---
title: "For Milo · Pro T. Annio Milone"
author: "Cicero"
translator: "Charles Duke Yonge"
languages: [la, en]
shelf: "Classical Latin"
url: https://scriptura.si/works/cicero-pro-milone/
cite: "Cicero, tr. Charles Duke Yonge, For Milo · Pro T. Annio Milone. Scriptura (scriptura.si), https://scriptura.si/works/cicero-pro-milone/"
---

# For Milo · Pro T. Annio Milone

*Cicero, tr. Charles Duke Yonge*

Cicero’s defence of the man who killed Clodius on the Appian Way.

> Latin: ed. Albert Curtis Clark, from the Perseus Digital Library (canonical-latinLit, phi0474.phi031, CC BY-SA 4.0).

> English: Charles Duke Yonge, from the Perseus Digital Library (phi0474.phi031.perseus-eng1). Notes are not included.

> Rows follow the references the two texts share (chapters and sections), cut where both reach the end of a sentence.

## Contents

1. [Sections 1–34](https://scriptura.si/works/cicero-pro-milone/1.md)
2. [Sections 35–71](https://scriptura.si/works/cicero-pro-milone/2.md)
3. [Sections 72–105](https://scriptura.si/works/cicero-pro-milone/3.md)

## 1. Sections 1–34

Source: https://scriptura.si/works/cicero-pro-milone/1/ · cite a paragraph as https://scriptura.si/works/cicero-pro-milone/1/#p-N

[¶0] 1. Although I am afraid, O judges, that it is a base thing for one who is beginning to speak for a very brave man to be alarmed, and though it is far from becoming, when Titus Annius Milo himself is more disturbed for the safety of the republic than for his own, that I should not be able to bring to the cause a similar greatness of mind, yet this novel appearance of a new manner of trial alarms my eyes, which, wherever they fall, seek for the former customs of the forum and the ancient practice in trials. For your assembly is not surrounded by a circle of bystanders as usual; we are not attended by our usual company.

> Latin: 1. vereor, iudices, ne turpe sit pro fortissimo viro dicere incipientem timere minimeque deceat, cum T. Annius ipse magis de rei publicae salute quam de sua perturbetur, me ad eius causam parem animi magnitudinem adferre non posse, tamen haec novi iudici nova forma terret oculos qui, quocumque inciderunt, veterem consuetudinem fori et pristinum morem iudiciorum requirunt. enim corona consessus vester cinctus est, ut solebat; non usitata frequentia stipati sumus;

[¶1] 2. For those guards which you behold in front of all the temples, although they are placed there as a protection against violence, yet they bring no aid to the orator, so that even in the forum and in the court of justice itself, although we are protected with all military and necessary defences, yet we cannot be entirely without fear. But if I thought this adverse to Milo, I should yield to the times, O judges, and among such a crowd of armed men, I should think there was no room for an orator. But the wisdom of Cnaeus Pompeius, a most wise and just man, strengthens and encourages me, who would certainly neither think it suitable to his justice to deliver that man up to the weapons of the soldiery whom he had given over as an accused person to the decision of the judges, nor suitable to his wisdom to arm the rashness of an excited multitude with public authority.

> Latin: 2. non illa praesidia quae pro templis omnibus cernitis, etsi contra vim conlocata sunt, non adferunt tamen oratori terroris aliquid, ut in foro et in iudicio, quamquam praesidiis salutaribus et necessariis saepti sumus, tamen ne non timere quidem sine aliquo timore possimus. si opposita Miloni putarem, cederem tempori, iudices, nec enim inter tantam vim armorum existimarem esse orationi locum. me recreat et reficit Cn. Pompei, sapientissimi et iustissimi viri, consilium, qui profecto nec iustitiae suae putaret esse, quem reum sententiis iudicum tradidisset, eundem telis militum dedere, nec sapientiae temeritatem concitatae multitudinis auctoritate publica armare.

[¶2] 3. So that those arms, those centurions, those cohorts, do not announce danger to us, but protection; nor do they expect us only to be calm, but even to be courageous, nor do they promise only assistance to my defence but also silence. And the rest of the multitude which consists of citizens is wholly ours; nor is there any one individual among those whom you see from this place gazing upon us from all sides from which any part of the forum can be seen and watching the result of this trial who, while he favours the virtue of Milo, does not think that this day in reality his own interests, those of his children, his country, and his fortunes, are at stake. There is one class adverse and hostile to us,—those whom the madness of Publius Clodius has fed on rapine, on conflagration, and on every sort of public disaster; and who were, even in the assembly held yesterday, exhorted to teach you, by their clamour, what you were to decide. But such shouts, if any reached you, should rather warn you to retain him as a citizen who has always slighted that class of men, and their greatest clamour, in comparison with your safety.

> Latin: 3. ob rem illa arma, centuriones, cohortes non periculum nobis, sed praesidium denuntiant, neque solum ut quieto, sed etiam ut magno animo simus hortantur, nec auxilium modo defensioni meae verum etiam silentium pollicentur. vero multitudo, quae quidem est civium, tota nostra est, nec eorum quisquam quos undique intuentis, unde aliqua fori pars aspici potest, et huius exitum iudici exspectantis videtis, non cum virtuti Milonis favet, tum de se, de liberis suis, de patria, de fortunis hodierno die decertari putat. genus est adversum infestumque nobis eorum quos P. Clodi furor rapinis et incendiis et omnibus exitiis publicis pavit; qui hesterna etiam contione incitati sunt ut vobis voce praeirent quid iudicaretis. clamor si qui forte fuerit, admonere vos debebit ut eum civem retineatis qui semper genus illud hominum clamoresque maximos prae vestra salute neglexit.

[¶3] 4. Wherefore, be of good courage, O judges, and lay aside your alarm, if indeed you feel any; for if ever you had to decide about good and brave men, and about citizens who had deserved well of their country, if ever an opportunity was given to chosen men of the most honourable ranks to show by their deeds and resolutions that disposition towards brave and good citizens which they had often declared by their looks and by their words, all that power you now have, when you are to determine whether we who have always been wholly devoted to your authority are to be miserable, and to mourn for ever, or whether, having been long harassed by the most abandoned citizens, we shall at length he reprieved and set up again by you, your loyalty, your virtue, and your wisdom.

> Latin: 4. ob rem adeste animis, iudices, et timorem, si quem habetis, deponite. si umquam de bonis et fortibus viris, si umquam de bene meritis civibus potestas vobis iudicandi fuit, si denique umquam locus amplissimorum ordinum delectis viris datus est ut sua studia erga fortis et bonos civis, quae voltu et verbis saepe significassent, re et sententiis declararent, hoc profecto tempore eam potestatem omnem vos habetis ut statuatis utrum nos qui semper vestrae auctoritati dediti fuimus semper miseri lugeamus an diu vexati a perditissimis civibus aliquando per vos ac per vestram fidem, virtutem sapientiamque recreemur.

[¶4] 5. For what, O judges, is more full of labour than we both are, what can be either expressed or imagined more full of anxiety and uneasiness than we are, who being induced to devote ourselves to the republic by the hope of the most honourable rewards, yet cannot be free from the fear of the most cruel punishments? I have always thought indeed that Milo had to encounter the other storms and tempests in these billows of the assemblies because he always espoused the cause of the good against the bad; but in a court of justice, and in that council in which the most honourable men of all ranks are sitting as judges, I never imagined that Milo's enemies could have any hope of diminishing his glory by the aid of such men, much less of at all injuring his safety.

> Latin: 5. enim nobis duobus, iudices, laboriosius, quid magis sollicitum, magis exercitum dici aut fingi potest, qui spe amplissimorum praemiorum ad rem publicam adducti metu crudelissimorum suppliciorum carere non possumus? ceteras tempestates et procellas in illis dumtaxat fluctibus contionum semper putavi Miloni esse subeundas, quia semper pro bonis contra improbos senserat, in iudicio vero et in eo consilio in quo ex coniunctis ordinibus amplissimi viri iudicarent numquam existimavi spem ullam esse habituros Milonis inimicos ad eius non modo salutem exstinguendam sed etiam gloriam per talis viros infringendam.

[¶5] 6. Although in this cause, O judges, we shall not employ the tribuneship of Titus Annius, and all the exploits which he has performed for the safety of the republic, as topics for our defence against this accusation, unless you see with your own eyes that a plot was laid against Milo by Clodius; and we shall not entreat you to pardon us this one offence in consideration of our many eminent services to the republic, nor shall we demand, if the death of Publius Clodius was your safety, that on that account you should attribute it rather to the virtue of Milo, than to the good fortune of the Roman people; but if his plots are made clearer than the day, then indeed I shall entreat, and shall demand of you, O judges, that, if we have lost everything else, this at least may be left us,—namely, the privilege of defending our lives from the audacity and weapons of our enemies with impunity.

> Latin: 6. in hac causa iudices, T. Anni tribunatu rebusque omnibus pro salute rei publicae gestis ad huius criminis defensionem non abutemur. Nisi oculis videritis insidias Miloni a Clodio esse factas, nec deprecaturi sumus ut crimen hoc nobis propter multa praeclara in rem publicam merita condonetis, nec postulaturi ut, quia mors P. Clodi salus vestra fuerit, idcirco eam virtuti Milonis potius quam populi Romani felicitati adsignetis. illius insidiae clariores hac luce fuerint, tum denique obsecrabo obtestaborque vos, iudices, si cetera amisimus, hoc nobis saltem ut relinquatur, vitam ab inimicorum audacia telisque ut impune liceat defendere.

[¶6] 7. But before I come to that part of my speech which especially belongs to this trial, it seems necessary to refute those things which have been often said, both in the senate by our enemies, and in the assembly of the people by wicked men, and lately, too, by our prosecutors; so that when every cause of alarm is removed, you may be able distinctly to see the matter which is the subject of this trial. They say that that man ought no longer to see the light who confesses that another man has been slain by him. In what city, then, are these most foolish men using this argument? In this one, forsooth, where the first trial for a man's life that took place at all was that of Marcus Horatius, a most brave man, who even before the city was free was yet acquitted by the assembly of the Roman people, though he avowed that his sister had been slain by his hand.

> Latin: 7. ante quam ad eam orationem venio quae est propria vestrae quaestionis videntur ea mihi esse refutanda quae et in senatu ab inimicis saepe iactata sunt et in contione ab improbis et paulo ante ab accusatoribus, ut omni errore sublato rem plane quae veniat in iudicium videre possitis. intueri lucem esse fas ei qui a se hominem occisum esse fateatur. qua tandem urbe hoc homines stultissimi disputant? in ea quae primum iudicium de capite vidit M. Horati, fortissimi viri, qui nondum libera civitate tamen populi Romani comitiis liberatus est, cum sua manu sororem esse interfectam fateretur.

[¶7] 8. Is there any one who does not know, that when inquiry is made into the slaying of a man, it is usual either altogether to deny that the deed has been done, or else to defend it on the ground that it was rightly and lawfully done? unless, indeed, you think that Publius Africanus was out of his mind, who, when he was asked in a seditious spirit by Caius Carbo, a tribune of the people, what was his opinion of the death of Tiberius Gracchus, answered that he seemed to have been rightly slain. For neither could Servilius Ahala, that eminent man, nor Publius Nasica, nor Lucius Opimius, nor Caius Marius, nor indeed the senate itself during my consulship, have been accounted anything but wicked, if it was unlawful for wicked citizens to be put to death. And therefore, O judges, it was not without good reason, that even in legendary fables learned men have handed down the story, that he, who for the sake of avenging his father had killed his mother, when the opinions of men varied, was acquitted not only by the voices of the gods, but even by the very wisest goddess.

> Latin: 8. est quisquam qui hoc ignoret, cum de homine occiso quaeratur, aut negari solere omnino esse factum aut recte et iure factum esse defendi? Nisi vero existimatis dementem P. Africanum fuisse qui, cum a C. Carbone tribuno plebis seditiose in contione interrogaretur quid de Ti. Gracchi morte sentiret, responderit iure caesum videri. enim posset aut Ahala ille Servilius aut P. Nasica aut L. Opimius aut C. Marius aut me consule senatus non nefarius haberi, si sceleratos civis interfici nefas esset. hoc, iudices, non sine causa etiam fictis fabulis doctissimi homines memoriae prodiderunt, eum qui patris ulciscendi causa matrem necavisset variatis hominum sententiis non solum divina sed etiam sapientissimae deae sententia liberatum.

[¶8] 9. And if the Twelve Tables have permitted that a nightly robber may be slain any way, but a robber by day if he defends himself, with a weapon, who is there who can think a man to be punished for slaying another, in whatever way he is slain, when he sees that sometimes a sword to kill a man with is put into our bands by the very laws themselves? But if there be any occasion on which it is proper to slay a man,—and there are many such,—surely that occasion is not only a just one, but even a necessary one, when violence is offered, and can only be repelled by violence. When a military tribune offered violence to a soldier in the army of Caius Marius, the kinsman of that commander was slain by the man whom he was insulting; for the virtuous youth chose to act though with danger, rather than to suffer infamously; and his illustrious commander acquitted him of all guilt, and treated him well.

> Latin: 9. si xii tabulae nocturnum furem quoquo modo, diurnum autem, si se telo defenderet, interfici impune voluerunt, quis est qui, quoquo modo quis interfectus sit, puniendum putet, cum videat aliquando gladium nobis ad hominem occidendum ab ipsis porrigi legibus?, si tempus est ullum iure hominis necandi, quae multa sunt, certe illud est non modo iustum verum etiam necessarium, cum vi vis inlata defenditur. cum eriperet militi tribunus militaris in exercitu C. Mari, propinquus eius imperatoris, interfectus ab eo est cui vim adferebat; facere enim probus adulescens periculose quam perpeti turpiter maluit. hunc ille summus vir scelere solutum periculo liberavit.

[¶9] 10. But what death can be unjust when inflicted on a secret plotter and robber? What is the meaning of our retinues, what of our swords? Surely it would never be permitted to us to have them if we might never use them. This, therefore, is a law, O judges, not written, but born with us,—which we have not learnt or received by tradition, or read, but which we have taken and sucked in and imbibed from nature herself; a law which we were not taught but to which we were made,—which we were not trained in, but which is ingrained in us,—namely, that if our life be in danger from plots, or from open violence, or from the weapons of robbers or enemies, every means of securing our safety is honourable.

> Latin: 10. vero et latroni quae potest inferri iniusta nex? comitatus nostri, quid gladii volunt? quos habere certe non liceret, si uti illis nullo pacto liceret. igitur haec, iudices, non scripta, sed nata lex, quam non didicimus, accepimus, legimus, verum ex natura ipsa adripuimus, hausimus, expressimus, ad quam non docti sed facti, non instituti sed imbuti sumus, ut, si vita nostra in aliquas insidias, si in vim et in tela aut latronum aut inimicorum incidisset, omnis honesta ratio esset expediendae salutis.

[¶10] 11. For laws are silent when arms are raised, and do not expect themselves to be waited for, when he who waits will have to suffer an undeserved penalty before he can exact a merited punishment. The law very wisely, and in a manner silently, gives a man a right to defend himself, and does not merely forbid a man to be slain, but forbids any one to leave a weapon about him with the object of slaying a man; so that as the object and not the weapon itself, is made the subject of the inquiry, the man who had used a weapon with the object of defending himself would be decided not to have had his weapon about him with the object of killing a man. Let, then, this principle remembered by you in this trial, O judges; for I do not doubt that I shall make good my defence before you, if you only remember—what you cannot forget—that a plotter against one may be lawfully slain.

> Latin: 11. enim leges inter arma nec se exspectari iubent, cum ei qui exspectare velit ante iniusta poena luenda sit quam iusta repetenda. persapienter et quodam modo tacite dat ipsa lex potestatem defendendi, quae non hominem occidi, sed esse cum telo hominis occidendi causa vetat, ut, cum causa, non telum quaereretur, qui sui defendendi causa telo esset usus, non hominis occidendi causa habuisse telum iudicaretur. hoc maneat in causa, iudices; non enim dubito quin probaturus sim vobis defensionem meam, si id memineritis quod oblivisci non potestis insidiatorem interfici iure posse.

[¶11] 12. The next point is one which is often asserted by the enemies of Milo, who say that the senate has decided that the slaughter by which Publius Clodius fell was contrary to the interests of the republic. But, in fact, the senate has approved, not merely by their votes, but even zealously. For how often has that cause been pleaded by us in the senate? with what great assent of the whole body? and that no silent nor concealed assent; for when in a very full senate were there ever four or five men found who did not espouse Milo's cause? Those lifeless assemblies of this nearly burnt tribune of the people show the fact; assemblies in which he daily used to try and bring my power into unpopularity, by saying that the senate did not pass its decrees according to what it thought itself, but as I chose. And if, indeed, that ought to be called power, rather than a moderate influence in a righteous cause on account of great services done to the republic, or some popularity among the good on account of dutiful labours for its sake, let it be called so, as long as we employ it for the safety of the good in opposition to the madness of the wicked.

> Latin: 12. illud quod a Milonis inimicis saepissime dicitur, caedem in qua P. Clodius occisus esset senatum iudicasse contra rem publicam esse factam. vero senatus non sententiis suis solum sed etiam studiis comprobavit. enim est illa causa a nobis acta in senatu, quibus adsensionibus universi ordinis, quam nec tacitis nec occultis! enim frequentissimo senatu quattuor aut summum quinque sunt inventi qui Milonis causam non probarent? huius ambusti tribuni plebis illae intermortuae contiones quibus cotidie meam potentiam invidiose criminabatur, cum diceret senatum non quod sentiret sed quod ego vellem decernere. quidem si potentia est appellanda potius quam propter magna in rem publicam merita mediocris in bonis causis auctoritas aut propter hos officiosos labores meos non nulla apud bonos gratia, appelletur ita sane, dum modo ea nos utamur pro salute bonorum contra amentiam perditorum.

[¶12] 13. But this investigation though it is not an unjust one, yet is not one which the senate thought ought to be ordered, for there were regular laws and forms of trial for murder or for assault; nor did the death of Publius Clodius cause the senate such concern and sorrow that any new process of investigation need have been appointed for when the senate had had the power of decreeing a trial in the matter of that impious pollution of which he was guilty taken from it, who can believe it thought it necessary to appoint a new form of trial about his death? Why then did the senate decide that this burning of the senate house, this siege laid to the house of Marcus Lepidus, and this very homicide had taken place contrary to the interest of the republic? Why, because no violence from one citizen to another can ever take place in a free state which is not contrary to the interests of the republic.

> Latin: 13. vero quaestionem, etsi non est iniqua, numquam tamen senatus constituendam putavit; erant enim leges, erant quaestiones vel de caede vel de vi, nec tantum maerorem ac luctum senatui mors P. Clodi adferebat ut nova quaestio constitueretur. enim de illo incesto stupro iudicium decernendi senatui potestas esset erepta, de eius interitu quis potest credere senatum iudicium novum constituendum putasse? igitur incendium curiae, oppugnationem aedium M. Lepidi, caedem hanc ipsam contra rem publicam senatus factam esse decrevit? nulla vis umquam est in libera civitate suscepta inter civis non contra rem publicam— non enim est ulla defensio contra vim umquam optanda, sed non numquam est necessaria,—nisi vero aut ille dies quo Ti.

[¶13] 14. For the defending of oneself against violence is never a thing to be wished for; but it is sometimes necessary, unless, indeed, one could say that that day on which Tiberius Gracchus was slain, or that day when Caius was, or the day when the arms of Saturninus were put down, even if they ended as the welfare of the republic demanded, were yet no wound and injury to the republic. Therefore I myself voted, when it was notorious that a homicide had taken place on the Appian road, not that he who had defended himself had acted in a manner contrary to the interests of the republic; but as there was violence and treachery in the business, I reserved the charge for trial, I expressed my disapprobation of the business. And if the senate had not been hindered by that frantic tribune from executing its wishes, we should not now have this novel trial. For the senate voted that an extraordinary investigation should take place according to the ancient laws. A division took place, it does not signify on whose motion, for it is not necessary to mention the worthlessness of every one, and so the rest of the authority of the senate was destroyed by this corrupt intercession.

> Latin: 14. Gracchus est caesus, aut ille quo Gaius, aut arma Saturnini non, etiam si e re publica oppressa sunt, rem publicam tamen volnerarunt. ego ipse decrevi, cum caedem in via Appia factam esse constaret, non eum qui se defendisset contra rem publicam fecisse, sed, cum inesset in re vis et insidiae, crimen iudicio reservavi, rem notavi. si per furiosum illum tr. tribunum pl. plebis senatui quod sentiebat perficere licuisset, novam quaestionem nullam haberemus. enim ut veteribus legibus, tantum modo extra ordinem, quaereretur. sententia est postulante nescio quo—nihil enim necesse est omnium me flagitia proferre —sic reliqua auctoritas senatus empta intercessione sublata est.

[¶14] 15. “Oh, but Cnaeus Pompeius, by his bill, gave his decision both about the fact and about the cause. For he brought in a bill about the homicide which had taken place on the Appian road, in which Publius Clodius was slain.” What then did he propose? That an inquiry should be made. What is to be inquired about? Whether it was committed? That is clear. By whom? That is notorious. He saw that a defence as to the law and right could be undertaken, even at the very moment of the confession of the act. But if he had not seen that he who confessed might yet be acquitted, when he saw that we did not confess the fact he would never have ordered an investigation to take place, nor would he have given you at this trial the power of acquitting as well as that of condemning. But it seems to me that Cnaeus Pompeius not only delivered no decision at all unfavourable to Milo, but that he also pointed out what you ought to turn your attention to in deciding. For he who did not assign a punishment to the confession, but required a defence of it, he clearly thought that what was inquired into was the cause of the death and not the mere fact of the death Now he himself shall tell us whether what he did of his own accord was done out of regard for Publius Clodius, or from a compliance with the times.

> Latin: 15. enim Cn. Pompeius rogatione sua et de re et de causa iudicavit: tulit enim de caede quae in Appia via facta esset, in qua P. Clodius occisus esset. ergo tulit? ut quaereretur. porro quaerendum est? factumne sit? constat. A quo? paret. igitur etiam in confessione facti iuris tamen defensionem suscipi posse. nisi vidisset, posse absolvi eum qui fateretur, cum videret nos fateri, neque quaeri umquam iussisset nec vobis tam hanc salutarem in iudicando litteram quam illam tristem dedisset. vero Cn. Pompeius non modo nihil gravius contra Milonem iudicasse sed etiam statuisse videtur quid vos in iudicando spectare oporteret. qui non poenam confessioni, sed defensionem dedit, is causam interitus quaerendam, non interitum putavit.

[¶15] 16. A most noble man, a bulwark, and in those times, indeed, almost a protector of the senate, the uncle of this our judge, of that most fearless man Marcus Cato, Marcus Drusus, a tribune of the people, was slain in his own house. The people had never any reference made to them in the matter of his death, no investigation was voted by the senate. What great grief was there, as we have heard from our forefathers in this city, when that attack was made by night on Publius Africanus, while sleeping in his own house! Who was there then who did not groan, who did not burn with indignation, that men should not have waited even for the natural and inevitable death of that man whom, if possible, all would have wished to be immortal? Was there then any extraordinary investigation into the death of Africanus voted? Certainly none. Why so?

> Latin: 16. illud ipse dicet profecto quod sua sponte fecit, Publione Clodio tribuendum putarit an tempori. suae nobilissimus vir, senatus propugnator atque illis quidem temporibus paene patronus, avunculus huius iudicis nostri fortissimi viri, M. Catonis, tribunus plebis M. Drusus occisus est. de eius morte populus consultus est, nulla quaestio decreta a senatu est. luctum fuisse in hac urbe a nostris patribus accepimus, cum P. Africano domi suae quiescenti illa nocturna vis esset inlata? tum non ingemuit, quis non arsit dolore, quem immortalem, si fieri posset, omnes esse cuperent, eius ne necessariam quidem exspectatam esse mortem? igitur ulla quaestio de Africani morte lata est? nulla.

[¶16] 17. Because the crime of murder is not different when eminent men, or when obscure ones are slain. Let there be a difference between the dignity of the lives of the highest and lowest citizens. If their death be wrought by wickedness, that must be avenged by the same laws and punishments in either case; unless, indeed, he is more a parricide who murders a father of consular rank than he who murders one of low degree; or, as if the death of Publius Clodius is to be more criminal because he was slain among the monuments of his ancestors,—for this is constantly said by that party; as if, I suppose, that illustrious Appius Caecus made that road, not that the nation might have a road to use, but that his own posterity might have a place in which to rob with impunity.

> Latin: 17. ita? non alio facinore clari homines, alio obscuri necantur. inter vitae dignitatem summorum atque infimorum; mors quidem inlata per scelus isdem et poenis teneatur et legibus. Nisi forte magis erit parricida, si qui consularem patrem quam si qui humilem necarit, aut eo mors atrocior erit P. Clodi quod is in monumentis maiorum suorum sit interfectus —hoc enim ab istis saepe dicitur— proinde quasi Appius ille Caecus viam munierit, non qua populus uteretur, sed ubi impune sui posteri latrocinarentur!

[¶17] 18. Therefore in that same Appian road, when Publius Clodius had slain a most accomplished Roman knight, Marcus Papirius, that crime was not to be punished; for a nobleman among his own family monuments had slain a Roman knight. Now what tragedies does the name of that same Appian road awaken? which, though nothing was said about it formerly, when stained with the murder of an honourable and innocent man, is now incessantly mentioned ever since it has been dyed with the blood of a robber and a parricide. But why do I speak of these things? A slave of Publius Clodius was arrested in the temple of Castor; whom he had placed there to murder Cnaeus Pompeius; the dagger was wrested from his hands and he confessed his design; after that Pompeius absented himself from the forum, absented himself from the senate, and from all public places; he defended himself within his own doors and walls, not by the power of the laws and tribunals.

> Latin: 18. in eadem ista Appia cum ornatissimum equitem Romanum P. Clodius M. Papirium occidisset, non fuit illud facinus puniendum—homo enim nobilis in suis monumentis equitem Romanum occiderat—nunc eiusdem Appiae nomen quantas tragoedias excitat! cruentata antea caede honesti atque innocentis viri silebatur, eadem nunc crebro usurpatur, postea quam latronis et parricidae sanguine imbuta est. quid ego illa commemoro? est in templo Castoris servus P. Clodi, quem ille ad Cn. Pompeium interficiendum conlocarat. est ei confitenti sica de manibus. foro postea Pompeius, caruit senatu, caruit publico; ianua se ac parietibus, non iure legum iudiciorumque texit.

[¶18] 19. Was any motion made? was any extraordinary investigation voted? But if any circumstance, if any man, if any occasion was ever important enough for such a step, certainly all these things were so in the greatest degree in that cause. The assassin had been stationed in the forum, and in the very vestibule of the senate. Death was being prepared for that man on whose life the safety of the senate depended. Moreover, at that crisis of the republic, when, if he alone had died, not only this state, but all the nations in the world would have been ruined, —unless, indeed, the crime was not to be punished because it was not accomplished, just as if the execution of crimes was chastised by the laws, and not the intentions of men,—certainly there was less cause to grieve, as the deed was not accomplished, but certainly not a whit the less cause to punish.

> Latin: 19. quae rogatio lata, num quae nova quaestio decreta est? si res, si vir, si tempus ullum dignum fuit, certe haec in illa causa summa omnia fuerunt. erat in foro conlocatus atque in vestibulo ipso senatus; ei viro autem mors parabatur cuius in vita nitebatur salus civitatis; eo porro rei publicae tempore quo, si unus ille occidisset, non haec solum civitas sed gentes omnes concidissent. Nisi vero, quia perfecta res non est, non fuit punienda, proinde quasi exitus rerum, non hominum consilia legibus vindicentur. dolendum fuit re non perfecta, sed puniendum certe nihilo minus.

[¶19] 20. How often, O judges, have I myself escaped from the weapons and from the bloody hands of Publius Clodius! But if my good fortune, or that of the republic, had not preserved me from them, who would have proposed any investigation into my death But it is foolish of us to dare to compare Drusus, Africanus, Pompeius or ourselves with Publius Clodius. All these things were endurable. The death of Publius Clodius no one can bear with equanimity. The senate is in mourning; the knights grieve, the whole state is broken down as if with age; the municipalities are in mourning, the colonies are bowed down; the very fields even regret so beneficent, so useful, so kind hearted a citizen!

> Latin: 20. ego ipse, iudices, ex P. Clodi telis et ex cruentis eius manibus effugi! ex quibus si me non vel mea vel rei publicae fortuna servasset, quis tandem de interitu meo quaestionem tulisset? stulti sumus qui Drusum, qui Africanum, Pompeium, nosmet ipsos cum P. Clodio conferre audeamus. fuerunt illa: P. Clodi mortem aequo animo ferre nemo potest. senatus, maeret equester ordo, tota civitas confecta senio est, squalent municipia, adflictantur coloniae, agri denique ipsi tam beneficum, tam salutarem, tam mansuetum civem desiderant.

[¶20] 21. That was not the cause, O judges, it was not indeed why Pompeius thought an investigation ought to be proposed by him; but being a man wise and endowed with lofty and almost divine intellect, he saw many things, that Clodius was his personal enemy, Milo his intimate friend; he feared that if he were to rejoice in the common joy of all men the belief in his reconciliation with Clodius would be weakened. He saw many other things, too, but this most especially,—that in whatever terms of severity he proposed the motion, still you could decide fearlessly. Therefore he selected the very lights of the most eminent ranks of the state. He did not, indeed as some are constantly saying, exclude my friends in selecting the tribunal; for neither did that most just man think of this, nor, when he was selecting good men, could he have managed to do so, even had he wished for my influence would not be limited by my intimacies which can never be very extensive, because one cannot associate habitually with many people, but, if we have any influence, we have it on this account, because the republic has associated us with the virtuous; and when he was selecting the most excellent of them, and as he thought that it especially concerned his credit to do so, he was unable to avoid selecting men who were well disposed towards me.

> Latin: 21. fuit ea causa, iudices, profecto, non fuit cur sibi censeret Pompeius quaestionem ferendam, sed homo sapiens atque alta et divina quadam mente praeditus multa vidit: fuisse illum sibi inimicum, familiarem Milonem; in communi omnium laetitia si etiam ipse gauderet, timuit ne videretur infirmior fides reconciliatae gratiae. etiam alia vidit, sed illud maxime, quamvis atrociter ipse tulisset, vos tamen fortiter iudicaturos. delegit ex florentissimis ordinibus ipsa lumina, neque vero, quod non nulli dictitant, secrevit in iudicibus legendis amicos meos. enim hoc cogitavit vir iustissimus, neque in bonis viris legendis id adsequi potuisset, etiam si cupisset. enim mea gratia familiaritatibus continetur, quae late patere non possunt, propterea quod consuetudines victus non possunt esse cum multis; sed, si quid possumus, ex eo possumus quod res publica nos coniunxit cum bonis. quibus ille cum optimos viros legeret idque maxime ad fidem suam pertinere arbitraretur, non potuit legere non studiosos mei.

[¶21] 22. But as for his especially appointing you, O Lucius Domitius, to preside over this investigation, in that he was seeking nothing except justice, dignity, humanity and good faith. He passed a law that it must be a man of consular dignity, because, I suppose, he considered the duty of the men or the highest rank to resist both the fickleness of the multitude and the rashness of the profligate; and of the men of consular rank he selected you above all; for from your earliest youth you had given the most striking proofs how you despised the madness of the people.

> Latin: 22. vero te, L. Domiti, huic quaestioni praeesse maxime voluit, nihil quaesivit aliud nisi iustitiam, gravitatem, humanitatem, fidem. ut consularem necesse esset: credo, quod principum munus esse ducebat resistere et levitati multitudinis et perditorum temeritati. consularibus te creavit potissimum: dederas enim quam contemneres popularis insanias iam ab adulescentia documenta maxima.

[¶22] 23. Wherefore, O judges, that we may at last come to the subject of action and the accusation, if it is neither the case that all avowal of the deed is unprecedented, nor that anything has been determined about our cause by the senate differently to what we could wish; and if the proposer of the law himself, when there was no dispute as to the deed, yet thought that there should be a discussion as to the law; and if the judges had been chosen, and a man appointed to preside over the investigation, to decide these matters justly and wisely; it follows, O judges, that you have now nothing else to inquire into but which plotted against the other; and that you may the more easily discern this, attend carefully, I entreat you, while I briefly explain to you the matter as it occurred.

> Latin: 23. ob rem, iudices, ut aliquando ad causam crimenque veniamus, si neque omnis confessio facti est inusitata, neque de causa nostra quicquam aliter ac nos vellemus a senatu iudicatum est, et lator ipse legis, cum esset controversia nulla facti, iuris tamen disceptationem esse voluit, et ei lecti iudices, isque praepositus ⟨est⟩ quaestioni qui haec iuste sapienterque disceptet, reliquum est, iudices, ut nihil iam quaerere aliud debeatis nisi uter utri insidias fecerit. quo facilius argumentis perspicere possitis, rem gestam vobis dum breviter expono, quaeso, diligenter attendite.

[¶23] 24. When Publius Clodius had determined to distress the republic by all sorts of wickedness during his praetorship, and saw that the comitia were so delayed the year before, that he would not be able to continue his praetorship many months, as he had no regard to the degree of honour, as others have, but both wished to avoid having Lucius Paullus, a citizen of singular virtue, for his colleague, and also to have an entire year to mangle the republic; on a sudden he abandoned his own year, and transferred himself to the next year, not from any religious scruple, but that he might have, as he said himself, a full and entire year to act as praetor, that is, to overthrow the republic.

> Latin: 24. P. Clodius, cum statuisset omni scelere in praetura vexare rem publicam videretque ita tracta esse comitia anno superiore ut non multos mensis praeturam gerere posset, qui non honoris gradum spectaret, ut ceteri, sed et L. Paulum conlegam effugere vellet, singulari virtute civem, et annum integrum ad dilacerandam rem publicam quaereret, subito reliquit annum suum seseque in proximum transtulit, non, ut fit, religione aliqua, sed ut haberet, quod ipse dicebat, ad praeturam gerendam, hoc est ad evertendam rem publicam, plenum annum atque integrum.

[¶24] 25. It occurred to him that his praetorship would be crippled and powerless, if Milo was consul; and, moreover, he saw that he was being made consul with the greatest unanimity of the Roman people. He betook himself to his competitors, but in such a manner that he alone managed the whole election, even against their will,—that he supported on his own shoulders, as he used to say, the whole comitia,—he convoked the tribes,—he interposed,—he erected a new Colline tribe by the enrolment of the most worthless of the citizens. In proportion as the one caused greater confusion, so did the other acquire additional power every day. When the fellow, prepared for every atrocity, saw that a most brave man, his greatest enemy, was a most certain consul, and that that was declared, not only by the conversation of the Roman people, but also by their votes, he began to act openly, and to say without disguise that Milo must be slain.

> Latin: 25. ei mancam ac debilem praeturam futuram suam consule Milone; eum porro summo consensu populi Romani consulem fieri videbat. se ad eius competitores, sed ita totam ut petitionem ipse solus etiam invitis illis gubernaret, tota ut comitia suis, ut dictitabat, umeris sustineret. tribus, se interponebat, Collinam novam dilectu perditissimorum civium conscribebat. ille plura miscebat, tanto hic magis in dies convalescebat. Vbi vidit homo ad omne facinus paratissimus fortissimum virum, inimicissimum suum, certissimum consulem, idque intellexit non solum sermonibus, sed etiam suffragiis populi Romani saepe esse declaratum, palam agere coepit et aperte dicere occidendum Milonem.

[¶25] 26. He had brought down from the Apennines rustic and barbarian slaves, whom you saw, with whom he had ravaged the public woods and Etruria. The matter was not concealed at all. In truth he used to say undisguisedly that the consulship could not be taken from Milo, but that life could. He often hinted as much in the senate he said it plainly in the public assembly. Besides, when Favonius, a brave man, asked him what he hoped for by giving way to such madness while Milo was alive? he answered him, that in three, or at most in four days, he would be dead. And this saying of his Favonius immediately reported to Marcus Cato, who is here present.

> Latin: 26. agrestis et barbaros, quibus silvas publicas depopulatus erat Etruriamque vexarat, ex Appennino deduxerat, quos videbatis. erat minime obscura. dictitabat palam consulatum Miloni eripi non posse, vitam posse. hoc saepe in senatu, dixit in contione; quin etiam ⟨M.⟩ Favonio, fortissimo viro, quaerenti ex eo qua spe fureret Milone vivo, respondit triduo illum aut summum quadriduo esse periturum; quam vocem eius ad hunc M. Catonem statim Favonius detulit.

[¶26] 27. In the meantime, as Clodius knew—and it was not hard to know it—that Milo was forced to take a yearly, legitimate, necessary journey on the twentieth of January to Lanuvium to appoint a priest, because Milo was dictator of Lanuvium, on a sudden he himself left Rome the day before, in order (as was seen by the event) to lay an ambush for Milo in front of his farm; and he departed, so that he was not present at a turbulent assembly in which his madness was greatly missed, and which was held that very day, and from which he never would have been absent if he had not desired to avail himself of the place and opportunity for a crime.

> Latin: 27. cum sciret Clodius—neque enim erat id difficile scire a Lanuvinis —iter sollemne, legitimum, necessarium ante diem xiii Kalendas Februarias Miloni esse Lanuvium ad flaminem prodendum, quod erat dictator Lanuvi Milo, Roma subito ipse profectus pridie est ut ante suum fundum, quod re intellectum est, Miloni insidias conlocaret; atque ita profectus est ut contionem turbulentam in qua eius furor desideratus est, quae illo ipso die habita est, relinqueret, quam, nisi obire facinoris locum tempusque voluisset, numquam reliquisset.

[¶27] 28. But Milo, as he had been that day in the senate till it was dismissed, came home, changed his shoes and his garments, waited a little, as men do, while his wife was getting ready, and then started at the time when Clodius might have returned, if, indeed, he had been coming to Rome that day. Clodius meets him unencumbered on horseback, with no carriage, with no baggage, with no Greek companions, as he was used to, without his wife, which was scarcely ever the case; while this plotter, who had taken, forsooth, that journey for the express purpose of murder, was driving with his wife in a carriage, in a heavy travelling cloak, with abundant baggage, and a delicate company of women, and maidservants, and boys.

> Latin: 28. Milo autem cum in senatu fuisset eo die quoad senatus est dimissus, domum venit, calceos et vestimenta mutavit, paulisper, dum se uxor, ut fit, comparat, commoratus est, dein profectus id temporis cum iam Clodius, si quidem eo die Romam venturus erat, redire potuisset. fit ei Clodius, expeditus, in equo, nulla raeda, nullis impedimentis, nullis Graecis comitibus, ut solebat, sine uxore, quod numquam fere: cum hic insidiator, qui iter illud ad caedem faciendam apparasset, cum uxore veheretur in raeda, paenulatus, magno et impedito et muliebri ac delicato ancillarum puerorumque comitatu.

[¶28] 29. He meets Clodius in front of his farm, about the eleventh hour, or not far from it. Immediately a number of men attack him from the higher ground with missile weapons. The men who are in front kill his driver, and when he had jumped down from his chariot and flung aside his cloak, and while he was defending himself with vigorous courage, the men who were with Clodius drew their swords, and some of them ran back towards his chariot in order to attack Milo from behind, and some, because they thought that he was already slain, began to attack his servants who were behind him; and those of the servants who had presence of mind to defend themselves, and were faithful to their master, were some of them slain, and the others, when they saw a fierce battle taking place around the chariot, and as they were prevented from getting near their master so as to help him, when they heard Clodius himself proclaim that Milo was slain, and they thought that it was really true, they, the servants of Milo, (I am not speaking for the purpose of shifting the guilt onto the shoulders of others, but I am saying what really occurred,) did, without their master either commanding it, or knowing it, or even being present to see it, what every one would have wished his servants to do in a similar case.

> Latin: 29. obviam Clodio ante fundum eius hora fere undecima aut non multo secus. complures cum telis in hunc faciunt de loco superiore impetum; adversi raedarium occidunt. autem hic de raeda reiecta paenula desiluisset seque acri animo defenderet, illi qui erant cum Clodio gladiis eductis, partim recurrere ad raedam ut a tergo Milonem adorirentur, partim, quod hunc iam interfectum putarent, caedere incipiunt eius servos qui post erant; ex quibus qui animo fideli in dominum et praesenti fuerunt, partim occisi sunt, partim, cum ad raedam pugnari viderent, domino succurrere prohiberentur, Milonem occisum et ex ipso Clodio audirent et re vera putarent, fecerunt id servi Milonis—dicam enim aperte non derivandi criminis causa, sed ut factum est—nec imperante nec sciente nec praesente domino, quod suos quisque servos in tali re facere voluisset.

[¶29] 30. These things were all done, O judges, just as I have related them. The man who laid the plot was defeated; violence was defeated by violence; or, I should rather say, audacity was crushed by valour. I say nothing about what the republic, nothing about what you, nothing about what all good men gained by the result. I do not desire it to be any advantage to me to hear that he was born with such a destiny that he was unable even to save himself, without at the same time saving the republic and all of you. If he had not a right to do so, then I have nothing which I can urge in his defence. But if both reason has taught this lesson to learned men, and necessity to barbarians, and custom to all nations, and nature itself to the beasts, that they are at all times to repel all violence by whatever means they can from their persons, from their liberties, and from their lives, then you cannot decide this action to have been wrong, without deciding at the same time that all men who fall among thieves must perish, either by their weapons, or by your sentence.

> Latin: 30. sicuti exposui ita gesta sunt, iudices: insidiator superatus est, vi victa vis vel potius oppressa virtute audacia est. dico quid res publica consecuta sit, nihil quid vos, nihil quid omnes boni: nihil sane id prosit Miloni, qui hoc fato natus est ut ne se quidem servare potuerit quin una rem publicam vosque servaret. id iure fieri non potuit, nihil habeo quod defendam. hoc et ratio doctis et necessitas barbaris et mos gentibus et feris natura ipsa praescripsit ut omnem semper vim quacumque ope possent a corpore, a capite, a vita sua propulsarent, non potestis hoc facinus improbum iudicare quin simul iudicetis omnibus qui in latrones inciderint aut illorum telis aut vestris sententiis esse pereundum.

[¶30] 31. And if he had thought that this was the law, it would have been preferable for Milo to offer his throat to Publius Clodius,—which was not attacked by him once only, nor for the first time on that day,—rather than now to be destroyed by you because he did not surrender himself then to be destroyed by him. But if there is no one of you who entertains such an opinion as that, then the question which arises for the consideration of the court is not whether he was slain or not which we admit but whether he was slain legally or illegally, which is an inquiry which has often been instituted in any causes. It is quite plain that a plot was laid and that if a thing which the senate has decided to be contrary to the laws of the republic. By whom it was laid is a question. And on this point an inquiry has been ordered to be instituted. So the senate has marked its disapproval of the fact not of the man; and Pompeius has appointed this inquiry into the merits of the case and not into the fact of its existence. Does then any other point arise for the decision of the court, except this one,—which laid a plot against the other? None whatever. The case comes before you in this way, that if Milo laid a plot against Clodius, then he is not to be let off with impunity. If Clodius laid it against Milo, then we are acquitted from all guilt.

> Latin: 31. si ita putasset, certe optabilius Miloni fuit dare iugulum P. Clodio, non semel ab illo neque tum primum petitum, quam iugulari a vobis, quia se non iugulandum illi tradidisset. hoc nemo vestrum ita sentit, illud iam in iudicium venit, non occisusne sit, quod fatemur, sed iure an iniuria, quod multis in causis saepe quaesitum est. factas esse constat, et id est quod senatus contra rem publicam factum iudicavit; ab utro factae sint incertum est. hoc igitur latum est ut quaereretur. et senatus rem, non hominem notavit et Pompeius de iure, non de facto quaestionem tulit. quid igitur aliud in iudicium venit nisi uter utri insidias fecerit? nihil: si hic illi, ut ne sit impune; si ille huic, tum nos scelere solvamur.

[¶31] 32. How then are we to prove that Clodius laid a plot against Milo? It is quite sufficient in the case of such a wicked, of such an audacious monster as that, to prove that he had great reason to do so; that he had great hopes founded on Milo's death; that it would have been of the greatest service to him. Therefore, that maxim of Cassius, to see to whose advantage it was, may well have influence in respect of these persons. For although good men cannot be induced to commit crimes by any advantage whatever, wicked men often can by a very trifling one. And, if Milo were slain, Clodius gained this, not only that he should be praetor without having him for a consul, under whom he would not be able to commit any wickedness, but also that he should have those men for consuls while he was praetor, who, if they did not aid him, would at all events connive at all his proceedings to such an extent that he hoped he should be able to escape detection in all the frantic actions which he was contemplating; as they (so he argued to himself) would not even if they were able to do so, be anxious to check his attempts when they considered that they were under such obligations to him; and on the other hand, if they did wish to do so, perhaps they would hardly be able to crush the audacity of that most wicked man when it got strength by its long continuance. Are you, O judges, the only persons ignorant of all this?

> Latin: 32. igitur pacto probari potest insidias Miloni fecisse Clodium? est in illa quidem tam audaci, tam nefaria belua docere, magnam ei causam, magnam spem in Milonis morte propositam, magnas utilitates fuisse. illud Cassianum “cui bono fuerit ” in his personis valeat, etsi boni nullo emolumento impelluntur in fraudem, improbi saepe parvo. Milone interfecto Clodius haec adsequebatur, non modo ut praetor esset non eo consule quo sceleris facere nihil posset sed etiam ut eis consulibus praetor esset quibus si non adiuvantibus, at coniventibus certe speraret se posse eludere in illis suis cogitatis furoribus: cuius illi conatus, ut ipse ratiocinabatur, nec cuperent reprimere, si possent, cum tantum beneficium ei se debere arbitrarentur, et, si vellent, fortasse vix possent frangere hominis sceleratissimi conroboratam iam vetustate audaciam.

[¶32] 33. Are you living in this city as ignorant of what passes as if you were visitors? Are your ears all abroad, do they keep aloof from all the ordinary topics of conversation of the city, as to what laws (if, indeed, they are to be called laws, and not rather firebrands to destroy the city, pestilences to annihilate the republic) that man was intending to impose upon all of us, to brand on our foreheads? Exhibit, I beg you, Sextus Clodius, produce, I beg, that copy of your laws which they say that you saved from your house, and from the middle of the armed band which threatened you by night and bore aloft, like another palladium, in order, forsooth, to be able to carry that splendid present that instrument for discharging the duties of the tribuneship, to some one, if you could obtain his election, who would discharge those duties according to your directions. And … [he was going to divide the freedmen among all the tribes, and by his new law to add all the slaves who were going to be emancipated, but who had not yet received their freedom, so that they might vote equally with the free citizens.] Would he have dared to make mention of this law, which Sextus Clodius boasts was devised by him, while Milo was alive, not to say while he was consul? For of all of us I cannot venture to say all that I was going to say. But you consider what enormous faults the law itself must have had, when the mere mention of it for the purpose of finding fault with it is so offensive. And he looked at me with the expression of countenance which he was in the habit of putting on when he was threatening everybody with every sort of calamity. That light of the senate-house moves me. What? do you suppose, O Sextus, that I am angry with you; I, whose greatest enemy you have punished with even much greater severity than my humanity could resolve to demand? You cast the bloody carcass of Publius Clodius out of the house, you threw it out into the public street, you left it destitute of all images, of all funeral rites, of all funeral pomp, of all funeral panegyric, half consumed by a lot of miserable dogs, to be torn to pieces by the dogs who nightly prowl about the streets. Wherefore, although in so doing you acted most impiously, still you were wreaking all your enemy on my enemy; though I cannot praise you, I certainly ought not to be angry with you. … [You have heard, judges, how much it was in Clodius's interest] that Milo should be slain.

> Latin: 33. vero, iudices, vos soli ignoratis, vos hospites in hac urbe versamini, vestrae peregrinantur aures neque in hoc pervagato civitatis sermone versantur, quas ille leges, si leges nominandae sunt ac non faces urbis, pestes rei publicae, fuerit impositurus nobis omnibus atque inusturus?, exhibe, quaeso, Sexte Clodi, librarium illud legum vestrarum quod te aiunt eripuisse e domo et ex mediis armis turbaque nocturna tamquam Palladium sustulisse, ut praeclarum videlicet munus atque instrumentum tribunatus ad aliquem, si nactus esses, qui tuo arbitrio tribunatum gereret, deferre posses. aspexit me illis quidem oculis quibus tum solebat cum omnibus omnia minabatur. me quippe lumen curiae!? tu me tibi iratum, Sexte, putas, cuius tu inimicissimum multo crudelius etiam punitus es, quam erat humanitatis meae postulare? P. Clodi cruentum cadaver eiecisti domo, tu in publicum abiecisti, tu spoliatum imaginibus, exsequiis, pompa, laudatione, infelicissimis lignis semiustilatum nocturnis canibus dilaniandum reliquisti. re, etsi nefarie fecisti, tamen, quoniam in meo inimico crudelitatem exprompsisti tuam, laudare non possum, irasci certe non debeo.

[¶33] 34. Now turn your attention to Milo. What advantage could it be to Milo that Clodius should be slain? What reason was there why Milo, I will not say should do such an action, but should even wish for his death? Oh, Clodius was an obstacle to Milo's hope of obtaining the consulship. But he was obtaining it in spite of him. Yes, I might rather say be was obtaining it all the more because Clodius was opposing him, nor in fact was I a more efficient support to him than Clodius was. The recollection, O judges, of the services which Milo had done to me and to the republic had weight with you. My entreaties and my tears with which I perceived at that time that you were greatly moved had weight with you, but still more weight had your own fear of the dangers which were impending. For who of the citizens was there who could turn his eyes to the unrestrained praetorship of Publius Clodius, without feeling the greatest dread of a revolution? and unrestrained you saw that it would be unless you had a consul who had both courage and power to restrain him, and as the whole Roman people saw that Milo alone was that man, who could hesitate by his vote to release himself from fear and the republic from danger? But now that Clodius is removed, Milo has got to labour by more ordinary practices to preserve his dignity. That preeminent glory which was then attributed to him alone, and which was daily increasing in consequence of his efforts to repress the frenzy of Clodius, has been put an end to by the death of Clodius. You have gained your object of being no longer afraid of any one of the citizens; he has lost that incessant arena for his valour, that which procured him votes for the consulship, that ceaseless and ever-springing fountain of his glory. Therefore, Milo's canvass for the consulship, which could not be hindered from prospering while Clodius was alive, now, the moment that he is dead, is attempted to be checked. So that the death of Clodius is not only no advantage, but is even a positive injury to Milo.

> Latin: 34. ⟨Audistis, iudices, quantum Clodi inter⟩fuerit occidi Milonem: convertite animos nunc vicissim ad Milonem. Milonis intererat interfici Clodium? quid erat cur Milo non dicam admitteret, sed optaret? “in spe consulatus Miloni Clodius.” eo repugnante fiebat, immo vero eo fiebat magis, nec me suffragatore meliore utebatur quam Clodio. apud vos, iudices, Milonis erga me remque publicam meritorum memoria, valebant preces et lacrimae nostrae, quibus ego tum vos mirifice moveri sentiebam, sed plus multo valebat periculorum impendentium timor. enim erat civium qui sibi solutam P. Clodi praeturam sine maximo rerum novarum metu proponeret? autem fore videbatis, nisi esset is consul qui eam auderet possetque constringere. Eum Milonem unum esse cum sentiret universus populus Romanus, quis dubitaret suffragio suo se metu, periculo rem publicam liberare? nunc, Clodio remoto, usitatis iam rebus enitendum est Miloni ut tueatur dignitatem suam; singularis illa et huic uni concessa gloria quae cotidie augebatur frangendis furoribus Clodianis iam Clodi morte cecidit. adepti estis ne quem civem metueretis; hic exercitationem virtutis, suffragationem consulatus, fontem perennem gloriae suae perdidit. Milonis consulatus qui vivo Clodio labefactari non poterat mortuo denique temptari coeptus est. modo igitur nihil prodest sed obest etiam Clodi mors Miloni.

## 2. Sections 35–71

Source: https://scriptura.si/works/cicero-pro-milone/2/ · cite a paragraph as https://scriptura.si/works/cicero-pro-milone/2/#p-N

[¶0] 35. “Oh, but his hatred prevailed with him; he slew him in a passion; he slew him because he was his enemy; he acted as the avenger of his own injury; he was exacting atonement to appease his private indignation.” But what will you say if these feelings, I do not say existed in a greater degree in Clodius than in Milo, but if they existed in the greatest possible degree in the former, and not at all in the latter? What will you require beyond that? For why should Milo have hated Clodius, the material and ground-work of his glory, except as far as that hatred becoming a citizen goes, with which we hate all worthless men? There was plenty of reason for Clodius to hate Milo, first, as the defender of my safety; secondly, as the repressor of his frenzy, the defeater of his arms; and lastly, also, as his prosecutor. For Clodius was liable to the prosecution of Milo, according to the provisions of the Plotian law, as long as he lived. And with what feelings do you suppose that that tyrant bore that? how great do you suppose was his hatred towards him? and, indeed, how reasonable a hatred was it for a wicked man to entertain.

> Latin: 35. “valuit odium, fecit iratus, fecit inimicus, fuit ultor iniuriae, punitor doloris sui.”? si haec non dico maiora fuerunt in Clodio quam in Milone, sed in illo maxima, nulla in hoc, quid voltis amplius? enim odisset Clodium Milo, segetem ac materiam suae gloriae, praeter hoc civile odium quo omnis improbos odimus? erat ut odisset primum defensorem salutis meae, deinde vexatorem furoris, domitorem armorum suorum, postremo etiam accusatorem suum; reus enim Milonis lege Plotia fuit Clodius quoad vixit. tandem animo hoc tyrannum illum tulisse creditis? quantum odium illius et in homine iniusto quam etiam iustum fuisse?

[¶1] 36. It remains for me now to urge his natural disposition and his habits of life in the defence of the one, and the very same things as an accusation against the other. Clodius, I suppose, had never done anything by violence; Milo had done everything by violence. What then shall I say, O judges? When, amid the grief of all of you, I departed from the city, was I afraid of the result of a trial? was I not afraid of slaves, and arms and violence? What, I pray you, was the first ground of my restoration, except that I had been unjustly driven out? Clodius, I suppose, had commenced a formal prosecution against me; he had named a sum as damages; he had commenced an action for high treason; and, I suppose too, I had cause to fear your decision in a cause which was an unjust one, which was my own private cause, not one which was a most righteous one, and which was, in reality, your cause, and not mine? No,—I was unwilling that my fellow-citizens, who had been saved by my prudence and by my own personal danger, should be exposed to the arms of slaves and needy citizens and convicted malefactors.

> Latin: 36. est ut iam illum natura ipsius consuetudoque defendat, hunc autem haec eadem coarguant. “per vim umquam Clodius, omnia per vim Milo.”? ego, iudices, cum maerentibus vobis urbe cessi, iudiciumne timui, non servos, non arma, non vim? fuisset igitur iusta causa restituendi mei, nisi fuisset iniusta eiciendi? mihi, credo, dixerat, multam inrogarat, actionem perduellionis intenderat, et mihi videlicet in causa aut mala aut mea, non et praeclarissima et vestra, iudicium timendum fuit. et egentium civium et facinorosorum armis meos civis, meis consiliis periculisque servatos, pro me obici nolui.

[¶2] 37. For I saw—I saw, I say, this very Quintus Hortensius, the light and ornament of the republic, almost slain by the hand of slaves, while he was standing by me. In which crowd Caius Vibienus, a senator, a most excellent man, who was with Hortensius, was so maltreated that he lost his life. When, then, was it that that assassin's dagger of his which he had received from Catiline rested? It was aimed at us I would not allow you all to be exposed to it for my sake. It was prepared in treachery for Pompeius. It stained with blood, through the murder of Papirius the very Appian road, the monument of his name, this, this same dagger, after a long interval was again turned against me lately as you know, it nearly murdered me close to the palace of Ancus.

> Latin: 37. enim, vidi hunc ipsum Q. Hortensium, lumen et ornamentum rei publicae, paene interfici servorum manu, cum mihi adesset; qua in turba C. Vibienus senator, vir optimus, cum hoc cum esset una, ita est mulcatus ut vitam amiserit. quando illius postea sica illa quam a Catilina acceperat conquievit? intenta nobis est, huic ego vos obici pro me non sum passus, haec insidiata Pompeio est, haec viam Appiam, monumentum sui nominis, nece Papiri cruentavit, haec eadem longo intervallo conversa rursus est in me; nuper quidem, ut scitis, me ad regiam paene confecit.

[¶3] 38. What is there of Milo's conduct like all this? when all the violence that he has ever displayed has amounted to this, that he wished to prevent Publius Clodius (as he could not be brought to trial) from oppressing the city by violence. And if he wished to put him to death what great what repeated, and what splendid opportunities he had of doing so! Might he not have avenged himself without violating the law when he was defending his own house and his household gods from his attacks? might he not have done so when that illustrious citizen and most gallant man Publius Sestius his own colleague, was wounded? might he not have done so when that most excellent man Quintus Fabricius, while carrying a bill for my restoration, was driven away and when a most cruel slaughter was taking place in the forum? might he not have done so when the house of Lucius Caecilius, that most upright and fearless praetor, was attacked? might he not have done so on the day on which the law concerning me was passed, and when that vast concourse of people from all parts of Italy, whom a regard for my safety had roused up, would have gladly recognised and adopted as its own the glory of that action? so that even if Milo had performed it the whole state would claim the praise of it as belonging to itself?

> Latin: 38. simile Milonis? cuius vis omnis haec semper fuit, ne P. Clodius, cum in iudicium detrahi non posset, vi oppressam civitatem teneret. si interficere voluisset, quantae quotiens occasiones, quam praeclarae fuerunt!, cum domum ac deos penatis suos illo oppugnante defenderet, iure se ulcisci, potuitne civi egregio et viro fortissimo, P. Sestio, conlega suo, volnerato, potuitne Q. Fabricio, viro optimo, cum de reditu meo legem ferret, pulso, crudelissima in foro caede facta, potuitne L. Caecili, iustissimi fortissimique praetoris, oppugnata domo, potuitne illo die quo est lata lex de me, cum totius Italiae concursus, quem mea salus concitarat, facti illius gloriam libens agnovisset, ut, etiam si id Milo fecisset, cuncta civitas eam laudem pro sua vindicaret?

[¶4] 39. And what a time was it? A most illustrious and fearless consul, Publius Lentulus, an enemy to Clodius, the avenger of his wickedness, the bulwark of the senate, the defender of your inclinations, the patron of that general unanimity, the restorer of my safety; seven praetors, eight tribunes of the people, adversaries of him, defenders of me; Cnaeus Pompeius, the prime mover of, and chief agent, in my return, his open enemy; whose opinion respecting my return, delivered in the most dignified and most complimentary language, the whole senate adopted; he who exhorted the whole Roman people, and, when he passed a decree concerning me at Capua, gave himself the signal to all Italy, which was eager for it, and which was imploring his good faith, to join together for the purpose of restoring me to Rome; in short, universal hatred on the part of all the citizens, was excited against him, while their minds were inflamed with as earnest a regret for me; so that if any one had slain him at that time, people's thoughts would have been, not how to procure impunity for such a man, but how to reward him sufficiently.

> Latin: 39. quod erat tempus? et fortissimus vir consul, inimicus Clodio, P. Lentulus, ultor sceleris illius, propugnator senatus, defensor vestrae voluntatis, patronus publici consensus, restitutor salutis meae; septem praetores, octo tribuni plebei illius adversarii, defensores mei; Cn. Pompeius, auctor et dux mei reditus, illius hostis, cuius sententiam senatus omnis de salute mea gravissimam et ornatissimam secutus est, qui populum Romanum est cohortatus; qui cum decretum de me Capuae fecisset, ipse cunctae Italiae cupienti et eius fidem imploranti signum dedit ut ad me restituendum Romam concurreret; omnium denique in illum odia civium ardebant desiderio mei, quem qui tum interemisset, non de impunitate eius, sed de praemiis cogitaretur.

[¶5] 40. Nevertheless, Milo restrained himself, and twice summoned Publius Clodius before the court, but never once invited him to a trial of strength in scenes of violence. What do I say? while Milo was a private individual, and on his trial before the people, on the accusation of Publius Clodius, when an attack was made on Cnaeus Pompeius, while speaking in defence of Milo, was there not then not only an admirable opportunity of, but even a reasonable pretext for slaying him? And lately, when Marcus Antonius had inspired all virtuous men with the very greatest hope of safety, and when he, being a most noble young man, had with the greatest gallantry espoused the cause of the republic, and had that beast almost in his toils in spite of his avoiding the snares of the law; what an opportunity, what a time and place was there, O ye immortal gods! And when Clodius had fled and hidden himself in the darkness of the stairs, there was a fine opportunity for Milo to slay him without incurring the slightest odium himself, and to load Antonius at the same time with the greatest glory!

> Latin: 40. se Milo continuit et P. Clodium in iudicium bis, ad vim numquam vocavit.? privato Milone et reo ad populum accusante P. Clodio, cum in Cn. Pompeium pro Milone dicentem impetus factus est, quae tum non modo occasio sed etiam causa illius opprimendi fuit? vero cum M. Antonius summam spem salutis bonis omnibus attulisset gravissimamque adulescens nobilissimus rei publicae partem fortissime suscepisset, atque illam beluam, iudici laqueos declinantem, iam inretitam teneret, qui locus, quod tempus illud, di immortales, fuit! se ille fugiens in scalarum tenebras abdidisset, magnum Miloni fuit conficere illam pestem nulla sua invidia, M. vero Antoni maxima gloria?

[¶6] 41. What? How repeatedly had he a similar chance in the comitia! when he had broken into the voting booth, and contrived to have swords drawn and stones thrown, and then on a sudden, terrified at the look of Milo, fled towards the Tiber, and you and all virtuous men prayed to heaven that Milo might take it into his head to give fall scope to his valour. If then he did not choose to slay him, when he might have done so with the gratitude of everyone, is it likely that he should have chosen to do so when some people were sure to complain of it? If he did not venture to do it when he might have done so lawfully, when he had both place and time in his favour, when he might have done so with impunity can we believe that he did not hesitate to slay him unjustly at a time and place which supplied him with no excuse for the deed, when it was at the hazard of his life?

> Latin: 41. ? comitiis in campo quotiens potestas fuit! cum ille in saepta inrupisset, gladios destringendos, lapides iaciendos curasset, dein subito voltu Milonis perterritus fugeret ad Tiberim, vos et omnes boni vota faceretis ut Miloni uti virtute sua liberet. igitur cum omnium gratia noluit, hunc voluit cum aliquorum querela, quem iure, quem loco, quem tempore, quem impune non est ausus, hunc iniuria, iniquo loco, alieno tempore, periculo capitis non dubitavit occidere?

[¶7] 42. especially, O judges, when the day of contest for the greatest distinction of the state, and the day of the comitia, was at hand. At which time, (for I know what a nervous thing ambition is, how vehement and how anxious is the desire for the consulship,) we are afraid of everything, not only of those things which can be openly found fault with, but even of whatever can be secretly thought; we shudder at every rumour, at every idle and empty story; we look anxiously at every one's countenance, at every one's eye. For there is nothing so soft, so tender, so frail, so flexible, as the inclinations and feelings of our fellow-citizens towards us; for they are not only angry at any impropriety in the conduct of candidates, but they often even take a disgust at our virtuous actions.

> Latin: 42. praesertim, iudices, cum honoris amplissimi contentio et dies comitiorum subesset, quo quidem tempore—scio enim quam timida sit ambitio quantaque et quam sollicita sit cupiditas consulatus —omnia non modo quae reprehendi palam sed etiam quae obscure cogitari possunt timemus, rumorem, fabulam falsam, fictam, levem perhorrescimus, ora omnium atque oculos intuemur. est enim tam molle, tam tenerum, tam aut fragile aut flexibile quam voluntas erga nos sensusque civium, qui non modo improbitati irascuntur candidatorum sed etiam in recte factis saepe fastidiunt.

[¶8] 43. Did Milo then, keeping in view this long hoped-for and wished-for day of the Campus Martius, propose to himself to come to those venerable auspices of the centuries with bloody hands, owning and confessing a wickedness and a crime? How perfectly incredible is such conduct in such a man! At the same time how undoubted is it in the case of Clodius, who thought that he should be a king as soon as Milo was slain. What shall I say more? This is the very mainspring of audacity, O judges, for who is there who does not know that the greatest temptation of all to do wrong is the hope of impiety? Now in which of the two did this exist? In Milo? who is even now on his trial for an action which I contend was an illustrious one, but which was at all events a necessary one, or in Clodius, who had shown such contempt for court's of justice and punishment that he took no pleasure in anything which was not either impious, from its disregard of the prohibitions of nature, or illegal, from its violation of law.

> Latin: 43. igitur diem campi speratum atque exoptatum sibi proponens Milo, cruentis manibus scelus et facinus prae se ferens et confitens ad illa augusta centuriarum auspicia veniebat? hoc non credibile est in hoc, quam idem in Clodio non dubitandum, qui se ipse interfecto Milone regnaturum putaret!? quod caput est audaciae, iudices, quis ignorat maximam inlecebram esse peccandi impunitatis spem? utro igitur haec fuit? in Milone qui etiam nunc reus est facti aut praeclari aut certe necessarii, an in Clodio qui ita iudicia poenamque contempserat ut eum nihil delectaret quod aut per naturam fas esset aut per leges liceret?

[¶9] 44. But what am I arguing about? why do I keep on disputing at greater length? I appeal to you, O Quintus Petillius, a most virtuous and fearless citizen; I call you to witness, O Marcus Cato; whom some heavenly interposition has given me for judges. You have heard from Marcus Favonius, and you heard it too while Clodius was alive, that he, Clodius, had said to him that Milo would die within three days,—and on the third day the deed which he had mentioned was put in execution. When he did not hesitate to reveal what he was thinking of, can you have any doubt what he did?

> Latin: 44. quid ego argumentor, quid plura disputo?, Q. Petili, appello, optimum et fortissimum civem; te, M. Cato, testor, quos mihi divina quaedam sors dedit iudices. ex M. Favonio audistis Clodium sibi dixisse, et audistis vivo Clodio, periturum Milonem triduo. diem tertium gesta res est quam dixerat. ille non dubitarit aperire quid cogitaret, vos potestis dubitare quid fecerit?

[¶10] 45. How then was it, that he was so correct in the day? I told you that just now. There was no great difficulty in knowing the regular days of sacrifice for the dictator of Lanuvium. He saw that it was necessary for Milo to go to Lanuvium on the very day in which he did go,—therefore, he anticipated him. But on what day? Why, on the day on which, as I have said before, there was a most furious assembly of the people, stirred up by the tribune of the people whom he had in his pay—a day, and an assembly, and an uproar which he would never have missed if he had not been hastening to some premeditated crime. Therefore, he had not only no reason for going on a journey, but he had even a reason for stopping at home. Milo had no possibility of stopping at home, and he had not only a reason, but a positive necessity for going on a journey. What more? Suppose, while he knew that Milo must go on the road on that day, so, on the other hand, Milo could not even suspect that Clodius would?

> Latin: 45. ad modum igitur eum dies non fefellit? equidem modo. Lanuvini stata sacrificia nosse negoti nihil erat. necesse esse Miloni proficisci Lanuvium illo ipso quo est profectus die: itaque antevertit. quo die?, ut ante dixi, fuit insanissima contio ab ipsius mercennario tribuno plebis concitata: quem diem ille, quam contionem, quos clamores, nisi ad cogitatum facinus approperaret, numquam reliquisset. illi ne causa quidem itineris, etiam causa manendi; Miloni manendi nulla facultas, exeundi non causa solum sed etiam necessitas fuit. si, ut ille scivit Milonem fore eo die in via, sic Clodium Milo ne suspicari quidem potuit?

[¶11] 46. For, first of all, I ask, how could Milo know it? a question which you cannot ask respecting Clodius. For even if he had not asked any one beyond his own intimate friend, Titus Patina, he could have ascertained from him that on that particular day a priest must absolutely be appointed at Lanuvium by Milo as the dictator there. But there were plenty more people from whom he could easily learn that, for instance, all the people of Lanuvium. Of whom did Milo make any inquiry about the return of Clodius? Grant that he did make inquiry; see what large allowances I am making you: grant even that he bribed his slave, as my good friend Quintus Arrius said—Read the evidence of your own witnesses. Caius Cassinius Schola, a man of Interamna, gave his evidence,—a most intimate friend of Publius Clodius, and more, a companion of his at the very time; according to whose testimony, Publius Clodius was at Interamna and at Rome at the very same time. Well, he said, That Publius Clodius had intended to remain that day at his Alban villa; but that on a sudden news was brought to him, that Cyrus his architect was dead; and, therefore, that he determined to proceed to Rome immediately. Caius Clodius, who was also a companion of Publius Clodius, said the same.

> Latin: 46. quaero qui id scire potuerit? quod vos idem in Clodio quaerere non potestis. Vt enim neminem alium nisi T. Patinam, familiarissimum suum, rogasset, scire potuit illo ipso die Lanuvi a dictatore Milone prodi flaminem necesse esse. erant permulti alii ex quibus id facillime scire posset: omnes scilicet Lanuvini. Milo de Clodi reditu unde quaesivit? sane —videte quid vobis largiar—servum etiam, ut Q. Arrius, amicus meus, dixit, corruperit. testimonia testium vestrorum. C. Causinius, Interamnanus, familiarissimus et idem comes Clodi, P. Clodium illo die in Albano mansurum fuisse, sed subito ei esse nuntiatum Cyrum architectum esse mortuum, itaque repente Romam constituisse proficisci. hoc item comes P. Clodi, C. Clodius.

[¶12] 47. Take notice, O judges, what the real effect of this evidence must be. First of all, Milo is certainly acquitted of having set out with the express intention of waylaying Clodius on his road; this must be since there was apparently no chance whatever of his meeting him. In the next place, (for I see no reason why I should not do something for myself at the same time,) you know, O judges, that there have been men found to say while urging on this bill against Milo, that the murder was committed by the hand indeed of Milo, but by the plan of some one of more importance than he. Those abject and profligate men, forsooth, pointed me out as a robber and assassin. Now they are convicted by their own witnesses, who say that Clodius would not have returned to Rome that day if he had not heard the news about Cyrus I breathed again; I was delivered, I am not any longer afraid of being supposed to have contemplated an action which I could not possibly have suspected.

> Latin: 47. , iudices, quantae res his testimoniis sint confectae. certe liberatur Milo non eo consilio profectus esse ut insidiaretur in via Clodio: quippe, si ille obvius ei futurus omnino non erat. —non enim video cur non meum quoque agam negotium—scitis, iudices, fuisse qui in hac rogatione suadenda diceret Milonis manu caedem esse factam, consilio vero maioris alicuius. videlicet latronem ac sicarium abiecti homines et perditi describebant. suis testibus qui Clodium negant eo die Romam, nisi de Cyro audisset, fuisse rediturum., liberatus sum; non vereor ne, quod ne suspicari quidem potuerim, videar id cogitasse.

[¶13] 48. Now I will examine the other point. For this expression occurs in their speech: “Therefore, Clodius never even thought of the plot against Milo, since he intended to remain in his Alban villa.” Yes, he meant to remain there, if he did not rather intend to go out and commit a murder. For I see that the messenger who is said to have brought him news of Cyrus's death did not announce that to him, but told him that Milo was at hand. For why should he bring any news about Cyrus, whom Clodius had left at Rome on his deathbed? I was with him—I signed his will as a witness together with Clodius; and he had openly made his will, and had left him and me his heirs. When he had left him the day before, at the third hour, at the very point of death, was news sent express to him the next day, at the tenth hour that he was at last dead?

> Latin: 48. persequar cetera; nam occurrit illud: “ne Clodius quidem de insidiis cogitavit, quoniam fuit in Albano mansurus.” quidem exiturus ad caedem e villa non fuisset. enim illum qui dicatur de Cyri morte nuntiasse non id nuntiasse, sed Milonem appropinquare. quid de Cyro nuntiaret quem Clodius Roma proficiscens reliquerat morientem? simul obsignavi, una fui; testamentum autem palam fecerat et illum heredem et me scripserat. pridie hora tertia animam efflantem reliquisset, eum mortuum postridie hora decima denique ei nuntiabatur?

[¶14] 49. Well, be it so; what reason had he for hastening to Rome? for starting at nightfall? Why should the fact of his being his heir cause him to make so much haste? In the first place, there was no reason why there should be need of any haste; secondly, even if there was, still what was there which he could obtain that night, but which he would lose if he arrived at Rome early the next morning? And as an arrival in the city by night was rather to be avoided by him than to be desired, so it was just suited for Milo to lie in ambush and wait for him, as he was a plotter of that sort, if he knew that he was likely to come to the city by night.

> Latin: 49. , sit ita factum: quae causa fuit cur Romam properaret, cur in noctem se coniceret? adferebat festinationis quod heres erat? nihil erat cur properato opus esset; deinde si quid esset, quid tandem erat quod ea nocte consequi posset, amitteret autem, si postridie Romam mane venisset? ut illi nocturnus ad urbem adventus vitandus potius quam expetendus fuit, sic Miloni, cum insidiator esset, si illum ad urbem noctu accessurum sciebat, subsidendum atque exspectandum fuit.

[¶15] 50. He would have slain him by night, in a place calculated for an ambush and fall of robbers; no one would have refused to believe him if he denied it, when now all men wish to save him even when he confesses it. The brunt of the blame would have fallen on the place itself, so well suited to receive and conceal robbers, while neither the voiceless solitude would have informed against, nor the dark night discovered Milo; secondly, the numbers of men who had been insulted by Clodius, or plundered by him, or stripped of all their property by him, many, too, who were in constant fear of such misfortunes, would have fallen under suspicion; in short, the whole of Etruria would have been impeached in people's opinion.

> Latin: 50. occidisset: insidioso et pleno latronum in loco occidisset. ei neganti non credidisset quem esse omnes salvum etiam confitentem volunt. crimen primum ipse ille latronum occultator et receptor locus, tum neque muta solitudo indicasset neque caeca nox ostendisset Milonem; deinde multi ab illo violati, spoliati, bonis expulsi, multi haec etiam timentes in suspicionem caderent, tota denique rea citaretur Etruria.

[¶16] 51. And certainly on that day Clodius returning from Aricia did turn aside to his Alban villa. But although Milo knew that he was at Aricia, still he ought to have suspected that he, even if he was desirous to return to Rome that day, would turn aside to his own villa, the grounds of which skirted the road. Why, then, did he not meet him before, and prevent his going to his villa? nor wait in that place where he would certainly arrive by night?

> Latin: 51. illo die certe Aricia rediens devertit Clodius ad se in Albanum. ut sciret Milo illum Ariciae fuisse, suspicari tamen debuit eum, etiam si Romam illo die reverti vellet, ad villam suam quae viam tangeret deversurum. nec ante occurrit ne ille in villa resideret, nec eo in loco subsedit quo ille noctu venturus esset?

[¶17] 52. I see that all things up to this point are plain and consistent. That it was even desirable for Milo that Clodius should live; that for Clodius the death of Milo was the most advantageous thing possible, with reference to those objects on which he had set his heart; that he bore him the most bitter hatred, but that Milo had no such feelings towards him; that the one lived in a perpetual round of violence, that the other's habits were limited to repelling it; that Milo had been threatened by him with death, and that his death had been openly predicted by him; that no such expression had ever been heard from Milo; that the day of Milo's journey was well known to Clodius., but that Clodius's return was unknown to Milo; that the journey of the one was inevitable, and that of the other was even inconvenient to himself; that the one had openly declared that on that day he should set out from Rome, that the other had concealed the fact of his intending to return on that day; that the one had in no respect whatever changed his intention, that the other had invented a false pretence for changing his mind; that the one, if he were plotting, would naturally wish night to come on when he was near the city, while an arrival at the city by night was to be feared by the other, even if he had no apprehension of danger from this man.

> Latin: 52. adhuc constare, iudices, omnia: Miloni etiam utile fuisse Clodium vivere, illi ad ea quae concupierat optatissimum interitum Milonis; odium fuisse illius in hunc acerbissimum, nullum huius in illum; consuetudinem illius perpetuam in vi inferenda, huius tantum in repellenda; mortem ab illo Miloni denuntiatam et praedicatam palam, nihil umquam auditum ex Milone; profectionis huius diem illi notum, reditum illius huic ignotum fuisse; huius iter necessarium, illius etiam potius alienum; hunc prae se tulisse se illo die exiturum, illum eo die se dissimulasse rediturum; hunc nullius rei mutasse consilium, illum causam mutandi consili finxisse; huic, si insidiaretur, noctem prope urbem exspectandam, illi, etiam si hunc non timeret, tamen accessum ad urbem nocturnum fuisse metuendum.

[¶18] 53. Let us now consider this which is the main point or all; for which of the two the identical spot where they did meet was the best suited for planting an ambush. But is that, O judges, a matter about which one can possibly doubt or think seriously for a moment? In front of Clodius's farm,—that farm in which on account of those absurd erections and excavations for foundations of his, there were pretty well a thousand vigorous men employed,—on that high and raised ground belonging to his adversary, did Milo think that he should get the better in the contest, and had he with that view selected that spot above all ethers? Or was he rather waited for in that place by a man who had conceived the idea of attacking, because of the hopes that that particular spot suggested to him? The facts, O judges, speak for themselves; facts, which are always of the greatest weight in a cause.

> Latin: 53. nunc id quod caput est, locus ad insidias ille ipse ubi congressi sunt utri tandem fuerit aptior. vero, iudices, etiam dubitandum et diutius cogitandum est? fundum Clodi quo in fundo propter insanas illas substructiones facile hominum mille versabatur valentium, edito adversarii atque excelso loco superiorem se fore putabat Milo, et ob eam rem eum locum ad pugnam potissimum elegerat, an in eo loco est potius exspectatus ab eo qui ipsius loci spe facere impetum cogitarat? loquitur ipsa, iudices, quae semper valet plurimum.

[¶19] 54. If you were not hearing of this transaction, but were looking at a picture of it still it would be quite visible which of the two was the plotter which was thinking no evil, when one of the two was driving in a chariot wrapped up in a mantle, with his wife sitting by his side. It is hard to say which was the greatest hindrance to him, his dress, or his carriage, or his wife. How could a man be less ready for battle than when he was entangled in a mantle as in a net, hampered with a carriage, and fettered as it were by his wife clinging to him? Look, on the other hand, at Clodius, first setting out from his villa; all on a sudden: why? It was evening. Why was he forced to set out at such a time? Going slowly. What was the object of that especially at that time of night? He turns aside to the villa of Pompeius. To see Pompeius? He knew that he was near Alsium. To see the villa? He had been in it a thousand times. What then, was his object? Delay; he wanted to waste the time. He did not choose to leave the spot till Milo arrived.

> Latin: 54. haec non gesta audiretis, sed picta videretis, tamen appareret uter esset insidiator, uter nihil mali cogitaret, cum alter veheretur in raeda paenulatus, una sederet uxor. horum non impeditissimum? vestitus an vehiculum an comes? quid minus promptum ad pugnam, cum paenula inretitus, raeda impeditus, uxore paene constrictus esset?— nunc illum, primum egredientem e villa, subito: cur? vesperi: quid necesse est? tarde: qui convenit, praesertim id temporis? “in villam Pompei.” Pompeium ut videret? sciebat in Alsiensi esse; villam ut perspiceret? miliens in ea fuerat. ergo erat? mora et tergiversatio: dum hic veniret, locum relinquere noluit.

[¶20] 55. Come now, compare the journey of this unencumbered bandit with all the hindrances which beset Milo. Before this time be always used to travel with his wife; now he was without her. He invariably went in a carriage; now he was on horseback. His train were a lot of Greeklings wherever he was going; even when he was hastening to the camp in Etruria but this time there were no triflers in his retinue. Milo, who was never in the habit of doing so, did by chance have with him some musical slaves belonging to his wife, and troops of maid-servants. The other man, who was always carrying with him prostitutes, worn-out debauchees, both men and women, this time had no one with him except such a band that you might have thought every one of them picked men. Why, then, was he defeated? Because the traveler is not always murdered by the robber; sometimes the robber is killed by the traveler; because, although Clodius in a state of perfect preparation was attacking men wholly unprepared, still it was the case of a woman falling upon men.

> Latin: 55. nunc iter expediti latronis cum Milonis impedimentis comparate. ille antea cum uxore, tum sine ea; numquam nisi in raeda, tum in equo; comites Graeculi, quocumque ibat, etiam cum in castra Etrusca properabat, tum nugarum in comitatu nihil. Milo qui numquam, tum casu pueros symphoniacos uxoris ducebat et ancillarum greges; ille qui semper secum scorta, semper exoletos, semper lupas duceret, tum neminem, nisi ut virum a viro lectum esse diceres. igitur victus est? non semper viator a latrone, non numquam etiam latro a viatore occiditur; quia, quamquam paratus in imparatos Clodius, ipse Clodius tamen mulier inciderat in viros.

[¶21] 56. And, indeed, Milo was never so utterly unprepared for his violence, as not to be nearly sufficiently prepared. He was always aware how greatly it concerned the interest of Publius Clodius that he should be slain, how greatly he hated him, and how great was his daring. Wherefore, he never exposed his life to danger without some sort of protection and guard, knowing that, it was threatened, and that a large price, as it were, was set upon it. Add to this consideration all the chances; add the always uncertain result of a battle, and the common fortune of Mars, who often overthrows the man who is already exulting and stripping his enemy, and strikes him to the ground by some mean agent; add the blundering conduct of a leader who had dined and drank, and who was yawning and drowsy; who, when he had left his enemy cut off in the rear, never thought of his companions on the outskirts of his train; and then when he fell among them inflamed with anger, and despairing of saving the life of their master, he fell on that punishment which the faithful slaves inflicted on him as a retribution for their master's death. Why, then, has Milo emancipated them?

> Latin: 56. vero sic erat umquam non paratus Milo contra illum ut non satis fere esset paratus. ipse et quantum interesset P. Clodii se interire et quanto illi odio esset et quantum ille auderet cogitabat. ob rem vitam suam quam maximis praemiis propositam et paene addictam sciebat numquam in periculum sine praesidio et sine custodia proiciebat. casus, adde incertos exitus pugnarum Martemque communem, qui saepe spoliantem iam et exsultantem evertit et perculit ab abiecto; adde inscitiam pransi, poti, oscitantis ducis qui, cum a tergo hostem interclusum reliquisset, nihil de eius extremis comitibus cogitavit, in quos incensos ira vitamque domini desperantis cum incidisset, haesit in eis poenis quas ab eo servi fideles pro domini vita expetiverunt.

[¶22] 57. He was afraid, I suppose, lest they should give information against him; lest they should be unable to bear pain; lest they should be compelled by tortures to confess that Publius Clodius was slain in the Appian road by the slaves of Milo. What need is there of any torturer? What do you want to know? whether he was slain? He was slain. Whether he was slain lawfully or unlawfully? That is beyond the province of the torturer. For the rack can only inquire into the fact; it is the bench of judges that must decide on the law. Let us then here confine our attention to what must be investigated in this trial. All that you can want to find out by tortures we admit. But if you prefer asking why he emancipated his slaves rather than why he gave them inadequate rewards, you are but a bungling hand at finding fault with an enemy. For Marcus Cato, who says everything with great wisdom, and consistency, and courage, said the same thing;

> Latin: 57. igitur eos manu misit? scilicet ne indicaretur, ne dolorem perferre non possent, ne tormentis cogerentur occisum esse a servis Milonis in Appia via P. Clodium confiteri. opus est terrore? quid quaeris?? occidit. an iniuria? ad tortorem: facti enim in eculeo quaestio est, iuris in iudicio. igitur in causa quaerendum est, id agamus hic; quod tormentis inveniri vis, id fatemur. vero cur miserit, si id potius quaeris quam cur parum amplis adfecerit praemiis, nescis inimici factum reprehendere.

[¶23] 58. and he said, too, in a very turbulent assembly of the people, which, however, was pacified by his authority, that those slaves were worthy not only of liberty, but even of every sort of reward possible, who had defended the life of their master. For what reward can be sufficiently great for such well-affected, such virtuous, such faithful slaves, owing to whom it is that he is still alive? Although even that is not putting it so strongly as to say, that it is owing to those very men that he did not glut the eyes and mind of his most cruel enemy with his blood and wounds. And if he had not emancipated them, then those preservers of their master, those avengers of wickedness, those defenders of their master from death, must have even been surrendered to torture. But in all these misfortunes the most comfortable reflection which Milo has is, that, even if anything should happen to himself, still he has given them the reward which they deserved.

> Latin: 58. enim hic idem qui semper omnia constanter et fortiter, M. Cato, et dixit in turbulenta contione, quae tamen huius auctoritate placata est, non libertate solum sed etiam omnibus praemiis dignissimos fuisse qui domini caput defendissent. enim praemium satis magnum est tam benevolis, tam bonis, tam fidelibus servis, propter quos vivit? id quidem non tanti est quam quod propter eosdem non sanguine et volneribus suis crudelissimi inimici mentem oculosque satiavit. nisi manu misisset, tormentis etiam dedendi fuerunt conservatores domini, ultores sceleris, defensores necis. vero nihil habet in his malis quod minus moleste ferat quam, etiam si quid ipsi accidat, esse tamen illis meritum praemium persolutum.

[¶24] 59. But now the examinations which have just been conducted in the hall of liberty, are said to press against Milo? Who are the slaves who have been examined? Do you ask? The slaves of Publius Clodius. Who demanded that they should be examined? Appius. Who produced them? Appius. Where were they brought from? From the house of Appius. O ye good gods, what can be done with more animosity? There is no law which authorizes slaves to be examined as witnesses against their master, except on accusations of impiety, as was the case in the prosecution instituted against Clodius. Clodius has been raised nearly to the gods, more nearly than even when he penetrated into their sanctuary, when an investigation into the circumstances of his death is carried on like one into a profanation of sacred ceremonies. But still, our ancestors did not think it right that slaves should be examined as witnesses against their masters, not because the truth could not be discovered, but because it seemed a scandalous thing to do, and more oppressive to the masters than even death itself. Well, then, when the slaves of the prosecutor are examined as witnesses against the defendant can the truth be found out?

> Latin: 59. quaestiones urgent Milonem, quae sunt habitae nunc in atrio. de servis? “? de P. Clodi.” eos postulavit? “Appius.” produxit? “Appius.” Vnde? “ab Appio.” boni! quid potest agi severius? deos Clodius accessit, propius quam tum cum ad ipsos penetrarat, cuius de morte tamquam de caerimoniis violatis quaeritur. tamen maiores nostri in dominum quaeri noluerunt, non quia non posset verum inveniri, sed quia videbatur indignum et dominis morte ipsa tristius: in reum de servo accusatoris cum quaeritur, verum inveniri potest?

[¶25] 60. Come, however, what was the examination; and how was it conducted? Holloa, you Rufio, (that name will do as well as another,) take care you tell the truth. Did Clodius lay a plot against Milo? “He did.” He is sure to be crucified for saying so. “Certainly.” He has hopes of obtaining his liberty. What can be more certain than this mode of examination? The men are suddenly carried out to be examined; they are separated from all the rest and put into cells that no one may be able to speak to them. Then, when they have been kept a hundred days in the power of the prosecutor, they are produced as witnesses by the prosecutor himself. What can be imagined more upright than this sort of examination? What can be more free from all suspicion of corruption?

> Latin: 60. vero, quae erat aut qualis quaestio? “Heus tu, Rufio,” verbi causa, “cave sis mentiare: Clodius insidias fecit Miloni?” “;” certa crux. “fecit:” sperata libertas. hac quaestione certius? adrepti in quaestionem tamen separantur ceteri et in arcas coniciuntur ne quis cum eis conloqui possit: hi centum dies penes accusatorem cum fuissent ab eo ipso accusatore producti sunt. hac quaestione dici potest integrius, quid incorruptius?

[¶26] 61. And if you do not yet see with sufficient clearness, (though the transaction is evident of itself by so many and such irresistible arguments and proofing) that Milo was returning to Rome with a pure and guiltless intention, with no taint of wickedness, under no apprehension, without any consciousness of crime to disquiet him; recollect, I implore you, in the name of the immortal gods, how rapid his speed while returning was; how he entered the forum while the senate-house was all on fire with eagerness; how great was the magnanimity which he displayed; how he looked, and what he said. Nor did he trust himself to the people only, but also to the senate; nor to the senate only, but also to the public guards and their arms; nor to them only, but also to the power of that man to whom the senate had already entrusted the whole republic, all the youth of Italy, and all the arms of the Roman people. And surely he never would have put himself in his power, if he had not been confident in the justice of his cause; especially as he was one who heard everything, and feared great danger, and suspected many things, and even believed some. The power of conscience is very great, O judges, and is of great weight on both sides: so that they fear nothing who have done no wrong, and they, on the other hand, who have done wrong think that banishment is always hanging over them.

> Latin: 61. si nondum satis cernitis, cum res ipsa tot tam claris argumentis signisque luceat, pura mente atque integra Milonem, nullo scelere imbutum, nullo metu perterritum, nulla conscientia exanimatum Romam revertisse, recordamini, per deos immortalis, quae fuerit celeritas reditus eius, qui ingressus in forum ardente curia, quae magnitudo animi, qui voltus, quae oratio. vero se populo solum sed etiam senatui commisit, neque senatui modo sed etiam publicis praesidiis et armis, neque his tantum verum etiam eius potestati cui senatus totam rem publicam, omnem Italiae pubem, cuncta populi Romani arma commiserat: cui numquam se hic profecto tradidisset, nisi causae suae confideret, praesertim omnia audienti, magna metuenti, multa suspicanti, non nulla credenti. Magna vis est conscientiae, iudices, et magna in utramque partem, ut neque timeant qui nihil commiserint et poenam semper ante oculos versari putent qui peccarint.

[¶27] 62. Nor, indeed, is it without good reason that Milo's cause has always been approved of by the senate. For these wisest of men took into their consideration the whole circumstances of the case; Milo's presence of mind, and vigour in defending himself. Have you forgotten, O judges, when the news of Clodius's death was still recent, the opinions and the language which was held, not only by Milo's enemies, but also by other ignorant people? They said that he would not return to Rome at all.

> Latin: 62. vero sine ratione certa causa Milonis semper a senatu probata est; videbant sapientissimi homines facti rationem, praesentiam animi, defensionis constantiam. vero obliti estis, iudices, recenti illo nuntio necis Clodianae non modo inimicorum Milonis sermones et opiniones sed non nullorum etiam imperitorum? eum Romam esse rediturum.

[¶28] 63. For if he had committed the deed in a passionate and excited mood, so that he had slain his enemy while under the influence of strong hatred, they thought that he would consider the death of Publius Clodius an event of such importance, that he would bear being deprived of his country with equanimity, as he had sated his hatred in the blood of his enemy; or, if he had deliberately intended to deliver his country by the slaughter of Clodius, then they thought that he, as a brave man, would not hesitate, after having brought safety to his country at his own risk, to submit with equanimity to the laws, to carry off with himself everlasting renown, and to leave those things to us to enjoy which he had preserved for us himself Many also spoke of Catiline and the monsters of his train. “We shall have another Catiline breaking out. He will occupy some strong place; he will make war on his country.” Wretched sometimes is the fate of those citizens who have faithfully served the republic! when men not only forget the illustrious exploits which they have performed, but even suspect them of the most nefarious designs!

> Latin: 63. enim illud animo irato ac percito fecisset ut incensus odio trucidaret inimicum, arbitrabantur eum tanti mortem P. Clodi putasse ut aequo animo patria careret, cum sanguine inimici explesset odium suum; sive etiam illius morte patriam liberare voluisset, non dubitaturum fortem virum quin, cum suo periculo salutem populo Romano attulisset, cederet aequo animo legibus, secum auferret gloriam sempiternam, vobis haec fruenda relinqueret quae ipse servasset. etiam Catilinam atque illa portenta loquebantur: “, occupabit aliquem locum, bellum patriae faciet.” interdum civis optime de re publica meritos, in quibus homines non modo res praeclarissimas obliviscuntur sed etiam nefarias suspicantur!

[¶29] 64. Therefore, all those things were false, which would certainly have turned out true if Milo had committed any action which he could not defend with honour and with truth. What shall I say of the charges which were afterwards heaped upon him? which would have crushed any one who was conscious of even trifling offences. How nobly did he support them! O ye immortal gods, do I say support them? Say rather, how did he despise them, and treat them as nothing! Charges which no guilty man, were he ever so high-minded, and, indeed, no innocent man, unless he were also a most fearless man, could possibly have disregarded. It was said that a vast collection of shields, swords, bridles, lances, and javelins had been seized. They said that there was no street, no alley in the whole city, in which there was not a house hired for Milo; that arms had been carried down the Tiber to his villa at Oriculum; that his house on the Capitoline Hill was full of shields; that every place was full of firebrands prepared for the burning of the city. These things were not only reported, but were almost believed, and were not rejected till they had been thoroughly investigated.

> Latin: 64. illa falsa fuerunt quae certe vera exstitissent, si Milo admisisset aliquid quod non posset honeste vereque defendere.? quae postea sunt in eum congesta, quae quamvis etiam mediocrium delictorum conscientiam perculissent, ut sustinuit, di immortales! sustinuit? immo vero ut contempsit ac pro nihilo putavit, quae neque maximo animo nocens neque innocens nisi fortissimus vir neglegere potuisset!, gladiorum, pilorum, frenorum etiam multitudo deprehendi posse indicabatur; nullum in urbe vicum, nullum angiportum esse dicebant in quo non Miloni conducta esset domus; arma in villam Ocriculanam devecta Tiberi, domus in clivo Capitolino scutis referta, plena omnia malleolorum ad urbis incendia comparatorum: haec non delata solum, sed paene credita, nec ante repudiata sunt quam quaesita.

[¶30] 65. I praised, indeed, the incredible diligence of Cnaeus Pompeius; but still I will say what I really think, O judges. Those men are compelled to listen to too many statements; indeed, they cannot do otherwise, who have the whole republic entrusted to them. It was necessary even to listen to that eating-house keeper Licinius, if that was his name, a fellow out of the Circus Maximus, who said that Milo's slaves had got drunk in his house,—that they had confessed to him that they were engaged in a conspiracy to assassinate Cnaeus Pompeius, and that he himself was afterwards stabbed by one of them to prevent him from giving information. He went to Pompeius's villa to tell him this. I am sent for among the first. By the advice of his friends Pompeius reports the affair to the senate. It was impossible for me to be otherwise than frightened almost to death at the bare suspicion of such danger to one who was the protector both of me and of my country; but still I wondered that an eating-house keeper should be at once believed—that the confession of the slaves should be listened to, and that a wound in the side, which looked like the prick of a needle should be admitted to be a wound inflicted by a gladiator.

> Latin: 65. equidem incredibilem diligentiam Cn. Pompei, sed dicam, ut sentio, iudices. multa audire coguntur neque aliter facere possunt ei quibus commissa tota res publica est. etiam fuit audiendus popa Licinius nescio qui de circo maximo, servos Milonis apud se ebrios factos sibi confessos se de interficiendo Cn. Pompeio coniurasse, dein postea se gladio percussum esse ab uno de illis ne indicaret. Pompeio nuntiatur in hortos; arcessor in primis; de amicorum sententia rem defert ad senatum. poteram in illius mei patriaeque custodis tanta suspicione non metu exanimari, sed mirabar tamen credi popae, confessionem servorum audiri, volnus in latere quod acu punctum videretur pro ictu gladiatoris probari.

[¶31] 66. But, as I take the fact to have been, Pompeius was rather taking precautions than feeling any actual alarm, guarding not only against those things which it was reasonable to fear, but also against everything which could possibly disquiet you. The house of Caius Caesar, that most illustrious and gallant man, was besieged, as was reported during many hours of the night. No one in that frequented part of the city had either seen or heard of any such thing. Still such a report spread about. I could not possibly suspect Cnaeus Pompeius, a man of the most admirable valour, of being timid; and thought no diligence could be over-strained in a man who had undertaken the management and protection of the whole of the republic. In a very full meeting of the senate, lately held in the Capitol, a senator was found to say that Milo had a weapon about him. He threw back his garments in that most sacred temple, that, since the life of so good a citizen and so good a man could not procure him credit the facts themselves might speak for him while he held his peace.

> Latin: 66. , ut intellego, cavebat magis Pompeius quam timebat, non ea solum quae timenda erant, sed omnia, ne vos aliquid timeretis. domus C. Caesaris, clarissimi ac fortissimi viri, multas noctis horas nuntiabatur: nemo audierat tam celebri loco, nemo senserat; tamen audiebatur. poteram Cn. Pompeium, praestantissima virtute virum, timidum suspicari; diligentiam pro tota re publica suscepta nimiam nullam putabam. senatu nuper in Capitolio senator inventus est qui Milonem cum telo esse diceret. se in sanctissimo templo, quoniam vita talis et civis et viri fidem non faciebat, ut eo tacente res ipsa loqueretur. false atque invidiose ficta comperta sunt: tametsi metuitur etiam nunc Milo.

[¶32] 67. Every word was ascertained to be a false and treacherous invention. And if people are even now afraid of Milo, we are not now under apprehension because of the charge respecting Clodius, but we are shuddering at your suspicions,—at yours, I say, O Cnaeus Pompeius, (for I address you yourself, and I speak loudly so that you may be able to hear me.) If you are afraid of Milo,—if you believe that he either now cherishes wicked designs against your life, or that he ever has entertained such; if the levying of troops throughout Italy, as some of your recruiting-sergeants pretend—if these arms,—if these cohorts in the Capitol,—if these watchmen, these sentinels,—if this picked body of youths, which is the guard of your person and your house, is all armed against an attack on the part of Milo; and if all these measures have been arranged, and prepared, and aimed against him alone,—then certainly he must be a man of great power, of incredible courage; surely it must be more than the power and resources of one single man which are attributed to him, if the most eminent of our generals is invested with a command, and all Italy is armed against this one man.

> Latin: 67. iam hoc Clodianum crimen timemus, sed tuas, Cn. Pompei—te enim appello et ea voce ut me exaudire possis —tuas, inquam, suspiciones perhorrescimus. Milonem times, si hunc de tua vita nefarie aut nunc cogitare aut molitum aliquando aliquid putas, si Italiae dilectus, ut non nulli conquisitores tui dictitarunt, si haec arma, si Capitolinae cohortes, si excubiae, si vigiliae, si delecta iuventus quae tuum corpus domumque custodit contra Milonis impetum armata est, atque illa omnia in hunc unum constituta, parata, intenta sunt, magna in hoc certe vis et incredibilis animus et non unius viri vires atque opes iudicantur, si quidem in hunc unum et praestantissimus dux electus et tota res publica armata est.

[¶33] 68. But who is there who does not understand that all the diseased and feeble parts of the republic were entrusted to you, O Pompeius, that you might heal and strengthen them with your arms? And if an opportunity had been afforded to Milo, he would, doubtless, have proved to you yourself that no man was ever more dear to another than you are to him; that he had never shunned any danger which might be of service in promoting your dignity; that he had often contended against that most foul pest on behalf of your glory; that his conduct in his tribuneship has been entirely regulated by your counsels for the protection of my safety, which was an object very dear to you; that he afterwards had been defended by you when in danger of his life, and had been assisted by you when he was a candidate for the praetorship; and that he had always believed that the two firmest friends whom he had were you and I,—you, as shown by the kindness of your behaviour to him, and I, secured to him by the services which he himself had done me. And if he could not convince you of this,—if that suspicion had sunk so deep in your mind that it could not possibly be eradicated; if in short, Italy was never to have any rest from those levies, nor the city from arms; till Milo was ruined,—then no doubt he, without hesitation, would have departed from his country, a man born to make such sacrifices and accustomed to make them; but still he would have cited you, O Magnus, as a witness in his favour, as he now does.

> Latin: 68. quis non intellegit omnis tibi rei publicae partis aegras et labantis, ut eas his armis sanares et confirmares, esse commissas? si locus Miloni datus esset, probasset profecto tibi ipsi, neminem umquam hominem homini cariorem fuisse quam te sibi; nullum se umquam periculum pro tua dignitate fugisse, cum illa ipsa taeterrima peste se saepissime pro tua gloria contendisse; tribunatum suum ad salutem meam, quae tibi carissima fuisset, consiliis tuis gubernatum; se a te postea defensum in periculo capitis, adiutum in petitione praeturae; duos se habere semper amicissimos sperasse, te tuo beneficio, me suo. si non probaret, si tibi ita penitus inhaesisset ista suspicio ut nullo evelli posset modo, si denique Italia a dilectu, urbs ab armis sine Milonis clade numquam esset conquietura, ne ipse haud dubitans cessisset patria, is qui ita natus est et ita consuevit; te, Magne, tamen ante testaretur, quod nunc etiam facit.

[¶34] 69. See, now, how various and changeable is the course of human life,—how fickle and full of revolutions is fortune; what instances of perfidy are seen in friends, how they dissemble and suit their behaviour to the occasion; when dangers beset one, how one's nearest connections fly off, and what cowardice they show. The time will come, yes, will most certainly come,—that day will surely dawn some time or other, when you, though your affairs are all, as I trust they will be, in a really sound condition, though they may, perhaps, wear an altered appearance in consequence of some commotion of the times, such as we are all liable to, (and how constantly such things happen we may know from experience,)—when you, I say, may be in need of the good-will of one who is most deeply attached to you, and the good faith of a man of the greatest weight and dignity, and the magnanimity of the very bravest man that ever lived in the world.

> Latin: 69. quam sit varia vitae commutabilisque ratio, quam vaga volubilisque fortuna, quantae infidelitates in amicitiis, quam ad tempus aptae simulationes, quantae in periculis fugae proximorum, quantae timiditates., erit illud profecto tempus et inlucescet ille aliquando dies, cum tu salvis, ut spero, rebus tuis, sed fortasse ⟨in⟩ motu aliquo communium temporum, qui quam crebro accidat experti scire debemus, et amicissimi benevolentiam et gravissimi hominis fidem et unius post homines natos fortissimi viri magnitudinem animi desideres.

[¶35] 70. Although, who would believe that Cnaeus Pompeius, a man most thoroughly versed in public law, in the usages of our ancestors, and in all the affairs of the republic, after the senate has entrusted to him the charge of taking care “that the republic suffered no injury,” by which one line the consuls have always been sufficiently armed, even though no warlike weapons were given to them,—that he, I say, after having had an army and a levy of troops given to him, would wait for a legal decision to repress the designs of that man who was seeking by violence to abolish the courts of justice themselves? It was sufficiently decided by Pompeius, quite sufficiently, that all those charges were falsely brought against Milo; when he passed a law by which, as I conceive, he was bound to be acquitted by you,— at all events, as all men allow, might legally be acquitted.

> Latin: 70. quis hoc credat, Cn. Pompeium, iuris publici, moris maiorum, rei denique publicae peritissimum, cum senatus ei commiserit ut videret ne quid res publica detrimenti caperet, quo uno versiculo satis armati semper consules fuerunt etiam nullis armis datis, hunc exercitu, hunc dilectu dato, iudicium exspectaturum fuisse in eius consiliis vindicandis qui vi iudicia ipsa tolleret? iudicatum est a Pompeio, satis, falso ista conferri in Milonem, qui legem tulit qua, ut ego sentio, Milonem absolvi a vobis oporteret, ut omnes confitentur, liceret.

[¶36] 71. But when he sits in that place, surrounded by all those bands of public guards, he declares plainly enough that he is not striking terror into you, (for what could be less worthy of him than to condemn a man whom he himself might punish if guilty, both by his own authority and in strict accordance with the precedents of our ancestors?) but that he keeps them about him for the sake of protection; that you may be aware that it is allowed to you to decide with freedom according to your own opinions, in contradiction to that assembly of the people which was held yesterday.

> Latin: 71. vero in illo loco atque illis publicorum praesidiorum copiis circumfusus sedet, satis declarat se non terrorem inferre vobis—quid enim minus illo dignum quam cogere ut vos eum condemnetis in quem animadvertere ipse et more maiorum et suo iure possit?—, sed praesidio esse, ut intellegatis contra hesternam illam contionem licere vobis quod sentiatis libere iudicare.

## 3. Sections 72–105

Source: https://scriptura.si/works/cicero-pro-milone/3/ · cite a paragraph as https://scriptura.si/works/cicero-pro-milone/3/#p-N

[¶0] 72. Nor, O judges, am I at all moved by the accusation respecting Clodius. Nor am I so insane, and so ignorant of, and inexperienced in, your feelings, as not to be aware what your opinions are about the death of Clodius, concerning which, if I were unwilling to do away with the accusation in the manner in which I have done away with it, still I assert that it would have been lawful for Milo to proclaim openly, with a false but glorious boast. “I have slain, I have slain, not Spurius Maelius, who fell under the suspicion of aiming at kingly power by lowering the price of corn, and by squandering his own family estate, because by that conduct he was thought to be paying too much court to the common people; not Tiberius Gracchus, who, out of a seditious spirit abrogated the magistracy of his own colleague; whose slayers have filled the whole world with the renown of their name; but him” (for he would venture to name him when he had delivered his country at his own risk) “who was detected in the most infamous adultery in the most sacred shrine, by most noble women;

> Latin: 72. vero me, iudices, Clodianum crimen movet, nec tam sum demens tamque vestri sensus ignarus atque expers ut nesciam quid de morte Clodi sentiatis. qua si iam nollem ita diluere crimen ut dilui, tamen impune Miloni palam clamare ac mentiri gloriose liceret: “, occidi, non Sp. Maelium qui annona levanda iacturisque rei familiaris, quia nimis amplecti plebem videbatur, in suspicionem incidit regni appetendi, non Ti. Gracchum qui conlegae magistratum per seditionem abrogavit, quorum interfectores implerunt orbem terrarum nominis sui gloria, sed eum— auderet enim dicere, cum patriam periculo suo liberasset— cuius nefandum adulterium in pulvinaribus sanctissimis nobilissimae feminae comprehenderunt;”

[¶1] 73. him, by the execution of whom the senate has repeatedly resolved that solemn religious observances required to be propitiated; him whom Lucius Lucullus, when he was examined on the point, declared on his oath that he had detected in committing unhallowed incest with his own sister; him, who by means of armed bands of slaves drove from his country that citizen whom the senate, whom the Roman people, whom all nations had declared to be the saviour of the city and of the lives of all the citizens; him, who gave kingdoms, took them away, and distributed the whole world to whomsoever he pleased; him who, after having committed numberless murders in the forum, drove a citizen of the most extraordinary virtue and glory to his own house by violence and by arms; him, to whom nothing was ever too impious to be done, whether it was a deed of atrocity or of lust; him, who burnt the temple of the nymphs, in order to extinguish the public record of the census which was committed to the public registers;

> Latin: 73. “eum cuius supplicio senatus sollemnis religiones expiandas saepe censuit; eum quem cum sorore germana nefarium stuprum fecisse L. Lucullus iuratus se quaestionibus habitis dixit comperisse; eum qui civem quem senatus, quem populus Romanus, quem omnes gentes urbis ac vitae civium conservatorem iudicarant servorum armis exterminavit; eum qui regna dedit, ademit, orbem terrarum quibuscum voluit partitus est; eum qui plurimis caedibus in foro factis singulari virtute et gloria civem domum vi et armis compulit; eum cui nihil umquam nefas fuit nec in facinore nec in libidine; eum qui aedem incendit ut memoriam publicam recensionis tabulis publicis impressam exstingueret;”

[¶2] 74. lastly, him who acknowledged no law, no civil rights, no boundaries to any man's possessions,—who sought to obtain other people's estates, not by actions at law and false accusations, not by unjust claims and false oaths, but by camps, by an army, by regular standards and all the pomp of war,—who, by means of arms and soldiers, endeavoured to drive from their possessions, not only the Etrurians, for he thoroughly despised them, but even this Publius Varius, that most gallant man and most virtuous citizen, one of our judges,—who went into many other people's villas and grounds with architects and surveyors, who limited his hopes of acquiring possessions by Janiculum and the Alps; him who, when he was unable to prevail on an estimable and gallant Roman knight, Marcus Paconius, to sell him his villa on the Prelian Lake, suddenly conveyed timber, and lime, and mortar, and tools in boats to the island, and while the owner of the island was looking at him from the opposite bank, did not hesitate to build a house on another man's land; who said to Titus Furfanius—O ye immortal gods, what a man!

> Latin: 74. “eum denique cui iam nulla lex erat, nullum civile ius, nulli possessionum termini, qui non calumnia litium, non iniustis vindiciis ac sacramentis alienos fundos, sed castris, exercitu, signis inferendis petebat; qui non solum Etruscos—eos enim penitus contempserat—sed hunc P. Varium, fortissimum atque optimum civem, iudicem nostrum, pellere possessionibus armis castrisque conatus est, qui cum architectis et decempedis villas multorum hortosque peragrabat, qui Ianiculo et Alpibus spem possessionum terminarat suarum, qui cum ab equite Romano splendido et forti, M. Paconio, non impetrasset, ut sibi insulam in lacu Prilio venderet, repente lintribus in eam insulam materiem, calcem, caementa, harenam convexit dominoque trans ripam inspectante non dubitavit aedificium exstruere in alieno; qui huic T. Furfanio, cui viro, di immortales!—” “quid enim ego de muliercula Scantia, quid de adulescente P.

[¶3] 75. (for why should I mention that insignificant woman, Scantia, or that youth Aponius, both of whom he threatened with death if they did not abandon to him the possession of their villas?) but he dared to say to Furfanius, that if he did not give him as much money as he demanded, he would carry a dead body into his house, and so raise a storm of unpopularity against him; who turned his brother Appius, a man connected with me by the most faithful friendship, while he was absent out of the possession of his farm; who determined to run a wall across the vestibule of his sister's house in such a manner, and to draw the line of foundation in such a direction, as not only to deprive his sister of her vestibule, but of all access to her house, and of her own threshold.”

> Latin: 75. Aponio dicam? quorum utrique mortem est minatus, nisi sibi hortorum possessione cessissent —; sed ausum esse T. Furfanio dicere, si sibi pecuniam quantam posceret non dedisset, mortuum se in domum eius inlaturum, qua invidia huic esset tali viro conflagrandum; qui Appium fratrem, hominem mihi coniunctum fidissima gratia, absentem de possessione fundi deiecit; qui parietem sic per vestibulum sororis instituit ducere, sic agere fundamenta ut sororem non modo vestibulo privaret sed omni aditu et limine.”

[¶4] 76. Although all these things appeared such as might be endured,—although he attacked with equal fury the republic, and private individuals, and men who were at a distance, and men who were near, people who had no connection with him, and his own relations; yet somehow or other the incredible endurance of the state had by long use grown hardened and callous. But as for the things which were at hand, and were impending over you, in what manner was it possible for you either to avert them or to bear them? If he had once obtained real power,—I say nothing of our allies, of foreign nations, and kings, and tetrarchs; for you would have prayed that he might turn himself against them rather than against your possessions, your houses, and your money: money do I say? your children rather—I solemnly swear he would never have restrained himself from your children and from your wives. Do you think that these things are inventions of mine? They are evident; they are notorious to every one; they are proved. Is it an invention of mine that he was about to enlist an army of slaves in the city, by whose instrumentality he might take possession of the whole republic, and of the private fortune of every one?

> Latin: 76. haec quidem iam tolerabilia videbantur, etsi aequabiliter in rem publicam, in privatos, in longinquos, in propinquos, in alienos, in suos inruebat, sed nescio quo modo usu iam obduruerat et percalluerat civitatis incredibilis patientia: quae vero aderant iam et impendebant, quonam modo ea aut depellere potuissetis aut ferre? ille si nactus esset, omitto socios, exteras nationes, reges, tetrarchas; vota enim faceretis ut in eos se potius immitteret quam in vestras possessiones, vestra tecta, vestras pecunias: pecunias dico? a liberis, me dius fidius, et a coniugibus vestris numquam ille effrenatas suas libidines cohibuisset. haec putatis quae patent, quae nota sunt omnibus, quae tenentur, servorum exercitus illum in urbe conscripturum fuisse, per quos totam rem publicam resque privatas omnium possideret?

[¶5] 77. Wherefore, if Titus Annius, holding in his hand a bloody sword, had cried out “Come hither, I beg of you, and listen to me, O citizens: I have slain Publius Clodius; with this sword and with this right hand I have turned aside from your necks the frenzied attacks of that man whom we were unable to restrain by any laws, or by any judicial proceedings whatever; by my single efforts has it been brought to pass that right and equity, and laws, and liberty, and modesty, and chastity remain in this city;” would there in truth have been any reason to fear in what manner the city would receive this announcement? For now, as it is, who is there who does not approve of what has been done? who does not praise it? who does not both say and feel that of all men to whom recollection can reach back, Titus Annius has done the republic the greatest service; that of all men he has diffused the greatest joy among the Roman people, and over the whole of Italy, and throughout all nations? I cannot form a conception of what would have been the old-fashioned joy of the Roman people. Already our age has seen many, and those most illustrious victories, won by consummate generals; but not one of them has brought with it a joy that either lasted so long or that was so excessive while it did last.

> Latin: 77. ob rem si cruentum gladium tenens clamaret T. Annius: “, quaeso, atque audite, cives! P. Clodium interfeci, eius furores, quos nullis iam legibus, nullis iudiciis frenare poteramus, hoc ferro et hac dextera a cervicibus vestris reppuli, per me ut unum ius aequitas, leges libertas, pudor pudicitia maneret in civitate,” esset vero timendum quonam modo id ferret civitas! enim quis est qui non probet, qui non laudet, qui non unum post hominum memoriam T. Annium plurimum rei publicae profuisse, maxima laetitia populum Romanum, cunctam Italiam, nationes omnis adfecisse et dicat et sentiat? queo vetera illa populi Romani gaudia quanta fuerint iudicare: multas tamen iam summorum imperatorum clarissimas victorias aetas nostra vidit, quarum nulla neque tam diuturnam laetitiam attulit nec tantam.

[¶6] 78. Commit this fact to memory, O judges. I trust that you and your children will see many happy days in the republic. On every such occasion these will always be your feelings,—that if Publius Clodius had been alive, you never would have seen one of them. We have been led now to conceive the greatest, and, as I feel sure, the best-founded hopes, that this very day, this most admirable man being made our consul, when the licentiousness of men is checked, their evil passions put down, the laws and courts of justice reestablished on a firm footing, will be a salutary day for the republic. Is there, then, any one so insane as to think that he could have obtained all this while Publius Clodius was alive? What? why, what power of perpetual possession could you have had even in those things which you possess as your private property and in the strictest sense your own, while that frenzied man held the reins of government? I have no fear, O judges, lest it should seem that, because I am inflamed with hatred against him, on account of my own personal enmity to the man, I am vomiting forth these charges against him with more zeal than truth. In truth, though it is natural that that should be an especial stimulus to me, yet he was so completely the common enemy of all men, that my own hatred only bore about its fair proportion to the general detestation with which he was regarded. It cannot be expressed, O judges, it cannot even be imagined, how much wickedness, how much mischief there was in that man.

> Latin: 78. hoc memoriae, iudices. multa vos liberosque vestros in re publica bona esse visuros: in eis singulis ita semper existimabitis, vivo P. Clodio nihil eorum vos visuros fuisse. spem maximam et, quem ad modum confido, verissimam sumus adducti, hunc ipsum annum, hoc summo viro consule, compressa hominum licentia, cupiditatibus confractis, legibus et iudiciis constitutis, salutarem civitati fore. quis igitur est tam demens qui hoc P. Clodio vivo contingere potuisse arbitretur?? ea quae tenetis privata atque vestra dominante homine furioso quod ius perpetuae possessionis habere potuissent? timeo, iudices, ne odio mearum inimicitiarum inflammatus libentius haec in illum evomere videar quam verius. si praecipuum esse debebat, tamen ita communis erat omnium ille hostis ut in communi odio paene aequaliter versaretur odium meum. potest dici satis, ne cogitari quidem, quantum in illo sceleris, quantum exiti fuerit.

[¶7] 79. Moreover, attend to me with this idea, O judges. This investigation relates to the death of Publius Clodius. Imagine in your minds,—for our thoughts are free, and contemplate whatever they choose in such a manner that we do discern those things which we think we see;—place, therefore, before your mind's eye the image of this my condition; if I am able to induce you to acquit Milo, but still only on condition of Publius Clodius being restored to life. What fear is that that you show by your countenances? How would he affect you if alive, when even now that he is dead he has so agitated you by the bare thought of him? What? if Cnaeus Pompeius himself, who is a man of such virtue and such good fortune that he has at all times been able to do things which no one except him ever could have done,—if even he, I say, had been able, in the same manner as he has ordered an investigation into the death of Publius Clodius to take place, so also to raise him from the dead, which do you think he would have preferred to do? Even if out of friendship he had been willing to raise him from the shades below, out of regard for the republic he would not have done it. You, then, are sitting now as avengers of the death of that man, whom you would not restore to life if you thought it possible that his life could be restored by you. And this investigation is appointed to be made into the death of a man who would never have seen such a law passed, if the law which ordered the inquiry had been able to restore him to life. Ought, then, the slayer of this man, if any such slayer there be, to have any reason, while confessing the deed, to fear punishment at the hand of those men whom he delivered by the deed?

> Latin: 79. sic attendite, iudices. animis—liberae sunt enim nostrae cogitationes et quae volunt sic intuentur ut ea cernimus quae videmus —fingite igitur cogitatione imaginem huius condicionis meae, si possimus efficere Milonem ut absolvatis, sed ita si P. Clodius revixerit—quid voltu extimuistis? quonam modo ille vos vivus adficeret quos mortuus inani cogitatione percussit?? si ipse Cn. Pompeius, qui ea virtute ac fortuna est ut ea potuerit semper quae nemo praeter illum, si is, inquam, potuisset aut quaestionem de morte P. Clodi ferre aut ipsum ab inferis excitare, utrum putatis potius facturum fuisse? si propter amicitiam vellet illum ab inferis evocare, propter rem publicam non fecisset. igitur mortis sedetis ultores cuius vitam si putetis per vos restitui posse nolitis, et de eius nece lata quaestio est qui si lege eadem reviviscere posset, ista lex lata numquam esset. ergo interfector si esset, in confitendo ab eisne poenam timeret quos liberavisset?

[¶8] 80. Greek nations give the honours of the gods to those men who have slain tyrants. What have I not seen at Athens? what in the other cities of Greece? What divine honours have I not seen paid to such men? What odes, what songs have I not heard in their praise? They are almost consecrated to immortality in the memories and worship of men. And will you not only abstain from conferring any honours on the saviour of so great a people, and the avenger of such enormous wickedness, but will you even allow him to be borne off for punishment? He would confess,—I say, if he had done it, he would confess with a high and willing spirit that he had done it for the sake of the general liberty; a thing which would certainly deserve not only to be confessed by him, but even to be boasted of.

> Latin: 80. Graeci homines deorum honores tribuunt eis viris qui tyrannos necaverunt—quae ego vidi Athenis, quae in aliis urbibus Graeciae! quas res divinas talibus institutas viris, quos cantus, quae carmina! prope ad immortalitatis et religionem et memoriam consecrantur—vos tanti conservatorem populi, tanti sceleris ultorem non modo honoribus nullis adficietis sed etiam ad supplicium rapi patiemini?, confiteretur, inquam, si fecisset, et magno animo et libenter, se fecisse libertatis omnium causa quod esset non confitendum modo sed etiam vere praedicandum.

[¶9] 81. In truth, if he does not deny an action from which he seeks no advantage beyond being pardoned for having done it, would he hesitate to avow an action for which he would be entitled to claim rewards? Unless indeed he thinks it more pleasing to you to look upon him as having been the defender of his own life, rather than of you; especially as from that confession, if you were to choose to be grateful, he would reap the very highest honours. If his action were not approved of by you, (although, how is it possible that any one should not approve of what secured his own safety?)—but still, if the virtue of a most gallant man had happened to be at all unpleasing to his fellow-citizens, then with a lofty and firm mind he would depart from an ungrateful city. For what could be more ungrateful than for all other men to be rejoicing, and for him alone to be mourning, to whom it was owing that the rest were rejoicing?

> Latin: 81. si id non negat ex quo nihil petit nisi ut ignoscatur, dubitaret id fateri ex quo etiam praemia laudis essent petenda? nisi vero gratius putat esse vobis sui se capitis quam vestri defensorem fuisse; cum praesertim in tali confessione, si grati esse velletis, honores adsequeretur amplissimos. factum vobis non probaretur—quamquam qui poterat salus sua cuiquam non probari?—sed tamen si minus fortissimi viri virtus civibus grata cecidisset, magno animo constantique cederet ex ingrata civitate. quid esset ingratius quam laetari ceteros, lugere eum solum propter quem ceteri laetarentur?

[¶10] 82. Although we have all at all times been of this disposition with respect to crushing traitors to our country,—that since the glory would be ours, we should consider the danger and the unpopularity ours also. For what praise should I have deserved to have given to me, when I showed so much courage in my consulship on behalf of you and of your children, if I had supposed that I could venture on the exploits which I was attempting without very great struggles and dangers to myself? What woman is there who would not dare to slay a wicked and mischievous citizen, if she was not afraid of the danger of the attempt? But the man who, though unpopularity, and death, and punishment are before his eyes still ventures to defend the republic with no less alacrity than if no such evils threatened him, he deserves to be considered really a man. It behoves a grateful people to reward those citizens who have deserved well of the republic; it is the part of a brave man, not to be so moved even by execution itself, as to repent of having acted bravely.

> Latin: 82. hoc animo semper fuimus omnes in patriae proditoribus opprimendis ut, quoniam futura esset nostra gloria, periculum quoque et invidiam nostram putaremus. quae mihi tribuenda ipsi laus esset, cum tantum in consulatu meo pro vobis ac liberis vestris ausus essem, si id quod conabar sine maximis dimicationibus meis me esse ausurum arbitrarer? mulier interficere sceleratum ac perniciosum civem non auderet, si periculum non timeret? invidia, morte, poena qui nihilo segnius rem publicam defendit, is vir vere putandus est. grati est praemiis adficere bene meritos de re publica civis, viri fortis ne suppliciis quidem moveri ut fortiter fecisse paeniteat.

[¶11] 83. Wherefore, Titus Annius may well make the same confession which Ahala made, which Nasica, which Opimius, which Marius, which we ourselves have made: and then, if the republic were grateful, he would rejoice; if ungrateful, then, though under the pressure of heavy misfortune, he would still be supported by his own conscience. But, O judges, the fortune of the Roman people, and your felicity, and the immortal gods, all think that they are entitled to your grateful or this service which has been thus done to you. Nor, indeed, can any one think otherwise except it be a man who thinks that there is no such thing at all as any divine power or authority—a man who is neither moved by the vastness of your empire, nor by that sun above us, nor by the motions of heaven and of the stars, nor by the vicissitudes and regular order of things, nor (and that is the greatest thing of all) by the wisdom of our ancestors; who both themselves cultivated with the most holy reverence the sacred rites and religions ceremonies and auspices, and also handed them down to us their posterity to be so cultivated by us.

> Latin: 83. ob rem uteretur eadem confessione T. Annius qua Ahala, qua Nasica, qua Opimius, qua Marius, qua nosmet ipsi, et, si grata res publica esset, laetaretur; si ingrata, tamen in gravi fortuna conscientia sua niteretur. huius benefici gratiam, iudices, Fortuna populi Romani et vestra felicitas et di immortales sibi deberi putant. vero quisquam aliter arbitrari potest, nisi qui nullam vim esse ducit numenque divinum, quem neque imperi nostri magnitudo nec sol ille nec caeli signorumque motus nec vicissitudines rerum atque ordines movent neque, id quod maximum est, maiorum nostrorum sapientia, qui sacra, qui caerimonias, qui auspicia et ipsi sanctissime coluerunt et nobis suis posteris prodiderunt.

[¶12] 84. There is, there is indeed, such a heavenly power. It is not the truth, that in these bodies and in this feebleness of ours there is something which is vigorous and endued with feeling, and nothing which is so in this vast and beautiful movement of nature. Unless perhaps some people think that there is no such thing in existence because it is not apparent, nor visible: just as if we were able to see our own mind,—that by which we are wise, by which we have foresight, by which we do and say these very things which we are doing and saying; or as if we could plainly feel what sort of thing it is, or where it is. That divine power; that very same divine power which has often brought incredible prosperity and power to this city, has extinguished and destroyed this mischief; by first of all inspiring it with the idea of venturing to irritate by violence and to attack with the sword the bravest of men, and so leading it on to be defeated by the man whom if it had only been able to defeat it would have enjoyed endless licence and impunity.

> Latin: 84. , est illa vis profecto, neque in his corporibus atque in hac imbecillitate nostra inest quiddam quod vigeat et sentiat, non inest in hoc tanto naturae tamque praeclaro motu. Nisi forte idcirco non putant quia non apparet nec cernitur, proinde quasi nostram ipsam mentem qua sapimus, qua providemus, qua haec ipsa agimus ac dicimus, videre ac plane qualis aut ubi sit sentire possimus. vis igitur ipsa quae saepe incredibilis huic urbi felicitates atque opes attulit illam perniciem exstinxit ac sustulit, cui primum mentem iniecit ut vi inritare ferroque lacessere fortissimum virum auderet vincereturque ab eo quem si vicisset habiturus esset impunitatem et licentiam sempiternam.

[¶13] 85. That result was brought about, O judges, not by human wisdom, nor even by any moderate degree of care on the part of the immortal gods. In truth, those very holy places themselves which beheld that monster fall, appear to have been moved themselves, and to have asserted their rights over him. I implore you, I call you to witness,—you, I say, O you Alban hills and groves, and you, O you altars of the Albans, now overthrown, but nevertheless partners of and equals in honour with the sacred rites of the Roman people,—you, whom that man with headlong insanity, having cut down and destroyed the most holy groves, had overwhelmed with his insane masses of buildings; it was your power then that prevailed, it was the divinity of your altars, the religious reverence due to you, and which he had profaned by every sort of wickedness, that prevailed; and you, too, O sacred Jupiter of Latium, whose lakes and groves and boundaries he had constantly polluted with every sort of abominable wickedness and debauchery, you at last from your high and holy mountain, opened your eyes for the purpose of punishing him; it is to you, to all of you, that those punishments, late indeed, but still just and well deserved, have been made an atonement for his wickedness.

> Latin: 85. est humano consilio, ne mediocri quidem, iudices, deorum immortalium cura res illa perfecta. me hercule ipsae quae illam beluam cadere viderunt, commosse se videntur et ius in illo suum retinuisse. enim iam, Albani tumuli atque luci, vos, inquam, imploro atque testor, vosque, Albanorum obrutae arae, sacrorum populi Romani sociae et aequales, quas ille praeceps amentia caesis prostratisque sanctissimis lucis substructionum insanis molibus oppresserat; vestrae tum religiones viguerunt, vestra vis valuit, quam ille omni scelere polluerat; tuque ex tuo edito monte Latiari, sancte Iuppiter, cuius ille lacus, nemora finisque saepe omni nefario stupro et scelere macularat, aliquando ad eum puniendum oculos aperuisti: vobis illae, vobis vestro in conspectu serae, sed iustae tamen et debitae poenae solutae sunt.

[¶14] 86. Unless, perchance, we are to say that it was by accident that it happened that it was before the very shrine of the Good Goddess which is in the farm of Titus Sextus Gallius, a most honourable and accomplished young man,—before the Good Goddess herself, I say, that when he had begun the battle, he received that first wound under which he gave up that foul soul of his; so that he did not seem to have been acquitted in that iniquitous trial, but only to have been reserved for this conspicuous punishment. Nor, indeed, did that same anger of the gods abstain from inflicting the very same insanity on his satellites, so that without the images of his ancestors, without any funeral song or funeral games, without any obsequies, any lamentation, or any panegyric,—without, in short, any funeral at all, smeared over with gore and mud, and deprived even of the honours which are paid to every one on that last day, and which even enemies are wont to allow to a man, he was cast out in the street half burnt. It was not right, I suppose, for the effigies of most illustrious men to confer any honour on that most foul parricide; nor was there any place in which it was more seemly that his corpse should be ill-treated than that where his life had been condemned.

> Latin: 86. forte hoc etiam casu factum esse dicemus ut ante ipsum sacrarium deae, quod est in fundo T. Serti Galli, in primis honesti et ornati adulescentis, ante ipsam, inquam, deam, cum proelium commisisset, primum illud volnus acciperet quo taeterrimam mortem obiret, ut non absolutus iudicio illo nefario videretur, sed ad hanc insignem poenam reservatus. vero non eadem ira deorum hanc eius satellitibus iniecit amentiam ut sine imaginibus, sine cantu atque ludis, sine exsequiis, sine lamentis, sine laudationibus, sine funere, oblitus cruore et luto, spoliatus illius supremi diei celebritate cui cedere inimici etiam solent ambureretur abiectus. fuisse credo fas clarissimorum virorum formas illi taeterrimo parricidae aliquid decoris adferre, neque ullo in loco potius mortem eius lacerari quam in quo esset vita damnata.

[¶15] 87. I swear to you, the fortune of the Roman people appeared to me hard and cruel, while it for so many years beheld and endured that man triumphing over the republic. He had polluted the holiest religious observances with his debauchery; he had broken the most authoritative decrees of the senate he had openly bought himself from the judges with money; he had harassed the senate in his tribuneship; he had rescinded acts which had been passed for the sake of the safety of the republic, by the consent of all orders of the state; he had driven me from my country; he had plundered my property; he had burnt my house; he had ill-treated my children and my wife; he had declared a wicked war against Cnaeus Pompeius; he had made slaughter of magistrates and private individuals; he had burnt the house of my brother; he had laid waste Etruria; he had driven numbers of men from their homes and their professions. He kept pursuing and oppressing men; the whole state, all Italy, all the provinces, all foreign kingdoms could not contain his frenzy. Laws were already being drawn up in his house which were to hand us over to the power of our slaves. There was nothing belonging to any one, which he had taken a fancy to, which he did not think would become his in the course of this year.

> Latin: 87. , me dius fidius, mihi iam fortuna populi Romani et crudelis videbatur, quae tot annos illum in hanc rem publicam insultare pateretur. stupro sanctissimas religiones, senatus gravissima decreta perfregerat, pecunia se a iudicibus palam redemerat, vexarat in tribunatu senatum, omnium ordinum consensu pro salute rei publicae gesta resciderat, me patria expulerat, bona diripuerat, domum incenderat, liberos, coniugem meam vexarat, Cn. Pompeio nefarium bellum indixerat, magistratuum privatorumque caedis effecerat, domum mei fratris incenderat, vastarat Etruriam, multos sedibus ac fortunis eiecerat; instabat, urgebat; capere eius amentiam civitas, Italia, provinciae, regna non poterant; incidebantur iam domi leges quae nos servis nostris addicerent; nihil erat cuiusquam, quod quidem ille adamasset, quod non hoc anno suum fore putaret.

[¶16] 88. No one was an obstacle to his expectations except Milo; the very man who was most able to be an obstacle to them he thought when he returned again would be reconciled and, as it were, bound to him. The power of Caesar, he said, was all his own. The inclinations of all good men he had treated with contempt, while accomplishing my ruin. Milo alone weighed on his mind. On this the immortal gods, as I have said before, put into the head of that abandoned and frantic man the idea of laying an ambush for Milo. That pest was not to perish any other way; the republic would never have chastened him by her laws. The senate, I suppose, would have been able to restrain him when praetor. Why, it had not been able to do anything when it tried to restrain him while a private individual.

> Latin: 88. eius cogitationibus nemo praeter Milonem. ipsum qui poterat obstare novo reditu in gratiam sibi devinctum arbitrabatur; Caesaris potentiam suam esse dicebat; bonorum animos in meo casu contempserat: Milo unus urgebat. di immortales, ut supra dixi, mentem illi perdito ac furioso dederunt ut huic faceret insidias. perire pestis illa non potuit; numquam illum res publica suo iure esset ulta., credo, praetorem eum circumscripsisset. cum solebat quidem id facere, in privato eodem hoc aliquid profecerat.

[¶17] 89. Would the consuls have been vigorous in bridling the praetor? In the first place, if Milo had been slain, he would have had his own consuls. Secondly, what consul would have behaved fearlessly against him as praetor, who remembered that he, when tribune, had offered the most cruel injuries to the virtue of the consuls? He would have oppressed everything; he would have taken possession and held possession of everything. By a new law, the draught of which was found in his house, with the rest of the Clodian laws, he would have made all our slaves his own freedmen. Lastly, if the immortal gods had not inspired him with such ideas that he, an effeminate creature, attempted to slay a most gallant man, you would have no republic at all this day.

> Latin: 89. consules in praetore coercendo fortes fuissent? Milone occiso habuisset suos consules; deinde quis in eo praetore consul fortis esset per quem tribunum virtutem consularem crudelissime vexatam esse meminisset? omnia, possideret, teneret; lege nova, quae est inventa apud eum cum reliquis legibus Clodianis, servos nostros libertos suos effecisset; postremo, nisi eum di immortales in eam mentem impulissent ut homo effeminatus fortissimum virum conaretur occidere, hodie rem publicam nullam haberetis.

[¶18] 90. Would that man when praetor, much more when consul, provided only that these temples and these walls could have stood so long if he had been alive, and could have remained till his consulship; would he, I say, if alive, have done no harm, when even after he was dead he burned the senate-house, one of his satellites, Sextus Clodius, being the ringleader in the tumult? What more miserable, more grievous, more bitter sight have we ever seen than that? that that temple of sanctity, of honour, of wisdom, of the public council, the head of the city, the altar of the allies, the harbour of all nations, the abode granted by the universal Roman people to one of the orders of the state, should be burnt, profaned, and destroyed? and that that should be done, not by an ignorant mob, although that would have been a miserable thing, but by one single person? who, if he dared so much in his character of burner of a dead man, what would he not have done as standard-bearer of a living one? He selected the senate-house, of all the places in the city, to throw him down in, in order that when dead he might burn what he had overturned while alive.

> Latin: 90. ille praetor, ille vero consul, si modo haec templa atque ipsa moenia stare eo vivo tam diu et consulatum eius exspectare potuissent, ille denique vivus mali nihil fecisset cui mortuo unus ex suis satellitibus curiam incenderit? quid miserius, quid acerbius, quid luctuosius vidimus? templum sanctitatis, amplitudinis, mentis, consili publici, caput urbis, aram sociorum, portum omnium gentium, sedem ab universo populo concessam uni ordini, inflammari, exscindi, funestari, neque id fieri a multitudine imperita, quamquam esset miserum id ipsum, sed ab uno? cum tantum ausus sit ustor pro mortuo, quid signifer pro vivo non esset ausurus? curiam potissimum abiecit, ut eam mortuus incenderet quam vivus everterat.

[¶19] 91. And are there men, then, who complain of what took place in the Appian road, and say nothing of what happened in the senate-house? and who think that the forum could have been defended from him when alive, whose very corpse the senate-house was unable to resist? Arouse the man himself; resuscitate him, if you can, from the shades below. Will you be able to check his violence when alive, when you were hardly able to support his fury while he lies unburied? unless, indeed, you did support the sight of those men who ran with firebrands to the senate-house, with scythes to the temple of Castor, and who ranged over the whole forum sword in hand. You saw the Roman people slaughtered, you saw the assembly disturbed by the drawn swords, while Marcus Caelius, a tribune of the people, was listened to in silence, a man of the greatest courage in the affairs of state, of the greatest firmness in any cause which he undertook, wholly devoted to the service of the virtuous part of the citizens, and to the authority of the senate, and in this—shall I say unpopularity, or misfortune of Milo's? behaving with singular, and god-like, and incredible good faith.

> Latin: 91. sunt qui de via Appia querantur, taceant de curia, et qui ab eo spirante forum putent potuisse defendi, cuius non restiterit cadaveri curia?, excitate ipsum, si potestis, a mortuis: frangetis impetum vivi cuius vix sustinetis furias insepulti? Nisi vero sustinuistis eos qui cum facibus ad curiam concurrerunt, cum fascibus ad Castoris, cum gladiis toto foro volitaverunt. vidistis populum Romanum, contionem gladiis disturbari, cum audiretur silentio M. Caelius, tribunus plebis, vir et in re publica fortissimus, in suscepta causa firmissimus, et bonorum voluntati, auctoritati senatus deditus, et in hac Milonis sive invidia sive fortuna, singulari, divina, incredibili fide.

[¶20] 92. But I have said enough about the cause; and, perhaps, too much that was foreign to the cause. What remains, except for me to pray and entreat you, O judges, to show that mercy to a most gallant man, which he himself does not implore; but which I, even against his will, implore and demand in his behalf? Do not if amid the tears of all of us you have seen no tears shed by Milo,—if you see his countenance always the same, his voice and language steady and unaltered,—do not, on that account, be the less inclined to spare him. I know not whether he does not deserve to be assisted all the more on that account. In truth, if in battles of gladiators, and in the case of men of the very lowest class and condition and fortune, we are accustomed to dislike those who are timid and suppliant, and who pray to be allowed to live, and if we wish to save those who are brave and courageous, and who offer themselves cheerfully to death; and if we feel more pity for those men who do not ask our pity, than for those who entreat it; how much more ought we to nourish those feelings in the case of our bravest citizens?

> Latin: 92. iam satis multa de causa, extra causam etiam nimis fortasse multa. restat nisi ut orem obtesterque vos, iudices, ut eam misericordiam tribuatis fortissimo viro quam ipse non implorat, ego etiam repugnante hoc et imploro et exposco?, si in nostro omnium fletu nullam lacrimam aspexistis Milonis, si voltum semper eundem, si vocem, si orationem stabilem ac non mutatam videtis, hoc minus ei parcere: haud scio an multo etiam sit adiuvandus magis. si in gladiatoriis pugnis et ⟨in⟩ infimi generis hominum condicione atque fortuna timidos et supplices et ut vivere liceat obsecrantis etiam odisse solemus, fortis et animosos et se acriter ipsos morti offerentis servari cupimus, eorumque nos magis miseret qui nostram misericordiam non requirunt quam qui illam efflagitant, quanto hoc magis in fortissimis civibus facere debemus!

[¶21] 93. As for me, O judges, I am dispirited and almost killed by those expressions of Milo, which I hear continually; and at the utterance of which I am daily present: “May my fellow-citizens fare well,” says he; “may they fare well. May they be safe, and prosperous, and happy; may this illustrious city, and my country, which I love so well, long endure, however it may treat me; may my fellow-citizens (since I may not enjoy it with them) enjoy the republic in tranquillity without me, but still in consequence of my conduct. I will submit and depart; if it cannot be allowed me to enjoy a virtuous republic, at least I shall be at a distance from a bad one; and the first well regulated and free city that I arrive at in that will I rest. Oh how vain,” says he, “are the labours which I have undertaken! Oh how fallacious have been my hopes!

> Latin: 93. quidem, iudices, exanimant et interimunt hae voces Milonis quas audio adsidue et quibus intersum cotidie. “,” inquit “valeant cives mei; sint incolumes, sint florentes, sint beati; stet haec urbs praeclara mihique patria carissima, quoquo modo erit merita de me; tranquilla re publica mei cives, quoniam mihi cum illis non licet, sine me ipsi, sed propter me tamen perfruantur. cedam atque abibo. mihi bona re publica frui non licuerit, at carebo mala, et quam primum tetigero bene moratam et liberam civitatem, in ea conquiescam.”

[¶22] 94. Oh how empty all my thoughts! When as tribune of the people, when the republic was oppressed, I had devoted myself to the senate, which, when I came into office, was utterly extinct; and to the Roman knights, whose power was enfeebled, and to the virtuous part of the citizens, who had given up all their authority under the arms of Clodius; could I ever have thought that I should fail to find protection from the citizens? When I had restored you” (for he very frequently converses with me and addresses me) “to your country, could I ever suppose that I myself should have no place in my country? Where now is the senate which we followed? where are those Roman knights, those knights,” says he, “so devoted to you? where is the zeal of the municipal towns? where is the voice of Italy? what, above all, has become of that voice of yours, O Marcus Tullius, which has been an assistance to many; what has become of your voice and defensive eloquence? am I the only person whom it is unable to help, I who have so often exposed myself to death for your sake?”

> Latin: 94. “O frustra” inquit “mei suscepti labores, o spes fallaces, o cogitationes inanes meae! cum tribunus plebis re publica oppressa me senatui dedissem quem exstinctum acceperam, equitibus Romanis quorum vires erant debiles, bonis viris qui omnem auctoritatem Clodianis armis abiecerant, mihi umquam bonorum praesidium defuturum putarem? cum te”—mecum enim saepissime loquitur—“patriae reddidissem, mihi putarem in patria non futurum locum? Vbi nunc senatus est quem secuti sumus, ubi equites Romani illi, illi” inquit “tui? ubi studia municipiorum, ubi Italiae voces, ubi denique tua, M. Tulli, quae plurimis fuit auxilio, vox atque defensio? ea soli qui pro te totiens morti me obtuli nihil potest opitulari?”

[¶23] 95. Nor does he say these things to me. O judges, weeping, as I now repeat them; but with the same unmoved countenance that you behold. For he says, he never did all the things which he had done for citizens who are ungrateful; ungrateful, he says, they are not. That they are timid and thinking too much of every danger, he does not deny. He says, that he treated the common people, and that multitude of the lower class which, while they had Publius Clodius for their leader, threatened the safety of all of you in such a way, in order to render all your lives more secure; that he not only subdued it by his virtue, but won it over at the expense of three estates which he inherited. Nor has he any apprehension that while he was conciliating the common people by his liberality, he was not also securing your attachment by his singular services to the republic. He says, that the good-will of the senate towards him has been repeatedly experienced by him in the times that have lately gone by; and that he shall carry with him, and ever retain in his recollection, the way in which you and all your order flocked to meet him, the zeal you showed in his behalf, and the kindness of your language to him, whatever may be the destiny which fortune allots to him.

> Latin: 95. vero haec, iudices, ut ego nunc, flens, sed hoc eodem loquitur voltu quo videtis. enim se, negat ingratis civibus fecisse quae fecerit, timidis et omnia pericula circumspicientibus non negat. et infimam multitudinem, quae P. Clodio duce fortunis vestris imminebat, eam quo tutior esset vestra vita suam se fecisse commemorat, ut non modo virtute flecteret sed etiam tribus suis patrimoniis deleniret, nec timet ne, cum plebem muneribus placarit, vos non conciliarit meritis in rem publicam singularibus. erga se benevolentiam temporibus his ipsis saepe esse perspectam, vestras vero et vestrorum ordinum occursationes, studia, sermones, quemcumque cursum fortuna ceperit, secum se ablaturum esse dicit.

[¶24] 96. He remembers, also, that the voice of the crier proclaiming his triumph, was the only thing wanting to him, but that he was declared consul by the unanimous vote of the people, and that was the great object of his ambition. And now if all these things are to go against him, it will be only the suspicion of guilt, not the reality of any crime, which has injured him. He adds this, which is unquestionably true; that brave and wise men are not in the habit of setting their hearts so much on the rewards for virtuous conduct as on the fact of their conduct being so; that he has never acted throughout his life in any but the most honourable manner, since there can be nothing better for a man to do than to deliver his country from dangers; that those men are happy for whom such conduct procures honour among their fellow-citizens, but yet, that those men are not miserable who have exceeded their fellow-citizens in good deeds.

> Latin: 96. etiam vocem sibi praeconis modo defuisse, quam minime desiderarit, populi vero cunctis suffragiis, quod unum cupierit, se consulem declaratum; nunc denique, si haec arma contra se sint futura, sibi facinoris suspicionem, non facti crimen obstare. haec, quae certe vera sunt, fortis et sapientis viros non tam praemia sequi solere recte factorum quam ipsa recte facta; se nihil in vita nisi praeclarissime fecisse, si quidem nihil sit praestabilius viro quam periculis patriam liberare.

[¶25] 97. Moreover, that of all the rewards of virtue, if one is to make an estimate of the different rewards, the most honourable of all is glory; that this is the only reward which can make amends for the shortness of life, by the recollection of posterity; which can cause us while absent, to be present when dead to be still alive; that this is the thing by the steps of which men appear to mount even to heaven.

> Latin: 97. esse quibus ea res honori fuerit a suis civibus, nec tamen eos miseros qui beneficio civis suos vicerint. tamen ex omnibus praemiis virtutis, si esset habenda ratio praemiorum, amplissimum esse praemium gloriam; esse hanc unam quae brevitatem vitae posteritatis memoria consolaretur, quae efficeret ut absentes adessemus, mortui viveremus; hanc denique esse cuius gradibus etiam in caelum homines viderentur ascendere.

[¶26] 98. “Concerning me,” says he, “the Roman people and all nations will be continually talking. The remotest ages will never be silent about me. Even at this very time when the firebrands of envy are being hurled against me by my enemies, still I am celebrated in every company of men, who express their thanks to me, who congratulate themselves on my conduct, who make me the sole topic of their conversation. I say nothing of the days of festival, and sacrifice, and joyful celebration in Etruria. This is the hundredth, or I rather think the hundred and first day since the death of Publius Clodius; a day on which, wherever the boundaries of the Roman empire extend, there did not only the report of, but the joy caused by that occurrence penetrate. Wherefore,” said he, “I am not anxious as to where this body of mine may be; since the glory of my name already is and always will be in every country upon earth.”

> Latin: 98. “me” inquit “semper populus Romanus, semper omnes gentes loquentur, nulla umquam obmutescet vetustas. hoc tempore ipso, cum omnes a meis inimicis faces invidiae meae subiciantur, tamen omni in hominum coetu gratiis agendis et gratulationibus habendis et omni sermone celebramur. Etruriae festos et actos et institutos dies. lux est haec ab interitu P. Clodi et, opinor, altera. fines imperi populi Romani sunt, ea non solum fama iam de illo sed etiam laetitia peragravit. ob rem ubi corpus hoc sit non” inquit “laboro, quoniam omnibus in terris et iam versatur et semper hic habitabit nominis mei gloria.”

[¶27] 99. This is what you have constantly said to me, O Milo, when these men who hear me now have been absent; but this is what I say to you when they are present to listen. I cannot indeed, praise you sufficiently for being of such a spirit as you are; but the more godlike that virtue of yours is, the greater is the pain which I feel at being separated from you. Nor, indeed, if you are taken from me, will the complaints, which are all that is left to me, do anything to comfort me, or to prevent my being angry with those men from whom I have received so severe a blow. For it is not my enemies who will tear you from me, but those who are my greatest friends. It is not men who have at times deserved ill at my hands, but those who have always deserved exceedingly well. You never, O judges, will inflict such grief upon me, (although, what grief can be so great as this?) but you will never inflict this particular grief upon me, of forcing me to forget how greatly you have always regarded me. And if you, yourselves, have forgotten it, or if any part of my conduct has offended you, why do you not make me atone for that offense rather than Milo? For I shall have lived gloriously enough if I die before seeing any such great misfortune happen to him.

> Latin: 99. tu mecum saepe his absentibus, sed isdem audientibus haec ego tecum, Milo: “quidem, cum isto animo sis, satis laudare non possum, sed, quo est ista magis divina virtus, eo maiore a te dolore divellor. vero, si mihi eriperis, reliqua est illa saltem ad consolandum querela ut eis irasci possim a quibus tantum volnus accepero. enim inimici mei te mihi eripient, sed amicissimi, non male aliquando de me meriti, sed semper optime.” mihi umquam, iudices, tantum dolorem inuretis—tametsi quis potest esse tantus?—sed ne hunc quidem ipsum ut obliviscar quanti me semper feceritis. si vos cepit oblivio aut si in me aliquid offendistis, cur non id in meo capite potius luitur quam Milonis? enim vixero, si quid mihi acciderit prius quam hoc tantum mali videro.

[¶28] 100. At present one consolation supports me, that no exertion that affection, or that zeal, or that gratitude could possibly make, has been wanting on my part to promote your interest, O Titus Annius. For your sake I have courted the enmity of powerful citizens; I have repeatedly exposed my person and my life to the weapons of your enemies; I have thrown myself as a suppliant at the feet of many for your sake; I have considered my fortunes and those of my children as united with yours in the time of your necessities. Lastly, on this very day, if any violence is prepared against you, or any struggle, or any danger of death, I claim my share in that. What remains now? What is there that I can say, or that I can do in return for your services to me, except considering whatever fortune is yours mine also? I do not object, I do not refuse so to consider it. And I entreat you, O judges, either to add to the kindnesses which you have already conferred on me by granting me this man's safety, or else to take notice that they will all perish in his fall.

> Latin: 100. me una consolatio sustentat, quod tibi, T. Anni, nullum a me amoris, nullum studi, nullum pietatis officium defuit. inimicitias potentium pro te appetivi; ego meum saepe corpus et vitam obieci armis inimicorum tuorum; ego me plurimis pro te supplicem abieci; bona, fortunas meas ac liberorum meorum in communionem tuorum temporum contuli; hoc denique ipso die, si qua vis est parata, si qua dimicatio capitis futura, deposco. iam restat? quid habeo quod faciam pro tuis in me meritis nisi ut eam fortunam quaecumque erit tua ducam meam? abnuo, non recuso, vosque obsecro, iudices, ut vestra beneficia quae in me contulistis aut in huius salute augeatis aut in eiusdem exitio occasura esse videatis.

[¶29] 101. These tears of mine have no effect on Milo. He is of an incredible strength of mind. He thinks that any place where there is no room for virtue is a place of banishment; and death he considers the end appointed by nature, and not a punishment. Let him continue to cherish these ideas in which he was born. What will you think yourselves, O judges? What will be your feelings? Will you preserve the recollection of Milo, and drive away the man himself? And will you allow any place in the whole earth to be more worthy to receive this virtue of his than this place which produced him? You, you, I appeal to you, O you brave men, who have shed much of your blood for the sake of the republic. I appeal to you, O centurions, and to you, O soldiers, in this time of danger to a brave man and an invincible citizen. While you are not only looking on, but armed, and standing as guards around this court of justice, shall this mighty virtue be driven from the city, he banished, be cast out!

> Latin: 101. lacrimis non commovetur Milo—est quodam incredibili robore animi—exsilium ibi esse putat ubi virtuti non sit locus; mortem naturae finem esse, non poenam. hic ea mente qua natus est: quid? vos, iudices, quo tandem eritis animo? Milonis retinebitis, ipsum eicietis? erit dignior locus ullus in terris qui hanc virtutem excipiat quam hic qui procreavit?, vos appello, fortissimi viri, qui multum pro re publica sanguinem effudistis; vos, inquam, in civis invicti periculo appello, centuriones, vosque, milites: vobis non modo inspectantibus sed etiam armatis et huic iudicio praesidentibus haec tanta virtus ex hac urbe expelletur, exterminabitur, proicietur?

[¶30] 102. Oh, miserable man that I am! Oh, unhappy man that I am! Were you, O Milo, able through the instrumentality of these men to recall me to my country, and cannot I through the agency of the very same men even retain you in yours? What answer shall I make to my children, who consider you a second father? What answer shall I make to you, O my brother Quintus, you who are now absent, you who were my companion in that cruel time? Shall I reply, that I was unable to preserve the safety of Milo by the instrumentality of those very men by whose means he had preserved mine? And what is the cause in which I shall have failed to do so? One which is sanctioned by all the nations of the earth. From whom must I say that I failed to procure it? From those very men who of all others have gained the greatest tranquillity by the death of Publius Clodius. And who will it be who has entreated in vain? I.

> Latin: 102. O me miserum, o me infelicem! tu me in patriam, Milo, potuisti per hos, ego te in patria per eosdem retinere non potero? respondebo liberis meis qui te parentem alterum putant? quid tibi, Quinte frater, qui nunc abes, consorti mecum temporum illorum? mene non potuisse Milonis salutem tueri per eosdem per quos nostram ille servasset? in qua causa non potuisse? est grata ⟨omnibus⟩ gentibus. A quibus non potuisse? eis qui maxime P. Clodi morte acquierunt. deprecante?.

[¶31] 103. What great wickedness is it that I planned, what enormous crime did I commit, O judges, when I traced out, and laid open, and revealed, and for ever crushed those beginnings and signs of the general destruction that was intended? For that is the spring from which all the distresses of myself and my friends arise. Why did you wish me to return to my country? Was it in order that I might look on while those men were being driven out, by whose efforts I had been restored? Do not, I entreat you, suffer my return to be more miserable than even my departure was. For how can I think that I have been restored if I am torn from those men by whom I was restored? Would that the immortal gods had granted, (I must entreat your permission to say it, O my country, for I fear lest it should be a wicked wish as far as you are concerned, though it may be a pious one for Milo,)—would that they had granted that Publius Clodius should not only be alive, but should even be praetor, consul, dictator, rather than I should see this sight!

> Latin: 103. ego concepi tantum scelus aut quod in me tantum facinus admisi, iudices, cum illa indicia communis exiti indagavi, patefeci, protuli, exstinxi? mihi meisque redundant ex fonte illo dolores. me reducem esse voluistis? an ut inspectante me expellerentur ei per quos essem restitutus?, obsecro vos, acerbiorem mihi pati reditum esse quam fuerit ille ipse discessus. qui possum putare me restitutum, si distrahor ab his per quos restitutus sum? Vtinam di immortales fecissent—pace tua, patria, dixerim: metuo enim ne scelerate dicam in te quod pro Milone dicam pie— utinam P. Clodius non modo viveret sed etiam praetor, consul, dictator esset potius quam hoc spectaculum viderem!

[¶32] 104. O ye immortal gods, before I should see this brave man, this man who deserves to be saved by you, O judges, in this plight! “Say not so, say not so,” says Milo. “Rather let him have suffered the penalty which he deserved, and let us, if so it must be, suffer what we have not deserved.” Shall this man, born for his country, die in any other land except his country? or, as it may perchance turn out for his country? Will you preserve the monuments of this man's courage, and yet allow no sepulchre containing his body to exist in Italy? Will any one by his vote banish this man from this city, when all other cities will gladly invite him to them if he is driven out from among you?

> Latin: 104. O di immortales! fortem et a vobis, iudices, conservandum virum! “, minime”; inquit “immo vero poenas ille debitas luerit: nos subeamus, si ita necesse est, non debitas.” vir patriae natus usquam nisi in patria morietur, aut, si forte, pro patria? huius vos animi monumenta retinebitis, corporis in Italia nullum sepulcrum esse patiemini? hunc sua quisquam sententia ex hac urbe expellet quem omnes urbes expulsum a vobis ad se vocabunt?

[¶33] 105. O happy will that land be which shall receive him! Ungrateful will this land be if it banishes him; miserable if it loses him. However, I must make an end. Nor, indeed, can I speak any longer for weeping; and this man forbids me to defend him by tears. I pray and entreat you, O judges, when you are giving your votes, to dare to decide as you think just. And believe me that man will be sure greatly to approve of your virtue, and justice, and good faith; who, in selecting the judges, selected all the best, and wisest and most fearless men whom he could find.

> Latin: 105. O terram illam beatam quae hunc virum exceperit, hanc ingratam si eiecerit, miseram si amiserit! finis sit; neque enim prae lacrimis iam loqui possumus, et hic se lacrimis defendi vetat. oro obtestorque, iudices, ut in sententiis ferendis, quod sentietis, id audeatis. virtutem, iustitiam, fidem, mihi credite, is maxime comprobabit qui in iudicibus legendis optimum et sapientissimum et fortissimum quemque delegit.