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chariot, and almoft fettered by his wife? Obferve the other now, in the firft place, fallying out on a fudden from his feat; for what reafon ? in the evening; what urged him? late; to what purpose, especially at that feafon? He calls at Pompey's feat; with what view? To fee Pompey? He knew he was at Alfium. To fee his houfe? He had been in it a thoufand times. What then could be the reafon of this loitering and shifting about? He wanted to be upon the spot when Milo

came up.

Now please to compare the travelling equipage of a determined robber with that of Milo. Clodius, before that day, always travelled with his wife; he was then without her: he never ufed to travel but in his chariot; he was then on horseback: he was attended with Greeks wherever he went, even when he was hurrying to the Tuscan camp; at that time he had nothing infignificant in his retinue. Milo, contrary to his ufual manner, happened then to take with him his wife's fingers, and a whole train of her women: Clodius, who never failed to carry his whores, his Catamites, and his bawds along with him, was then attended by none but those who seem ed to be picked out by one another. How came he then to be overcome? Because the traveller is not always killed by the robber, but fometimes the robber by the traveller; because, though Clodius was prepared, and fell upon those who were unprepared, yet Clodius was but a woman, and they were men. Nor indeed was Milo ever fo little unprepared, as not to be a match for him almoft at any time. He was always fenfible how much it was Clodius's intereft to get rid of him, what an inveterate hatred he bore to him, and what audacious attempts he was capable of; and therefore as he knew that a price was fet upon his life, and that it was in a manner devoted to deftruction, he never expofed it to any danger without a guard. Add to this effect of accidents, the uncertain iflue of all combats, and the common chance of war, which often turns againft the victor, even when ready to plunder and triumph over the vanquished. Add the unfkilfulness of a gluttonous, drunken, apid leader, who when he had furrounded his adverfary, never thought of his attendants that were behind; from whom, fired with rage, and defpairing of their mafter's life, he fuffered the punishment which thofe faithful flaves inflicted in re

venge for their mafter's death. Why then did he give them their freedom! He was afraid, I fuppofe, left they should betray him, left they should not be able to endure pain, left the torture fhould oblige them to confefs that P. Clodius was killed by Milo's fervants on the Appian way. But what occafion for torture? what was you to extort? If Clodius was killed? he was: but whether lawfully or unlawfully, can never be determined by torture. Wher the question relates to the matter of fact, we may have recourse to the executioner; but when to a point of equity, the judge must decide.

Let us then here examine into what is to be the fubject of enquiry in the present cafe; for as to what you would extort by torture, we confess it all. But if you ask why he gave them their freedom, rather than why he bestowed fo small a reward upon them, it fhews that you do not even know how to find fault with this action of your adverfary. For M. Cato, who fits on this bench, and who always fpeaks with the utmost resolution and steadiness, said, and faid it in a tumultuous affembly, which however was quelled by his authority, that those who had defended their mafter's life, well deserved not only their liberty, but the highest rewards. For what reward can be great enough for such affectionate, fuch worthy and faithful fervants, to whom their mafter is indebted for his life? And which is yet a higher obligation, to whom he owes it, that his moft inveterate enemy has not feafted his eyes, and fatiated his wishes, with the fight of his mangled bloody corfe. Who, if they had not been made free, these deliverers of their mafter, thefe avengers of guilt, these defenders of innocent blood, must have been put to the torture. It is matter, however, of no small fatisfaction to him, under his present misfortunes, to reflect, that whatever becomes of himself, he has had it in his power to reward them as they deferved. But the torture that is now inflicting in the porch of the temple of Liberty, bears hard upon Milo. Upon whofe flaves is it inflicted? do you afk! on thofe of P. Clodius. Who demanded them? Appius. Who produced them Appius. From whence came they? from Appius. Good gods! can any thing be more fevere? Servants are never examined against their masters but in cases of inceft, as in the inftance of Clodius, who now approaches nearer the gods, than when he

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made his way into their very prefence; for the fame enquiry is made into his death, as if their facred mysteries had been violated. But our ancestors would not allow a flave to be put to the torture for what affected his master, not because the truth could not thus be difcovered, but becaufe their masters thought it dishonourable and worse than death itself. Can the truth be difcovered when the flaves of the profecutor are brought as witneffes against the perfon accused? Let us hear now what kind of an examination this was. Call in Rofcio, call in Cafca. Did Clodius waylay Milo? He did. Drag them inftantly to execution: he did not. Let them have their liberty. What can be more fatisfactory than this method of examination? They are hurried away on a fudden to the rack, but are confined feparately, and thrown into dungeons, that no perfon may have an opportunity of fpeaking to them: At laft, after having been, for a hundred days, in the hands of the prosecutor, he himfelf produces them. What can be more fair and impartial than such an examination ?

But if, my lords, you are not yet convinced, though the thing fhines out with fuch strong and full evidence, that Milo returned to Rome with an innocent mind, unftained with guilt, undisturbed by fear, and free from the accufations of conscience; call to mind, I beseech you by the immortal gods, the expedition with which he came back, his entrance into the forum while the fenate-house was in flames, the greatnefs of foul he discovered, the look he affumed, the fpeech he made on the occafion. He delivered himself up, not only to the people, but even to the fenate; nor to the fenate alone, but even to guards appointed for the public fecurity; nor merely to them, but even to the authority of him whom the senate had intrusted with the care of the whole republic, all the youth of Italy, and all the military force of Rome: to whom he would never have delivered himself, if he had not been confident of the goodness of his caufe; especially as that perfon heard every report, was apprehenfive of very great danger, had many fufpicions, and gave credit to fome stories. Great, my lords, is the force of confcience; great both in the innocent and the guilty; the firft have no fears, while the other imagine their punishment is continually before their eyes. Nor indeed is it without good reafon that

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Milo's caufe has ever been approved by the fenate; for thofe wife men perceived the justice of his caufe, his prefence of mind, and the refolution with which he made his defence. Have you forgot, my lords, when the news of Clodius's death had reached us, what were the reports and opinions that prevailed, not only amongst the enemies of Milo, but even amongst fome other weak perfons, who affirmed that Milo would not return to Rome? For if he committed the fact in the heat of paffion, from a principle of refentment, they imagined he would look upon the death of P. Clodius as of fuch confequence, that he could be content to go into banishment, after having fatiated his revenge with the blood of his enemy; or if he put him to death with a view to the fafety of his country, they were of opinion that the fame brave man, after he had faved the state by expofing his own life to danger, would chearfully fubmit to the laws, and leaving us to enjoy the bleffings he had preferved, be fatisfied himself with immortal glory. Others talked in a more frightful manner, and called him a Cataline; he will break out, faid they, he will feize fome strong place, he will make war upon his country. How wretched is often the fate of thofe citizens who have done the most important fervices to their country! their nobleft actions are not only forgot, but they are even fufpected of the moit impious. Thefe fuggeftions therefore were groundless: yet they must have proved too well founded, had Milo done any thing that could not be defended with truth and justice.

Why should I mention the calumnies that were afterwards heaped upon him? And though they were fuch as would have filled any breast with terror that had the leaft confcioufnefs of guilt, yet how he bore them! Immortal gods! bore them, did I fay? Nay, how he defpifed and fet them at nought! Though a guilty perfon even of the greatest courage, nor an innocent perfon, unless endued with the greateft fortitude, could never have neglected them. It was whispered about, that a vaft number of fhields, fwords, bridles, darts, and javelins might be found; that there was not a ftreet nor lane in the city, where Milo had not hired a house; that arms were conveyed down the Tiber to his feat at Ocriculum; that his house on the Capitoline hill was filled with fhields; and that every other place was full of hand-granades for firing the city. These X x 3

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ftories were not only reported, but almost believed; nor were they looked upon as groundless till after a fearch was made. I could not indeed but applaud the wonderful diligence of Pompey upon the occafion: but to tell you freely, my lords, what I think those who are charged with the care of the whole republic, are obliged to hear too many stories; nor indeed is it in their power to avoid it. He could not refufe an audience to a paultry fellow of a prieft, Licinius I think he is called, who gave information that Milo's flaves, having got drunk at his houfe, confeffed to him a plot they had formed to murder Pompey, and that afterwards one of them had itabbed him, to prevent his difcovering it. Pompey received this intelligence at his gardens. I was fent for immediately; and by the advice of his friends the affair was laid before the fenate. I could not help being in the greatest confternation, to see the guardian both of me and my country under fo great an apprehenfion; yet I could not help wondering, that fuch credit was given to a butcher; that the confeffions of a parcel of drunken flaves fhould be read; and that a wound in the fide, which feemed to be the prick only of a needle, should be taken for the thrust of a gladiator. But, as I underftand, Pompey was fhewing his caution, rather than his fear; and was difpofed to be fufpicious of every thing, that you might have reafon to fear nothing. There was a rumour alfo, that the houfe of C. Cæfar, so eminent for his rank and courage, was attacked for feveral hours in the night. Nobody heard, nobody perceived any thing of it, though the place was fo public; yet the affair was thought fit to be enquired into. I could never fufpect a man of Pompey's dilinguifhed valour, of being timorous; nor yet think any caution too great in one, who has taken upon himself the defence of the whole republic. A fenator too, in a full houfe, affirmed lately in the capitol, that Milo had a dagger under his gown at that very time: upon which he stript himself in that moit facred temple, that, fince his life and manners could not gain him credit, the thing itself might speak for him.

Thefe stories were all discovered to be falte malicious forgeries: but if, after all, Milo must fill be feared; it is no longer the affair of Clodius, but your fufpicions, Pompey, which we dread: your, your fufpicions, fay, and fpeak it fo, that you Į

may hear me. If you are afraid of Milo, if you imagine that he is either now forming, or has ever before contrived, any wicked defign againft your life; if the forces of Italy, as fome of your agents alledge, if this armed force, if the Capitoline troops, if these centries and guards, if the chofen band of young men that guard your perfan and your house, are armed against the affaults of Milo; if all these precautions are taken and pointed against him, great undoubtedly must be his ftrength, and incredible his valour, far furpafling the forces and power of a single man, fince the most eminent of all our generals is fixed upon, and the whole republic armed to refilt him. But who does not know, that all the infirm and feeble parts of the ftate are committed to your care, to be reftored and strengthened by this armed force? Could Milo have found an opportunity, he would immediately have convinced you, that no man ever had a stronger affection for another than he has for you; that he never declined any danger, where your dignity was concerned; that, to raise your glory, he often encountered that monfter Clodius; that his tribunate was employed, under your direction, in fecuring my fafety, which you had then so much at heart; that you afterwards protected him, when his life was in danger, and ufed your intereft for him, when he stood for the prætorship; that there were two perfons whofe warmest friendship he hoped he might always depend upon; yourself, on account of the obligations you laid him under, and me on account of the favours I received from him. If he had failed in the proof of all this; if your fufpicions had been fo deeply rooted as not to be removed; if Italy, in a word, muft never have been free from new levies, nor the city from arms, without Milo's deftruction, he would not have fcrupled, fuch is his nature and principles, to bid adieu to his country: but firft he would have called upon thee, O thou great one, as he now does.

Confider how uncertain and variable the condition of life is, how unfettled and inconftant a thing fortune; what unfaithfulnefs is to be found amongst friends; what difguifes fuited to times and circumstances; what defertion, what cowardice in our dan gers, even of thofe who are dearest to us. There will, there will, I fay, be a time, and the day will certainly come, when you, with fafety ftill, I hope, to your fortunes,

though

though changed perhaps by fome turn of the common times, which, as experience fhews, will often happen to us all, may want the affection of the friendlieft, the fidelity of the worthiest, and the courage of the braveft man living. Though who can believe that Pompey, fo well skilled in the laws of Rome, in ancient ufages, and the conftitution of his country, when the fenate had given it him in charge, to fee that the republic received no detriment; a fentence always fufficient for arming the confals without affigning them an armed force; that he, I say, when an army and a chofen band of foldiers were affigned him, fhould wait the event of this trial, and defend the conduct of the man who wanted to abolish trials? It was fufficient that Pompey cleared Milo from those charges that were advanced against him, by enacting a law, according to which, in my opinion, Milo ought, and by the confeffion of all, might lawfully be acquitted. But by fit ting in that place, attended by a numerous guard affigned him by public authority, he fufficiently declares his intention is not to overawe, (for what can be more unworthy a man of his character, than to oblige you to condemn a perfon, whom, from numerous precedents, and by virtue of his own authority, he might have punifhed himself) but to protect you: he means only to convince you that, notwithftanding yesterday's riotous affembly, you are at full liberty to pafs fentence according to your own judgments.

But, my lords, the Clodian accufation gives me no concern; for I am not fo ftupid, fo void of all experience, or fo ignorant of your fentiments, as not to know your opinion in relation to the death of Clodius. And though I had not refuted the charge, as I have done, yet Milo might, with fafety, have made the following glorious declaration in public, though a falfe one; I have flain, I have flain, not a Sp. Mælius, who was fufpected of aiming at the regal power, because he courted the favour of the people by lowering the price of corn, and bestowing extravagant prefents to the ruin of his own eftate; not a Tiberius Gracchus, who feditiously depofed his colleague from his magiftracy; though even their destroyers have filled the world with the glory of their exploits: but I have flain the man (for he had a right to use this language, who had faved his country at the hazard of his own life) whofe abominable adul

teries our nobleft matrons difcovered even in the most facred recefles of the immortal gods: the man, by whofe punishment the fenate frequently determined to atone for the violation of our religious rites: the man whofe inceft with his own filer, Lucullus fwore he had discovered, by due examination: the man who, by the violence of his flaves, expelled a perfon elleemed by the fenate, the people, and all nations, as the preferver of the city and the lives of the citizens: the man, who gave and took away kingdoms, and parcelled out the world to whom he pleafed: the man who, after having committed feveral murders in the forum, by force of arms obliged a citizen of illuftrious virtue and character to confine himself within the walls of his own houfe: the man, who thought no inftance of villainy or luft unlawful: the man, who fired the table of the Nymphs, in order to destroy the public regifter, which contained the cenfure of his crimes; in a word, the man, who governed himself by no law, difre. garded all civil inftitutions, and obferved no bounds in the divifion of property; who never attempted to feize the eftate of another by quirks of law, fuborned evi dence, or falfe oaths, but employed the more effectual means of regular troops, encampments, and ftandards; who by his armed forces endeavoured to drive from their poffeffions, not only the Tufcans (for them he utterly defpifed) but Q. Varius, one of our judges, that brave man and worthy citizen; who with his architects and measures traversed the eftates and gardens of a great many citizens, and grafped in his own imagination all that lies between Janiculum and the Alps; who when he could not perfuade Titus Pecavius, an illuftrious and brave Roman knight, to fell an island upon the Pretian lake, immediately conveyed timber, ftone, mortar and fand, into the island in boats, and made no fcruple of building a house on another perfon's eftate, even while the proprietor was viewing him from the oppofite bank; who had the impudence, immortal gods! to declare to fuch a man as Titus Furfanius (for I fhall omit the affair relating to the widow Scantia, and the young Apronius, both of whom he threatened with death, if they did not yield to him the poffeffion of their gardens); who had the impudence, I fay, to declare to Titus Furfanius, that if he did not give him the fum of money he demanded, he would X x 4

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convey a dead body into his houfe, in order to expofe fo eminent a man to the public odium; who difpoffeffed his brother Appius of his eftate in his abfence, a man united to me in the clofeft friendship: who attempted to run a wall through a court-yard belonging to his fifter, and to build it in fuch a manner as not only to render the court-yard useless, but to deprive her of all entrance and access to her house.

Yet all these violences were tolerated, though committed no less against the commonwealth than againft private perfons, against the remoteft as well as the nearest, ftrangers as well as relations; but the amazing patience of Rome was become, I know not how, perfectly hardened and callous. Yet by what means could you have warded off thofe dangers that were more immediate and threatening, or how could you have fubmitted to his government, if he had obtained it? I pafs by our allies, foreign nations, kings and princes; for it was your ardent prayer that he would turn himfelf loofe upon those rather than upon your eftates, your houfes, and your mo ney. Your money did I fay? By heavens, he had never reftrained his unbridled luft from violating your wives and children. Do you imagine that these things are mere fictions are they not evident? not publicly known? not remembered by all? Is it not notorious that he attempted to raise an army of flaves, ftrong enough to make him mafter of the whole republic, and of the property of every Roman? Wherefore if Milo, holding the bloody dagger in his hand, had cried aloud, Citizens, I befeech you draw near and attend: I have killed Publius Clodius: with this right-hand, with this dagger, I have faved your lives from that fury, which no laws, no government could reftrain: to me alone it is owing, that juftice, equity, laws, liberty, modefty, and decency, have yet a being in Rome: could there be any room for Milo to fear how his country would take it? Who is there now that does not approve and applaud it? Where is the man that does not think and declare it as his opinion, that Milo has done the greateft poffible fervice to his country; that he has fpread joy amongst the inhabitants of Rome, of all Italy, and the whole world? I cannot indeed determine how high the transports of the Roman people may have rifen in former times, this prefent age however has been witness to many fignal victories

of the braveft generals; but none of them ever occafioned fuch real and lasting joy. Commit this, my lords, to your memories. I hope that you and your children will enjoy many bleffings in the republic, and that each of them will be attended with this reflection, that if P. Clodius had lived, you would have enjoyed none of them. We now entertain the higheft, and, I truft, the beft-grounded hopes, that fo excellent a perfon being conful, the licentioufnefs of men being curbed, their schemes broke, law and justice eftablifhed, the prefent will be a most fortunate year to Rome. But who is fo ftupid as to imagine this would have been the cafe had Clodius lived? How could you poffibly have been fecure in the poffeffion of what belongs to you, of your own private property, under the tyranny of fuch a fury?

I am not afraid, my lords, that I fhould feem to let my refentment for perfonal injuries rife fo high, as to charge these things upon him with more freedom than truth. For though it might be expected this should be the principal motive, yet fo common an enemy was he to all mankind, that my averfion to him was fcarcely greater than that of the whole world. It is impoffible to exprefs, or indeed to imagine, what a villain, what a pernicious monfter he was. But, my lords, attend to this; the prefent trial relates to the death of Clodius: form now in your minds (for our thoughts are free, and reprefent what they pleafe juft in the fame manner as we perceive what we fee) form, I fay, in your minds the picture of what I fhall now defcribe. Suppofe I could perfuade you to acquit Milo, on condition that Clodius fhould revive. Why do your countenances betray thofe marks of fear? how would he affect you when living, if the bare imagination of him, though he is dead, fo powerfully ftrikes you? what! if Pompey himself, a man poffeffed of that merit and fortune which enable him to effect what no one befides can; if he, I fay, had it in his power either to appoint Clodius's death to be enquired into, or to raise him from the dead, which do you think he would chufe? Though from a principle of friendship he might be inclined to raise him from the dead, yet a regard to his country would prevent him. You therefore fit as the avengers of that man's death, whom you would not recall to life if you were able; and enquiry is made into his death by a

law

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