XXII. Cicero's oration for Milo.

PART IV.

WHAT, now, of this kind can be laid to Milo's charge, whose force has only been employed to save the state from the violence of Clodius, when he could not be brought to a trial? Had he been inclined to kill him, how often had he the fairest opportunities of doing it! Might he not legally have revenged himself upon him, when he was defending his house and household gods against his assault? Might he not, when that excellent citizen and brave man, P. Sextus, his colleague, was wounded? Might he not, when Q. Fabricius, that wor thy man, was abused, and a most barbarous slaughter made in the forum, upon his proposing the law for my restoration? Might he not, when the house of L. Cæcilius, that upright and brave prætor, was attacked? Might he not, on that day when the law passed in relation to me? when a vast concourse of people, from all parts of Italy, animated with a concern for my safety, would, with joyful voice, have celebrated the glory of the action, and the whole city have claimed the honour of what was performing by Milo alone?—At that time P. Lentulus, a man of distinguished worth and bravery, was consul; the professed enemy of Clodius, the avenger of his crimes, the guardian of the senate, the defender of your decrees, the supporter of that public union, and the restorer of my safety: there were seven prætors, and eight tribunes of the people, in my interest, in opposition to him. Pompey, the first mover and pattern of my return, was his enemy; whose important and illustrious decree for my restoration, was seconded by the whole senate; who encouraged the Roman people, and when he passed a decree in my favour at Capua, gave the signal to all Italy, solicitous for my safety, and imploring his assistance in my behalf, to repair in a body to Rome, to have my sentence reversed. In a word, the citizens were then so inflamed with rage against him, from their affection to me, that had he been killed at that juncture, they would not have thought so much of acquitting as of rewarding the person by whose hand he fell. And yet

Milo so far governed his temper, that though he prose cuted him twice in a court of judicature, he never had recourse to violent measures against him. But what do I say ? While Milo was a private person, and stood accused by Clodius before the people, when Pompey was assaulted in the midst of a speech he was making in Milo's favour, what a fair opportunity, and I will even add, sufficient reason was there for dispatching him! Again, when Mark Antony had, on a late occasion, raised in the minds of all good men the most lively hopes of seeing the state in a happier condition; when that noble youth had bravely undertaken the defence of his country, in a most dangerous quarter, and had actually secured that wild beast in the toils of justice, which he endeavoured to avoid; immortal gods! how favourable was the time and place for destroying him! When Clodius concealed himself beneath a dark stair-case, how easily could Milo have destroyed that plague of his country, and thus have heightened the glory of Antony, without incurring the hatred of any! How often was it in his power, while the comitia were held in the field of Mars! When Clodius had forced his way within the inclosure, and his party began, by his direction, to draw their swords, and throw stones; and then, on a sudden, being struck with terror at the sight of Milo, fled to the Tiber; how earnestly did you, and every good man, wish that Milo had then displayed his valour!

Can you imagine, then, that Milo would choose to incur the ill-will of any by an action which he forebore when it would have gained him the applause of all? Would he make no scruple of killing him at the hazard of his own life, without any provocation, at the most improper time and place, whom he did not venture to attack when he had justice on his side, had so convenient an opportunity, and would have run no risque ?especially, my lords, when his struggle for the supreme office in the state, and the day of his election was at hand; at which critical season (for I know by experience how timorous ambition is, and what a solicitous concern there is about the consulate) we dread not only the charges that may openly be brought against us, but even the most secret whispers, and hidden surmises; when we tremble at every rumour, every false, forged,

and frivolous story; when we explore the features, and watch the looks of every one we meet. For nothing is so changeable, so ticklish, so frail, and so flexible, as the inclinations and sentiments of our fellow-citizens, upon such occasions; they are not only displeased with the dishonourable conduct of a candidate, but are often disgusted with his most worthy actions. Shall Milo then be supposed, on the very day of election, a day which he had long wished for, and impatiently expected, to present himself before that august assembly of the centuries, having his hands stained with blood, publicly acknowledging and proclaiming his guilt? Who can believe this of the man? Yet who can doubt, but that Clodius imagined he should reign without control, were Milo murdered? What shall we say, my lords, to that which is the source of all audaciousness? Does not every one know, that the hope of impunity is the grand temptation to the commission of crimes? Now which of these two was the most exposed to this? Milo, who is now upon his trial for an action which must be deemed at least necessary, if not glorious; or Clodius, who had so thorough a contempt for the authority of the magistrate, and for penalties, that he took delight in nothing that was either agreeable to nature, or consistent with law? But why should I labour this point so much, why dispute any longer? I appeal to you, Q. Petilius, whe are a most worthy and excellent citizen; I call you, Marcus Cato, to witness; both of you placed on that tribunal by a kind of supernatural direction. You were told by M. Favonius, that Clodius declared to him, and you were told it in Clodius's life-time, that Milo should not live three days longer. In three days time, he attempted what he had threatened. If he then made no scruple of publishing his design, can you entertain any doubt of it when it was actually carried into exe cution?

But how could Clodius be certain as to the day? This Í have already accounted for. There was no difficulty in knowing when the dictator of Lanuvium was to perform his stated sacrifices. He saw that Milo was obliged to set out for Lanuvium on that very day: accordingly, he was beforehand with him. But on what day?-that day on which, as I mentioned before, a mad assembly

was held by his mercenary tribune: which day, which assembly, which tumult he would never have left, if he had not been cager to execute his meditated villany. So that he had not the least pretence for undertaking the journey, but a strong reason for staying at home; while Milo, on the contrary, could not possibly stay, and had not only a sufficient reason for leaving the city, but was under an absolute necessity of doing it. Now, what if it appear that, as Clodius certainly knew Milo would be on the road that day, Milo could not so much as suspect the same of Clodius? First then, I ask which way he could come at the knowledge of it? A question which you cannot put, with respect to Clodius: for had be applied to nobody else, T. Patinas, his intimate friend, could have informed him that Milo, as being dictator of Lanuvium, was obliged to create a priest there, on that very day. Besides, there were many other persons, all the inhabitants of Lanuvium indeed, from whom he might have very easily had this piece of intelligence. But of whom did Milo enquire of Clodius's return? I shall allow, however, that he did enquire; nay, I shall grant farther, with my friend Arrius, so liberal am I in my concessions, that he corrupted a slave. Read the evidence that is before you: C. Cassinius, of Interamna, surnamed Scola, an intimate friend and companion of P. Clodius, who swore, on a former occasion, that Clodius was at Interamna and at Rome at the same hour, tells you that P. Clodius intended to have spent that day at his seat near Alba; but that, hearing very unexpectedly of the death of Cyrus the architect, he determinedimmediately to return to Rome. The same evidence is given in by C. Clodius, another companion of P. Clodius.

Observe, my lords, how much this evidence makes for us. In the first place, it plainly appears, that Milo did not undertake his journey with a design to way-lay Clodius, as he could not have the least prospect of meeting him.

In the next place, (for I see no reason why I should not likewise speak for myself,) you know, my lords, there were persons who, in their zeal for carrying on this prosecution, did not scruple to say, that though the murder was committed by the hand of Milo, the plot

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 waylaying 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,