them in person. The first ones convicted were absentees: Milo for the murder of Clodius; Gabinius both for violation of law and for impiety, because he had invaded Egypt without a decree of the Senate and contrary to the Sibylline books; Hypsæus, Memmius, Sextius, and many others for bribery and for corrupting the populace. The people interceded for Scaurus, but Pompey made proclamation that they should wait for the decision of the court. When the crowd again interrupted the accusers, Pompey's soldiers made a charge and killed several. Then the people held their tongues and Scaurus was convicted. All of them were banished. Gabinius was fined in addition. The Senate praised Pompey highly for these proceedings, voted him two more legions, and extended the term of his provincial government. As Pompey's law offered impunity to any one who should turn state's evidence, Memmius, who had been convicted of bribery, called Lucius Scipio, the father-in-law of Pompey himself, to trial for like participation in bribery. Thereupon Pompey put on mourning and many of the jurors did the same. Memmius took pity on the republic and withdrew the accusation.

Pompey, as though he had completed the reforms that made the one-man power necessary, now made Scipio his colleague in the consulship for the remainder of the year. At the expiration of his term, however, although others were invested with the consulship, he was none the less the supervisor, and ruler, and all-in-all in Rome. He enjoyed the good-will of the Senate, particularly because they were jealous of Cæsar, who did not consult the Senate during his consulship, and because Pompey had so speedily restored the sick commonwealth, and had not made himself troublesome or offensive to any of them during his term of office. The banished ones went to Cæsar in crowds and advised him to beware of Pompey, saying that his law about bribery was especially directed against himself. Cæsar cheered them up and spoke well of Pompey. He also induced the tribunes to bring in a law to enable himself to stand for the consulship a second time while absent, and this was enacted while Pompey was still consul and without opposition from him. Cæsar suspected that the Senate would resist this project and feared lest he should be reduced to the condition of a private citizen and exposed Y.R. 703 to his enemies. So he tried to retain his power B.C. 51 until he should be elected consul, and asked the Senate to grant him a little more time in his present command of Gaul, or of a part of it. Marcellus, who succeeded Pompey as consul, forbade it. They say that when this was announced to Cæsar, he clapped his hand on his sword-hilt and exclaimed, "This shall give it to me."This is a highly improbable tale. Cæsar was not in the least given to theatrical display. Plutarch ( 29) says: "It is said that one of Cæsar's centurions, who had been sent by him to Rome, standing before the senate-house one day, and being told that the Senate would not give a longer time in his government, clapped his hand on the hilt of his sword and said, ' But this shall give it."'

Cæsar built the town of Novum ComumThe modern Como. Strabo (v. I. 6) says that Pompeius Strabo, the father of Pompey the Great, restored Como, which was then a town of moderate size oppressed by the neighboring Rhetians; that Gains Scipio added about 3000 to its population, and that Cæsar added 5000 more, the most distinguished of whom were 500 Greeks. "To the latter," he continues, " Cæsar gave the right of citizenship and inscribed them among the colonists, but they did not live there permanently, although they gave the name to the settlement. All the inhabitants are called Neocomitæ which, by interpretation, means the people of Novum Comum." So it appears that the place was recruited by Cæsar, not originally founded by him. at the foot of the Alps and gave it the Latin rights, which included a provision that those who had exercised the yearly chief magistracy should be Roman citizens. One of these men, who had held this office and was consequently considered a Roman citizen, was beaten with rods for some reason by order of Marcellus in defiance of Cæsar--a punishment that was never inflicted on Roman citizens. Marcellus in his passion revealed his real intention that the blows should be the marks of the foreigner, and he told the man to carry his scars and show them to Cæsar. So insulting was Marcellus. Moreover, he proposed to send successors to take command of Cæsar's provinces before his time had expired, but Pompey interfered, making a pretence of fairness and good-will, saying that they ought not to put an indignity on a distinguished man who had been so extremely useful to his country, merely on account of a short interval of time; but he made it plain that Cæsar's command must come to an end immediately on its expiration. For this Y.R. 704 reason the bitterest enemies of Cæsar were chosen consuls B.C. 50 for the ensuing year: Æmilius Paulus and Claudius Marcellus, cousin of the Marcellus before mentioned. Curio, who was also a bitter enemy of Cæsar, but extremely popular with the masses and a most accomplished speaker, was chosen tribune. Cæsar was not able to influence Claudius with money, but he bought the neutrality of Paulus for 1500 talents and the assistance of Curio with a still larger sum, because he knew that the latter was heavily burdened with debt. With the money thus obtained Paulus built and dedicated to the Roman people the Basilica that bears his name, a very beautiful structure.

Curio, in order that he might not be detected changing sides too suddenly, brought forward vast plans for repairing and building roads, of which he was to be superintendent for five years. He knew that he could not carry any such measure, but he hoped that Pompey's friends would oppose him so that he might have that as an excuse for opposing Pompey. Things turned out as he had anticipated, so that he had a pretext for disagreement. Claudius proposed the sending of successors to take command of Cæsar's provinces, as his term was now expiring. Paulus was silent. Curio, who was thought to differ from both, praised the motion of Claudius, but added that Pompey ought to resign his provinces and army just like Cæsar, for in this way he said the commonwealth would be made free and be relieved from fear in all directions. Many opposed this as unjust, because Pompey's term had not yet expired. Then Curio came out more openly and decidedly against appointing successors to Cæsar unless Pompey also should lay down his command; for since they were both suspicious of each other, he contended that there could be no lasting peace to the commonwealth unless both were reduced to the character of private citizens. He said this because he knew that Pompey would not give up his command and because he saw that the people were incensed against Pompey on account of his prosecutions for bribery. As Curio's position was plausible, the plebeians praised him as the only one who was willing to incur the enmity of both Pompey and Cæsar in order to fulfil worthily his duties as a citizen; and once they escorted him home like an athlete, scattering flowers, as though he had won the prize in some great and difficult contest, for nothing was considered more perilous then than to have a difference with Pompey.

Pompey, while lying sick in Italy,Cicero makes mention of this illness of Pompey in the (i. 35). wrote an artful letter to the Senate, praising Cæsar's exploits and also recounting his own from the beginning, saying that he had been invested with a third consulship, and with provinces and an army afterward, which he had not solicited, but had been called to serve the public weal. He added that the powers which he had accepted unwillingly he would gladly yield to those who wished to take them back, and would not wait the time fixed for their expiration. The artfulness of this communication consisted in showing the fairness of Pompey and in exciting prejudice against Cæsar, as though the latter was not willing to give up his command even at the appointed time. When Pompey came back to the city, he spoke to the senators in the same way and then, also, promised to lay down his command. As a friend and marriage connection of Cæsar he said that the latter would very cheerfully do the same, for his had been a long and laborious contest against very warlike peoples; he had added much to the Roman power and now he would come back to his honors and his sacrificingsqusi/as, " sacrificings." This refers, says Combes-Dounous, to Cæsar's duties as Pontifex Maximus, a life office, to which he had been chosen in his younger days. and take his rest. He said these things in order that successors to Cæsar might be sent at once, while he (Pompey) should merely stand on his promise. Curio exposed his artifice, saying that promises were not sufficient, and insisting that Pompey should lay down his command now and that Cæsar should not be disarmed until Pompey himself had returned to private life. On account of private enmity, he said, it would not be advisable either for Cæsar or for the Romans that such great authority should be held by one man. Rather should each of them have power against the other in case one should attempt violence against the commonwealth. Throwing off all disguise, he denounced Pompey unsparingly as one aiming at supreme power, and said that unless he would lay down his command now, when he had the fear of Cæsar before his eyes, he would never lay it down at all. He moved that, unless they both obeyed, both should be voted public enemies and military forces be levied against them. In this way he concealed the fact that he had been bought by Cæsar.

Pompey was angry with him and threatened him and at once withdrew indignantly to his country-seat. The Senate now had suspicions of both, but it considered Pompey the better republican of the two, and it hated Cæsar because he had not shown it proper respect during his consulship. Some of the senators really thought that it would not be safe to the commonwealth to deprive Pompey of his power until after Cæsar should lay down his, since the latter was outside of the city and was the man of more towering designs. Curio held the contrary opinion, that they had need of Cæsar against the power of Pompey, or otherwise that both armies should be disbanded at the same time. As the Senate would not agree with him he dismissed it, leaving the whole business still unfinished. He had the power to do so as tribune. Thus Pompey had occasion to regret that he had restored the tribunician power to its pristine vigor after it had been reduced to extreme feebleness by Sulla. Nevertheless, one decree was voted before the session was ended, and that was that Cæsar and Pompey should each send one legion of soldiers to Syria to defend the province on account of the disaster to Crassus. Pompey artfully recalled. the legion that he had lately lent to Cæsar on account of the disaster to Cæsar's two generals, Titurius and Cotta. Cæsar awarded to each soldier 250 drachmas and sent the legion to Rome together with another of his own. As the expected danger did not show itself in Syria, these legions were sent into winter quarters at Capua.

The persons who had been sent by Pompey to Cæsar to bring these legions spread many reports derogatory to Cæsar and repeated them to Pompey. They said that Cæsar's army was wasted by protracted service, that the soldiers longed for their homes and would change to the side of Pompey as soon as they should cross the Alps. They spoke in this way either from ignorance or because they were corrupted. In fact, every soldier was strongly attached to Cæsar and labored zealously for him, under the force of discipline and the influence of the gain which war usually brings to victors and which they received from Cæsar also; for he gave with ar lavish hand in order to mould them to his designs. They knew what his designs were, but they stood by him nevertheless. Pompey believed what was reported to him and collected neither soldiers nor apparatus suitable for so great a contest.A parallel passage in Plutarch says that "when some were saying that if Cæsar should turn his forces against the city, they could not see what power would be able to resist him, Pompey smiled, and with great unconcern bade them take no care of that, 'for,' he said, ' whenever I stamp upon the ground in any part of Italy there will rise up forces enough both horse and foot.'" ( 57.) In the Senate the opinion of each member was asked and Claudius craftily divided the question and took the votes separately, thus: "Shall successors be sent to Cæsar?" and again, "Shall Pompey be deprived of his command?" The majority voted against the latter proposition, and it was decreed that successors to Cæsar should be sent. Then Curio put the question whether both should lay down their commands, and 22 senators voted in the negative while 370 went back to the opinion of Curio in order to avoid civil discord.Mendelssohn marks the text at this place turbata. Then Claudius dismissed the Senate, exclaiming, "Enjoy your victory and have Cæsar for a master."

Suddenly a false rumor came that Cæsar had crossed the Alps and was marching on the city, whereupon there was a great tumult and consternation on all sides. Claudius moved that the army at Capua be turned against Cæsar as a public enemy. When Curio opposed him on the ground that the rumor was false he exclaimed, "If I am prevented by the vote of the Senate from taking steps for the public safety, I will take such steps on my own responsibility as consul." After saying this he darted out of the Senate and proceeded to the suburbs with his colleague, where he presented a sword to Pompey, and said, "I and my colleague command you to march against Cæsar in behalf of your country, and we give you for this purpose the army now at Capua, or in any other part of Italy, and whatever additional forces you yourself choose to levy." Pompey promised to obey the orders of the consuls, but he added, "unless we can do better," thus dealing in trickery and still making a pretence of fairness. Curio had no power outside of the city (for it was not permitted to the tribunes to go beyond the walls), but he publicly deplored the state of affairs and demanded that the consuls should make proclamation that nobody need obey the conscription ordered by Pompey. As he could accomplish nothing, and as his term of office as tribune was about expiring, and he feared for his safety and despaired of being able to render any further assistance to Cæsar, he hastily departed to join the latter.

Cæsar had lately recrossed the straits from Britain and, after traversing the Gallic country along the Rhine, had passed the Alps with 5000 foot and 300 horse and arrived at Ravenna, which was contiguous to Italy and the last town in his government. After embracing Curio and returning thanks for what he had done for him, he looked over the present situation. Curio advised him to bring his whole army together now and lead it to Rome, but Cæsar thought it best still to try and come to terms. So he directed his friends to make an agreement in his behalf, that he should deliver up all his provinces and soldiers, except that he should retain two legions and Illyria with Cisalpine Gaul until he should be chosen consul. This was satisfactory to Pompey, but the consuls refused. Cæsar then wrote a letter to the Senate, which Curio carried a distance of 1300 stadesAbout 150 English miles. The Vatican codex says 1300 stades; all the others say 3300 (378 miles), which is quite incredible. in three days and delivered to the newly elected consuls as they entered the senate-house on the first Y.R. 705 of the calends of January.Literally: " On the day of the new moon of the year." The letter embraced a calm B.C. 49 recital of all that Cæsar had done from the beginning of his career and a proposal that he would lay down his command at the same time with Pompey, but that if Pompey should retain his command he would not lay down his own, but would come quickly and avenge his country's wrongs and his own. When this letter was read, as it was considered a declaration of war, a vehement shout was raised on all sides that Lucius Domitius be appointed as Cæsar's successor. Domitius took the field immediately with 4000 of the new levies.