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The Exile, April, B. C. 58-August, B. C. 57.

The correspondence only opens again in April of B.C. 58, when the worst has happened. Clodius entered upon his tribuneship on the 10th of December, B.C. 59, and lost little time in proposing a law to the comitia for the trial of any magistrate guilty of putting citizens to death without trial (qui cives indemnatos necavisset). The wording of the law thus left it open to plead that it applied only to such act as occurred after its enactment, for the pluperfect necavisset in the dependent clause answers to the future perfect in a direct one. And this was the interpretation that Caesar, while approving the law itself, desired to put upon it. 1 He again offered Cicero a legation in Gaul, but would do nothing for him if he stayed in Rome; while Pompey, who had been profuse in promises of protection, either avoided seeing Cicero, or treated his abject entreaties with cold disdain. 2 Every citizen, by a humane custom at Rome, had the right of avoiding a prosecution by quitting the city and residing in some town which had the ius exilii. It is this course that we find Cicero already entered upon when the correspondence of the year begins. In the letters of this year of exile he continually reproaches himself with not having stayed and even supported the law, in full confidence that it could not be applied to himself. He attributes his having taken the less courageous course to the advice of his friends, who were actuated by jealousy and a desire to get rid of him. Even Atticus he thinks was timid, at the best, in advising his retirement. It is the only occasion in all the correspondence in which the least cloud seems to have rested on the perfect friendship of the two men. Atticus does not appear to have shown any annoyance at the querulous remarks of his friend. He steadily continued to write, giving information and advice, and made no difficulty in supplying his friend with money. During Cicero's absence Atticus became still more wealthy than before by inheriting the estates of his cross-grained uncle Caecilius. But he was always careful as to the investment of his money and he would not, perhaps, have been so ready to trust Cicero, had he not felt confidence in the ultimate recovery of his civil status. Still his confidence was peculiarly welcome at a time which would have been otherwise one of great pressure. For Clodius had followed up Cicero's retirement with the usual lex in regard to persons leaving Rome to avoid a trial—a prohibition "of fire and water" within a fixed distance from Italy, which involved the confiscation of all his property in Italy. His villas were dismantled, his town house pulled down, and a vote of the people obtained by Clodius for the consecration of its site as a templum dedicated to Liberty, and a scheme was formed and the work actually commenced for occupying part of it by an extension of an existing porticus or colonnade (the porticus Catuli) to contain a statue of Liberty. That this consecration was regular is shown by the pleas by which it was afterwards sought to reverse it. 3 When Cicero was recalled the question came before the pontifices, who decided that the consecration was not valid unless it had been done by the "order of the people." It could not be denied on the face of it that there had been such an order. Cicero was obliged to resort to the plea that Clodius's adoption had been irregular and invalid, that therefore he was not legally a tribune, and could not take an order of the people. Finally, the senate seems to have decided that its restoration to Cicero was part of the general restitutio in integrum voted by the comitia centuriata; and a sum of money was assigned to him for the rebuilding of the house. Clodius refused to recognize the validity of this decree of the senate, and attempted by violence to interrupt the workmen engaged on the house. We have a lively picture of this in Letter XCI (vol. i., pp. 194-196).


1 Caesar said, οὐ μὴν καὶ προσήκειν ἐπὶ τοῖς παρεληλυθόσι τοιοῦτόν τινα νόμον συγγράφεσθαι (Dio, xxxviii. 17).

2 "The man who did not so much as raise me up, when I threw myself at his feet. "-Att. x. 4 (vol. ii., p.362). Similar allusions to Pompey's conduct to him on the occasion often occur.

3 1 See vol. i., p.190.

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