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chariot, and almost fettered by his wife ? venge for their master's death. Why there Observe the other now, in the first place, did he give them their freedom! He was failying out on a sudden from his seat; afraid, I suppose, left they should betray for what reason? in the evening; what him, left they Mould not be able to endure urged him ? late; to what purpofe, espe- pain, left the torture should oblige them cially at that season? He calls at Pom to confess that P. Clodius was killed by pey's seat; with what view? To fee Pom Milo's servants on the Appian way. But pey! He knew he was at Alsium. To what occasion for torture? what was you see his house! He had been in it a thou to extort? If Clodius was killed ? he was: sand times. What then could be the rea but whether lawfully or unlawfully, can son of this loitering and shifting about? never be determined by torture. Wher He wanted to be upon the spot when Milo the question relates to the matter of fact, came up.

we may have recourse to the executioner; Now please to compare the travelling but when to a point of equity, the judge equipage of a determined robber with that mast decide. of Milo. Clodius, before that day, al Let us then here examine into what is ways travelled with his wife; he was then to be the subject of enquiry in the present without her: he never used to travel but case; for as to what you would extort by in his chariot; he was then on horseback : torture, we confess it all. But if you ack he was attended with Greeks wherever he why he gave them their freedom, rather went, even when he was harrying to the than why he bestowed so small a reward Tuscan camp; at that time he had nothing upon them, it shews that you do not even insignificant in his retinue. Milo, con know how to find fault with this action of trary to his usual manner, happened then your adversary. For M. Cato, who fits to take with him his wife's singers, and a on this bench, and who always speaks with whole train of her women: Clodius, who the utmoft resolution and steadiness, said, never failed to carry his whores, his Cata and faid it in a tumultuous assembly, which mites, and his bawds along with him, was however was quelled by his authority, then attended by none but those who seem that those who had defended their master's ed to be picked out by one another. How life, well deserved not only their liberty, came he then to be overcome ? Because but the highest rewards. For what rethe traveller is not always killed by the ward can be great enough for such affecrobber, but sometimes the robber by the tionate, such worthy and faithful servants, traveller; because, though Clodius was to whom their master is indebted for his prepared, and fell upon those who were life? And which is yet a higher obligaunprepared, yet Clodius was but a woman, tion, to whom he owes it, that his most in. and they were men. Nor indeed was Milo veterate enemy has not feafted his eyes, ever so little unprepared, as not to be and fatiated his wishes, with the fight of a match for himn almost at any time. He has mangled bloody corse. Who, if they was always sensible how much it was Clo had not been made free, these deliverers dius's interest to get rid of him, what an of their master, these avengers of guilt, inveterate hatred he bore to him, and what these defenders of innocent blood, mult. audacious attempts he was capable of; and have been put to the torture. It is mattherefore as he knew that a price was set ter, however, of no small satisfaction to upon his life, and that it was in a manner him, under his present misfortunes, to redevoted to destruction, he never exposed flect, that whatever becomes of himself, it to any danger without a guard. `Add he has had it in his power to reward them to this effect of accidents, the uncertain as they deserved. But the torture that is illue of all combats, and the common now inflicting in the porch of the temple chance of war, which often turns against of Liberty, bears hard upon Milo. Upon the victor, even when ready to plunder whose Naves is it inficted ? do you alk! and triumph over the vanquished. Add on those of P. Clodius. Who demanded the unskilfulness of a glucionous, drunken, them? Appius. Who produced them? apid leader, who when he had surround. Appius. From whence came they? from ed his adversary, never thought of his at. Appius. Good gods! can any thing be tendants that were behind ; from whom, more severe ? Servants are never examined fired with rage, and despairing of their against their masters but in cases of incest, master's life,

he fuffered the punishment as in the instance of Clodius, who now ap-' which those faithful laves infiated in re- proaches bearer the gods, than when he


made his way into their very presence; Milo's cause has ever been approved by for the same enquiry is made into his death, the senate ; for those wise men perceived as if their facred mysteries had been vio- the justice of his cause, his presence of lated. But our ancestors would not allow mind, and the resolution with which he a llave to be put to the torture for what made his defence. Have you forgot, my affected his master, not because the truth lords, when the news of Clodius's death could not thus be discovered, but because had reached us, what were the reports and their masters thought it dishonourable and opinions that prevailed, not only amongst worse than death itself. Can the truth be the enemies of Milo, but even amongst discovered when the flaves of the prosecu- fome other weak perfons, who affirmed cor are brought as witnesses against the that Milo would not return to Rome ? person accused ? Let us hear now what For if he committed the fact in the heat kind of an examination this was. Call in of passion, from a principle of resentment, Roscio, call in Casca. Did Clodius way. they imagined he would look upon the death lay Milo? He did. Drag them instantly of P. Clodius as of such consequence, that to execution: he did not. Let them have he could be content to go into banishment, their liberty. What can be more satisfac- after having satiated his revenge with the tory than this method of examination ? blood of his enemy; or if he put him

to They are hurried away on a sudden to the death with a view to the safety of his counrack, but are confined separately, and try, they were of opinion that the faine Ihrown into dungeons, that no person may brave man, after he had saved the state by have an opportunity of speaking to them : exposing his own life to danger, would At laft, after having been, for a hundred chearfully submit to the laws, and leaving days, in the hands of the prosecutor, he us to enjoy the blessings he had preserved, himself produces them. What can be be satisfied himself with immortal glory. more fair and impartial than such an exa Others talked in a more frightful manner, mination ?

and called him a Cataline; he will break But if, my lords, you are not yet con out, said they, he will seize some strong vinced, though the thing shines out with place, he will make war upon his country such strong and full evidence, that Milo How wretched is often the fate of those returned to Rome with an innocent mind, citizens who have done the most important unstained with guilt, undisturbed by fear, services to their country! their noblest and free from the accusations of con actions are not only forgot, but they are science; call to mind, I beseech you by even suspected of the molt impious. These the immortal gods, the expedition with suggestions therefore were groundless: yet which he came back, his entrance into the they must have proved too well founded, forum while the senate-house was in flames, had Milo done any thing that could not the greatness of soul he discovered, the be defended with truth and justice. look he assumed, the speech he made on Why should I mention the calumnics the occasion. He delivered himself up, that were afterwards heaped upon him ? not only to the people, but even to the And though they were such as would have fenate; nor to the fenate alone, but even filled any brealt with terror that had the to guards appointed for the public secu- least consciousness of guilt, yet how he rity; nor merely to them, but even to the bore them! Immortal gods!' bore them, authority of him whom the senate had in. did I say? Nay, how he despised and fet trusted with the care of the whole repub- them at nought! Though a guilty perlic, all the youth of Italy, and all the mi- son even of the greatest courage, nor an litary force of Rome: to whom he would innocent person, unless endued with the never have delivered himself, if he had greatest fortitude, could never have nenot been confident of the goodness of his glected them. It was whispered about, 'cause; especially as that person heard every that a vast number of shields, swords, report, was apprehensive of very great bridles, darts, and javelins might be found; danger, had many suspicions, and gave that there was not a street nor lane in the 'credit to some stories. Great, my lords, is city, where Milo had not hired a house; the force of conscience; great both in the that arms were conveyed down the Tiber innocent and the guilty; the first have no to his seat at Ocriculum; that his houie on fears, while the other imagine their pu- the Capitoline hill was filled with shields; nishment is continually before their eyes. and that every other place was full of Nor indeed is it without good reason that hand-granades for firing the city. These


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stories were not only reported, but almost may hear me. If you are afraid of. Milo, believed ; nor were they looked upon as if you imagine that he is either now formgroundless till after a search was made. I ing, or has ever before contrived, any could not indeed but applaud the wonder- wicked design againft your life ; if the ful diligence of Pompey upon the occa- forces of Italy, as some of your agents alfion: but to tell you freely, my lords, what ledge, if this armed force, if the Capitoline I think: those who are charged with the troops, if these centries and guards, if the care of the whole republic, are obliged to chosen band of young men that guard your hear too many stories; nor indeed is it in person and your house, are armed against their power to avoid it. He could not re- the assaults of Milo; if all these precaufufe an audience to a paultry fellow of a tions are taken and pointed against him, priest, Licinius I think he is called, who great undoubtedly must be his strength, gave information that Milo's flaves, hav- and incredible his valour, far surpalling ing got drunk at his house, confessed to the forces and power of a single man, fince him a plot they had formed to murder the most eminent of all our generals is Pompey, and that afterwards one of them fixed upon, and the whole republic armed had itabbed him, to prevent his discover to refiit him. But who does not know, ing it. Pompey received this intelligence that all the infirm and feeble parts of the at his gardens. I was sent for immedi- state are committed to your care, to be ately; and by the advice of his friends restored and strengthened by this armed the affair was laid before the senate. I force? Could Milo have found an oppor. could not help being in the greatest con- tunity, he would immediately have confternation, to see the guardian both of me vinced

you, that no man ever had a Itronger and my country under so great an appre. affection for another than he has for you; hension; yet I could not help wondering, that he never declined any danger, where that such credit was given to a butcher; your dignity was concerned; that, to raise that the confeslions of a parcel of drunken your glory, he often encountered that monNaves should be read; and that a wound in ster Clodius ; that his tribunate was emthe side, which seemed to be the prick ployed, under your direction, in securing only of a needle, should be taken for the my safety, which you had then so much at thruit of a gladiator. But, as I under- heart; that you afterwards protected him, stand, Pompey was shewing his caution, when his life was in danger, and used your rather than his fear; and was disposed to interest for him, when he stood for the be fufpicious of every thing, that you prætorship; that there were two persons might have reason to fear nothing. There whose warmest friendship he hoped he was a rumour. also, that the house of C. might always depend upon; yourself, on Cæsar, so eminent for his rank and cou account of the obligations you laid him rage, was attacked for several hours in the under, and me on account of the favours night. Nobody heard, nobody perceiv. I received from him. If he had failed ed any thing of it, though the place was in the proof of all this; if your fufpi. so public; yet the affair was thought fit to cions had been so deeply rooted as not to be eriquired into. I could never suspect be removed; if Italy, in a word, muft a man of Pompey's distinguished valour, never have been free from new levies, of being timorous; nor yet think any nor the city from arms, without Milo's decaution too great in one, who has taken ftruction, he would not have scrupled, such upon himself the defence of the whole re- is his nature and principles, to bid adieu public. A fenator too, in a full house, to his country :-but first he would have atfirmned lately in the capitol, that Milo called upon thee, O thou great one, as he had a dagger under his gown at that very now does. time : upon which he stript himself in that Consider how uncertain and variable the moit sacred temple, that, fince his life and condition of life is, how unsettled and in. · manners could not gain him credit, the constant a thing fortune; what unfaithfulthing itself might speak for him. ness is to be found amongst friends; what

Thele ltories were all discovered to be disguises suited to times and circumstances; falie malicious forgeries: but if, after all, what desertion, what cowardice in our dan. Milo muit ftill be feared; it is no longer gers, even of those who are dearest to us. the affair of Clodius, but your suspicions, There will, there will, I say, be a time, Pompey, which we dread: your, your su- and the day will certainly come, when you, {picions, I say, and speak iç so, that you with safety fill, I hope to your fortunes,


though changed perhaps by some turn of teries our noblest matrons discovered even the common times, which, as experience in the most facred recesies of the immortal thews, will often happen to us all, may gods: the man, by whole punishment the want the affection of the friendliest, the fenate frequently determined to atone for fidelity of the worthielt, and the courage of the violation of our religious rites: the the bravest man living. Though who can man whose incelt with his own siler, Lubelieve that Pompey, so well killed in the cullus fiore he had discovered, by due laws of Rome, in ancient usages, and the examination: the man who, by the violence conftitution of his country, when the senate of his Naves, expelled a person elleemed had given it him in charge, to see that by the senate, the people, and all nathe republic received no detriment; a fen- tions, as the preserver of the city and the tence always sufficient for arming the con- lives of the citizens: the man, who gave fels without affigning them an armed force; and took away kingdoms, and parcelled that he, I say, when an army and a cholen out the world to whom he pleased: the band of soldiers were aligned him, should man who, after having committed several wait the event of this trial, and defend murders in the forum, by force of arms the conduct of the man who wanted to obliged a citizen of illustrious virtue and abolish trials? It was sufficient that Pom- character to confine himself within the pey cleared Milo from those charges that walls of his own house: the man, wbo were advanced against him, by enacting a thought no inítance of villainy or luft law, according to which, in my opinion, unlawful: the man, who fired the table Milo ought, and by the confession of all, of the Nymphs, in order to destroy the might lawfully be acquitted. But by fit- public register, which contained the centing in that place, attended by a numerous sure of his crimes; in a word, the man, guard assigned him by public authority, who governed himself by no law, dilre. he sufficiently declares his intention is not garded all civil inftitutions, and observed to overawe, (for what can be more un no bounds in the division of property; who worthy a man of his character, than to never attempted to seize the eitate of oblige you to condemn a person, whom, another by quirks of law, suborned evi. from numerous precedents, and by virtue dence, or falle oaths, but employed the of his own authority, he might have pu- more effectual means of regular troops, nilhed himself) but to protect you: he encampments, and itandards; who by his means only to convince you that, notwith- armed forces endeavoured to drive from standing yesterday's riotous assembly, you their posleffions, not only the Tuscans (for are at full liberty to pass sentence accord- them he utterly despiled) but Q. Varius, ing to your own judgments.

one of our judges, that brave man and But, my lords, the Clodian accusation worthy citizen ; who with his architects gives me no concern; for I am not so stu- and measures traversed the estates and garpid, fo void of all experience, or so igno- dens of a great many citizens, and graiped rant of your sentiments, as not to know in his own imagination all that lies beyour opinion in relation to the death of tween Janiculum and the Alps; who when Clodius. And though I had not refuted he could not perfuade Titus Pecavius, an the charge, as I have done, yet Milo illustrious and brave Roman knight, to sell might, with safety, have made the follow an island upon the Pretian lake, immedia ing glorious declaration in public, though ately conveyed timber, ftone, morar and a false one; I have slain, I have Nain, fand, into the island in boats, and made not a Sp. Mælius, who was suspected of no fcruple of building a houle on another aiming at the regal power, because he person's estate, even while the proprietor courted the favour of the people by lower- was viewing him from the opposite bank; ing the price of corn, and bestowing ex- who had the impudence, immortal gods! travagant presents to the ruin of his own to declare to such a man as 'Titus Furtaeftate; not a Tiberius Gracchus, who fe- nius (for I shall omit the affair relating to ditiously deposed his colleague from his the widow Scantia, and the young Apromagiftracy; though even their destroyers nius, both of whom he threatened with have filled the world with the glory of death, if they did not yield to him the their exploits : but I have Nain the man possession of their gardens) ; who had (for he had a right to use this language, impudence, I say, to declare to Titus Furwho had saved his country at the hazard fanius, that if he did not give him the of his own life) whose abominable adul. sum of money he demanded, ie would




convey a dead body into his house, in of the bravest generals ; but none of them order to expose so eminent a man to the ever occasioned such real and lafting joy. public odium; who disposieffed his brother Commit this, my lords, to your memoAppius of his estate in his absence, a man ries. I hope that you and your children united to me in the closest friendship: will enjoy many blessings in the republic, who attempted to run a wall through a and that each of them will be attended court-yard belonging to his sister, and to with this reflection, that if P. Clodius

uild it in such a manner as not only to had lived, you would have enjoyed none render the court-yard useless, but to de- of them. We now entertain the highest, prive her of all entrance and access to her and, I trust, the best-grounded hopes, house.

that fo excellent a person being consul, Yet all these violences were tolerated, the licentiousness of men being curbed, though committed no less against the com their schemes broke, law and justice ettamonwealth than against private persons, blished, the present will be a most fortu, against the remoteft as well as the nearest, nate year to Rome. But who is so stupid strangers as well as relations; but the as to imagine this would have been the amazing patience of Rome was become, I case had Clodius lived ? How could you know not how, perfectly hardened and cal- possibly have been secure in the possession lous. Yet by what means could you have of what belongs to you, of your own priwarded off those dangers that were more property, under the tyranny of such a immediate and threatening, or how could fury? you have submitted to his government, if I am not afraid, my lords, that I should he had obtained it? I pafs by our allies, seem to let my resentment for personal inforeign nations, kings and princes; for it juries rise fo high, as to charge these things was your ardent prayer that he would turn upon him with more freedom than truth. himself loose upon those rather than upon For though it might be expected this should your estates, your houses, and your mo. be the principal motive, yet so common an ney. Your money did I say? By heavens, enemy was he to all mankind, that my he had never restrained his unbridled luft aversion to him was scarcely greater than from violating your wives and children. that of the whole world. It is impossible Do you imagine that these things are mere to express, or indeed to imagine, what a fictions ? are they not evident? not pub- villain, what a pernicious monster he was. licly known ? not remembered by all? Is But, my lords, attend to this; the present it not notorious that he attempted to raise trial relates to the death of Clodius: form an army of slaves, ftrong enough to make now in your minds (for our thoughts are him master of the whole republic, and of free, and represent what they please just the property of every Roman? Wherefore in the fame manner as we perceive what if Milo, holding the bloody dagger in his we fee) form, I say, in your minds the hand, had cried aloud, Citizens, I beseech picture of what I Mall now describe. Supyou draw near and attend : I have killed pose I could persuade you to acquit Milo, Publius Clodius: with this right-hand, with on condition thai Clodius should revive. this dagger, I have saved your lives from Why do your countenances betray those that fury, which no laws, no government marks of fear? how would he affect you could restrain : to me alone it is owing, when living, if the bare imagination of that justice, equity, laws, liberty, modesty, him, though he is dead, so powerfully and decency, have yet a being in Rome: ftrikes you what! if Pompey himself, a could there be any room for Milo to fear man poslessed of that merit and fortune how his country would take it? Who is which enable him to effect what no one there now that does not approve and ap- besides can; if he, I say, had it in bis plaud it? Where is the man that does not power either to appoint Clodius's death to think and declare it as his opinion, that be enquired into, or to raise him from the Milo has done the greatest possible service dead, which do you think he would chuse? to his country; that he has spread joy Though from a principle of friendship he amongst the inhabitants of Rome, of all might be inclined to raise him from the Italy, and the whole world ? I cannot in- dead, yet a regard to his country would deed determine how high the transports prevent him. You therefore fit as the of the Roman people may have risen in avengers of that man's death, whom you former times, this present age however would not recall to life if you were able; has been wiiness to many signal victories and enquiry is made into his death by a


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