was laid by a more eminent person. In a word, those worthless and abandoned wretches represented me as a robber and an assassin. But this calumny is confuted by their own witnesses, who deny that Clodius would have returned to Rome that day, if he had not heard of the death of Cyrus. Thus I recover my spirits, I am acquitted, and am under no apprehensions, lest I should seem to have contrived what I could not so much as have suspected. Proceed I now to their other objections Clodius, say they, had not the least thought of ways laying Milo, because he was to have remained at Albanum, and would never have gone from his country-seat to commit a murder. But I plainly perceive that the person who is pretended to have informed him of Cyrus's death, only informed him of Milo's approach. For why inform him of the death of Cyrus, whom Clodius, when he went from Rome, left expiring? I was with him, and sealed up his will, along with Clodius; for he had publicly made his will, and appointed Clodius and me his heirs. Was a messenger sent him then by four o'clock the next day, to acquaint him with the death of a person, whom, but the day before, about nine in the morning he had left breathing his last?

XXIII. Cicero's oration for Milo.

PART V.

ALLOWING it, however, to be so, what reason was there for hurrying back to Rome? For what did he travel in the night-time? What occasioned all this dispatch? Was it because he was the heir? . In the first place, this required no hurry; and, in the next, if it had, what could he have got that night, which he must have lost, had he come to Rome only next morning? And as a journey to town in the night was rather.to be avoided than desired by Clodius, so if Milo had formed any plot against his enemy, and had known that he was to return to town that evening, he would have stopped and waited for him. He might have killed him by night, in a suspicious place, infested with robbers. Nobody could have disbelieved him, if he had denied the fact; since,

even after he has confessed it, every one is concerned for his safety. First of all, the place itself would have been charged with it, being a haunt and retreat for robbers; while the silent solitude, and shades of night, must have concealed Milo: and then, as such numbers had been assaulted and plundered by Clodius, and so many others were apprehensive of the like treatment, the suspicion must naturally have fallen upon them; and, in short, all Etruria might have been prosecuted.

But it is certain that Clodius, in his return that day from Aricia, called at Albanum. Now, though Milo had known that Clodius had left Aricia, yet he had reason to suspect that he would call at his seat which lies upon the road, even though he was that day to return to Rome. Why then did he not either meet him sooner and prevent his reaching it, or post himself where he was sure Clodius was to pass in the night-time? Thus far, my lords, every circumstance concurs to prove, that it was for Milo's interest Clodius should live; that, on the contrary, Milo's death was a most desirable event for answering the purposes of Clodius: that, on the one side, there was a most implacable hatred, on the other not the least; that the one had been continually employing himself in acts of violence, the other only in opposing them; tha the life of Milo was threatened, and his death publicly foretold by Clodius-whereas nothing of that kind was ever heard from Milo; that the day fixed for Milo's journey was well known to his adversary, while Milo knew nothing when Clodius was to return; that Milo's journey was necessary, but that of Clodius rather the contrary; that the one openly declared his intention of leaving Rome that day, while the other concealed his intention of returning; that Milo made no alteration in his measures, but that Clodius feigned an excuse for altering his; that if Milo had designed to way-lay Clodius, he would have waited for him near the city till it was dark; but that Clodius, even if he had been under no apprehensions from Milo, ought to have been afraid of coming to town so late at night.

Let us now consider the principal point, whether the place where they encountered was most favourable to Milo, or to Clodius. But can there, my lords, be any

room for doubt, or for any farther deliberation upon that? It was near the estate of Clodius, where at least a thousand able-bodied men were employed in his mad schemes of building. Did Milo think he should have an advantage by attacking him from an eminence, and did he for this reason pitch upon that spot for the engagement? Or was he not rather expected in that place by his adversary, who hoped the situation would favour his assault? The thing, my lords, speaks for itself, which must be allowed to be of the greatest importance in determining a question. Were the affair to be represented only by painting, instead of being expressed by words, it would even then clearly appear which was the traitor, and which was free from all mischievous designs; when the one was sitting in his chariot, muffled up in his cloak, and his wife along with him. Which of these circum. stances was not a very great incumbrance? The dress, the chariot, or the companion? How could he be worse equipped for an engagement, when he was wrapt up in a cloak, embarrassed with a chariot, and almost fettered by his wife? Observe the other now, in the first place, sallying out on a sudden from his seat; for what reason? In the evening; what urged him? Late; to what pur. pose, especially at that season? He calls at Pompey's seat; with what view? To see Pompey? He knew he was at Alsium. To see his house? He had been in it a thousand times. What then could be the reason of this loitering and shifting about?-He wanted to be upon the spot when Milo came up.

Now please to compare the travelling equipage of a determined robber, with that of Milo. Clodius, before: that day, always travelled with his wife; he was then without her he never used to travel but in his chariot; he was then on horseback: he was attended with Greeks wherever he went, even when he was hurrying to the Tuscan camp; at that time he had nothing insignificant in his retinue. Milo, contrary to his usual manner, happened then to take with him his wife's singers, and a whole train of her women: Clodius, who never failed carry his whores, his catamites, and his bawds along with him, was then attended by none but those who seemed to be picked out by one another. How came he then to be overcome?

to

Because the traveller is not al

ways killed by the robber, but sometimes the robber by the traveller; because, though Clodius was prepared, and fell upon those who were unprepared, yet Clodius was but a woman, and they were men. Nor, indeed, was Milo ever so little unprepared, as not to be a match for him at any time. He was always sensible how much it was Clodias's interest to get rid of him, what an inveterate hatred he bore to him, and what audacious at. tempts he was capable of; and therefore, as he knew that a price was set upon his life, and that it was, in a manner devoted to destruction, he never exposed it to any danger without a guard. Add to this effect of acci dents, the uncertain issue of all combats, and the common chance of war, which often turns against the victor, even when ready to plunder and triumph over the vanquished. Add the unskilfulness of a gluttonous, drunken, stupid leader, who, when he had surrounded his adversary, never thought of his attendants that were behind; from whom, fired with rage, and despairing of their master's life, he suffered the punishment which those faithful slaves inflicted, in revenge for their mas ter's death. Why, then, did he give them their freedom? He was afraid, I suppose, lest they should betray him, lest they should not be able to endure pain, lest the torture should oblige them to confess that P. Clodius was killed by Milo's servants on the Appian way.-But what occasion for torture? What was you to extort? If Clodius was killed?—He was; but whether lawfully or unlawfully, can never be determined by torture. When the question relates to the matter of fact, we may have recourse to the executioner; but when to a point of equity, the judge must decide.

Let us here then examine into what is to be the subject of enquiry in the present case; for, as to what you would extort by torture, we confess it all. But if you ask why he gave them their freedom, rather than why he bestowed so small a reward upon them, it shews that you do not even know how to find fault with this action of your adversary. For M. Cato, who sits on this bench, and who always speaks with the utmost resolution and steadiness, said, and said it in a tumultuous assembly, which however was quelled by his authority, that those who had defended their master's life, well

deserved not only their liberty, but the highest rewards. For what reward can be great enough for such affectionate, such worthy and faithful servants, to whom their master is indebted for his life? and, which is yet a higher obligation, to whom he owes it, that his most inveterate enemy has not feasted his eyes, and satiated his wishes, with the sight of his mangled, bloody corse. Who, if they had not been made free, these deliverers of their master, these avengers of guilt, these defenders of innocent blood, must have been put to the torture. It is matter, however, of no small satisfaction to him, under his present misfortunes, to reflect that, whatever becomes of himself, he has had it in his power to reward them as they deserved. But the torture that is now inflicting in the porch of the temple of liberty, bears hard upon Milo. Upon whose slaves is it inflicted? Do you ask? On those of P. Clodius. Who demanded them? Appius. Who produced them? Appius. From whence came they? From Appius. Good gods! can any thing be more severe ? Servants are never examined against their masters, but in cases of incest; as in the instance of Clodius, who now approaches nearer the gods, than when he made his way into their very presence; for the same enquiry is made into his death, as if their sacred mysteries had been violated. But our ancestors would not allow a slave to be put to the torture for what affected his master; not because the truth could not thus be discovered, but because their masters thought it dishonourable, and worse than death itself. Can the truth be discovered when the slaves of the prosecutor are brought as witnesses against the person accused? Let us hear now what kind of an examination this was. Call in Roscio, call in Casca. Did Clodius way-lay Milo? He did. Drag them instantly to execution, he did not. Let them have their liberty. What can be more satisfactory than this method of examination? They are hurried away on a sudden to the rack, but are confined separately, and thrown into dungeons, that no person may have an opportunity of speaking to them; at last, after having been, før a hundred days, in the hands of the prosecutor, he himself produces them. What can be more fair and impartial than such an examination?

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