Monday, 13 August 2012

CICERO: "PRO MILONE"

MARCUS TULLIUS CICERO'S SPEECH TO THE JUDGES ON BEHALF OF TITUS ANNIUS MILO

Preface.


Cicero's speech in defence of Titus Annius Milo in April 52 B.C. the "Pro Milone", was considered by many ancient authorities on Latin oratory, including Quintilian (40-118 A.D.), to be his masterpiece of forensic oratory. Although the final published version, which is the work translated below, was never delivered in its present form, it is based on the speech which Cicero very courageously gave on the fourth day of Milo's trial before a Forum packed with soldiers, and which he made in defiance of the wishes of the sole consul, Pompey, who had ensured the arraignment of Milo for the murder of the demagogue, Publius Clodius, under a new law "de vi" ('concerning violence'), which he had just passed as part of a series of measures to clamp down upon the prevailing lawlessness which had been disfiguring the political scene in republican Rome for some years. 

The political backdrop to Cicero's speech is somewhat difficult to analyse. In 58 Clodius had managed to engineer the banishment of Cicero, whom he hated because he had demolished Clodius' alibi during the latter's trial for sacrilege in 61. The reason for Cicero's condemnation was that he had executed the Catilinarian conspirators in 63 without affording them the opportunity of due legal process. In 57 Pompey, who had left Cicero to his fate in 58, had exerted himself to arrange for the recall of Cicero and in so doing found an ally in Milo, who was tribune in that year, and who surrounded himself with a bunch of thugs to oppose the gangs through which Clodius had increasingly occupied the streets of Rome and threatened Pompey on the one hand and the Optimate group in the Senate on the other. With the assistance of  Milo's thugs, Pompey was able to secure Cicero's return. Milo had twice attempted to prosecute Clodius for "vis" in  57, but failed due to the disorder which Clodius was able to foment. In 56, when Milo lost the immunity of office at the end of his tribuneship, Clodius sought to prosecute him, but he was successfully defended by Pompey. At this point Pompey was undoubtedly close to Milo, but later in 56 Pompey and Clodius were reconciled. The street-fighting which had been so prevalent during 58-56 began to reduce, but in late 53 it began again when Milo was a candidate for consul and Clodius for praetor. During 52 Pompey was gradually moving closer to the Optimate clique, with whom Milo was closely associated, but by that stage Pompey and Milo were no longer allies, but increasingly opposed to one another. A clear symptom of this is that Milo's opponents during the consulship elections at the beginning of 52 (due to the violence no consuls had been elected in 53 to take over in 52), Publius Plautius Hypsaeus and Quintus Caecilius Metellus Pius Scipio were both nomineees of Pompey, as well as being supported by Clodius. It is clear by this time that Milo was now estranged from Pompey, and indeed the latter appeared to have believed that Milo was behind a plot to murder him. So, when Clodius was murdered during an affray between the adherents of the two gangsters at Bovillae, on the Appian Way about ten miles south of Rome on 18th January 52,  Pompey decided to act to stop the violence. His appointment as sole consul in February 52 is a clear sign of his rapprochement with the Optimates, who supported his very irregular election, but Pompey insisted on the prosecution of  Milo, as the price of their new alliance, despite the dismay of the Optimates. On the other hand, Cicero was not prepared to desert Milo, to whom he was obviously grateful for his previous support, and for whom he appears to have developed a genuine attachment, despite his unsavoury record as a gangster and desperado.  

Cicero's published speech on behalf of Milo was widely admired by the ancients for its careful structure and clever arguments. To modern ears it seems rather less attractive, however. With all due allowance for rhetorical exaggeration, Cicero's demonisation of Clodius and elevation of Milo to heroic status seem vastly overdone in both cases. At the same time, Cicero's total disregard for the truth, in portraying an accidental meeting which led to a cold-blooded decision by Milo to order the execution of the wounded Clodius, as an instance of self-defence following a wholly concocted conspiracy by Clodius to waylay and kill Milo, says little for Cicero's integrity. Nor is he even concerned to get the place of the murder correct, being determined to identify this as adjacent to Clodius' Alban farm, when he knew perfectly well the killing occurred at a roadside inn at Bovillae. Furthermore, his evident readiness to justify assassination of so-called demagogic tyrants as morally justified, indeed glorious, acts, also makes for uncomfortable reading, and is of course a precursor of his unpleasant gloating over the death of Caesar in 44. The fact that such sentiments could be aired so publicly in this speech tells us quite a lot about the culture of violence underlying Roman politics in the last decade of the republic. However, despite Cicero's deliberate obfuscation of the truth and emotional blackmail, at the end of the trial Milo was convicted by the votes of 38 jurors to 13, due partly to Pompey's pressure, but also due to the clear evidence that Milo had ordered Clodius' death. Whatever difficulties Clodius had caused, Milo's conduct was considered unacceptable.


Despite the above reservations, which to be fair reflect more the sensibilities of the modern reader and are  perhaps anomalous when applied to the standards of Cicero's own times, Cicero's Latin makes for compelling reading. At times translation is complicated by the need to understand the legal jargon of the Roman courtroom, and the need to be clear about whether particular references are to Milo or Clodius. The former is usually identified as "hic" ('this man') or one of its variants and the latter as "ille" ('that man') or one of its variants, but not always. Furthermore, the use by Cicero of heavy irony complicates the picture, and at times signifies that it is in fact Milo to whom he is referring when initially it seems to have been Clodius. The translation of speech can also be a little more demanding, because it contains more colloquial usages than are usually to be found in narrative prose. Sabidius has followed his usual practice in placing in parenthesis a literal translation when a slightlier freer version has seemed preferable in the text. He has also placed main verbs in italics and has underlined instances of the absolute ablative construction  - relatively rare in this work. 

The text for this translation is taken from "Cicero: Pro Milone", edited with introduction and notes by F.H.Colson, M.A., in the Macmillan's Elementary School Classics series, 1893.



A.  PRINCIPIUM OR PROOEMIUM (Introduction) (Chapters I-IX; Sections 1-23).

Chapter I.

(1) Although I fear, gentlemen of the jury (lit. judges), that it is a shameful thing for one beginning to speak on behalf of a very brave man to be afraid, and that, when Titus Annius himself is more alarmed for the  republic's safety than for his own, it is not at all becoming that I should not be able to bring to his cause a similar determination (lit. greatness of mind), yet this novel appearance of this new tribunal affrights my eyes, which in whatever direction they turn (lit. fall), look in vain for the familiarity of the Forum and the ancient practice of the courts. For your court is not surrounded by a ring (of bystanders), as used to be the custom, we are not accompanied by the usual throng, (2) those guards whom you see in front of all the temples, although they have been posted (there as a protection) against violence, yet they do not fail to (lit. they do not not) produce some (effect) [upon the speaker], so that (even) in the Forum and in the court-room, although we are enclosed by protective and necessary guards, yet we cannot even be relieved of (lit. we cannot even not) fear without some fear. (For), if I thought that these things were set up against Milo, I should yield to the critical circumstances, gentlemen of the jury, and I should think there was no place for an advocate amongst so great a force of armed men. But the good sense of Gnaeus Pompeius (Magnus) revives and restores me, that most wise and most just man, who would certainly have thought that it was neither compatible with (lit. [a mark] of) his justice to hand over to the weapons of his soldiers that same man whom he had committed (as) an accused person to the decision of the judges, nor compatible with (lit. [a mark] of) his wisdom to rouse (lit. arm) the reckless passion (lit. rashness) of a mob lashed into excitement by state support. (3) Therefore (lit. on account of which thing), those arms, those centurions, those cohorts do not suggest danger to us but protection, and they urge not only that we should be calm (lit. we should be of an undisturbed [mind]) but also that (we should be) determined (lit. of a great mind), nor do they promise only security (lit. assistance) to my defence, but also silence. Indeed the rest of the crowd, which is (composed) of citizens at any rate, is totally on our side (lit. ours), nor (is there) anyone among those whom you see gazing upon (us) from all the directions from which any part of the Forum can be seen, and awaiting the outcome of this trial, (who) does not only favour the courage of Milo, but (who) does (not) also think that today (lit. on today's day) the conflict is (lit. it is being fought) about himself, about his children, about his country, (and) about his possessions.

Chapter II.

There is one class opposed and hostile to us, namely (the class) of those, whom the madness of Publius Clodius (Pulcher) has glutted on rapine and arson and every kind of public disaster (lit. ruin); they were incited even at yesterday's assembly to dictate to you (lit. go before you in voice) what judgment you should give (lit. decide). The clamour of these men, if any (of it) by chance will have (reached you), ought to warn you to retain (as) a citizen him who has always slighted that type of men in favour of (lit. in comparison with) your safety. (4) Therefore (on account of which thing), be of strong mind (lit. be present in your minds), gentlemen of the jury, and set aside your fear, if you have any. For, if ever you have had (lit. there has been to you) the opportunity of deciding about good and brave men, if ever (you have had the opportunity) of deciding about well-deserving citizens, in short if ever the opportunity was given to chosen men of the most distinguished ranks, to proclaim by action and by formal verdict their enthusiasm towards brave and good citizens, which they have often indicated by looks and words, you really do have all that power at this time to determine whether we who have always been devoted (lit. given up to) to your authority, shall always be miserably in mourning, or whether, having long been harassed by the most abandoned citizens, we shall now at last be revived by you and by your loyalty, courage and wisdom. (5) For what (situation), gentlemen of the jury, (can be) more difficult, what (situation) can be expressed or imagined (to be) more full of anxiety, more harassing than (that of) us two, who, having been induced to (support) the republic by the hope of the most honourable rewards, cannot be freed from the fear of the cruellest punishments? For my part I have always thought that the other tempests and storms were only being encountered by Milo in the troubled waters (lit. waves) of those assemblies, because he had always declared (himself) on behalf of the good against the bad, but in in a court of justice and in that council, in which the most distinguished men from all the orders are sitting as judges, I have never imagined that Milo's enemies would have had any hope, not only of his safety being destroyed, but even of  his reputation being diminished at the hands of such men. (6) And yet in this case, gentlemen of the jury, we shall not take advantage of the tribunate of Titus Annius and all those things which he has done (lit. having been done [by him]) for the safety of the republic, for the purpose of our defence against this charge. Unless you see with your own eyes that a treacherous attack (was) made upon Milo by Clodius, we shall neither beseech (you) to pardon this offence of ours on account of our many pre-eminent services to the republic, nor (shall we) demand, that, if the death of Publius Clodius has been your salvation,  you should assign that to the virtue of Milo rather than to the good fortune of the Roman people for that reason. But, if that man's plots have been made clearer than the light of day (lit. this daylight), then indeed I shall implore and entreat you, gentlemen of the jury, that, (even) if we have lost everything else, this at least may be left to us, that it may be permitted (to us) to defend our lives from the audacity and the weapons of our enemies without punishment.   

Confutatio (Refutation) (Chapters III-VIII; Sections 7-23).

Chapter III.

(7) But before I come to that (part of) my speech, which is peculiar to your investigation, things seem necessary to be refuted, which have often been mentioned (lit. tossed about) in the Senate by our enemies, and in the assembly by scoundrels, and just now (lit. a little beforehand) by the prosecutors, so that, every misapprehension having been removed, you may be able to see clearly the matter which is coming to this court. They say that it is right for he who confesses that a man has been slain by him not to see the light. In what city, pray, are these most foolish of men claiming this? Why, (it is) in this city, which witnessed (as) its first capital trial (lit. trial concerning a man's life) (that) of Marcus Horatius, the bravest of men, who, the city not yet (being) liberated, was acquitted  by the assembly of the Roman people, although he confessed that his sister had been killed by his own hand. (8) Is there anyone who does not know this, that, when there is an investigation (lit. it is being investigated) concerning the murder of a man (lit. a man having been killed), it is usual either to deny (lit. for it it to be denied) altogether that it has happened, or for the defence to be offered (lit. for it be defended) that it has been done rightly and lawfully. Unless, indeed, you think that Publius  (Cornelius Scipio) Africanus (Aemilianus) was out of his mind, who, when he was asked by Gaius (Papirius) Carbo, a tribune of the people, at a factious meeting, what he thought about the death of Tiberius (Sempronius) Gracchus, replied that he seemed to have been justly killed. For it would not be possible for either the famous (Gaius) Servilius Ahala or Publius (Cornelius Scipio) Nasica or Lucius Opimius or Gaius Marius or the Senate during my consulship (lit. me [being] consul) not to be regarded (as) guilty, if it were wrong for wicked citizens to be put to death. Therefore, gentlemen of the jury, (it is) not without reason, even in mythical tales, (that) the most learned men have handed down to posterity this (story), that he, who had killed his mother for the sake of his father being avenged, the opinions of men having differed, (was) acquitted, not only by the divine (voice) but also by the verdict of the wisest goddess.  (9) But if the Twelve Tables maintained that a nocturnal thief could be killed under any circumstances, but a daytime (one) (only) if he were to defend himself with a weapon, who is there who thinks that punishment should follow (lit. [it is] right to be punished), in whatever way someone was slain, when he sees that sometimes a sword is offered to us by the laws themselves for the purpose of a man being killed?

Chapter IV. 

But if there is any occasion for a man to be justly slain, (of) which there are many, surely that (occasion) is not only just, but also necessary, when violence, having been offered, is repelled by force. When a military tribune in the army of Gaius Marius, (and) a relative of his commander (i.e. his nephew Gaius Lusius), indecently assaulted a soldier (lit. robbed a soldier of his modesty), he was slain by the man against whom he used force. For the virtuous young man preferred to act dangerously (rather) than to live (lit. endure) with shame. And that very great man acquitted him of guilt and freed (him) (lit. freed him, [who had been] acquitted of guilt) from danger. (10)  But what unjust death can be inflicted upon a waylayer and a brigand? What do our retinues, what (do) our swords mean? Surely it would not be permitted (to us) to have these, if it were not permitted by any agreement (lit. if it were permitted by no agreement) (for us) to use them. This therefore, gentlemen of the jury, is not a written law but (one) innate (in us), which we have not learnt, received (through tradition) (or) read, but (which) we have caught, imbibed (and) extorted from nature, for which we have not been taught but made, not trained but steeped in, so that, if our lives fall into some ambush, if (our lives fall) into violence and into the weapons of either robbers or personal enemies, every means of our safety being secured is morally right (lit. honourable). For laws are silent amongst arms, and do not require that they are waited for, since an unjust penalty must (lit. is needing to) be paid by him who is willing to wait (for legal protection), before a just (retribution may) (lit. [is] due to) be exacted in return (lit. claimed back). (11) And yet this law itself, very wisely and, in a certain manner, silently, gives (a man) the power of (self-)defence, (and) this (law) not only (forbids) a man to be killed, but forbids that he is with a weapon for the sake of a man being killed, so that, as the purpose, not the weapon, is the subject of the investigation (lit. is being investigated), (the man) who had used a weapon for the sake of himself being defended would be adjudged not to have used his weapon for the sake of a man being killed. And so let this (principle) stand (lit. remain) (as the law) in this case, gentlemen of the jury; for I do not doubt but that I shall make good my defence before you, if you will (only) remember something which you cannot forget, that a waylayer can justly be killed.  

Chapter V.

(12) This (point) follows, that it is very often said by the enemies of Milo that the Senate has decided that the slaughter, in which Publius Clodius was slain, was done contrary to the public interest. But, in fact, the Senate approved of that (homicide) not by its votes alone, but also by its enthusiasm. For how often has that cause been pleaded by us in the Senate, with what (great) assent of the entire body, (and) with what neither silent nor concealed (assent)! For when in a very full Senate have there been found four or, at the most, five (members) who did not support Milo's cause? Those lifeless harangues of this half-roasted tribune of the people (i.e. Titus Munatius Plancus Bursa) proclaimed (as much), (harangues) in which daily he spitefully complained of my 'domination' (lit. power), when he said that the Senate did not decree what it thought but what I wanted. If indeed that should (lit. is worthy to) be called 'domination' rather than a moderate influence in a righteous cause, either on account of my great services to the republic or due to some (lit. not no) regard (for me) among right-minded (lit. good) people on account of my dutiful efforts here, let it be called thus, if you like, provided that we employ it only for the safety of good citizens against the madness of the wicked. (13) But this special court, although it is not unjust, yet the Senate never thought that (it) should (lit. was needing to) be set up. For there were laws, there were tribunals (in existence) either for murder or for violent assault, nor did the death of Publius Clodius cause the Senate such sorrow and grief that a new (type of) court was (needing to be) established. For (as) the Senate's power of regulating the mode of trial concerning that incestuous outrage of his had been taken away (from it), who can believe that the Senate thought that a new mode of trial should (lit. was needing to) be appointed? Why therefore did the Senate decide that the burning of the Senate House, the attack on the house of Marcus (Aemilius) Lepidus, (and) this very homicide were done against the public interest? (Why,) because no violence is ever undertaken among citizens of a free state (which is) not contrary to the public interest. (14) For such defence against violence is not ever something to be wished for, but it is sometimes (lit. not never) necessary; otherwise we shall have to suppose (lit. unless indeed) either that day on which Tiberius (Sempronius) Gracchus was slain, or that (day) on which Gaius (Sempronius Gracchus) (was), or (that day) on which the arms of (Lucius Appuleius) Saturninus were suppressed, even if (these events happened) in accordance with the public interest, did not, however, wound the republic.

Chapter VI.

Therefore, when it was well-known that a homicide had occurred on the Appian (Way), I myself voted that he who had acted in self-defence (lit. had defended himself) had not acted against the public interest, but, since there was violence and treachery in the matter, I reserved the charge for trial, (and) I expressed my disapproval of the (whole) business. But, if it had been permitted to the Senate by that frantic tribune (i.e. Munatius Plancus) to undertake what it wished, we should (now) have no new (form of) trial. For it determined that an investigation should occur (lit. it should be investigated) out of turn (lit. outside the regular order) (but) only in accordance with the ancient laws. The motion was divided, whoever demanding (this) I do not know (N.B. it was actually Quintus Fufius Calenus); for  it is not necessary that I reveal the shame of every individual. So, the rest of the Senate's resolution was invalidated by this corrupt intercession.

(15) Ah, but Gnaeus Pompeius by his bill gave his decision both about the facts and about the lawsuit; for he brought in (a bill) about the homicide which had happened on the Appian Way, in which Publius Clodius had been slain. What therefore did he propose? Why, that there should be an investigation (lit. that it should be investigated). What then is to be enquired about? Whether it was committed? But it is agreed. By whom? But it is obvious. So he saw that a defence in law could yet be undertaken even at (the moment of) the confession of the act. But unless he had seen that he who confessed could be acquitted, when he saw that we were confessing, he would neither have ever ordered an investigation to be made (lit. that it should be investigated), nor would he have given you in your judgment the power to acquit as well as to condemn (lit. this wholesome letter [i.e. A = "absolvo", I acquit] as well as that melancholy [one] [i.e. C = "condemno", I condemn]). Indeed, Gnaeus Pompeius seems to me not only to have decided nothing too detrimental against Milo, but also to have determined what you ought (lit. it behoves you) to bear in mind in deciding. For he who did not give a punishment to the confession but (required) a defence (of it) thought that the cause of the death should (lit. was needing to) be investigated, not the death (itself). (16) He himself will surely now say whether he regarded that (act), which he took of his own accord, (as) something that should (lit. was needing to) be conceded to Publius Clodius or to some special exigency.

Chapter VII.

That most noble man, a champion of the Senate, and indeed, in those critical times, almost its defender, the uncle of yonder juryman of ours, that most fearless man, Marcus (Porcius) Cato, (namely) the tribune of the people Marcus (Livius) Drusus, was slain in his own house. (Yet) the people (were) not consulted in any way about his death, no investigation was voted by the Senate. We have heard from our fathers what great grief there was in this city, when that nocturnal assault had been made upon Publius Africanus, (while) sleeping in his own house! Who did not then groan, who did not burn with indignation that not even his inevitable death was awaited, in the case of a man whom everyone wished to be immortal, if that could happen? So was not any investigation of Africanus' death proposed? None indeed. Why so? (17) Because famous men are not murdered by one crime (and) obscure ones by another. Let there be a difference in their position during life between the highest and the lowest; yet let death, (if) brought about by wickedness be treated by both the same punishments and laws - unless perhaps he is (lit. will be) more of a parricide, if he has (lit. will have murdered) a father of consular rank than if he has (lit. will have) murdered (one) of low rank, or (if) the death of Publius Clodius is (lit. will be) more atrocious because he has been (lit. will have been) slain among the monuments of his ancestors; for this is often said by the other (lit. that) side; (it is) just as if the famous Appius (Claudius) Caecus had built that road not (as something) which  the people might use, but (as a place) where his own posterity might rob on the highway with impunity! (18) And therefore, (I suppose) in  that same Appian Way, when Publius Clodius had slain a most excellent Roman knight, Marcus Papirius, that crime did not require (any) punishment (lit. was not needing to be punished) (for a noble man had killed a Roman knight among his own family memorials); now what cant does the name of that same Appian (Way) arouse! (Though) bloodstained by the slaughter of an honourable and innocent man, it was previously ignored, (but) the same (road) is now mentioned incessantly, after it was drenched in the blood of a robber and a parricide. But why do I speak of those things? (For) a slave of Publius Clodius was seized in the Temple of Castor (i.e. where the Senate was then meeting), (a slave) whom that man had placed there with the purpose of  Gnaeus Pompeius being murdered. The dagger was wrested from his hands, with him confessing (lit. from the hands of him confessing). Afterwards Pompeius kept away from the Forum, kept away from the Senate, kept away from the public (view); he protected himself by his door and his walls, not by the legal authority of the law and the courts. (19) There wasn't any motion proposed, there wasn't any new (form of) tribunal voted, was there?  And yet, if any circumstance, if any man, if any occasion was worthy (of such a step), surely all these things were so in the highest degree in that case. The conspirator had been stationed in the Forum and in the very fore-court of the Senate, moreover death was being prepared for that man, upon whose life the safety of the state depended, (and) indeed at that crisis of the republic, when (lit. in which), if that one man had died (lit. fallen), not only this state but all nations would have collapsed - unless, indeed, there was no need for punishment (lit. it was not needing to be punished), because the crime (lit. business) had not been performed; (it was) just as if (only) the execution of crimes (lit. things), (and) not the intentions of men, are chastised by the law. Grief was less necessary (lit. It was less needing to be lamented), the crime (lit, business) not having been accomplished, but it was certainly nonetheless worthy of punishment (lit. worthy to be punished). (20) How often, gentlemen of the jury, I have escaped myself from the weapons of Publius Clodius and his bloody hands! If either my (good) fortune or (that) of the republic had not preserved me from them, who, pray, would have proposed any investigation into (lit. concerning) my death? 

Chapter VIII. 

But we are foolish to venture to compare Drusus, (or) to (venture to compare) Africanus, Pompeius (and) indeed ourselves with Publius Clodius. Those things were tolerable; (but) no one can bear with equanimity (lit. with a calm mind) the death of Publius Clodius; the Senate is in mourning, the equestrian order is grieving, the whole state is broken down with affliction, the municipalities are mourning, the colonies are distressed, even the very countryside feels the loss of such kindness, (and) so benevolent and gentle a citizen. (21) That was not the reason, gentlemen of the jury, it was not really why Pompeius thought that an investigation should (lit. was needing to) be proposed by him, but, (as) a man, wise and endowed with a lofty and a certain divine mind, he saw many things: that that man (i.e. Clodius) had been his enemy, (and) that Milo had been his close friend; he feared that, if he himself were also to rejoice in common with everyone, the authenticity of his restored accord (with Clodius) would seem more doubtful (lit. weaker). He saw many other things too, but this especially, that, however severely he himself were to have proposed (the motion), you would still make your judgment fearlessly. Therefore, he selected the very luminaries from the most eminent ranks (of the state), nor indeed did he set aside my friends for the purpose of the jurymen being chosen, (something) which some (lit. not none) are constantly saying. For neither did that most just man consider (doing) this, nor could he have achieved that in respect of the good men to be chosen, even if he had wished. For my influence is not limited to the circle of my intimate friends, which cannot extend widely, on account of the fact that this manner of living cannot exist with many people; but, if we can have any influence (lit. can avail anything), we can (do so) on this (account), because the republic has associated us with good people. When he (i.e. Pompeius) was selecting the best men out of these, and he thought that this pertained especially to his own credit, he could not select men (who were) not well-disposed towards me. (22) But in that he particularly wished you, Lucius Domitius (Ahenobarbus), to preside over this tribunal, he was not seeking anything else at all except a sense of justice, dignity, courtesy and integrity. He enacted that it was necessary for a man of consular rank (to preside over the tribunal), because, I suppose, he reckoned that it was the duty of our chief citizens to stand up to both the fickleness of the mob and the rashness of the profligate. Of the consulars he appointed you (as) the most capable, for even from your youth you had given the most striking (lit. greatest) proofs how greatly you despised the madness of the people.    

Chapter IX.

(23) (This section provides a recapitulation of the Confutatio, and states the main question to be answered at the trial.) Therefore (on account of which thing), gentlemen of the jury, in order that we may now at last come to the case and the charge, if avowal of the deed is not wholly unprecedented, nor has anything concerning our case been determined by the Senate otherwise than we should wish, and (if) the proposer of the law himself, although there was no dispute as to (lit.of) the deed, yet wished there to be a discussion of the law, and (if) such jurymen (have been) chosen and such a man has been appointed to preside over the investigation, who will decide the matter justly and wisely, it remains (lit. it is left), gentlemen of the jury, that you ought now to enquire into nothing other than which of the two men made a plot against the other. So that (lit. by which means) you can see  more easily through the arguments, attend carefully, I beg (you), while I briefly explain to you the events of the case (lit. the things having been done).

B.  NARRATIO (Statement of facts) (Chapters IX-XII; Sections 24-31).

(24) When Publius Clodius had decided to convulse the republic by every (kind of) wickedness during his praetorship, and saw that the elections had been so delayed the previous year that he could not undertake the praetorship for many months, since he was not looking for advancement in rank, as others (were), but both wished to avoid (having) Lucius (Aemilius) Paulus, a citizen of singular virtue, (as) a colleague, and was seeking a whole year for the purpose of the republic being torn to pieces, he suddenly abandoned his own year and transferred himself to the next year, not as (usually) happens, thorough some religious scruple, but so that he might have, as he himself said, a full and entire year for the praetorship to be conducted, that is for the purpose of the republic being overthrown. (25) It occurred to him that his praetorship would be crippled and weak, Milo (being) consul; moreover, he saw that he was likely to be elected (lit. he was becoming) consul with the highest (level of) consent of the Roman people. (So) he went (lit. betook himself) to his (i.e. Milo's) competitors (i.e. Publius Plautius Hypsaeus and Quintus Caecilius Metellus Pius Scipio), but in such a way that he himself managed the whole of their election campaign, even with them (being) reluctant; (and) he supported on his own shoulders, as he frequently said, the whole election. He called a meeting of the tribes, he made himself the go-between (lit. he interposed himself), (and) he registered a new Colline (tribe) by enrolment of the most worthless citizens. (But) as much as he created  (lit. mixed) more (disturbances), so much the more he (i.e. Milo) grew in strength on a daily basis. When that man (i.e. Clodius), (being) very ready for every (kind of) misdemeanour, saw that a very brave man, his greatest enemy, (was) a most certain consul, and he understood that that was frequently declared not only through the voice of public opinion (lit. through conversations) but also through the votes of the Roman people, he began to act publicly and to say that Milo must (lit. was needing to) be killed. (26) He had brought down from the Appennines rustic and barbarian slaves, whom you saw, (and) through whom he had ravaged the public forests and harassed Etruria. The matter was very little concealed. And indeed he frequently said publicly that the consulship could not be taken from Milo, (but) that his life could (be). He often hinted at this in the Senate, (and) he said (it) in the people's assembly; indeed, Marcus Favonius, that very gallant man, enquiring from him with what expectation he was raging (so violently), Milo (being) alive, he replied that in three days, or, at the most, four days, he would be dead; Favonius immediately reported this remark of his to Marcus Cato here.

Chapter X.

(27) In the meantime, as Clodius knew [for it was not difficult to know] that there was an annual religious, legitimate and necessary journey for Milo (to make) to Lanuvium on the 20th January (lit. on the 13th day before the Kalends of February) for the purpose of a priest being appointed at Lanuvium , because Milo was dictator (there), he himself suddenly set out on the previous day, to lay an ambush in front of his (i.e. Milo's) farm, something which was realised by the sequel (lit. event), and he set out under such circumstances that he forsook a turbulent assembly, which was held on that very day, at which his madness was missed, (and from) which he would never have been absent, if he had not wished to appear at that place and at that time for a crime. (28) Milo, on the other hand, as he had been in the Senate on that day, until the Senate was dismissed, came home, changed his shoes and his clothes, waited for a little, as (usually) happens, while his wife got herself ready, then set off at that time when Clodius could already have returned, if indeed he had been intending to come to Rome on that day. Clodius happens to meet him, (himself) unencumbered, on horseback, with no carriage, with no baggage, with no Greek companions, as he was accustomed (to have), without his wife, (something) which was almost never (the case), while this (so-called) waylayer (i.e. Milo), who is said to have arranged that journey for the purpose of murder being done, was being driven in a carriage with his wife, wearing a heavy travelling cloak, with a great (amount of) baggage, and with a feminine and feeble company of maidservants and pages (lit. boys). (29) He meets (lit. happens to meet) Clodius in front of his farm at about the eleventh hour, or not far off it (lit. not much different). Immediately several men with weapons make an attack upon him from higher ground, (and) those in the front kill the carriage-driver. But, when he had jumped down from his carriage, his cloak having been thrown back (over his shoulders), some of those men who were with Clodius, their swords having been drawnran back towards the carriage to attack Milo from the rear, others, because they thought he was already slain, began to slaughter his slaves, who were behind (him); of these, who were faithful to their master and resolute in spirit, some were killed, (and) others, when they saw that a battle was raging (lit. it was being fought) round the carriage, (but) were prevented from helping their master, when they heard from Clodius himself that Milo had been killed, and thought the report (was) true, these slaves of Milo, [for I am going to speak frankly, not for the sake of the charge being denied, but (I am going to tell it) as it happened], their master neither ordering (it), nor knowing (of it) nor being present (at it), did something which everyone would have wished his own slaves to do in such a situation. 

Chapter XI.

(30) These things, gentlemen of the jury, were done thus, just as I have explained; the waylayer was defeated, force (was) conquered by force, or rather audacity was overcome by virtue. I say nothing (about) what  the republic, nothing (about) what you, nothing (about) what all good men, have gained; indeed, let it be in no way advantageous to Milo, who was born with this destiny, that he could not even save himself without saving (lit. but that he saved) the republic and you at the same time. If that (act) could not be done justly, I have nothing which I can say in his defence. But if reason has both taught this (lesson) to educated men, and necessity (has taught it) to barbarians, and custom (has taught it) to the nations, and even nature itself (has taught it) to the wild beasts, that they should, at all times, repel all violence from their bodies, from their persons, (and) from their lives, (then) you cannot judge this deed (to have been) wrong, without judging (lit. but that you judge) at the same time, in the case of all men who have fallen among thieves, that they should (lit. that they are worthy to) be killed either by their weapons or by your sentence. (31) (This section, which ends the Narratio, repeats the summary of the Confutatio in Section 23, and states once again the main question to be answered at the trial.) But if he thought in this way, it would surely have been more preferable for Milo to give his throat to Publius Clodius, not having been attacked by him once (only), nor for the first time on that day, than to be destroyed by you because he had not surrendered himself to that man to be murdered. But if no one amongst you feels in such a way (as) this, that question which now comes to this court (is) not whether he was slain, which we admit, but (whether he was slain) justly or illegally, (something) which has often been the subject of enquiry (lit. been looked into) in many cases. It is clear that an ambush was laid, and that is (something) which the Senate has declared to have been done against the public interest; by which of the two men it was laid  is uncertain. Concerning this (issue), therefore, it has been ordered that there should be an investigation (lit. it should be investigated). And so the Senate has marked its disapproval of the incident, not the man, and Pompeius has set up this enquiry about the legal issues (that arise) (lit. the law), not the facts.

Chapter XII.

So surely (there is) not anything else (that) comes to this court, except which of the two men laid an ambush against the other. Nothing certainly; if he (i.e. Milo) laid it against that man (i.e. Clodius), then let him not be unpunished, (but) if that man (laid it) against him, then let us be acquitted of guilt.

C.  CONFIRMATIO (Proof) (Chapters XII-XXXIII; Sections 32-91).

(32) So by what (form of) agreement can it proved that Clodius had laid an ambush against Milo? In fact, it is enough, in the case of such an audacious, (and) such a wicked monster (as) that, to show that he would have had (lit. that there would have been to him) a strong incentive (lit. reason) (to do so), (and) great hopes with regard to Milo's death and a great advantage (arising from it). So let that (maxim) of (Lucius) Cassius (Longinus Ravilla), "to whose benefit" it was, apply (lit. be valid) in respect of the parties before us (lit. in respect of these persons), (for) even if good men are not persuaded by any inducements at all to (commit) a crime, wicked men often (are) by a trivial (one). Now, Milo having been slain, Clodius was going to gain the following (lit. these) things, not only that he would be praetor without having one (as) consul (lit. with that man not [being] consul), under whom he could do nothing of a criminal nature, but also that he would be praetor with those men (as) consuls, who, if not aiding, but at any rate conniving (at his actions), (such that) he hoped he could have a free hand in those planned madnesses of his; (and so that) those men (i.e. the consuls), as he himself calculated, would not wish to check his attempts, (even) if they could, when they considered that they owed him such a favour, and, if they did wish (to do so), that perhaps they would scarcely be able to break the audacity of that most wicked man, strengthened (as it) already (was) by his long-standing (record of crimes). (33) But are you alone unaware (of all this), gentlemen of the jury, are you living in this city (as) visiting strangers, are your ears gone abroad and do they not engage in the conversation spread about within this city (as to) what laws, if they are fit to be called laws, and not firebrands of the city (and) plagues of the republic, that man was intending to impose and inflict upon us all? Show (us), I beg (you), Sextus Clodius, show (us) that bookcase of your laws which they say that you saved from your house and bore aloft, like the Palladium, from the midst of weapons, and the nocturnal crowd, so that you could carry that splendid gift and instrument of the tribunate to someone, if you had found anyone who would undertake the duties of the tribunate in accordance with your directions. ['Would he have dared to make mention of this law, which (Sextus) Clodius boasts (was) devised by him, Milo (being) alive, not I say (being) consul? For, of all of us, I do not venture to say all (I was going to say). Consider what deadly faults that law would have had, of which even its refutation is hazardous.'] And he (i.e. Sextus Clodius) glared at me with that look (lit. those eyes) with which he was accustomed (to glare) on those occasions when he was threatening everyone with all (kinds of calamities).  For in fact that (burning) light of the Senate-House does disturb me.

Chapter XIII. 

What? Do you suppose that I (am) angry with you, Sextus, (I,) whose greatest enemy you punished much more cruelly even than it would have been a mark of my humanity to demand? You threw the bloody corpse of Publius Clodius out of the house, you flung (it) on the ground in public, you left (it) denuded of funeral portraits, funeral rites, its procession (and) its eulogy, charred by ill-omened faggots, to be torn to pieces by dogs during the night. For this reason, even if you acted impiously, yet, since you practised your cruelty upon my enemy, (though) I cannot praise (you), I certainly ought not to be angry.

(34) [You have heard, gentlemen of the jury, how much it mattered to Clodius] that Milo be killed; now direct your minds in turn to Milo. Why would it have mattered to Milo that Clodius be killed? What (reason) was there why Milo, I shall not say would have committed (such a crime), but would even have desired (to do so)? "Clodius was an obstacle to Milo in his hope for the consulship." But he was becoming (consul) in spite of his opposition (lit. with him opposing), or rather, in truth, he was becoming (consul) (all) the more (because of this), and he was not employing me (as) a better supporter than Clodius. The recollection, gentlemen of the jury, of Milo's services towards me and the republic had weight amongst you, our entreaties and tears, by which I perceived at that time that you were wonderfully moved, had weight (amongst you), but your fear of the impending dangers had much more weight. For who was there among the citizens who could picture to (lit. put before) himself the unrestrained praetorship of Publius Clodius without the greatest fear of a revolution (lit. new arrangements)? But you saw that it would be unrestrained, unless there was such a man (as) consul, who had the courage (lit. dared) and had the power to constrain it. Since the entire Roman people perceived that Milo alone was that man, who could (then) hesitate by his vote to free himself from his own fear and the republic from its peril? But now, Clodius having been removed, it is already necessary for Milo to struggle (lit. it is already needing to be struggled in the case of Milo) by the usual means (of a candidate) to protect his position; that special renown, then attributed to him alone, which was daily increasing by the frenzies of Clodius being crushed, has come to an end (lit. has fallen) by the death of Clodius. You have attained (your object), that you do not have to fear any citizen; he has lost (that opportunity for) the exercise of his valour, that recommendation for his consulship, (and) that unceasing source of his renown. Therefore Milo's (candidature for) the consulship, which could not be shaken, Clodius (being) alive, has begun to be checked only on his death (lit. [him] having died). So, the death of Clodius is not only no advantage at all to Milo, but it even hinders (him). (35) "But," (some will say,) "his hatred prevailed (with him), he acted in rage, he acted (as) an enemy, he was the avenger of his injuries, the punisher of his grievances." What (will I say to this)? If these (considerations) existed, I do not say in a greater degree in Clodius than in Milo, but in the greatest degree in the former and not at all in the latter, what more do you require? For why should Milo have hated Clodius, the root (lit. crop) and substance of his renown, beyond that political antipathy, through which we hate all evil men. (As for) that man (i.e. Clodius), there was (a reason) that he hated (Milo), firstly (as) the defender of my security, then (as) the opponent of his frenzy, (and) the conqueror (lit. the tamer) of his arms, (and) finally also (as) his accuser; for Clodius was liable to the prosecution of Milo under the Plotian law for as long as he lived.  With what feelings, pray, do you suppose that tyrant bore that? How intense (lit. great) do you think (was) his hatred, and how understandable (lit. just) was it even for an unjust man? 

Chapter XIV.

(36) It remains (lit. it is left) that his very disposition and manner of life should now be urged (lit. speak) in defence of the one, but that these same (considerations)  should tell against the other. "Clodius," (some will say,) "(had) not ever (done) anything by violence, (but) Milo (had done) everything by violence." What (then shall I say to this)? When I, gentlemen of the jury, departed from the city, with (all of) you grieving, was I (then) afraid of (the result of) a trial, but not (of) his slaves, not (of) his arms, not (of) his violence? What, therefore, had been the just cause of myself being restored, except (that the cause) of my ejection had been unjust? He had, I suppose, named the day, he had proposed a fine, he had commenced an action for high treason, and, doubtless, the verdict should (lit. was needing to) have been dreaded by me in a cause either bad or my own, (and) not both righteous (lit. splendid) and your own. (But) I was unwilling that my fellow-citizens, (who had been) saved by my plans and risks, should be exposed, on my behalf, to the arms of slaves and indigent citizens and convicted criminals. (37) For I saw, (yes,) I saw this very Quintus Hortensius (Hortalus), the light and ornament of the republic, almost slain by the hand of slaves; in this crowd  the senator Gaius Vibienus, a most excellent man, when he was together with him, was so (badly) beaten that he lost his life. And so, when afterwards did that dagger of his, which he had received from (Lucius Sergius) Catilina, take a rest? It was aimed at us, (but) I did not allow you to be exposed to it on my behalf, it was lying in wait for Pompeius, it stained with blood the very Appian (Way), the monument of his name, (and) this same (dagger) was again turned against me; (for) indeed lately, as you know, it almost finished me (off) near the Regia. (38) What of Milo's (conduct is) like (this)? All of his violence has ever amounted to (lit. been) this, that Publius Clodius, since he could not be brought to trial, should not keep the state oppressed by violence. If he had wished to kill him, how great, how frequent, how splendid were the opportunities (to do so). Could he not have avenged himself lawfully, when he was defending his house and his own household gods from his attack (lit. with him attacking), could he not (have done so), his colleague Publius Sestius, that illustrious citizen and most brave man, having been wounded, could he not (have done so), Quintus Fabricius, that most excellent man, having been driven away, when he was proposing a law concerning my return, and a most cruel slaughter having taken place in the Forumcould he not (have done so), the house of Lucius Caecilius (Rufus), that most upright and most fearless praetor, having been attacked, could he not (have done so) on that day when the law concerning me was passed, (and) when that concourse (of people) from the whole of Italy, which (concern for) my safety had roused, would have gladly acknowledged (as its own) the glory of that deed, so that, even if Milo had performed it, the whole state would lay claim to that credit for itself?

Chapter XV.

(39) But what a time it was? That most illustrious and most fearless consul, Publius (Cornelius) Lentulus (Spinther), an avenger of that man's wickedness, a champion of the Senate, the defender of your will, patron of the public consensus, the restorer of my safety; seven praetors; (and) eight tribunes of the people (were) adversaries of him, (and) defenders of me; Gnaeus Pompeius, (was) the instigator and chief agent of my return, (and) that man's enemy, (he,) whose most powerful and most eloquent pronouncement concerning my safety the entire Senate followed, who exhorted the Roman people, (and) who, when he passed a decree concerning me at Capua, gave the signal himself to the whole of Italy, (which was) desiring (it) and imploring his help (lit. loyalty), to converge upon Rome for the purpose of me being restored; in short, the hatred of all towards him (i.e. Clodius) blazed with a longing for me, (to such an extent that if) anyone, at that time, had killed him, there would have consideration (lit. it would have been considered) not (merely) of his impunity but (also) of his reward. (40) Yet Milo restrained himself and summoned Publius Clodius twice to a trial of law, (but) never to (one of) force. What (more can I say)? Milo (being) a private citizen and a defendant, with Publius Clodius prosecuting (him) before the people, when an attack was made upon Gnaeus Pompeius, (while he was) speaking on behalf of Milo, this was then not only a chance but also a justification for him to be killed! Indeed recently, when Marcus Antonius had brought to all good men the highest hopes of the safety (of our country), and had most courageously undertaken a most important duty of the republic, and was already holding that monster, wriggling (as he might), entangled in the snares of justice, (O) immortal gods, what a situation, what an opportunity, that was! When that man, diving (lit. fleeing) into a hiding-place beneath the stairs, had concealed himself, there was a great (chance) for Milo to finish that pest off with no blame to himself (but) indeed with the greatest glory to Marcus Antonius! (41) What (more can I say)? At the elections on the Campus (Martius) what a frequent opportunity there was, when that man had rushed into the voting enclosures (and) had arranged for swords to be drawn and stones to be thrown, (and) then suddenly, alarmed by the sight (lit. countenance) of Milo, fled to the Tiber, (and when) you and all good men were offering prayers (lit. making vows) that it would be pleasing to Milo to make (good) use of his valour!

Chapter XVI.

So, (as) he was not willing to slay him with the gratitude of everyone, did he choose to do this with the complaints of some people? (As) he did not venture (to do) it lawfully, (to do) it in the (right) situation, (to do) it with the (right) opportunity, (and to do) it without punishment, did he not hesitate (to do) this unlawfully, in an unfavourable situation, on an unsuitable occasion, (and) at a risk to his own person? (42) (Is it not) especially (unlikely), gentlemen of the jury, when the struggle for the highest office and the day of the election were at hand, at which time indeed - for I know how nerve-racking is the position of a candidate, and how great and how full of anxiety is the desire for the consulship - we fear everything, not only what (can) be openly challenged, but also what can be pondered in secret, we shudder violently at (every) rumour, and at (every) false, invented and trivial story, (and) we study the faces and eyes of everyone. For there is nothing so sensitive, so delicate, so unstable or changeable as the inclinations and feelings towards us of our fellow-citizens, who are not only angry at any impropriety amongst the candidates, but are often even critical of things which have been done properly.(43) So, did Milo, with the prospect before him of (lit. picturing to himself) the (long) hoped-for and wished-for day of election (lit. day of the Campus), come with blood-stained hands before the solemn auspices of the centuriate assembly displaying (lit. bearing before himself), and confessing to, this sin and crime? How incredible (lit. not credible) (is) this (conduct) in such a man, (but) how the same (supposition) should not (lit. [is] not needing to) be doubted in the case of Clodius, since he thought that, Milo having been killed, he would rule! What (more shall I say)? This is the main source of audacity, (for) who does not know that the chief lure of crime (lit. sinning) is the expectation of impunity? So, in which of the two men did this (hope) exist? In Milo, who is even now accused of an action either splendid or, at any rate, necessary, or in Clodius, who had so despised the law-courts and their punishments that nothing pleased him which was either right by (the law of) nature or permissible by the law (of man)?

(44) But what am I proving, why am I arguing any more? I appeal to you, Quintus Petilius, you finest and bravest citizen, (and) to you (as) a witness, Marcus Cato, (men) whom some divine fate has given to me (as) jurymen. You have heard from Marcus Favonius, and you heard it (too), Clodius (being still) alive, that Clodius had said to him that Milo would be dead within three days; on the third day after (that), the deed, of which he had spoken, was carried out. When that man did not hesitate to disclose (just) what he was contemplating, can you doubt what he did?

Chapter XVII.

(45) How (lit. by what means), therefore, did he get the day right (lit. did the day not deceive him)? Indeed I have told (you) just now. It was no trouble at all to have got to know the appointed sacrifices of the dictator of Lanuvium. He saw that it was necessary for Milo to set out for Lanuvium on that very day on which he did set out, and so he anticipated (him). But on what day (was that)? (Why on the day) on which, as I have previously said, there was that hysterical public assembly stirred up by his hired tribune of the people (i.e. Munatius Plancus); that day, that meeting, that uproar, he would never have missed (lit. abandoned), if he had not been hastening to some premeditated crime. Therefore, he had (lit. there was to him) no pretext even for a journey, (but) also a reason for remaining; (on the other hand) Milo had (lit. [there was] to Milo) no opportunity for remaining, (and) not only a motive, but also a need, for going out. But what (are we to infer other than this), that while that man knew that Milo would be on the road on that day, on the other hand, Milo could not even have suspected that Clodius (would be)? (46) (For) firstly I ask (how) could he have known something which you cannot ask likewise in respect of Clodius. For even if he (i.e. Clodius) had asked no one else except his own most intimate (friend), Titus Patina, he could have ascertained from him that on that day it was necessary for a priest to be appointed by Milo (as) the dictator of Lanuvium. But there were very many other people, from whom he could easily have learned that [evidently all the people of Lanuvium]. From whom could Milo have enquired about Clodius' return? Indeed, grant even that he asked his slave [see, what (a concession) I am bestowing on you], grant that he bribed (him), as my friend Quintus Arrius has said. Read the testimony of your own witnesses. Gaius Causinius Schola of Interamna, a most intimate (friend) and likewise a companion of Clodius, by whose evidence on an earlier occasion Clodius had been at Interamna and at Rome at the same time (lit. hour), has said that Publius Clodius had been intending to stay on that day at his Alban (estate), but suddenly it was reported to him that his architect Cyrus was dead, and so he decided to set out for Rome immediately. Gaius Clodius, likewise a companion of Publius Clodius, has said this (too).

Chapter XVIII.

(47) See, gentlemen of the jury, what great results (lit. things) have been effected from these witness statements. Firstly, Milo is definitely proved not to have set out with such an intention to waylay Clodius on the road, (which is) undoubtedly (the case), if he would not have been expecting to meet him at all. Then you know, gentlemen of the jury, [for I do not see why I should not promote my own interests also] that there have been (those) who, in relation to this motion being advocated, were saying that the murder was committed by the hand of Milo, but by the design of someone more important (than him). Those abject and desperate men (i.e. Gaius Sallustius Crispus and Quintus Pompeius Rufus) identified me, no doubt, (as) a robber and an assassin. I have breathed again, I have been delivered; I am no (longer) in fear lest I seem to have contemplated some (action) which I could not (possibly) even have supposed. (48) Now let me pursue other (points). For this (objection) meets (me): "Therefore Clodius did not think about an ambush either, since he was intending to remain in his Alban (estate)." (That would) indeed (have been the case), if he had not been intending to go out from his villa to (commit) a murder. For I see (clearly) that the man who is said to have brought (him) the news about Cyrus' death, did not report that, but (rather) that Milo was approaching.  For why should he report (anything) about Cyrus, whom Clodius had left on his deathbed (lit. dying) (as he was) setting out from Rome? (For) I was together (with him), I endorsed (lit. sealed) his will together [with Clodius]; moreover, he had openly made his will, and had designated him and me (as) his heirs. He had left him at the third hour on the previous day (as he was) expiring (lit. breathing out his spirit), (so) was it (really) reported to him only at the tenth hour on the next day that he (was) dead?

Chapter XIX.

(49) Well (then), let it have happened thus; (but) what reason (was there) why he should have hastened to Rome, why he should have plunged (lit. hurled himself) into the night? Did the fact that he was his heir bring any (reason) for haste? In the first place, there was no reason at all why there was any need for haste (lit. for it to have been hastened); then, (even) if there were a need, what was there which he could obtain on that night, but (which) he would lose, if he had arrived at Rome early on the following day? And, while an arrival in the city at night was worthy to be avoided rather than to be desired by him, on the other hand it was appropriate (for him) to be lain in wait for and awaited by Milo, since he was (of course) just such a  waylayer, if he knew that he was likely to come to the city at night. (50) [He would have slain (him) at night; he would have slain (him) in a place suitable for an ambush and full of robbers]. No one would have refused to believe (lit. would have not believed) (him), if he had denied it (lit. with him denying [it]), (he) whom everyone wishes to be acquitted (lit. secure), even (when he is) confessing (it). In the first place, the locality itself, that concealer and shelterer of robbers, would have borne the brunt of (lit. would have supported) this charge, since the silent night would not have disclosed, and the dark night would not have exposed, Milo; secondly, (if he had been killed) there, the many men, (who had been) insulted (and) plundered by him, (or) stripped of their property, (as well as) the many men fearing such things, would have fallen under suspicion, in short the whole of Etruria would have been cited (as) defendant. (51) And yet, on that day, Clodius, returning from Aricia certainly did turn aside to his Alban (estate). Now, granted that Milo knew that he was at Aricia, still he ought to have suspected that he, even if he were wishing to return to Rome, he would turn aside to his villa, which skirted the road. Why did he neither meet (him) before, so that he should not settle in his villa, nor lie in wait in that place where he would be sure to come by night?

(52) (Summary of sections 32-51.) I find (lit. see), gentlemen of the jury, that everything so far points in one direction (lit. is consistent), that it was even advantageous to Milo that Clodius should live, that for that man the death of Milo (was) very greatly to be desired with regard to those things which he had longed for; that the hatred of that man towards him was very bitter, (but) that (there was) no (hatred) of his towards that man; that that man's constant way of life (was) in violence being occasioned, (but) his (way of life) (was) only in (it) being repelled; that Milo's death (had been) threatened and openly predicted, (but) nothing (like that) (had) ever been heard from Milo; that the day of his setting out (was) well-known to that man, but that (the day) of that man's return (was) unknown to him; that his journey (was) necessary, (but) that man's (journey) was rather inconvenient; that he had openly declared (lit. carried [it] before himself) that he would be going out from  Rome on that day, (but) that man had concealed that he would be returning on that day; that he had changed his intention in no respect, but that man had fabricated a reason for his plan being altered; that night had (lit. was needing) to be awaited by him near the city, if he were lying in wait (for him), yet an arrival near the city at night should (lit. was needing to) have been dreaded by that man, even if he did not fear him.

Chapter XX.

(53) Let us now consider the thing which is, in the end, the principal (point), for which of the two men was that very place, where they met, the more suitable for an ambush? Is that (question), gentlemen of the jury, really even worthy of doubt (lit. worthy of being doubted) and in need of further consideration (lit. needing to be considered any longer)? In front of that farm of Clodius, that farm in which (lit. in which farm) at least a thousand vigorous men used to be employed on account of those absurd buildings, his adversary's position (being both) elevated and commanding, could Milo have considered that he would be favourably placed (lit. superior), and, on account of that  factor, could he have selected that spot (as) the best (one) for the contest, or was he rather awaited in that place by a man who, in accordance with his expectations of that very position, had planned to make an attack (there)? The facts, gentlemen of the jury, which always have the greatest weight, speak for themselves. (54) If you were not hearing of these actions (lit. things having been done), but were seeing pictures (of them) (lit. things having been painted), which of the two men was the waylayer would still be apparent, (as would) which of the two was not planning anything evil, since one of them was been driven in his carriage, wrapped in his mantle, (and) his wife was sitting together (with him). Which of these things was not most cumbersome - his costume or his vehicle or his companion? (Could) anyone (be) less ready for battle (than Milo), when he was encumbered by his mantle, hampered by his carriage, and fettered by his wife? Now look at the other man, (i.e. Clodius) first going out of his villa suddenly [why?], in the evening [why is it necessary?], (he is going) slowly [what is the sense (lit. is fitting) (in that), especially at that time (of day)?] "He is turning aside to Pompeius' villa." To see Pompeius? (But) he knew he was at (his estate) at Alsium. To see the villa (then)? (But) he has been in it milllions of times. What, therefore, was (his object)? Repeated delay and time-wasting; (for) he did not want to leave, until he (i.e. Milo) came.

Chapter XXI.

(55) Come now, compare the journey of this unencumbered bandit with the hindrances of Milo. Previously the former always (travelled) with his wife, (but) this time he was without her; (he) never (travelled) except in a carriage, (but) this time (he was) on horseback; his Greekling companions (accompanied him) wherever he was going, even when he was hastening to the camp in Etruria (i.e. during the Catilinarian conspiracy in 63 B.C.), (but) this time (there was) none of that nonsense in his retinue. Milo, who (was) never (so accompanied), was on this occasion, by chance, taking (with him) some boy choristers of his wife, and flocks of maidservants. The other, (the sort of man) who took with him strumpets always, debauched youths always, abandoned women always, this time (had) no one (with him) except in such a way as you might say that a man had been picked by a man, So, why was he defeated? Because the traveller is not always killed by the robber, (but) sometimes (lit. not never) the robber is killed by the traveller; (and) because, although the well-prepared [Clodius] (was falling) upon the unprepared, still a woman (i.e. a reference to the Bona Dea scandal of 62 B.C.) was falling upon men. (56) And indeed Milo was never (lit. not ever) so unprepared against him that he was not fairly well (lit. almost sufficiently) prepared. [He] (i.e. Milo) was always aware of both how much it mattered to Publius Clodius that he should perish, and how much he was hated by (lit. he was hateful to) him, and how great was his daring. Therefore (lit. on account of which thing) he never exposed (lit. threw forward) his life, which he knew (had been) posted up for the highest rewards and almost offered for sacrifice, to danger without protection (against attack) and precaution (against surprise). Add (to this) (every) chance, add the uncertain outcomes of battles, add the impartiality of Mars, who often overthrows (a man) already despoiling (his enemy) and exulting, and (who) has struck (him) down (by the hand of) his prostrate (foe), add the inattention of a drowsy leader, having eaten and having drunk (as he had), who, when he had left his enemy cut off in the rear (lit. at his back), did not think at all about his companions on the edges (of his retinue), (and who), when he had fallen among them, inflamed with anger (as they were) and despairing of the life of their master, was trapped amidst those punishments, which the faithful slaves exacted in return for their master's life.  So why (then) did he emancipate them? (57) No doubt he feared that they should incriminate (him), that they should be compelled by torturers to confess that Publius Clodius had been slain by Milo's slaves on the Appian Way. What need is there of any torturer? What are you asking? Was he slain? He was slain. (Was he slain) lawfully or unlawfully? (That is) nothing to do with the torturer; for a question of fact is a matter for the rack, (but a question) of law (is) a matter for this court.

Chapter XXII.

So let us deal here with the thing which must (lit. is needing to) be investigated in this case; what you are wishing to find out through tortures, we confess. But if you would rather ask why he emancipated (them) than why he offered (them) insufficiently full rewards, you do not know how to censure the actions of your enemy. (58) For Marcus Cato over there, who (has) always (spoken) with consistency and with courage, has said the same thing, and he also said in a stormy assembly of the people, which was however calmed by his influence, that (those slaves) who had defended their master's life, were most worthy not only of their freedom but also of all (kinds of) rewards. For what reward is great enough for such devoted, such good, such loyal slaves, on whose account he is (still) alive? And yet indeed that is not so great (a matter) as the fact that, owing to these same men, he did not glut the mind and eyes of his most cruel enemy with his blood and wounds. (But) if he had not emancipated them, those saviours of their master, those avengers of wickedness, those defenders against murder would even have had to be (lit. would even have needed to be) surrendered to tortures. But amidst (all) these misfortunes he has nothing which brings (him) more comfort (lit. less grief) than (knowing that), even if something were to happen to himself (i.e. he were to be condemned), yet the deserved reward has been paid to them. (59) But the investigations, which are now being held in the Hall of Liberty are telling against (lit. pressing hard upon) Milo. (Investigations) of which slaves? Are you (really) asking? (Those) of Publius Clodius. Who demanded them? Appius (Claudius Pulcher). Who produced (them)? Appius. Good gods! What can be done more strictly (than that)? No examination of slaves against their master is (possible) under the law unless (it is a case) about incest [as there was against Clodius. Clodius has gone very near to the gods, closer than the time when he had penetrated into their very (mysteries); there is an investigation (lit. it is being investigated) about his death, as if about sacred rites having been profaned] - but yet our ancestors were not willing for there to be an examination (lit. for it to be investigated) of a slave against his master, not because the truth could not (thus) be found, but because it seemed a shameful thing and more deplorable than the master's death itself; when there is an examination (lit. it is being investigated) of a slave of the prosecutor against the defendant, can the truth (ever) be discovered? (60) But come, what, or what kind of, investigation was it? "Hey you, Rufio (i.e. Ginger), to take a name at random (lit. for the sake of a word), (if) you wish, make sure you tell the truth (lit. take care, [lest] you lie). Did Clodius lay an ambush for Milo?" "(Yes,) he did lay (one)." The cross (is) certain." "(Well, then,) he did not lay any (ambush)." His freedom (is) expected. What (is) more certain than this (kind of) questioning? (They are) suddenly dragged off for questioning, but are separated from (all) the rest and thrown into cells, so that no one can speak with them. When they have been in the power of the prosecutor for a hundred days, they are produced by that very prosecutor. What can be called more unbiased, more incorruptible than this (kind of) questioning?

Chapter XXIII.

(61) But if you do not yet see (clearly) enough, although the story of what happened (lit. the matter itself) is evident by so many (and) such clear arguments and proofs, that Milo returned to Rome with a pure (and) upright heart, tainted by no crime, frightened by no apprehension, (and) paralysed by no (bad) conscience, recollect ( I beg you), by the immortal gods! how (great) was the speed of his return, how (impressive) was his entry into the Forum, with the Senate-House burning, what greatness of mind (he showed), what an expression (he had), (and) what a speech (he made). And, indeed, he committed himself not only to the people, but also to the Senate, and not only to the Senate, but also to the public guards and their arms, and not only to them but also to the power of that man (i.e. Pompeius), to whom the Senate had entrusted the whole republic, all the youth of Italy, (and) all the arms of the Roman people; he would certainly never have handed himself over to him, unless he were confident in (the justice of) his own cause, especially with (that man (i.e. Pompeius) hearing everything, fearing great (dangers), suspecting many things and believing some (lit. not none). The power of conscience is great, gentlemen of the jury, and (is) great on either side, so that they who have committed nothing (wrong) are not afraid, and (those), who have done wrong, think that punishment is always there (lit. being turned round and round) before their eyes. (62) Nor indeed is Milo's cause always supported by the Senate without good reason. [For] those wisest of men considered the reasonableness of his action, his presence of mind, and the courageous firmness of his defence. Indeed, have you forgotten, gentlemen of the jury, that news of Clodius' death (being) recent, the language and opinions not only of Milo's enemies but also of men (who were) ignorant (of his character). They said that he would not return to Rome. (63) For, if he had committed that (deed) in an angry and excitable mind, so that he had killed his enemy (while) incensed with hatred, they thought that he would understand the death of Publius Clodius (to be) of such great (importance) that he would be absent from his country with a calm mind, since he had sated his hatred with the blood of his enemy; or if he had even wished to liberate his country by that man's death, (then they thought) that, brave man (that he was), he would not hesitate, when he had brought security to the Roman people at his own risk, to (but that he would) yield to the laws with a calm mind, to (lit. would) carry off everlasting glory, (and) to (lit. would) leave those things to us (which were) fit to be enjoyed, which he himself had preserved. Many also spoke of Catilina and those monsters (in his retinue): "He (i.e. Milo) will break out, he will seize some stronghold (lit. position), he will make war upon his country." Wretched sometimes (are) those citizens (who are) very well deserving of the republic, (in circumstances) in which men not only forget their exploits but also suspect (them) of nefarious (activities)! (64) Therefore, (all) those (surmises) were false, which would have certainly appeared (as) true, if Milo had admitted to anything which he could not defend with honesty and with truth.

Chapter XXIV.

What (shall I say)? (Those accusations) which were afterwards heaped upon him, (and) which would have crushed anyone with a consciousness of even moderate misdeeds, how he endured (them), (O you) immortal gods! Endured (them)! But rather how he despised (them) and treated (them) as nothing, (charges) which neither a guilty man of the greatest hardihood (lit. spirit), nor an innocent ius man, could have disregarded, unless (he were) a very brave man! It was shown that a multitude of shields, swords, lances and even bridles might be seized; they would say that there was no street, no alleyway in the city, in which a house had not been hired for Milo; arms (had been) carried down the Tiber to his villa at Oriculum, his house on the Capitoline Hill (was) crammed with shields, all places (were) full of firebrands prepared for the burning of the city, these things (were) not only reported but almost believed, and were not repudiated before (they had been) investigated. (65) I have indeed been praising the amazing diligence of Gnaeus Pompeius, but I shall speak as I feel, gentlemen of the jury, Those, to whom the whole republic is entrusted, are compelled to  hear too many (statements), nor can they do otherwise. Indeed the butcher Licinius - I do not know (his name for sure) - , who (comes) from the Circus Maximus, even had (lit. was even needing) to be listened to, (and he said) that Milo's slaves, having got (lit. been made) drunk at his house, had confessed to him that (they) had entered into a conspiracy concerning Pompeius being killed, (and) then afterwards that he had been stabbed with a sword by one of them, lest he were to give evidence. He brought the news to Pompeius in his gardens; I am especially (lit. amongst the first men) summoned; on the advice of his friends  he reports the matter to the Senate. I could not but (lit. not) be paralysed with fear with regard to so great a suspicion of that guardian of myself and my country (i.e. Milo), but yet I wondered that the butcher should be believed, that the confession of slaves should be listened to, (and) that a wound in the side, which seemed (to be) the prick of a needle, should be accepted as the blow of a gladiator. (66) But, as I understand (it), Pompeius was taking precautions against, rather than fearing, not only things which should (lit. were needing to) be feared, but (also) everything, in order that you should not fear anything. The house of that most illustrious and gallant man, Gaius (Julius) Caesar (i.e. the Regia), (was) attacked, (as) was reported through the many hours of the night. No one in such a well frequented location had (actually) heard (of this), no one had noticed (it); yet (still) the story was told (lit. it was heard about). I could not suspect that Gnaeus Pompeius, a man of the most exceptional valour, (was being) timid; (and) I thought no diligence was too much (for him), the whole (responsibility for) the republic having been undertaken (by him). In a very crowded (meeting of) the Senate, recently (held) in the Capitol, a senator (i.e. Publius Cornificius) was found to say that Milo was armed (lit. was with a weapon). He stripped off (lit. denuded himself) in that most sacred temple, so that, since the life of such a citizen and (such) a man could not create the confidence (required), with him keeping silent, the facts themselves might speak (for him).

Chapter XXV.

(67) Every (word) was discovered (to be) a false and treacherous invention: yet although, if even now Milo is feared, we do not now fear this charge of (murdering) Clodius, but we are shuddering at your suspicions, Gnaeus Pompeius, at your (suspicions), I say, [for I now address you in such a voice that you may be able to hear me]. If you fear Milo, if you think that he is either now planning nefarious (designs) with regard to your life, or has entertained any such thing at some time, if these levies throughout Italy, as some of your recruiting officers have kept saying, if these weapons, if these cohorts on the Capitol, if these sentries, if these watchmen, if that picked band of youth, which is guarding your person and your house, is arrayed against an attack by (lit. of) Milo, and (if) all these (measures) have been arranged, prepared, and aimed against this one man, (then) surely great power and amazing courage (must be) in this man, and the strength and resources of not (only) one man are proclaimed, if indeed our most eminent chosen leader and the whole of the republic is armed against this one man. (68) But who does not realise that all the sick and tottering parts of the republic have been entrusted to you, so that you might heal and strengthen them with these arms? But if an opportunity had been given to Milo he would certainly have proved to you yourself that no man was ever dearer to his fellow-man than you (are) to him; that he had not ever avoided any danger on behalf of your dignity; that he had very often contended with that most loathsome pest itself (i.e. Clodius) on behalf of your renown; that his tribuneship (had been) governed by your counsels towards my safety, (something) which had been most dear to you; that, afterwards, he (had been) defended by you (when) in danger of his life; (and that he had been) assisted (by you) in his candidature for the praetorship; that he always trusted that  he had two very close friends, you on account of your services (to him) and myself on account of his (services to me). If he could not convince you of this (lit. he could not prove this), if this suspicion of yours had adhered so deeply to you that it could not be eradicated, if, in the end, Italy was never going to find rest from these levies, (nor) the city from these arms, without Milo's ruin, (then) assuredly he would unhesitatingly depart from his native-land, (being) the sort of man who was born for that very thing and  accustomed to such sacrifices (lit. thus); (but) he would still call you, Magnus, as a witness on his behalf, (something) which he does even now.

Chapter XXVI.

(69) See, how various and changeable is (human) life, how fickle and reversible (is) fortune, what great instances of disloyalty (there are) among friendships, what pretences (are) suited to the occasion, what great flights of one's nearest (associates there are) in (times of) danger, what great acts of cowardice (lit. timiditities). That time will, will surely come (lit. be), and that day will surely dawn, when you, (despite), as I trust, your affairs (being) healthy, but perhaps during some disturbance of public affairs ([and, being] experienced, we ought to know with what frequency this can happen), you may feel the need of the good-will of a very close friend, and the loyalty of a man of the greatest weight, and the magnanimity (lit. greatness of mind) of one of the bravest men since the birth of mankind (lit. after men having been born). (70) Although who would believe this, that Gnaeus Pompeius, (a man) most knowledgeable of public law, of the customs of our ancestors, and, in short, of public business, since the Senate has entrusted to him to see that the republic should not suffer any harm, by which single line the consuls have always been sufficiently armed, even with no weapons having been given (to them), that he (I say) with an army (having been given to him), that he with a levy having been granted (to him), would have intended to wait for a court judgment in respect of the designs being punished of that man who, (according to you), was subverting the courts themselves by violence? It was sufficiently decided by Pompeius, sufficiently (I say), that those (charges) were brought falsely against Milo, when he passed a law by which, as I conceive, it should be right, (or), as all allow, it should be lawful, that Milo is acquitted by you. (71) But because he is sitting in that place and (is) surrounded by (all) those bands of public guards, he is proclaiming (plainly) enough that he is not bringing terror upon you, [for what (could be) less worthy of him than to compel you to condemn a man whom he himself might be able to punish (lit. a man towards whom he himself might be able to turn his attention) both in accordance with the custom of our ancestors and under his own jurisdiction?] but that they are (there) for his  protection , so that you may understand that it is permitted to you to decide freely as you think (fit), contrary to that assembly of the people (held) yesterday.

Chapter XXVII.

(72) (At this point , Cicero moves from the argument 'de causa', i.e. that Clodius was an 'insidiator' [waylayer], to the 'extra causa' argument, in which he seeks to show that Clodius' death was a blessing to the state.) But, gentlemen of the jury, the charge concerning Clodius does not disturb me, nor am I so mad and so unaware of, and detached from, your feelings that I do not know what you think about Clodius' death. Concerning this, if I were unwilling for a moment to disprove the accusation in such a manner as I have disproved (it), still it would have been permitted to Milo, without punishment, to have openly proclaimed and to have lied gloriously (thus): "I have slain, (yes), I have slain not Spurius Maelius,  who fell under the suspicion of kingly power being sought, because he was thought to be paying court to (lit. embracing) the people too much, not Tiberius Gracchus, who annulled the magistracy of a colleague (i.e. Marcus Octavius) by seditious means (lit. through sedition), whose slayers have filled the world (lit. the orbit of the earth) with the glory of their name, but he," [for he would venture to speak out when he had freed his country at his own risk] "whose impious adultery on the most sacred couches the noblest of women detected (i.e. during the Bona Dea scandal in December 62 B.C.), (73) (he), by whose execution the Senate has repeatedly resolved that the sacred rites should (lit. were needing to) be expiated; he, whom Lucius (Licinius) Lucullus, an investigation having been held (by him), stated on oath (lit. having sworn an oath) he had discovered to have committed impious incest with his full sister (i.e, the younger Clodia, Lucullus' wife); he, who by the arms of slaves drove out a citizen, whom the Senate, whom the Roman people, whom all the  tribes had declared (to be) the saviour of the city and of the lives of (all) citizens (i.e. Cicero himself); he, who gave kingdoms (i.e. to Brogitarus, King of Galatia), took (them) away (i.e. from Ptolemy, King of Cyprus), (and) parcelled out the (whole) world (lit. orbit of the earth) to whomsoever he wished (i.e. the provinces of Macedonia and Asia to Lucius Calpurnius Piso Caesoninus and Aulus Gabinius respectively); he, who, very many murders having been committed in the Forum, drove a citizen of exceptional virtue and renown to his own house (i.e.  Pompeius, or possibly Fabricius) by violence and by arms; he, for whom nothing, whether in respect of an evil deed or a lustful thought, was ever a sin; he, who burnt down the Temple of the Nymphs in order to extinguish the public records of the census registered in the national archives; (74) finally, he, for whom there was  no longer any law, any civil rights, any boundaries to properties; who sought other men's estates, not by the artifice of lawsuits, not by spurious claims and forfeits, but by camps, by an army and by regular military assaults (lit. by standards being carried forward); who, by arms and by camps, endeavoured to drive from their properties not only Etrurians [for he utterly despised them], but (even) yonder Publius Varius, that very brave man and best of citizens, (one of) our jurymen; who wandered through other people's villas and gardens with his architects and measuring rods; who limited his hopes for his own properties (only) by the Janiculum and the Alps; who, when he did not obtain permission from that magnificent and gallant Roman knight, Marcus Paconius, to sell to him his island on the Prilian Lake, suddenly conveyed to that island timber, lime, mortar (and) tools (lit. arms) in boats, and, with the owner observing from the opposite bank (lit. across the bank), did not hesitate to construct a building on another's man (land); (75) who (said) to yonder Titus Furfanius, (O you) immortal gods, even to a man like him (lit. to what a man)! [for what (should I say) about that little woman Scantia, (or) what should I say about that youth Publius Apinius? to both of whom he threatened death, unless they yielded to him the possession of their gardens) - but he dared to say to Titus Furfanius that if he did not give him (as much) money as he had demanded, he would carry a corpse into his house, by the odium of which (the character of) even such a man as him must (lit. was needing to) be set ablaze; who evicted his brother Appius (Claudius Pulcher), a man attached to me by the most faithful friendship, from the possession of his farm in his absence (lit. being absent); (and) who arranged to conduct a wall through the fore-court of his sister's (house) (i.e. the elder Clodia, the wife of Quintus Caecilius Metellus Celer) in such a manner, and to lay its foundations in such a way, that he deprived his sister not only of her fore-court, but (also) of all access (to her house) and to its  threshold."

Chapter XXVIII.

(76) Although these things, were beginning, it is true, to seem bearable by then, even if he fell, without distinction (lit. equally), upon the republic, upon private (citizens), upon those afar off, upon those nearby, upon strangers and upon his own (relatives), but somehow (lit. in what manner I know not) the incredible endurance of the state had, by then, become hardened and callous. But how (lit. in what way) would you have been able to avert or to bear those things which were then at hand and hanging over (you)? If he had obtained power - I am disregarding our allies, foreign nations, kings (and) tetrarchs; for you would have offered prayers (lit. made vows) that he would launch himself upon them rather than upon your property, your houses (and) your money - your money, I say; most certainly (lit. [by] the god of truth), he would never have restrained his unbridled lusts from your children and from your wives. Do you think these things were invented, which are evident, which are well-known to all, (and) which are proved, (do you think it was invented) that he was about to conscript armies of slaves in the city, by which he might gain possession of the whole republic and the private property of everyone? (77) Therefore (lit. on account of which thing), if Titus Annius, holding a bloody sword, were to cry out: "Come hither, I beg (you), and listen (to me), citizens! I have slain Publius Clodius; with this blade and with this right(-hand) I have driven away from your necks the frenzies of that man, which we were not indeed able to curb by any laws (or) by any courts, (and) through me alone (it has happened) that right, justice, law, liberty, modesty (and) chastity remain in this community": in truth, would he need to fear (lit. would it be needing to be feared by him) how (in what manner) the community would react to (lit. would bear) this?  For who is there who does not approve, who does not praise, who does not both say and feel that Titus Annius is the only man since the history of mankind to have been of such great service to the republic, and to have endowed the Roman people, the whole of Italy and all nations with such great joy? I cannot form an opinion of how great would have been that old-fashioned joy of the Roman people; yet our age has seen many very famous victories, (but) none of these has brought either such long-lasting or such great joy. (78) Commit this (fact) to your memory, gentlemen of the jury. I trust that you and your children will see many good things in the republic; in the case of each one of these, you will always think thus, that with Publius Clodius (being) alive, you would not have seen one of them. We have been led towards the greatest and, as I am assured, the most well-grounded hopes that this very year, that most excellent man (being) consul himself (i.e. Pompeius), the licentiousness of men having been checked, their evil desires having been crushed, (and) laws and courts having been put in place, will be a salutary (one) for the state. So is there anyone so insane as to think that he could have obtained this (result) with Publius Clodius (being) alive? What (more can I say)? Those things which you hold (as) private (property) and (as) your own, what guarantee (lit. right) of lasting tenure could they have had, with that frenzied man (being) in power.

Chapter XXIX.

I do not fear, gentlemen of the jury, lest, having been inflamed with the hatred (arising) from my personal enmity, I should seem to be spewing out these (charges) against him with more zeal than truth. For in fact, even if it (i.e. my hatred) was bound to be exceptional, still that man was the common enemy of all to such an extent that my resentment almost found its equal (lit. was almost equally situated) in the common hatred. It cannot be sufficiently stated, (it can)not even be imagined, how much wickedness, how much destructiveness there was in that man. (79) But rather look at (lit. attend to) the matter in this way, gentlemen of the jury. Surely, this investigation is about the death of Publius Clodius. Imagine in your minds [for our thoughts are at liberty and contemplate whatever they wish in such a manner that we discern those (objects) which we meet with our eyes (lit. see)] - imagine, therefore, in your mind's eye (lit. imagination) the  picture of this condition of mine, (that is), if I can arrange that you acquit Milo, but on condition that Publius Clodius came back to life. What was that look of terror (lit. what were you dreading on your countenance)? How (lit. in what way) might he, (if) alive, affect you, whom he, (when) dead, has stricken with terror by an idle thought? What? if Gnaeus Pompeius himself, who is a man of such valour and (good) fortune that he has at all times been able (to do) those things which no one except him could have done, if he, I say, had been able either to set up this investigation concerning the death of Publius Clodius, or to summon that very man from the dead (lit. the lower [regions]), which of these two things do you think he would rather have done? So you are now sitting (as) the avengers of the death of that man, whose life, (even) if you thought it could be restored by you, you would be unwilling (to do it), and this investigation has been set up concerning the death of that man, who, if he could have been brought back to life (lit. revived) by the same law, that law would never have been passed. So, if he (i.e. Milo) were the slayer of this man, in confessing (the deed) should he  fear punishment at the hands of those whom he has liberated? (80)  Greek men assign the honours of the gods to those men who have slain tyrants (e.g. Harmodius and Aristogeiton). [What have I seen at Athens, what in other cities! What divine honours (have I seen) set up for such men, what instrumental music, what songs! They are almost consecrated to the sanctity that belongs to immortality and the memory (which is equivalent to it); (and) will you not only fail to (lit. not) endow with any honours the saviour of so great a people and the avenger of such great wickedness, but even allow that he is dragged off for execution? He would confess, I say, if he had done (it), and (he would confess) that he had done (it) with a great spirit and gladly for the sake of the liberty of all, (something) which would be not only worthy to be confessed but also worthy to be boasted of.  

Chapter XXX.

(81) And as a matter of fact, if he does not deny something from which he seeks nothing, except that he is pardoned, would he hesitate to confess something from which the tribute (lit. rewards) of praise might even be sought? Unless indeed he thinks it to be more pleasing to you that he should be the defender of his own life (rather) than yours; especially since with regard to that confession, if you wanted to be grateful (to him), he would attain the very fullest honours. If his deed were not to be approved of by you [although how could his own safety not be approved of by anyone?], but yet if the virtue of that very brave man had turned out (to be) not at all pleasing to his (fellow-)citizens, (then) with a lofty and a resolute mind he would depart from an ungrateful community. For what could be more ungrateful than for (all) the rest to be rejoicing, but for him only to be lamenting, on account of whom the others were rejoicing. (82) And yet we have all at all times been of this disposition with regard to traitors to our country being crushed such that, since the glory would be ours, we should consider the peril and the unpopularity ours also. For what praise should (lit. would be due to) be given to myself, when I was so daring during my consulship on behalf of you and your children, if I had thought that I might venture that (action) which I was attempting, without the greatest challenges to myself? What woman would not venture to slay a wicked and pernicious citizen, if she was not afraid of the risk? He who, unpopularity, death and punishment having been put before (him), (still) defends the republic no less keenly (lit. no more sluggishly), is truly to be considered a man. It is (the duty) of a grateful people to endow with rewards those citizens (who have) deserved well of the republic, (and) it is (the mark) of a brave man to be moved not even by execution such that he repents (lit. it repents [him]) to have acted bravely. (83) Therefore, (if he had done (it)), Titus Annius would have used the same confession as Ahala, as Nasica, as Opinius, as Marius, as indeed we ourselves; and (then), if the republic were grateful, he would rejoice, (but,) if ungrateful, he would yet be sustained in his heavy misfortune by his own conscience.

But, gentlemen of the jury, the fortune of the Roman people and their felicity and the immortal gods themselves (all) think that thanks for this service is due to them. Nor indeed can anyone think otherwise, unless (he is a man) who thinks that no divine power or authority exists, whom neither the vastness of our empire, nor that sun (above us), nor the motions of the sky and the stars, nor the alternations and the regular order of (natural) things moves, nor, (and this is) something which is the greatest thing (of all), (does) the wisdom of our ancestors, who themselves both observed most reverently sacred worship, who (observed most reverently) the religious rituals, who (observed most reverently) the auspices, and (then) handed (them) down to us, their posterity, (move him either).

Chapter XXXI. 

(84) There is, there is indeed such a power, nor is there something in these bodies and in this frail nature of ours, which has activity and consciousness (lit. which flourishes and feels), (while) there is not (anything like that) in this so great (and) so splendid movement of the natural bodies (lit. nature). Unless perhaps they do not believe (in it) on this account, because it is not apparent or visible; just as if we can see our own (lit. very) mind, by which we are wise and by which we look ahead, by which we do and say these very things, or (as if we can) see plainly what kind of thing it is or where (it is). So that very power, which has often brought good fortune and wealth to this city, has extinguished and removed that pernicious menace, whose mind it first inspired to venture to enrage by violence, and to provoke with the sword, a very brave man and to be defeated by that man, whom, if he had conquered, he would be sure to have endless impunity and licence. (85) That result was brought about, gentlemen of the jury, not by human counsel, nor even by any ordinary (lit. moderate) (degree of) care on the part of the immortal gods. Indeed (lit. by Hercules), the very sacred places which saw that monster (i.e. Clodius) fall, seem to have bestirred themselves and to have reasserted (lit. retained) their rights upon his body. For I now implore you and call (you) to witness, you, I say, (you) Alban hills and groves, and you, the demolished altars of the Albans, partners and equals of the Roman people, which that man (rushing) headlong in his madness, the most sacred groves having been cut down and thrown to the ground, had overwhelmed by his insane piles of building foundations; (it was) your wrath, (it  was) your religious power (which) then revived, (it was) your force (which then) prevailed, (you) whom that man had profaned with every (kind of) wickedness; and you, (O) holy Jupiter of Latium, whose lakes, and woods and boundaries he had repeatedly defiled with every (kind of) impious debauchery and wickedness, at long last opened your eyes for the purpose of him being punished; (it is) to you, (it is) to you, and before your gaze, that those penalties, late (indeed), but still just and deserved, have been paid. (86) Unless perhaps we might say that it happened by chance even, that before the shrine of the Good Goddess, which is in the farm of that especially honourable and accomplished young man Titus Sergius Gallus, before the Good Goddess, I say, when he had joined battle, he received that first wound by which he met his most repulsive death, such that he did seem not to have been acquitted at that iniquitous trial (of his), but (rather to have been) reserved for this conspicuous punishment.

Chapter XXXII.

Nor indeed did that same anger of the gods fail to (lit. not) inflict this madness on those henchmen of his, so that without any ancestral masks, without any music and games, without any obsequies, without any lamentations, without any panegyric, without (even) any burial rites, (but) besmeared with gore and mud, (and) deprived of the solemnity of his very last day, which even enemies are wont to concede, having been cast out (on the street), he was burned.  It was not right, I believe, for the effigies of the most famous men to confer any (honour) on that most foul assassin, nor for his corpse (lit. death) to be mistreated in any place rather than (that) in which his life had been condemned.

(87) Most certainly (lit. [by] the god of truth), the Fortune of the Roman people seemed to me at that time hard and cruel, in that it allowed that man to trample upon this republic (of ours). He had polluted the most sacred religious observances by his debauchery, he had broken the most authoritative decrees of the Senate, he had openly redeemed himself from the jurymen, he had harassed the Senate during his tribuneship, he had rescinded the things (which had been) carried out for the security of the republic with the consent of all the orders, he had expelled me from my country, he had plundered my property, he had burned down my house, he had harassed my children and my wife, he had declared a wicked war on Gnaeus Pompeius, he had arranged the slaughter of magistrates and private citizens, he had burned down my brother's house, he had laid Etruria waste, he had evicted many people from their homes and their possessions; he kept pursuing, he kept oppressing (people); the state, Italy, provinces, kingdoms could not contain his frenzy; laws were already being drafted (lit. inscribed) in his house which were to bind us over to our slaves; there was nothing belonging to anyone, and to which, indeed, he had taken a fancy, which he did not think would be his within this year. (88) No one stood in the way of his intentions except Milo. (For) he regarded that very man who could have obstructed (him) (i.e. Pompeius) as bound (to him) by his recent reconciliation (lit. return to friendship); he was saying that the power of Caesar was at his disposal (lit. his own); he had shown his contempt for the dispositions of (all) good men in relation to my exile (lit. misfortune); Milo alone was worrying (lit. pressing hard upon) (him).

Chapter XXXIII. 

At this point the immortal gods, as I have said above, gave that abandoned and frantic (man) the idea of laying an ambush for him (i.e. Milo). That pest could not have perished in any other way; the republic would never have punished him with its own law. The Senate, I suppose, would have curtailed him (when he was) praetor. Not even when it was accustomed to doing this, had it achieved anything with regard to that same man (as) a private citizen. (89) Would the consuls have been courageous in that praetor being controlled? Firstly, Milo having been slain, he would have had his own consuls; then what consul would be fearless with regard to him (as) praetor, by whom he would have recalled that the virtues of consuls had been cruelly harassed? He would have oppressed everything, he would have taken hold of, and kept hold of, everything; by a new law, which was found in his house with the rest of the Clodian laws, he would have made our slaves his own freedmen; finally, if the immortal gods had not impelled him towards that idea that an effeminate man should attempt to slay a very brave man, you would today have nothing of the republic (left) at all. (90) Would that man (as) praetor, (would) that man indeed (as) consul, if only these temples and these very walls could have stood for so long, him (being) alive, and have waited for his consulship, in short (would) that man (if) alive have done no harm, who, (when) dead, burned down the Senate-House, one of his own henchmen, [Sextus Clodius], (being) the ringleader? What more wretched thing (is there) than that, that the sanctuary of holiness, of majesty, of wisdom, (and) of public counsel, the head of the city, the altar of the allies, the haven of all nations, the abode granted by the whole people to one of the orders, should be burned, utterly destroyed and desecrated, nor that that should be done, not by an ignorant mob, although that would have been a miserable (enough) thing (in) itself, but by a single man? Since he dared (to do this)  (as) a mere cremator on behalf of the dead, what would he not have dared (to do) as a standard-bearer on behalf of the living? (91)  And (then) are there (men) who complain about (what happened on) the Appian Way, (but who) are silent about (what occurred in) the Senate-House, and who think that the Forum could have been defended from him (while he was still) alive (lit. breathing), whose corpse the Senate-House could not resist?  Arouse, arouse the man himself, if you can, from the dead; would you have checked the attack of (the man if he were still) alive, whose frenzies you could scarcely endure (when he was) unburied? Unless indeed you did support those men, who rushed to the Forum with firebrands (and) to (the Temple) of Castor with demolition hooks, and who darted about through the entire Forum sword in hand (lit .with swords). You saw the Roman people slaughtered, (and) the popular assembly broken up with swords, when Marcus Caelius (Rufus), a tribune of the people, was heard in silence, a man both very courageous with regard to public affairs, and very resolute with regard to any (individual) cause (which he had) taken up, both devoted to the will of good citizens and the authority of the Senate, and with regard to this, shall I say, (lit. whether) unpopularity or misfortune of Milo, (behaving) with exceptional, superhuman and incredible loyalty.

D.  PERORATIO (Conclusion) (Chapters XXXIV-XXXVIII; Sections 92-105).

(92) But (I have) already (said) sufficiently much about the case, (and) perhaps even too much outside the case. What remains, except that I should beg, and appeal to, you, gentlemen of the jury, to show mercy to a most courageous man, which he himself does not implore, but (which) I, even with him opposing (me), both implore and demand? Do not (lit. be unwilling to), if amid the weeping of us all, you see no tears on the part of Milo, if you see his expression always the same, if (you hear) his voice, if (you hear) his manner of speech steady and not altered, for this reason spare him less (readily); perhaps (lit. I know not whether) he is much more worthy to be helped even. In fact, if in the battles of gladiators and in the case of the lowest kind of men with regard to their position and lot, we are wont to despise the timid and the suppliant, and (those) beseeching even that it may be permitted (to them) to live, (if) we desire to preserve the brave and undaunted and (those) risking (lit. offering themselves to) death (of their own accord), and (if) we have more pity (lit. it moves us to pity more) for those who do not ask for our pity, than (for those) who seek it desperately, how much more ought we to do this in the case of our bravest citizens! (93) Indeed, gentlemen of the jury, these expressions of Milo dishearten and depress me, (expressions) which I hear continually and at (the utterance of) which, I am daily present. "May my (fellow-)citizens fare well," he says, "may they fare well; may they be safe, may they be prosperous, may they be happy; may this illustrious city, (which as) my native-city (is) very dear to me, long endure, however ill she has treated me (lit. in whatever way she has done a service to me); may my (fellow-)citizens, since it is not permitted to me (to enjoy it) with them, enjoy the republic in tranquillity (lit. the tranquil republic), without me myself, but yet on account of me. I shall yield and depart. If it may not be permitted to me to enjoy good government, at any rate I shall be freed of bad (government), and, as soon as I reach a well mannered and free community, I shall rest within it. (94) O (how) vain (are) the labours undertaken by me, O (how) fallacious (are) my hopes and (how) empty my plans! When I, (as) a tribune of the people, the government having been crushed, had devoted myself to the Senate, which I had found annihilated, to the Roman knights, whose strength was crippled, to right-minded (lit. good) men, who had thrown away all their authority before the weapons of Clodius, should I ever have thought that the protection of good men would have failed me? When I had restored you to your country"  [for he very often has such a discussion (lit. it is very often discussed) with me], "should I have ever thought that there would not be a place for me in my country? Where now is the Senate which we followed, where are those Roman knights, those (knights) of yours," says he, "where (is) the zeal of the municipal towns, where (are) the voices of Italy, where above all (is) that (voice) of yours, Marcus Tullius (Cicero), the eloquence and advocacy of which has been of assistance to very many? Can this (voice) be of no assistance at all to me alone, (I) who have so often risked (lit. offered myself to) death on your behalf?

Chapter XXXV.


(95) But he does not say these things, gentlemen of the jury, weeping, as I (am) now (while I say) them, but with yonder countenance with which you behold (him). For he says that he did not do the things which he had done for ungrateful (fellow-)citizens, (yes,) he denies (that), (but) he does not deny (that he did them) for timid men and for (those) looking around for every (kind of) danger. With regard to the common people, and the proletarian mob, which, with Publius Clodius (as) their leader, was threatening your possessions, he recalls that he has succeeded not only in deflecting them by his virtue but also (in) appeasing (them) by his three legacies, whereby your lives have been (made) more secure, nor does he fear that, when he was placating the common people with gifts (i.e. gladiatorial games), he has not won you over by his singular services with regard to the republic. He says that the good-will of the Senate towards him has often been experienced (by him) in recent (lit. these very) times, and indeed that he will carry away with him (the memory of) your constant attendance (on him), (and) the demonstrations of support and the friendly expressions of your orders, whatever course destiny may bring. (96) He remembers also that the voice of the herald was the only thing wanting to him, (something) which he very little desired, but that he has been declared consul by the whole people, (the thing) which he wanted alone, and finally that, if these (proceedings) are to go against him, (only) the suspicion of some great crime, not the charge of the deed is standing in his way. He adds to this, (something) which is undoubtedly true, that brave and wise men are wont to pursue not so much the rewards of deeds properly (done) as the deeds themselves (being) properly (done); that he has done nothing in his life other than with the highest degree of honesty, since nothing can be of more distinction to man than to free his country from perils. That they are blessed, for whom this conduct has (procured) honour from their (fellow-)citizens, but nor (are) they miserable who have outdone their (fellow-)citizens in good deeds. (97) But yet, that, of all the rewards of virtue, if an estimate were (lit. needing) to be had of these rewards, the most honourable (lit. the fullest) reward is glory; that this is the only (one) which can make amends for the shortness of life through the memory of posterity, which can bring it about that we are present (while) being absent, (and) that we are alive (when) dead. In short, that this is the thing, by the steps of which men appear to ascend even to heaven. (98) "About me," he says, "the Roman people will always be talking, all nations (will) always (be talking), no future age will ever be silent (about me). But even at this very time, when all the firebrands of ill-will towards me are being hurled at (me), still I am (lit. we are) celebrated in every meeting of men, their thanks being offered and their congratulations being received and in every conversation. I take no account of (lit. omit) the festival days both having been held and organised in Etruria. This is, I think, the hundred and second day (lit. daylight) since (lit. from) the death of Publius Clodius. Wherever the boundaries of the empire of the Roman people are, there not only the report of that (event), but also the joy (of it), has now penetrated. Therefore (lit. on account of which thing)," says he, "I am not worried where this body (of mine) may be, since the glory of my name both now abides, and will always remain, in every land."

Chapter XXXVI.

(99) You (have) constantly (discussed) these things with me with these men being absent; but I (am discussing) these things with you, Milo, with the same men listening: "I cannot indeed praise you enough, since you are (a man) of such resolution, but the more is that superhuman courage of yours, I should be separated from you with the greater pain. Nor indeed, if you are torn away from me, is that last complaint left (to me) for the purpose of consolation, that I can be angry with those men, from whom I shall have received  so great a blow. For my enemies will not tear you from me, but my greatest friends, (those who have), on several occasions, deserved not badly of me, but always very well." You will not ever, gentlemen of the jury, inflict upon me any grief so great (as this) [and yet what can be so great (as this)?], but you (will) never even (inflict) this particular (grief upon me), that I should forget how greatly you have always regarded me. If forgetfulness of this takes hold of you, or if you have taken offence at anything in me, why is that not atoned for by my life rather than Milo's? For I shall end my life (lit. shall have lived) gloriously, if something happens to me before I see so great an evil (befall) him. (100) At present one consolation sustains me, that your interest, Titus Annius, has lacked no affection, no zeal, no sense of gratitude on my part (lit. from me). On your behalf, I have courted the enmity of powerful men, I have repeatedly exposed my body and my life to the weapons of your enemies, I have thrown myself at the feet of very many men (as) a suppliant on your behalf, I have gathered my property, my possessions and (those) of my children to share in your adversities; lastly, on this very day, if any violence is prepared (against you), if there is any struggle for your life, I claim (it for myself). What now remains? What am I to say, what am I to do in return for your services to me, except to regard that fortune, whatever will be yours, (as) mine (also). I do not object (to it), I do not refuse (it), and I beseech you, gentlemen of the jury, either to add to (lit.increase) those kindnesses of yours, which you have conferred on me, in respect of the safety of this man, or (to) recognise that they will perish in the same man's ruin.

Chapter XXXVII.

(101) Milo is not moved by these tears (of mine); he is a kind of man with an incredible strength of mind; he thinks that where there is no place for virtue, there is banishment; (he thinks) that death is an end of nature, not a punishment. But he (is) in that state of mind in which he was born; what? just in what mind will you be, gentlemen of the jury? Will you keep Milo in your memory, (but) drive away (the man) himself? And will any place on this earth be worthier to receive this virtue (of his) than this (place), which produced (him)? I appeal to you, (to) you, (O) bravest of men, who have shed much blood on behalf of the republic; I appeal to you, centurions, and (to) you, soldiers, amid this danger to a (brave) man and an invincible citizen; with you not only looking on, but also armed and guarding this court of justice, shall this mighty virtue be repudiated, shall it be banished, shall it be cast out? (102) (O) wretched (man) that I (am), (O) unhappy (man) that I (am)! Were you able, Milo, by means of these men, to recall me to my country, (and) can I not, through the agency of the same men, keep you in yours? What shall I reply to my children, who consider you a second father? What (shall I reply) to you, brother Quintus, who are now absent, (though) a partner with me  during those (difficult) times? That I was not able to protect the safety of Milo by means of the same men through whom he had preserved ours? And with regard to what reason was I not able (to do so)? (One) which is welcome to all nations. From whom have I not been able (to procure it)? From those, who have gained very greatly from the death of Publius Clodius. Who was the intercessor (with whom interceeding)? I (103) What dreadful crime was I guilty of, what terrible deed did I admit to in my own case, gentlemen of the jury, when I tracked down, laid out, revealed, (and) extinguished those evidences of national destruction? From that spring all those sorrows poured over me and my (friends). Why did you wish me to be a returner? (Was it) that, with me looking on, they might be expelled, by means of whom I had been restored? Do not (lit. be unwilling to), I beg you, suffer my return to be more bitter than even that departure (of mine) had been. For how can I think that I have been restored, if I am torn away from those men, by whom I was restored?

Chapter XXVIII.

Would that the immortal gods had granted [I should say (this) with peace to you, my country; for I fear that I shall say something wicked with regard to you, (although) I may something dutiful with regard to Milo], would that the immortal gods (had granted that) Publius Clodius were not only (still) alive, but even praetor, consul (and) dictator, rather than that I should see this sight! (104) O (you) immortal gods, (that I should see) this brave (man) and this man worthy to be saved by you, gentlemen of the jury, (in this plight)! "Not at all, not at all, " he says. "But rather let him (i.e. Clodius) have paid the punishment deserved; let us suffer, if this is necessary, (what is) not deserved." Shall this man (i.e. Milo), born for his country, die anywhere except in his country, or possibly on behalf of his country? Will you keep the monuments of this man's courage, (yet) allow no sepulchre containing his body to exist in Italy? Will anyone, by his vote, banish from this city this man, whom all cities will summon to (join) them, (when he has been) expelled by you? (105) O blessed that city which receives this man, ungrateful this city, if it expels (him), wretched, if it loses (him). But let there be an end; for I can speak no longer because of my tears, and he forbids that he is defended by tears. I beg and  entreat you, gentlemen of the jury, in your votes being given, to dare (to decide) that which you think (is right). Believe me, that man (i.e. Pompeius) will very greatly approve your virtue, your sense of justice, (and) your integrity, who, in the jurymen being chosen, selected all the best and the wisest and the most courageous (of men).













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