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facred !--now trampled upon ! --But what then !: Is it come to this ? Shall an inferiour magittrate, a governour, who holds his whole power of the Roman people, in a Roman province, withia fight of Italy, bind, scourge, torture with fire and red hot plates of iron, and at last put to the infamous death of the cross, a Roman citizen? Shall neither the cries of innocence expiring in agony, por the tears of pitying fpectators, nor the majesty of the Roman commonwealth, nor the fear of the justice. of his country, restrain the licentious and wanton cruel. ty of a monster, who, in confidence of his riches, ftrikės: at the root of liberty, and sets mankind at defiance ?
I conclude with expressing my hopes, that your wil-. dom and justice, Fathers, will not, by suffering the atrocious and unexampled insolence of Caius Verres 10 escape the due punishment, leave room-to apprehend the danger of a total subversion of authority, and introm duction of general anarchy and confufion..
II. Cicero før Mila. MY LORDS, THAT you may be able the more easily to determine
upon this point before you, I shall beg the favour : of an attentive hearing, while, in a few words, 1 lay open the whole affairi-Clodius being determined, when created prætor, to harass his country with every species of oppreffion, and finding the comitia had been delayed fo » long the year before, that he could not bold this office : many months, all on a sudden threw up his own year, and referved himself to the next; not from any religi« ous fcruple, but that he might have, as he faid himfelf, a full, entire year for exercising his prætorship; that is for overturning the commonwealth. Being fenfible he : must be controled and cramped in the exercise of his prætorian authority under Milo, who, he plainly faw, . would be chosen conful by the unanimous consent of the Roman people ; he joined the candidates that opposed Milo, but in such a manner that he overruled them in every thing, bad the folé management of the eletivn,, and, as he used often to boast, bore all the comitia up on his own shoulders. He assembled the tribes; he thrust Apimself into their counfels, and formed a new tribe of
the most abandoned of the citizens. The more confufion and disturbance he made, the more Milo prevailedo When this wretch, who was bent upon all manner of wickedness, saw that so brave a man, and his most inveterate enemy, would certainly be conful ; when he perceived this, not only by the discourses, but by the votes of the Roman people, he began to throw off all difguile, and to declare openly that Milo must be killed. He often intimaied this in the senate, and declared it expressly before the people ; in fomuch that when Favonius, that brave man, aked him what prospect he could have of carrying on his furious designs, while Mila was alive-he replied, that in three or four days at most he should be taken out of the waya; which reply Favonius immediately communicated to Cato.
In the mean time, as soon as Clodius knew, (nor indeed was there any difficulty to come at the intelligence) that Milo was obliged by the 18th of January to be at Lanuvium, where he was dictator, in order to nominate a priest, a duty which the laws rendered necessary to be performed every year ; he went suddenly from Rome the day before, in order, as appears by the event, to waylay Milo in his own grounds; and this at a time when he was obliged to leave a tumultuous affembly, which he had summoned that very day, where his presence was neceffary to carry on his mad designs ; a thing he never would have done, if he had not been desirous to take the advantage of that particular time and place for perpetrating his villany. But Milo, after having staid in the : fenate that day till the house was broke up, went home, , changed his cloaths, waited a while, , as usual, till his wife had got ready to attend him, and then set forward about the time that .Clodius, if he had proposed 10 come: back to Rome that day, might have returned. He meets. Glodius near his own estate, a little before sun-fet, and is immediately attacked by a body of men, who throw their darts at him from an eminence, and kill his coachman. Upon which he threw off his cloak, leaped from : his chariot, and defended himself with great bravery. In : the mean time Clodius's attendants drawing their swords, , fome of them ran back to the chariot in order to attack Milu in the rear; ,whilft others, thinking that he was :
already killed, fell upon his servants who were behind :: these being refolute and faithful to their master, were, some of them, slain; whilst the reft, seeing a warm engagement near the chariot, being prevented from going to their master's affittance, hearing besides from Clodius hiirself that Milo was killed, and believing it to be fact, acted upon this occasion (I mention it, not with a view to elude the accusation, but because it was the true state of the cale) without the orders, without the knowledge, without the presence of their master, as every man would with his own servants should act in-the like circumftances.
This, my Lords, is a faithful account of the matter of fact : the person who lay in wait was himself over-come, and force subdued by force, or rather audacious ness chastised by true valour. I say nothing of the ado vantage which accrues to the state in general, to your. felves in particular, and to all good men; I am content: to wave the argument I miglrt draw from hence in fa-vour of my client, whose destiny was fo peculiar, that he could not secure his own fafety, without securing yours and that of the republic at the same time. If he could not do it lawfully, there is no room for attemptóing his defence. But, if reason teaches the learned, neceffity the barbarian, common custom all nations in general, and even nature itself instructs the brutes to de fend their bodies, limbs, and lives when attacked, by all possible methods, you cannot pronounce this action cri. minal, without determining at the same time, that whoever falls-into the hands of a highwayman, must of nes cessity perilh either by the sword or your decisions. Had Milo been of this opinion, he would certainly have cho sen to have fallen by the hand of Clodius, who bad more than once before this made an attempt upon his life, rather than be executed by your order because he had not tamely yielded himself a victim to his if none of you are of this opinion, the proper question is, not whether Clodius was killed; for that we grant : but whether justly or unjustly. If it appear that Milo was the aggressor, we ask no favour ; but if Clodius, you' will then acquit him of the crime that has been laid to“; his charge.
What method then can we take to prove that Clodius lay in wait for Milo ? It is fufficient, considering what an audacious abandoned wretch he was, to fhow that he lay under a strong temptation to it, that he formed great hopes, and proposed to himself great advantages, from Milo's death. By Milo's death, Clodhis would not only have gained his point of being prætor, without that restraint which his adversary's power as consul would have laid upon his wicked designs, but likewise that of being prætor under those consuls, by whose connivance at leaft, if not affistance, he hoped he should be able to betray the fate into the mad schemes he had been form. ing ; perfuading himfelf, that as they thought them. felves under so great an obligation to him, they would have no inclmation to oppo:e any of his attempts, ever if they should have it in their power; and that, if they were inclined to do it, they would perhaps be fcarce able to control the most profligare of all men, who had been confirined and hardened in his audaciousness by a long series of villanies.
Milo is to far from receiving any benefit from Clodio Ds's death, that he is really a lufferer by it. But it may be said that hatred prevailed, that anger and resentment orged him on, that he avenged his own wrongs, and redressed bis own grievances. Now if all these particulars may be applied not merely with greater propriety to Clodius than to Milo, but with the utmost propriety to the one, and not the least to the other; what more can you desire ? For why should Mild bear any other hatred to Clodius, who furnished him with such a rich harvest of glory, but that which every patriot muft bear to all bad inen? As to Clodius, he had motives enough for bearing ill will to Milo; first, as my protector and guardian ; then, as the opposer of his mad schemes, and the controller of his armed force ; and lastly, as his accu. fer.
Every circumstance, my Lords, concurs to prove tbat it was for Milo's interest Clodius should live; that, on the contrary, Milo's death was a most desirable event for answering tbe purposes of Clodius ; that on the one side there was a most implacable hatred, on the other got the least; that the one had been continually employ
ing himself in acts of violence, the other only in oppofing them ; that the life of Milo was threatened, and his. death publicly foretold by Clodius, whereas nothing of that kind was ever heard from Milo; that the day fixed for Milo's journey was well known to nis adversary, while Milo knew not when Clodius was to return; that Milo's journey was necessary, but that of Clodiusrather the contrary ; that the one openly declared his intention of leaving Rome that day, while the other concealed his intention of returning; that Milo made no alteration in his measures, but that Clodius feigned an exeuse for, altering his ; that if Milo had designed to waylay Clodius, he would have waited for him
near the city till it was dark; but that Clodius, even if he had been under no apprehensions from Milo, ought to have been afraid of coming to town so late at night.
Let us now consider whether the place where they encountered was most favourable to Milo or to Clodius:But can there, my Lords, be any room for doubt, or deliberation upon that? It was near the estate of Clodius, where at least a thousand able-bodied men were employe ed in his mad schemes of building. Did Milo think he hould have an advantage by attacking him from an e. minence, and did he for this reason pitch upon that spot for the engagement ? or was he not rather expected in', that place by his adversary, who hoped the situation would favour his affault? The thing, my Lords, speaks for itself, which must be allowed to be of the greatest importance in determining a question. Were the affair to be represented only by painting, instead of being ex pressed by words, it would even then clearly appear which was the traitor, and which was free from all inischievous designs; when the one was sitting in his chariot, muffled up in his cloak, and his wife along with him. Which of these circumstances was not a very great incumbrance! the dress, the chariot, or the companion? How could. he be worse equipped for an engagement, when he was wrapt up in a cloak, embarrafled with a chariot, and alnioft fettered by his wife? Observe the other now, in the first place, fallying out on a sudden from his feat;. for what reason ? in the evening ; what urged him? late ; to what purpose, especially at that season? He calls at