mafter, were, fome of them, flain; whilst the reft, seeing a warm engagement near the chariot, being prevented from going to their master's affiftance, hearing befides from Clodius himself that Milo was killed, and believing it to be fact, acted upon this eccafion (I mention it not with a view to elude the accufation, but because it was the true state of the cafe) without the orders, without the knowledge, without the preience of their matter, as every man would with his own fervants fhould act in the like circumftances. This, my lords, is a faithful account of the matter of fact: the perfon who lav in wait was himfelf overcome, and force fubdued by force, or rather, audacioufnefs chaftifed by true valour. I fay nothing of the advantage which ac crues to the ftate in general, to yourselves in particular, and to all good men; I am content to wave the argument I might draw from hence in favour of my client, whofe destiny was fo peculiar, that he could not fecure his own fafety, without fecuring yours and that of the republic at the fame time. If he could not do it lawfully, there is no room for attempting his defence. But if reafon teaches the learned, neceffity the barbarian, common cuftom all nations in general, and even nature itself instructs the brutes to defend their bodies, limbs, and lives, when attacked, by all poffible methods, you cannot pronounce this action criminal, without determining at the fame time that whoever falls into the hands of a highwayman, muft of neceflity perith either by the fword or your decifions. Had Milo been of this opinion, he would certainly have chofen to have fallen by the hand of Clodius, who had more than once before this made an attempt upon his life, rather than be executed by your order, becaufe he had not tamely yielded himfelf a victim to his rage. But if none of you are of this opinion, the proper question is, not whether Clodius was killed; for that we grant; but whether justly or unjustly, an enquiry of which many precedents are to be found. That a plot was laid, is very evident; and this is what the fenate de creed to be injurious to the ftate: but by which of them laid, is uncertain. This then is the point which the law directs us to enquire into. Thus, what the fenate decreed, related to the action, not the man; and Pompey enacted not upon the matter of fact but of law. Is nothing elfe therefore to be determined but this fingle queftion, which of them way-laid the other? Nothing, certainly. If it appear that Milo was the aggreffor, we afk no favour; but if Clodius, you will then acquit us of the crime that has been laid to our charge. What method then can we take to prove that Cledius lay in wait for Milo? It is fufficient, confidering what an audacious abandoned. wretch he was, to fhew that he lay under a strong temptation to it, that he formed great hopes, and proposed to himself great advantages from Milo's death. Let that queftion of Caffius therefore, whoje interest was it? be applied to the prefent cale. For though no confideration can prevail upon a good man to be guilty of a bafe action, yet to a bad man the least profpect of advantage will often be fuflicient. By Milo's death, Clodius not only gained his point of being prætor, without that reftraint which his adverfary's power as conful would have laid upon his wicked defigns, but likewife that of being prætor under thote confuls, by whofe connivance at leaft, if not affiftance, he hoped he fhould be able to betray the state into the mad fchemes he had been forming; perfuading himfelf, that as they thought themfelves under fo great an obligation to him, they would have no inclination to oppofe any of his attempts, even if they should have it in their power; and that if they were inclined to do it, they would perhaps. be fcarce able to controul the most profigate of ail men, who had been confirmed and hardened in his audacioufness by a long feries of villainies. Are you then, my lords, alone ignorant? are you ftrangers in this city? Has the report, which fo generally obtains in the town, of thofe laws(if they are to be called laws, and not rather the fcourges of the city, and the plagues of the republic) which he intended. to have impofed and fixed as a brand of infamy upon us all, never reached your ears? Shew us, I beg of you, Sextus Clodius, fhew us, that register of your laws; which, they fay, you rescued out of his houfe, and carried off like another Palladium, in the midst of an armed force and a midnight mob; that you might have an honourable legacy, and ample inftructions for fome future tribune, who fhould hold his office under your direction, if fuch a tribune you could find. Now he cafts a look at me, like that he used to affume when he threatened univerfal ruin. I am indeed ftruck with that light of the fenate. What, Sextus, do you imagine I am angry with you, who have treated my greatest enemy with more feverity than the humanity of my temper could have allowed me to have required? You threw the bloody body of P. Clodius out of his houfe, you expofed it to public view in the treets, you left it by night a prey to the dogs, half confumed with unhallowed wood, ftript of its images, and deprived of the ufual encomiums and funeral pomp. This, though it is true you did it out of mere neceffity, I cannot commend: yet as my enemy was the object of your cruelty, I ought not certainly to be angry with you. You faw there was the greatest reafon to dread a revolution in the ftate from the prætorfhip of Clodius, unlefs the man, who had both courage and power to controul him, were chofen conful. When all the Roman people were convinced that Milo was the man, what citizen could have hefitated a moment about giving him his vote, when by that vote he at once relieved his own fears, and delivered the republic from the utmolt dange? But now Clodius is taken off, it requires extraordinary efforts in Milo to lupport his dignity. That fingular honour by which he was diftinguithed, and which daily increafed by his reprefing the outrages of the Clodian faction, vanished with the death of Clodius. You have gained this advantage, that there is now no citizen you have to fear; while Milo has left a fine field for displaying his valour, the intereft that fupported his election, and a perpetual fource of glory. Accordingly, Milo's election to the confulate, which could never have been hurt while Clodius was living, begins now upon his death to be difputed. Milo, therefore, is to far from receiving any benefit from Clodius's death, that he is really a fufferer by it. But it may be faid that hatred prevailed, that anger and refentment urged him on, that he avenged his own wrongs, and redrefied his own grievances. Now if all there particulars may be applied not merely with greater propriety to Clodius than to Milo, but with the utmoft propriety to the one, and not the leaf to the ather; what more can you defire? For why fhould Milo bear any other hatred to Clodius, who furnished him with fuch a rich 2 harveft of glory, but that which every patriot must bear to all bad men? As to Clodius, he had motives enough for bearing ill-will to Milo; firft, as my protector and guardian; then as the oppofer of his mad fchemes, and the controuler of his armed force; and, lastly, as his accufer. For while he lived, he was liable to be convicted by Milo upon the Plotian law. With what patience, do you imagine, fuch an imperious fpirit could bear this? How high muft his refentment have rifen, and with what juftice too, in fo great an enemy to juftice? It remains now to confider what arguments their natural temper and behaviour will furnish out in defence of the one, and for the conviction of the other. Clodius never made ufe of any violence, Milo never carried any point without it. What then, my lords, when I retired from this city, leaving you in tears for my departure, did I fear flanding a trial: and not rather the infults of Clodius's flaves, the force of arms, and open violence? What reafon could there be for restoring me, if he was not guilty of injustice in banithing me? He had fummoned me, I know he had, to appear upon my trial; had fet a fine upon me, had brought an action of treafon against me, and I had reason to fear the event of a trial in a caufe that was neither glorious for you, nor very ho nourable for myself. No, my lords, this was not the cafe; I was unwilling to expose my countrymen, whom I had faved by my counfels and at the hazard of my life, to the fwords of flaves, indigent citizens, and a crew of rufians. For I faw, yes, I myself beheld this very Q. Hortenfius, the light and ornament of the republic, almoft murdered by the hands of flaves, while he waited on me and it was in the fame tumult, that C. Vibienus, atenator of great worth, who was in his company, was handled to roughly, that it cost him his life. When, therefore, has that dagger, which Clodius received from Cataline, refted in its fhenth? it has been aimed at me; but I would not fuffer you to expofe yourfelves to its rage on my account; with it he lay in wait for Pompey, and stained the Appian way, that monument of the Clodian family, with the blood of Papirius. The fame, the very fame weapon was, after a long distance of time, again turned against me; and you know how narrowly I cfcaped being deftroyed by it lately lately at the palace. What now of this kind can be laid to Milo's charge? whofe force has only been employed to fave the ftate 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 himfelf upon him, when he was defending his houfe and household gods against his affault? might he not, when that excellent citizen and brave man, P. Sextus, his colleague, was wounded? might he not, when Q. Fabricius, that worthy man, was abuf. ed, and a most barbarous flaughter made in the forum, upon his propofing the law for my reftoration? 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 paffed in relation to me? when a vaft concourse of people from all parts of Italy, animated with a concern for my fafety, would, with joyful voice, have celebrated the glory of the action, and the whole city have claimed the honour of what was performed by Milo alone? At that time P. Lentullus, a man of diftinguished worth and bravery, was conful; the profeffed enemy of Clodius, the avenger of his crimes, the guardian of the fenate, the defender of your decrees, the fapporter of that public union, and the reftorer of my fafety: there were feven prætors, and eight tribunes of the people in my intereft, in oppofition to him. Pompey, the firft mover and patron of my return, was his enemy; whofe important and illuftrious decree for my restoration was feconded by the whole fenate; who encouraged the Roman people, and when he paffed a decree in my favour at Capua, gave the fignal to all Italy, folicitous for my fafety, and imploring his affiftance in my behalf, to repair in a body to Rome to have my fentence reverfed. In a word, the citizens were then fo inflamed with rage against him from their affection to me, that had he been killed at that junctare, they would not have thought fo much of acquitting as of rewarding the perfon by whofe hand he fell. And yet Milo fo far governed his temper, that though he profecuted him twice in a court of judicature, he never had recourfe to violent meafures against him. But what do I fay? while Milo was a private perfon, and food accused by Clodius before the people, when Pompey was affaulted in the midft of a fpeech he was making in Milo's favour, what a fair opportunity, and I will even add, fufficient reafon was there for difpatching him? Again, when Mark Antony had, on a late occafion, raised in the minds of all good men the moft lively hopes of feeing the ftate in a happier condition; when that noble youth had bravely undertaken the defence of his country in a moft dangerous quarter, and had actually fecured that wild beat in the toils of justice, which he endeavoured to avoid: Immortal gods! how favourable was the time and place for deftroying him? When Clodius concealed himself beneath a dark ftair-cafe, how easily could Milo have deftroyed 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 fwords and throw stones; and then on a fudden, being ftruck with terror at the fight 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 chufe to incur the ill-will of any, by an action which he forbore when it would have gained him the applaufe of all? Would he make no fcruple 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 juftice on his fide, had fo convenient an opportunity, and would have, run no rifque efpecially, my lords, when his ftruggle for the fupreme office in the ftate, and the day of his election was at hand; at which critical feafon (for I know by experience how timorous ambition is, and what a folicitous concern there is about the confulate) we dread not only the charges that may openly be brought against us, but even the moft fecret whispers and hidden furmifes; when we tremble at every rumour, every falfe, forged, and frivolous ftory; when we explore the features, and watch the looks of every one we meet. For nothing is fo changeable, fo ticklish, fo frail, and fo flexible, as the inclinations and fentiments of our fellow-citizens upon fuch occafions; they are not only dif pleafed with the dishonourable conduct of a candidate, but are often difgufted with his moft worthy actions. Shall Milo then be fuppofed, on the very day of election, a day which he had long wished for and impatiently expected, to prefent himself before that auguft affembly of the centuries, having his hands ftained with blood, publicly acknowledging and proclaiming his guilt? Who can believe this of the man? yet who can doubt, but that Clodius imagined he fhould reign without controul, were Milo murdered? What fhall we fay, my lords, to that which is the fource of all audacioufnefs? Does not every one know, that the hope of impunity is the grand temptation to the commiffion of crimes? Now which of thefe two was the most expofed to this? Milo, who is now upon his trial for an action which must be deemed at least neceflary, if not glorious; or Clodius, who had to thorough a contempt for the authority of the magiftrate, and for penalties, that he took delight in nothing that was either agreeable to nature or confiftent with law? But why fhould I labour this point fo much, why dispute any longer? I appeal to you, Q. Petilius, who are a moft worthy and excellent citizen; I call you, Marcus Cato, to witnefs; both of you placed on that tribunal by a kind of fupernatural direction. You were told by M. Favonius, that Clodius declared to him, and you were told it in Clodius's life-time, that Milo fhould not live three days longer. In three days time he attempted what he had threatened: if he then made no fcruple of publishing his defign, can you entertain any doubt of it when it was actually carried into execution? But how could Clodius be certain as to the day? This I have already accounted for. There was no difficulty in knowing when the dictator of Lanuvium was to perform his ftated facrifices. He faw that Milo was obliged to fet out for Lanuvium on that very day. Accordingly he was before-hand with him. But on what day? that day, on which, as I mentioned before, a mad affembly was held by his mercenary tribune; which day, which affembly, which tumult, he would never have left, if he had not been eager to execute his meditated villainy. So that he had not the leaft pretence for undertaking the journey, but a frong reason for laying at home: while Milo, on the contrary, could not poffibly day, and had not only a fufficient reafon for leaving the city, but was under an abfolute neceffity of doing it. Now what if it appear that, as Clodius certainly knew Milo would be on the road that day, Milo could not fo much as fufpect the fame of Clodius? First then, I ask which way he could come at the knowledge of it? A queftion which you cannot put, with repect to Clodius. For had he applied to no body elfe, 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. Befides, there were many other perfons, 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 fhall grant farther, with my friend Arrius, fo liberal am I in my conceffions, that he corrupted a flave. Read the evidence that is before you; C. Caffinius, of Interamna, furnamed Scola, an intimate friend and companion of P. Clodius, who fwore on a former occafion that Clodius was at Interamna and at Rome at the fame hour, tells you that P. Clodius intended to have spent that day at his feat near Alba, but that hearing very unexpectedly of the death of Cyrus the architect, he determined immediately to return to Rome. The fame evidence is given in by C. Clodius, another companion of P. Clodius. In the next Obferve, 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 defign to way-lay Clodius, as he could not have the least profpect of meeting him. place (for 1 fee no reafon why I should not likewife fpeak for myself) you know, my lords, there were perfons who in their zeal for carrying on this profecution did not fcruple to fay, that though the murder was committed by the hand of Milo, the plot was laid by a more eminent perfon. In a word, thofe worthlefs and abandoned wretches represented me as a robber and affaffin. But this calumny is confuted by their own witneffes, 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 fpirits; I am acquitted, and am under no apprehenfions, left I fhould feem to have contrived what I could not fo much as have fufpected. Proceed I now to their other objections; Clodius, fay they, had not the leaft thought of way-laying Milo, because he was to have remained at Albanum, and would never have gone from his country-feat to commit a murder. But I plainly perceive that the perfon, 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 fealed up his will along with Clodius; for he had publicly made his will, and appointed Clodius and me his heirs. Was a meffenger fent him then by four o'clock the next day to acquaint him with the death of a perfon, whom but the day before, about nine in the morning, he had left breathing his laft? Allowing it however to be fo, what reafon was there for hurrying back to Rome? For what did he travel in the night-time? what occafioned all this difpatch? 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 loft, had he come to Rome only next morning? And as a journey to town in the night was rather to be avoided than defired by Clodius, fo if Milo had formed any plot against his enemy, and had known that he was to return to town that evening, he would have ftopped and waited for him. He might have killed him by night in a fufpicious place, infefted with robbers. Nobody could have disbelieved him if he had denied the fact, fince even after he has confeffed it, every one is concerned for his fafety. First of all, the place itfelf would have been charged with it, being a haunt and retreat for robbers; while the filent folitude and fhades of night muft have concealed Milo: and then as fuch numbers have been affaulted and plundered by Clodius, and fo many others were apprehenfive of the like treatment, the fufpicion muft naturally have fallen upon them; and, in fhort, all Etruria might have been profecuted. 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 reafon to fufpect that he would call at his feat which lies upon the road, even though he was that day to return to Rome. Why then did he not either meet him fooner and prevent his reaching it, or poft himself where he was fure Clodius was to pass in the night-time? Thus far, my lords, every circumftance concurs to prove that it was for Milo's 4 intereft Clodius fhould live; that, on the contrary, Milo's death was a most defirable event for anfwering the purposes of Clodius; that on one fide there was a moft implacable hatred, on the other not the leaft; that the one had been continually employing himself in acts of violence, the other only in oppofing them; that the life of Milo was threatened, and his death publicly foretold by Clodius, whereas no thing of that kind was ever heard from Milo; that the day fixed for Milo's journey was well known to his adverfary, 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 excufe for altering his; that if Milo had defigned 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 apprehenfions from Milo, ought to have been afraid of coming to town fo late at night. Let us now confider 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 ablebodied men were employed in his mad fchemes of building. Did Milo think he fhould have an advantage by attacking him from an eminence, and did he for this reafon pitch upon that spot for the engagement ? or was he not rather expected in that place by his adverfary, who hoped the fituation would favour his affault? The thing, my lords, speaks for itself, which must be allowed to be of the greatest importance in determining a queftion. Were the affair to be reprefented only by painting, inftead of being expreffed by words, it would even then clearly appear which was the traitor, and which was free from all mischievous defigns; when the one was fitting in his chariot muffled up in his cloak, and his wife along with him. Which of thefe circumftances was not a very great incum brance? the dress, the chariot, or the companion? How could he be worse equipped for an engagement, when he was wrapt up in a cloak, embarraffed with a X x 2 chariot, |