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Asconius, who, as I have said before, wrote in the time of Tiberius, declares that Cicero in his lost oration, "In toga candida," accused Crassus of having been the author of the conspiracy. Such is the information we have; and if we elect to believe that Cæsar was then joined with Catiline, we must be guided by our ideas of probability rather than by evidence.
"But such was Cicero's constancy," says Asconius, "that neither the alienation of the people nor the suspicions of Pompey, no fear of what might befall himself at the trial, no dread of the arms which were used openly against Milo, could hinder him from going on with the defence, although it was within his power to avoid the quarrel with the people and to renew his friendship for Pompey by abstaining from it."
Dion Cassius says, that he delivered this book sealed up to his son, with strict orders not to read or publish it till after his death; but from this time he never saw his son, and it is probable that he left the work unfinished. Afterwards, however, some copies of it were circulated; from which his commentator, Asconius, has quoted several particulars.
Cicero himself selects certain passages out of these speeches as examples of eloquence or rhythm, thus showing the labor with which he composed them, polishing them by the exercise of his ear as well as by that of his intellect. We know from Asconius that this trial was regarded at the time as one of vital interest.
Some doubt has been thrown upon the genuineness of the passage in Asconius; and, if that is not trustworthy, we have nothing else to help us. On the whole I think we must leave the announcement as it stands in all its baldness. Cicero's father had long been an invalid, and Atticus may have been well aware that the end was expected.
Milo, having heard that his enemy was there concealed thinking that he would be greatly relieved in his career by the death of such a foe, and that the risk should be run though the consequences might be grave caused Clodius to be dragged out from the tavern and slaughtered. On what grounds Asconius has attributed these probable thoughts to Milo we do not know.
Pompey, on the other hand, was nearly as warmly engaged in favor of Hypsæus and Scipio, though in the turn which affairs took he seems to have been willing enough to accept the office himself when it came in his way. Milo and Clodius had often fought in the streets of Rome, each ruffian attended by a band of armed combatants, so that in audacity, as Asconius says, they were equal.
He seems to have done his work as commentator with no glow of affection and with no touch of animosity, either on one side or on the other. There can be no reason for doubting the impartiality of Asconius as to Milo's trial, and every reason for trusting his knowledge of the facts.
When Cicero began to address the judges, the partisans of Clodius could not be induced to abstain from riot even by fear of the soldiery; so that he was unable to speak with his accustomed firmness." Such is the account as given by Asconius, who goes on to tell us that out of the fifty-one judges thirty-eight condemned Milo and only thirteen were for acquitting him.
At Bovillæ, near the temple of the Bona Dea, his cortege was met by Clodius on horseback, who had with him some friends, and thirty slaves armed with swords. Milo's attendants were nearly ten times as numerous. It is not supposed by Asconius that either of the two men expected the meeting, which may be presumed to have been fortuitous.
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