on the jury-courts and kept it in a perpetual state of disturbance; we must allow that this rendered it easy for the regents to justify their exceptional measures. But, as may well be conceived, even the servile majority shrank from granting what the future dictator himself seemed to shrink from openly asking. When the unparalleled agitation regarding the elections for the consulship of 701 led to the most scandalous scenes, so that the elections were postponed a full year beyond the fixed time and only took place after a seven months' interregnum in July 701, Pompeius found in this state of things the desired occasion for indicating now distinctly to the senate that the dictatorship was the only means of cutting, if not of loosing the knot; but the decisive word of command was not even yet spoken. Perhaps it would have still remained for long unuttered, had not the most audacious partisan of the republican opposition Titus Annius Milo stepped into the field at the consular elections for 702 as a candidate in opposition to the candidates of the regents, Quintus Metellus Scipio and Publius Plautius Hypsaeus, both men closely connected with Pompeius personally and thoroughly devoted to him.
Milo, endowed with physical courage, with a certain talent for intrigue and for contracting debt, and above all with an ample amount of native assurance which had been carefully cultivated, had made himself a name among the political adventurers of the time, and was the greatest bully in his trade next to Clodius, and naturally therefore through rivalry at the most deadly feud with the latter. As this Achilles of the streets had been acquired by the regents and with their permission was again playing the ultra-democrat, the Hector of the streets became as a matter of course an aristocrat! And the republican opposition, which now would have concluded an alliance with Catilina in person, had he presented himself to them, readily acknowledged Milo as their legitimate champion in all riots. In fact the few successes, which they carried off in this field of battle, were the work of Milo and of his well-trained band of gladiators. So Cato and his friends in return supported the candidature of Milo for the consulship; even Cicero could not avoid recommending one who had been his enemy's enemy and his own protector during many years; and as Milo himself spared neither money nor violence to carry his election, it seemed secured. For the regents it would have been not only a new and keenly-felt defeat, but also a real danger; for it was to be foreseen that the bold partisan would not allow himself as consul to be reduced to insignificance so easily as Domitius and other men of the respectable opposition. It happened that Achilles and Hector accidentally encountered each other not far from the capital on the Appian Way, and a fray arose between their respective bands, in which Clodius himself received a sword-cut on the shoulder and was compelled to take refuge in a neighbouring house.
This had occurred without orders from Milo; but, as the matter had gone so far and as the storm had now to be encountered at any rate, the whole crime seemed to Milo more desirable and even less dangerous than the half; he ordered his men to drag Clodius forth from his lurking place and to put him to death (13 Jan. 702).
The street leaders of the regents' party - the tribunes of the people Titus Munatius Plancus, Quintus Pompeius Rufus, and Gaius Sallustius Crispus - saw in this occurrence a fitting opportunity to thwart in the interest of their masters the candidature of Milo and carry the dictatorship of Pompeius. The dregs of the populace, especially the freedmen and slaves, had lost in Clodius their patron and future deliverer[11]; the requisite excitement was thus easily aroused. After the bloody corpse had been exposed for show at the orators' platform in the Forum and the speeches appropriate to the occasion had been made, the riot broke forth. The seat of the perfidious aristocracy was destined as a funeral pile for the great liberator; the mob carried the body to the senate-house, and set the building on fire. Thereafter the multitude proceeded to the front of Milo's house and kept it under siege, till his band drove off the assailants by discharges of arrows. They passed on to the house of Pompeius and of his consular candidates, of whom the former was saluted as dictator and the latter as consuls, and thence to the house of the interrex Marcus Lepidus, on whom devolved the conduct of the consular elections. When the latter, as in duty bound, refused to make arrangements for the elections immediately, as the clamorous multitude demanded, he was kept during five days under siege in his dwelling house.
But the instigators of these scandalous scenes had overacted their part. Certainly their lord and master was resolved to employ this favourable episode in order not merely to set aside Milo, but also to seize the dictatorship; he wished, however, to receive it not from a mob of bludgeon-men, but from the senate. Pompeius brought up troops to put down the anarchy which prevailed in the capital, and which had in reality become intolerable to everybody; at the same time he now enjoined what he had hitherto requested, and the senate complied. It was merely an empty subterfuge, that on the proposal of Cato and Bibulus the proconsul Pompeius, retaining his former offices, was nominated as 'consul without colleagu' instead of dictator on the 25th of the intercalary month[12] (702) - a subterfuge, which admitted an appellation labouring under a double incongruity[13] for the mere purpose of avoiding one which expressed the simple fact, and which vividly reminds us of the sagacious resolution of the waning patriciate to concede to the plebeians not the consulship, but only the consular power[14].
Changes of in the Arrangement of Magistracies and the Jury-System Thus in legal possession of full power, Pompeius set to work and proceeded with energy against the republican party which was powerful in the clubs and the jury-courts. The existing enactments as to elections were repeated and enforced by a special law; and by another against electioneering intrigues, which obtained retrospective force for all offences of this sort committed since 684, the penalties hitherto imposed were augmented.
Still more important was the enactment, that the governorships, which were by far the more important and especially by far the more lucrative half of official life, should be conferred on the consuls and praetors not immediately on their retirement from the consulate or praetorship, but only after the expiry of other five years; an arrangement which of course could only come into effect after four years, and therefore made the filling up of the governorships for the next few years substantially dependent on decrees of senate which were to be issued for the regulation of this interval, and thus practically on the person or section ruling the senate at the moment. The jury- commissions were left in existence, but limits were put to the right of counter-plea, and - what was perhaps still more important - the liberty of speech in the courts was done away; for both the number of the advocates and the time of speaking apportioned to each were restricted by fixing a maximum, and the bad habit which had prevailed of adducing, in addition to the witnesses as to facts, witnesses to character or
An attempt was also made to give once more a serious importance to the office of the censors, and by that agency to purge the deeply disordered burgess-body of the worst rabble. All these measures were adopted under the pressure of the sword. In consequence of the declaration of the senate that the country was in danger, Pompeius called the men capable of service throughout Italy to arms and made them swear allegiance for all contingencies; an adequate and trustworthy corps was temporarily stationed at the Capitol; at every stirring of opposition Pompeius threatened armed intervention, and during the proceedings at the trial respecting the murder of Clodius stationed contrary to all precedent, a guard over the place of trial itself.
The scheme for the revival of the censorship failed, because among the servile majority of the senate no one possessed sufficient moral courage and authority even to become a candidate for such an office. On the other hand Milo was condemned by the jurymen (8 April 702) and Cato's candidature for the consulship of 703was frustrated. The opposition of speeches and pamphlets received through the new judicial ordinance a blow from
