Cicero - Anthony Everitt [102]
That afternoon the Senate met in an emergency session and passed the Final Act. They called on the only officeholders then in place, a Regent (interrex, an official appointed every five days in the absence of elected Consuls), on the Tribunes and on Pompey, with his Proconsular authority, to take steps to restore order. They authorized Pompey to raise troops.
Pompey was in no hurry to accept the Senate’s commission. He wanted full powers without conditions and was eager to consult Caesar in Gaul, anxious to avoid any step that might unbalance the equal partnership agreed on at Luca. The delaying tactic worked, for the Senate, having lost whatever last vestige of control it could lay claim to, in desperation offered him what he wanted, full and complete authority. Even Cato approved, saying that any government was better than no government at all. The optimates cleverly arranged for Pompey to be appointed sole Consul rather than Dictator, the post he would have preferred. This was to close off any risk that he might repeat the precedent set by Sulla, who had extended his Dictatorship beyond the legal six-month limit. To make sure of Caesar’s consent to the deal a sweetener was offered; all ten Tribunes put forward a bill allowing him to stand for a second-term Consulship in absentia. Once he was in charge, Pompey moved firmly. Troops were levied and the city was brought under control.
With characteristic managerial firmness, the sole Consul acted to restore law and order through the courts. A series of trials was undertaken of Clodius’s men and Milo, for his part, was brought to justice for Clodius’s murder. Cicero, the obvious choice, was asked to undertake the defense. When the case came up, troops lined the Forum. Milo knew of Cicero’s tendency to be nervous at the beginning of a speech and was afraid that the presence of soldiers might alarm him. He persuaded him to come down from his home on the Palatine to the Forum in a closed litter and to wait quietly inside the litter until the jury had assembled and the court was ready. It was a good idea, but it didn’t work. AS soon as Cicero emerged from the litter he saw Pompey standing on high ground as if commanding a military operation and weapons flashing in the sunlight from all sides. His body shook, his voice faltered and he could hardly start his speech. This was a potential catastrophe, for, unusually, he was Milo’s only advocate.
The line of defense Cicero chose was controversial. Some advised that the best thing would be to admit to the killing but to claim bluntly that it had been in the public interest. Cicero chose instead to trump the prosecution, which claimed that Milo had ambushed Clodius, with the counterargument that it was Clodius who had ambushed Milo. Of course, both accounts were wrong, for the encounter had come about by chance.
When Cicero began to speak, followers of Clodius in the square, undaunted by the presence of troops, created an uproar. He did not completely break down, but his performance fell a long way short of his usual standards. He spoke briefly and soon withdrew. It was the most embarrassing moment in his professional life.
Milo was convicted and exiled from Rome. He retired to Massilia. Cicero sent him a copy of the fully worked-up address, which he had prepared for publication. It was an accomplished piece of work. Milo sent a letter back saying that it was lucky for