As the year passed the people as well as the senators became increasingly dissatisfied with the triumvirate’s tactics, and the triumvirs were concerned over the inevitable reaction when the time came for Caesar to relinquish his executive consular power. When while pleading a case Cicero savaged the current government, Caesar and Pompey approached Cicero’s enemy, Clodius, who had, since the Bona Dea scandal, been striving to transfer from patrician to plebeian status, which would make him eligible for election as a tribune.
Clodius had failed in several attempts, but now Caesar, as consul, summoned the Curiate Assembly, which then ratified Clodius’ adoption by a plebeian family. It was from this time, having been born Claudius, he became known as Clodius. In 58 BC he was elected tribune, in which office he could harass Cicero. One tribune was usually insufficient for absolute security, but the triumvirs were fortunate in the choice of consuls in 58 BC, Gabinius (2), a supporter of Pompey, was elected together with Caesar’s father-in-law, Calpurnius (13).
In 58 BC as tribune Clodius immediately passed four bills: (1) the lex Clodia de auspiciis negating the lex Aelia et Fufia of 150 BC that allowed magistrates to declare assemblies of the people invalid due to bad omens (a method Bibulus had tried to employ against Caesar); (2) the ~de frumentaria establishing a free monthly ration of wheat for Rome’s poorer citizens, and had his friend Sextus Cloelius put in charge and carrying out the distribution (Clodius probably foresaw that organising slaves and newly freedmen to distribute the grain dole would provide him with gangs of unscrupulous followers in the city itself); (3) the ~de collegiis restoring the collegia (suppressed in 64 BC by a senatus consultum that deemed their establishment conflicted with the public interest), and created new ones which he later used as a source of gang violence; and (4) the ~de censoribus preventing the censors from expelling senators unless they were first tried for some crime and found guilty by the censors acting together.
Towards the end of March, Clodius began to attack his enemy Cicero. The first bill the ~de capite civis romani threatened banishment on anyone who executed a Roman citizen without trial, harking back to Cicero’s role in execution of the Catilinarian conspirators. On the same day, the ~de provinciis consularibus awarded the desirable provinces Cilicia (later exchanged for Syria) and Macedonia to the consuls of 58 BC, Gabinius (2) and 13Calpurnius Piso, with enormous grants from the treasury and thus won their loyalty. When Pompey declined to support him, Cicero left Rome immediately and later heard that Clodius had carried the ~de exilio Ciceronis, specifically referring to Cicero and spelling out the terms of his banishment: he had to be at least four hundred miles away from Italy otherwise anyone could kill him with impunity and his property would be confiscated and destroyed.
Clodius needed to raise money to pay for his corn law. The previous year the triumvirs had recognized Ptolemy XII Auletes (c.57; r.80*51 BC) as king of Egypt in return for a promise of 6000 talents. His brother Ptolemy of Cyprus (r.c.80-58 BC), however, did not pay the Romans for recognition of his throne and Clodius now passed the ~de rege Ptolemaeo et de insula Cypro, confiscating the island and its royal treasure to the Roman people. Cyprus was to be incorporated with the province of Cilicia and on Clodius’ proposal Cato was voted the imperium and sent to annex the island.
By accepting this prestigious and potentially lucrative appointment, Cato, who could hardly refuse what was in fact his civic duty, was also accepting, indirectly, the whole chain of similarly approved legislation that he had previously contested. Clodius had thus damaged the optimates by implicating their spokesman in his legislation program.
About the same time as Cicero left the city, Caesar set off for his proconsular command. While he was campaigning in Gaul, Clodius renewed the optimate challenge to Pompey that had been thwarted by the formation of the triumvirate.
Pompey had made Deiotarus of Galatia (c.64; r.63/2-40 BC), who ruled concurrently with his son-in-law Brogitarus, a client king and then recognized him as high priest of the goddess Magna Mater at Pessinus in Phrygia for his loyalty to Rome. Clodius now proposed to transfer this honour to Brogitarus and recognise him as a king, ally and friend of Rome.
Next, Clodius freed Pompey’s captive hostage Tigranes, son of the king of Armenia, who was living at the home of Pompey’s friend, 04Flavius , praetor in 58 BC, and provided a ship to take him home. Bad weather delayed Tigranes’ escape and in the skirmish that ensued when Pompey’s adherents tried to recapture the hostage, Marcus Papirius (9), one of Pompey’s followers, was killed. Clodius had no authority to carry out such a scheme and Gabinius, a friend of Pompey’s, launched an attack on him. A riot broke out and Gabinius’ fasces as consul were smashed and his property confiscated.
Pompey decided that Cicero, ‘who was the greatest enemy of Clodius’, should be recalled and the tribune Lucius Ninnius Quadratus proposed a motion to this effect on 1 June but it was vetoed by another tribune, 02Aelius Ligus.
Clodius was determined to prevent Cicero’s recall and with the cooperation of Bibulus announced that he was going to challenge Caesar’s legislation of 59 BC, a threat designed to prevent him giving his support to Cicero’s return. He used a cruder tactic on Pompey. On 11 August when he was due to attend the Senate, a servant of Clodius was found to have a sword in his hand. Pompey, fearing for his safety, retired to his home on the Carinae where he was besieged for the rest of the year by Clodius’ gang led by his freedman Damio.
In October a second bill to recall Cicero failed. His friend the tribune-elect, Sestius, went to Gaul and spoke to Caesar who said he would back Cicero’s recall provided he did not challenge the measures of 59 BC. In Rome the consul-elect, 14Caecilius Metellus, was won over to Cicero’s cause by Pompey, the other consul-elect 47Cornelius Lentulus Spinther and Cicero’s friend, Pomponius (1) (77; fl.85-31 BC).
In the new year one of the tribunes, Messius, brought forward a bill. On 25 January two tribunes, Fabricius (2) and Cispius, and Cicero’s brother Quintus 03Tullius Cicero (59; fl.79-43 BC) came to the Forum at daybreak on the day the bill was to be put to the vote. But Clodius, whose term as tribune had expired, was already there with his supporters, reinforced by a group of gladiators who had recently taken part in funeral games he had organised. The clash was violent and bloody, and Quintus barely escaped with his life. Violence was becoming commonplace.Clodius’ gangs had made the streets unbearable. Some senators, appalled at this increasing violent behaviour, funded Sestius and the tribune 03Annius Milo to form a gang to oppose Clodius’ thugs. Clodius’ power was blunted and in May the Senate voted for Cicero’s recall. Cicero landed in Brundisium and thousands turned out to welcome him as he followed the Via Appia to Rome. Soon after his arrival he was reconciled with Pompey and proposed for him the control of the corn-supply throughout the Roman world for the next five years. Messius then proposed for him imperium maius (which overrode equal imperium) but the consuls’ lex Cornelia Caecilia more moderately gave him universal proconsular imperium.
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