Page:Roman Constitutional History, 753-44 B.C..djvu/264

250 His law in regard to sedition (lex Pompeia de vi) was a case of special legislation (privilegium), practically directed against Milo. It established an extraordinary tribunal for the trial of those implicated in the murder of Clodius and in other events connected therewith. This, too, established more severe punishments and curtailed the proceedings. The jurors were to be selected from the Pompeian panel.

These laws to a great extent curbed political oratory in the courts, and in so far checked the republican opposition, or the oligarchy.

Condemnation of Milo and Others. — Milo was the first one prosecuted before the new tribunal. Mark Antony, the son of the Roman admiral of 74, and later triumvir, was one of the prosecutors. Cicero, who had courageously been supporting Milo, was his defender, but he was nervous at the trial and did not plead with his usual skill and eloquence. Milo was condemned and went into exile.

On the other hand, the court acquitted the leader of Milo's band, and condemned the principal henchman and some other partisans of Clodius. Pompeius did not prevent the condemnation even of P. Plautius Hypsaeus, his former quaestor and recent candidate for the consulship, nor that of other very useful subordinates. But he intervened for, and probably saved, his present father-in-law, Q. Metellus Scipio, when he was prosecuted; and, to protect him further, caused him to be elected his colleague. The result of his vacillating behavior was that his opponents could not respect him for his impartiality and justice, nor could his adherents rely on his fidelity and protection; and of those condemned now or earlier many went over to Caesar.