Roman History, 39.7

Cassius Dio  translated by Earnest Cary

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7These men, accordingly, now that they had the consuls as leaders, made more disturbance than before, and the same was true of the others in the city, as they championed one side or the other. Many disorderly proceedings were the result, 2chief of which was that during the very taking of the vote on the measure Clodius, knowing that the multitude would be on Cicero’s side, took the gladiators that his brother held in readiness for the funeral games in honour of Marcus,his relative, and rushing into the assemblage, wounded many and killed many others. 3Consequently the measure was not passed, and Clodius, both as the companion of those armed champions and otherwise, was dreaded by all. He then stood for the aedileship, thinking he would escape the penalty of his violence if he were elected. 4Milo did, indeed, indict him, but did not succeed in bringing him to trial, since the quaestors, by whom the allotment of jurors had to be made, had not been elected, and Nepos forbade the praetor to allow any trial before their allotment. Now it was necessary for the aediles to be chosen before the quaestors, and this proved the principal cause of delay.

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