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master, were, some of them, slain; whilft Is nothing else therefore to be deterthe rest, seeing a warm engagement near mined but this fingle question, which of the chariot, being prevented from going them way.laid the other? Nothing, certo their master's aslistance, hearing besides tainly. If it appear that Milo was the agfrom Clodius himself that Milo was killed, greslor, we ask no favour; but if Clodius, and believing it to be fact, acted upon this you will then acquit us of the crime that occafiod (I mention it not with a view to has been laid to our charge. What meelude the accusation, but because it was thod then can we take to prove that Cle. the true state of the case) without the or- dius lay in wait for Milo? It is sufficient, ders, without the knowledge, without the considering what an audacious abandoned. presence of their master, as every man wretch he was, to shew that he lay under would with his own servants should act in a strong temptation to it, that he formed the like circumstances,
great hopes, and proposed to himself great This, my lords, is a faithful account advantages from Milo's death. Let that of the matter of fact: the person who question of Caffius therefore, whose intereft: lay in wait was himself overcome, and was it? be applied to the present cale. force fubdued by force, or rather, au. For though no confideration can prevail daciousness chastised by true valour. I upon a good man to be guilty of a base Lay nothing of the advantage which ac action, yet to a bad man the least prospect crues to the state in general, to yourselves of advantage will often be sufficient. By in particular, and to all good men; I am Milo's death, Clodius not only gained his content to wave the argument I might point of being prætor, without that redraw from hence in favour of iny client, fraint which his adversary's power as whose destiny was so peculiar, that he consul would have laid upon his wicked could not secure his own safety, without designs, but likewise that of being prætor: fecuring yours and that of the republic under those consuls, by whose connivance at the same time. If he could not do it at least, if not allistance, he hoped he lawfully, there is no room for attempting should be able to betray the state into the his defence. But if reason teaches the mad schemes he had been forming; perlearned, necessity the barbarian, common suading himself, that as they thought custom all nations in general, and even themselves under so great an obligation to nature itself instructs the brutes to defend him, they would have no inclination to op. their bodies, limbs, and lives, when at- pose any of his attempts, even if they should tacked, by all poffible me bods, you can- have it in their power; and that if they not pronounce this action criminal, with- were inclined to do it, they would perhaps out determining at the same time that be scarce able to controul the most profiwhoever falls into the hands of a high- gate of ail men, who had been confirmed wayman, muft of neceflity perifh either and hardened in his audaciousness by a long by the sword or your decilions. Had series of villainies. Are you then, my Milo been of this opinion, he would cer- lords, alone ignorant? are you strangers in tainly have chosen to have fallen by the this city? Has the report, which so genehand of Clodius, who had more than once rally obtains in the town, of those laws. before this made an attempt upon his life, (if they are to be called laws, and not rarather than be executed by your order, be. ther the scourges of the city, and the cause he had not tamely yielded himself a plagues of the republic) which he intended victim to his rage. But if none of you to have imposed and fixed as a brand of are of this opinion, the proper question is, infamy upon us all, never reached your not whether Clodius was killed; for that ears? Shew us, I beg of you, Sextůs we grant; but whether juftly or unjustly, Clodius, thew us, that regilter of your an enquiry of which many precedents are laws; which, they say, you rescued out of to be found. That a plot was laid, is very his house, and carried off like another evident; and this is what the senate de Palladium, in the midst of an armed force creed to be injurious to the state: but by and a midnight mob; that you might which of them laid, is uncertain. This have an honourable legacy, and ample inthen is the point which the law directs us structions for some future tribune, who to enquire into. Thus, what the senate should hold his office under your direction, decreed, related to the action, not the man; if such a tribune you could find. Now and Pompey enacted not upon the matter he cafts a look at me, like that he used of fact but of law.
to affume when he threatened universal ruin. I am indeed struck with that light harvest of glory, but that which every pas of the senate.
triot must bear to all bad men? As to What, Sexius, do you imagine I am Clodius, he had motives enough for bearangry with you, who have treated my ing ill-will to Milo; first, as my protector greatest enemy with more severity than and guardian; then as the opposer of his the humanity of my temper could have mad schemes, and the controuler of his allowed me to have required? You armed force; and, lastly, as his accuser. threw the bloody body of P. Clodius For while he lived, he was liable to be out of his house, you expoled it to pub. convicted by Milo upon the Plotian law. lic view in the streets, you left it by With what patience, do you imagine, such night a prey to the dogs, half consumed an imperious spirit could bear this? How with unhallowed wood, stript of its images, high must his resentment have risen, and and deprived of the usual encomiums with what justice too, in so great an enemy and funeral pomp. This, though it is to justice? true you did it out of mere necessity, I It remains now to consider what argu. cannot commend: yet as my enemy was ments their natural temper and behaviour the object of your cruclty, I ought not will furnish out in defence of the one, and certainly to be angry with you. You saw for the conviction of the other. Clodius there was the greatest reason to dread a never made use of any violence, Milo ne. revolution in the state from the prætor- ver carried any point without it. What fhip of Clodius, unless the man, who had then, my lords, when I retired from this both courage and power to cortroul him, city, leaving you in tears for my deparwere chosen con ul. When all the Ro- ture, did I fear flanding a trial: and not man people were convinced that Milo rather the insults of Clodius's flaves, the was the man, what citizen could have he- force of arms, and open violence? What fitated a moment about giving him his reason could there be for restoring me, if vote, when by that vote he at once re. he was not guilty of injustice in banishing lieved his own fears, and delivered the me? He had summoned me, I know he republic froin the utmott danger! But had, to appear upon my trial; had set now Clodius is taken off, it requires ex- 2 fine upon me, had brought an action of traordinary efforts in Milo to support his treason against me, and I had reason to dignity. That fingular honour by which fear the event of a trial in a cause that he was diftinguithed, and which daily in- was neither glorious for you, nor very hocreased by his reprefing the outrages of nourable for myself. No, my lords, this the Clodian fa&ion, vani:hed with the was not the cate; I was unwilling to expose death of Clodius. You have gained this my countrymen, whom I had faved by my advantage, that there is now no citizen couníels and at the hazard of my life, 10 you have to fear; while Milo nas icit a the fiords of slaves, indigent citizens, fine field for displaying his valour, the in- and a crew of ruffians. For I saw, yes, terest that supported his election, and a i myreif beheld this very Q. Hortensius, perpetual source of glory. Accordingly, the light and ornament of the republic, Milo's election to the ccosu'ate, which almost murdered by the hands of flaves, could never have been hurt while'Clodius while he waited on me: and it was in the was living, begins now upon his death to fame rumu't, that C. Vibicius, antenator be disputed. Milo, therefore, is to far of great worth, wèo was in his company, from receiving any benefit from Clodius's was handied lo scughly, that it cost him death, that he is really a iuftcrer by it. his life. When, therefore, has that dagBut it may be said that hatred prevailed, ger, which Clodius received from Cataline, that anger and resentment urged him on, relted in its sheath? it has been aimed at that he avenged his own wrongs, and re- me; but I would not suffer you to expofe drefied his own grievances. Now if all yourselves to its rage on my account; with The e particulars may be applied not it he lay in wait for Pompey, and stained merely with greater propriety to Clodius the Appian way, that monument of the than to Milo, but with the utmost pro- Clodian family, with the blood of Papipriety to the one, and not the least to the rius. The same, the very same weapon ather; what more can you desire? For why was, after a long distance of time, again Mould Milo bear any other hatred to Clos turned against me; and you know how dius, who furnished himn with such a rich narrowly I escaped being destroyed by:
lately at the palace. What now of this of a speech he was making in Milo's fakind can be laid to Milo's charge? whose vour, what a fair opportunity, and I will force has only been employed to save the even add, fufficient reason was there for ftate from the violence of Clodius, when dispatching him? Again, when Mark Anhe could not be brought to a trial. Had tony had, on a late occasion, raised in the he been inclined to kill him, how often had minds of all good men the most lively he the faireft opportunities of doing it? hopes of seeing the state in a happier conMight he not legally have revenged him. dition; when that noble youth had brave. self upon him, when he was defending his ly undertaken the defence of his country house and household gods against his af- in a most dangerous quarter, and had aca fault? might he not, when that excellent tually secured that wild beast in the toils citizen and brave man, P. Sextus, his col. of justice, which he endeavoured to avoid : leagae, was wounded ? might he not, when Immortal gods! how favourable was the Q. Fabricius, that worthy man, was abus. time and place for destroying him? When ed, and a moft barbarous slaughter made Clodius concealed himself beneath a dark in the forum, upon his proposing the law ftair-cafe, how easily could Milo have de. for my restoration? might he not, when stroyed that plague of his country, and the house of L. Cæcilius, that upright and thus have heightened the glory of Antony, brave prætor was attacked? might he not, without incurring the hatred of any? How on that day when the law passed in rela. often was it in his power, while the cotion to me? when a vast concourse of peo- mitia were held in the field of Mars? when ple from all parts of Italy, animated with Clodius had forced his way within the ina concern for my safety, would, with joy. closure, and his party began, by his direcfal voice, have celebrated the glory of the tion, to draw their swords and throw itones; action, and the whole city have claimed and then on a sudden, being struck with the honour of what was performed by Milo terror at the fight of Milo, fed to the Tialone?
ber, how earnestly did you and every good At that time P. Lentullus, a man of dif- man wish that Milo had then displayed his tinguished worth and bravery, was consul; valour ? the professed enemy of Clodius, the aven. Can you imagine then that Milo would går of his crimes, the guardian of the fe- chuse to incur the ill-will of any, by an acnate, the defender of your decrees, the tion which he forbore when it would have Tapporter of that public union, and the gained him the applause of all? Would he restorer of my safety : there were seven make no scruple of killing him at the ha. prætors, and eight tribunes of the people zard of his own life, without any proin my interest, in opposition to him. Pom- vocation, at the most improper time and pey, the first mover and patron of my re- place, whom he did not venture to attack turn, was his enemy; whose important when he had justice on his side, had so and illustrious decree for my restoration convenient an opportunity, and would have, was seconded by the whole senate; who run no risque : especially, my lords, when encouraged the Roman people, and when his struggle for the supreme office in the he passed a decres in my favour at Capua, state, and the day of his election was at gave the signal to all Italy, solicitous for hand; at which critical season (for I know my fafety, and imploring his assistance in by experience how timorous ambition is, my behalf, to repair in a body to Rome and what a solicitous concern there is to have my fentence reversed, In a word, about the consulate) we dread not only the the citizens were then so inflamed with charges that may openly be brought against rage against him from their affection to us, but even the moft secret whispers and me, that had he been killed at that junc- hidden surmises; when we tremble at every tyre, they would not have thought so much rumour, every false, forged, and frivolous of acquitting as of rewarding the person story; when we explore the features, and by whose hand he fell. And yet Milo so watch the looks of every one we mect. far governed his temper, that though he For nothing is so changeable, so ticklith, prosecuted him twice in a court of judica- fo frail, and so flexible, as the inclinations ture, he never had recourse to violent mea- and sentiments of our fellow-citizens upon lutes against him. But what do I say! such occasions ; they are not only dirWhile Milo was a private person, and food pleased with the dishonourable conduct of accused by Clodius before the people, a candidate, but are often disgusted with When Pompey was assaulted in the midlt his most worthy actions. Shall Milo then
be supposed, on the very day of election, Milo would be on the road that day, Milo a day which he had long wilhed for and could not so much as suspect the fame of impatiently expected, to present himself Clodius? First then, I ask which way he before that august assembly of the centu- could come at the knowledge of it! A ries, having his hands ftained with blood, question which you cannot put, with republicly acknowledging and proclaiming spect to Clodius. For had he applied to no his guilt? Who can believe this of the body else, T. Patinas, his intimate friend, man? yet who can doubt, but that Clo. could have informed him, that Milo, as dius imagined he should reign without being dictator of Lanuvium, was obliged controul, were Milo murdered ? What to create a priest there on that very day. shall we say, my lords, to that which is Besides, there were many other persons, all the source of all audaciousness? Does not the inhabitants of Lanuvium indeed, from every one know, that the hope of impu. whom he might have very easily had this nity is the grand temptation to the com- piece of intelligence. But of whom did mission of crimes? Now which of these Milo enquire of Clodius's return? I shall two was the most exposed to this? Milo, allow, however, that he did enquire; nay, who is now upon his trial for an action I shall grant farther, with my friend Arwhich must be deemed at least necessary, rius, fo liberal am I in my concessions, if not glorious; or Clodius, who had io that he corrupted a flave. Read the evi. thorough a contempt for the authority of dence that is before you; C. Caffinius, of the magistrate, and for penalties, that he Interamna, surnamed Scola, an intimate took delight in nothing that was either friend and companion of P. Clodius, who agreeable to nature or consistent with law? swore on a former occasion that Clodius But why should I labour this point to much, was at Interamna and at Rome at the why dispute any longer? I appeal to you, same hour, tells you that P. Clodius inQ. Petilius, who are a moft worthy and tended to have spent that day at his seat excellent citizen; I call you, Marcus Cato, near Alba, but that hearing very unexto witness; both of you placed on that pectedly of the death of Cyrus the archi. tribunal by a kind of supernatural direc- tect, he determined immediately to return tion. You were told by M. Favonius, - to Rome. The same evidence is given in that Clodius declared to him, and you by C. Clodius, another companion of P. were told it in Clodius's life-time, that Clodius. Miln Mould not live three days longer. In Observe, my lords, how much this evithree days time he attempted what he had dence makes for us. In the first place, it threatened: if he then made no scruple of plainly appears, that Milo did not underpublishing his design, can you entertain - take his journey with a design to way-lay any doubt of it when it was actually carried Clodius, as he could not have the least into execution ?
prospect of meeting him. In the next But how could Clcdius be certain as to place (for I see no reason why I should the day? This I have already accounted not likewise speak for myself) you know, for. There was no difficulty in knowing my lords, there were persons who in their when the dictator of Lanuvium was to zeal for carrying on This prosecution did perform his stated sacrifices. He saw that not fcruple to say, that though the murder Milo was obliged to set out for Lanuvium was committed by the hand of Milo, the on that very day. Accordingly he was plot was laid by a more eminent person. before-hand with him. But on what day! In a word, those worthless and abandoned that day, on which, as I mentioned before, wretches represented me as a robber and a mad assembly was held by his mercenary assassin. But this calumny is confuted by tribune; which day, which assembly, which their own witnesses, who deny that Clotumult, he would never have left, if he had dius would have returned to Rome that not been eager to execute his mcditated day, if he had not heard of the death of villainy, So that he had not the least pre- Cyrus. Thus I recover my spirits; I am tence for undertaking the journey, but a acquitted, and am under no apprehenfions, frong realon for staying at home : while left I should seem to have contrived what Milo, on the contrary, could not possibly I could not so much as have suspected. slay, and had not only a sufficient reason Proceed I now to their other objections ; for leaving the city, but was under an Clodius, say they, had not the least thought absolute neceffity of doing it. Now what of way-laying Milo, because he was to if it appear that, as Clodius certainly knew have remained at Albanum, and would
never have gone from his country-leat to interest Clodius Tould live; that, on the commit a murder. But I plainly perceive contrary, Milo's death was a most defirthat the person, who is pretended to have able event for answering the purposes of informed him of Cyrus's death, only in Clodius ; that on one side there was a formed him of Milo's approach. For most implacable hatred, on the other not why inform him of the death of Cyrus, the least; that the one had been continuwhom Clodius, when he went from Rome, ally employing himself in acts of violence, left expiring? I was with him, and sealed the other only in opposing them; that the up his will along with Clodius; for he had life of Milo was threatened, and his death publicly made his will, and appointed Clo, publicly foretold by Clodius, whereas nodius and me his heirs. Was a messenger thing of that kind was ever heard from sent him then by four o'clock the next day Milo; that the day fixed for Milo's jourto acquaint him with the death of a per ney was well known to bis adversary, while fon, whom but the day before, about nine Milo knew nothing when Clodius was to in the morning, he had left breathing his return; that Milo's journey was necessary, last ?
but that of Clodius rather the contrary ; Allowing it however to be so, what rea that the one openly declared his intention fon was there for hurrying back to Rome? of leaving Rome that day, while the other For what did he travel in the night-time? concealed his intention of returning ; that what occafioned all this dispatch ? was it Milo made no alteration in his measures, because he was the heir In the firft but that Clodius feigned an excuse for al. place, this required no hurry; and, in the tering his; that if Milo had designed to dext, if it had, what could he have got' way-lay Clodius, he would have waited for that night, which he must have loft, had him near the city till it was dark, but he come to Rome only next morning? that Clodius, even if he had been under And as a journey to town in the night was no apprehensions from Milo, ought to have rather to be avoided than defired by Clo. been afraid of coming to town so late at dius, so if Milo had formed any plot against night. his enemy, and had known that he was to Let us now consider the principal point, return to town that evening, he would whether the place where they encountered have ftopped and waited for him. He was most favourable to Milo, or to Clomight have killed him by night in a fuf- dius. But can there, my lords, be any picious place, infested with robbers. No room for doubt, or for any farther delibebody could have disbelieved him if he had ration upon that? It was near the estate denied the fac, fince even after he has of Clodius, where at least a thousand ableconfessed it, every one is concerned for bodied men were employed in his mad his safety. First of all, the place itself schemes of building. 'Did Milo think he would have been charged with it, being a should have an advantage by attacking haunt and retreat for robbers; while the him from an eminence, and did he for Hilent solitude and shades of night must this reason pitch upon that spot for the have concealed Milo: and then as such engagement ? or was he not rather exnumbers have been assaulted and plundered 'pected in that place by his adversary, who by Clodius, and so many others were ap- hoped the situation would favour his afprehensive of the like treatment, the fuf. fault? The thing, my lords, speaks for picion must naturally have fallen upon itself, which must be allowed to be of them; and, in short, all Etruria might the greatest importance in determining a have been prosecuted. But it is certain question. Were the affair to be repre. that Clodias, in his return that day from fented only by painting, instead of being Aricia, called at Albanum. Now though expressed by words, it would even then Milo had known that Clodius had left clearly appear which was the traitor, and Aricia, yet he had reason to suspect that which was free from all mischievous dehe would call at his feat which lies upon . figns; when the one was sitting in his the road, even though he was that day to chariot mufiled up in his cloak, and his return to Rome. Why then did he rot wife along with him. Which of these cir. either meet him sooner and prevent his cumstances was not a very great incur.. reaching it, or poft himself where he was brance ? the dress, the chariot, or the Inre Clodius was to pass in the night-time?. companion? How could he be worse I hus far, my lords, every circumstance equipped for an engagement, when he was concors to prove that it was for Milo's wrapt up in a cloak, embarrassed with a