Philippus, the father of Marcia, was that year consul, and the authority and power of the office rested in a manner in Cato; for the other consul paid him no less regard for his virtue's sake than Philippus did on account of the connection between them. And Cicero, now being returned from his banishment, into which he was driven by Clodius, and having again obtained great credit among the people, went, in the absence of Clodius, and by force took away the records of his tribuneship, which had been laid up in the capitol. Hereupon the senate was assembled and Clodius complained of Cicero, who answered, that Clodius was never legally tribune, and therefore whatever he had done was void, and of no authority. But Cato interrupted him while he spoke, and at last standing up said, that indeed he in no way justified or approved of Clodius's proceedings: but if they questioned the validity of what had been done in his tribuneship, they might also question what himself had done at Cyprus, for the expedition was unlawful, if he that sent him had no lawful authority: for himself, he thought Clodius was legally made tribune, who, by permission of the law, was from a patrician adopted into a plebeian family; if he had done ill in his office, he ought to be called to account for it; but the authority of the magistracy ought not to suffer for the faults of the magistrate. Cicero took this ill, and for a long time discontinued his friendship with Cato; but they were afterwards reconciled.
Pompey and Crassus, by agreement with Caesar, who crossed the Alps to see them, had formed a design, that they two should stand to be chosen consuls a second time, and when they should be in their office, they would continue to Caesar his government for five years more, and take to themselves the greatest provinces, with armies and money to maintain them. This seemed a plain conspiracy to subvert the constitution and parcel out the empire. Several men of high character had intended to stand to be consuls that year, but upon the appearance of these great competitors, they all desisted, except only Lucius Domitius, who had married Porcia, the sister of Cato, and was by him persuaded to stand it out, and not abandon such an undertaking, which, he said, was not merely to gain the consulship, but to save the liberty of Rome. In the meantime, it was the common topic among the more prudent part of the citizens, that they ought not to suffer the power of Pompey and Crassus to be united, which would then be carried beyond all bounds, and become dangerous to the state; that therefore one of them must be denied. For these reasons they took part with Domitius, whom they exhorted and encouraged to go on, assuring him that many who feared openly to appear for him, would privately assist him. Pompey's party fearing this, laid wait for Domitius, and set upon him as he was going before daylight, with torches, into the Field. First, he that bore the light next before Domitius was knocked down and killed; then several others being wounded, all the rest fled, except Cato and Domitius, whom Cato held, though himself were wounded in the arm, and crying out, conjured the others to stay, and not, while they had any breath, forsake the defence of their liberty against those tyrants, who plainly showed with what moderation they were likely to use the power which they endeavoured to gain by such violence. But at length Domitius, also, no longer willing to face the danger, fled to his own house, and so Pompey and Crassus were declared elected.
Nevertheless, Cato would not give over, but resolved to stand himself to be praetor that year, which he thought would be some help to him in his design of opposing them; that he might not act as a private man, when he was to contend with public magistrates. Pompey and Crassus apprehended this; and fearing that the office of praetor in the person of Cato might be equal in authority to that of consul, they assembled the senate unexpectedly, without giving notice to a great many of the senators, and made an order, that those who were chosen praetors should immediately enter upon their office, without attending the usual time, in which, according to law, they might be accused, if they had corrupted the people with gifts. When by this order they had got leave to bribe freely, without being called to account, they set up their own friends and dependents to stand for the praetorship, giving money, and watching the people as they voted.
Yet the virtue and reputation of Cato was like to triumph over all these stratagems; for the people generally felt it to be shameful that a price should be paid for the rejection of Cato, who ought rather to be paid himself to take upon him the office. So he carried it by the voices of the first tribe. Hereupon Pompey immediately framed a lie, crying out, it thundered; and straight broke up the assembly, for the Romans religiously observed this as a bad omen, and never concluded any matter after it had thundered. Before the next time, they had distributed larger bribes, and driving also the best men out of the Field, by these foul means they procured Vatinius to be chosen praetor, instead of Cato. It is said, that those who had thus corruptly and dishonestly given their voices hurried, as if it were in flight, out of the Field. The others staying together, and exclaiming at the event, one of the tribunes continued the assembly, and Cato standing up, as it were by inspiration, foretold all the miseries that afterwards befell the state, exhorted them to beware of Pompey and Crassus, who were guilty of such things, and had laid such designs, that they might well fear to have Cato praetor. When he had ended this speech, he was followed to his house by a greater number of people than all the new praetors elect put together.
