whom he has delivered up to a legal trial; nor his wisdom, to give the fanction of public authority to the outrages of a furious mob. Wherefore thofe arms, thofe centurions and cohorts, are fo far from threatening me with danger, that they affure me of protection; they not only banish my fears, but infpire me with courage; and promife that I fhall be heard not merely with fafety, but with filence and attention. As to the reft of the affembly, those, at leaft, that are Roman citizens, they are all on our fide; nor is there a fingle perfon of all that multitude of fpectators, whom you fee on all fides of us, as far as any part of the forum can be diftinguished, waiting the event of the trial, who, while he favours Milo, does not think his own fate, that of his pofterity, his country, and his property, likewife at flake. There is indeed one fet of men our inveterate enemies; they are thofe whom the madness of P. Clodius has trained up, and fupported by plunder, firing of houfes, and every fpecies of public miichief; who were fpirited up by the fpeeches of yefterday, to dictate to you what fentence you fhould pafs. If thefe fhould chance to raife any clamour, it will only make you cautious how you part with a citizen who always defpifed that crew, and their loudeft threatenings, where your fafety was concerned. Act with fpirit then, my lords, and if you ever entertained any fears, difmifs them all. For if ever you had it in your power to determine in favour of brave and worthy men, or of deferving citizens; in a word, if ever any occafion was prefented to a number of perfons felected from the moft illuftrious orders, of declaring, by their actions and their votes, that regard for the brave and virtuous, which they had often expreffed by their looks and words; now is the time for you to exert this power in determining whether we, who have ever been devoted to your authority, fhall spend the remainder of our days in grief and mifery, or after having been fo long infulted by the most abandoned citizens, fhall at laft through your means, by your fidelity, virtue and wifdom, recover our wonted life and vigour. For what, my lords, can be mentioned or conceived more grievous to us both; what more vexatious or trying, than that we who entered into the fervice of our country from the hopes of the highest honours, cannot even be free from the apprchen fions of the fevereft punishments? For my own part, I always took it for granted, that the other ftorms and tempefts which are ufually raised in popular tumults would beat upon Milo, because he has conftantly approved himself the friend of good men in oppofition to the bad; but in a public trial, where the most illuftrious perfons of all the orders of the ftate were to fit as judges, I never imagined that Milo's enemies could have entertained the leaft hope not only of destroying his fafety, while fuch perfons were upon the bench, but even of giving the leaft ftain to his honour. In this caufe, my lords, I fhall take no advantage of Annius's tribunefhip, nor of his important fervices to the ftate during the whole of his life, in order to make out his defence, unless you shall fee that Clodius himfelf actually lay in wait for him; nor fhall I intreat you to grant a pardon for one rash action, in confideration of the many glorious things he has performed for his country; nor require, that if Clodius's death prove a bleffing to you, you should afcribe it rather to Milo's virtue, than the fortune of Rome: but if it fhould appear clearer than the day, that Clodius did really lie in wait, then I muft befeech and adjure you, my lords, that if we have lost every thing elfe, we may at least be allowed, without fear of punishment, to defend our lives against the infolent attacks of our enemies. But before I enter upon that which is the proper fubject of our prefent enquiry, it will be neceflary to confute thofe notions which have been often advanced by our enemies in the fenate, often by a fet of worthiefs fellows, and even lately by our accufers before an affembly, that having thus removed all ground of mistake, you may have a clearer view of the matter that is to come before you. They fay, that a man who confeffes he has killed another, ought not to be fuffered to live. But where, pray, do thefe ftupid people ufe this argument? Why truly, in that very city where the first person that was ever tried for a capital crime was the brave M. Horatius; who before the ftate was in poffeffion of its liberty, was acquitted by the comitia of the Roman people, though he confeffed he had killed his fifter with his own hand. Can any one be fo ignorant as not to know, that in cafes of bloodfhed the fact is either abfolutely denied, or maintained to be juft and lawful? Were it not fo, P. Africanus must be reckoned Out eut of his fenfes, who, when he was afked into our conftitution; it is the dictate, not in a feditious manner by the tribune Carbo of education, but inflinct, that if our lives before all the people, what he thought of fhould be at any time in danger from conGracchus's death? faid, that he deferved cealed or more open affaults of robbers or to die. Nor can Ahala Servilius, P. Nafi- private enemies, every honourable method ca, L. Opimius, C. Marius, or the fenate fhould be taken for our fecurity. Laws, ittelf, during my confulate, be acquitted my lords, are filent amidft arms; nor do of the most enormous guilt, if it be a they require us to wait their decifions, crime to put wicked citizens to death. It when by fuch a delay one muft fuffer an is not without reason therefore, my lords, undeferved punishment himself, rather than that learned men have informed us, though inflict it juitly on another. Even the law in a fabulous manner, how that, when a itself, very wifely, and in fome measure difference arofe in regard to the man who tacitly, allows of felf-defence, as it does had killed his mother in revenge for his not forbid the killing of a man, but the father's death, he was acquitted by a di- carrying a weapon in order to kill him: vine decree, nay, by a decree of the god- fince then the ftrefs is laid not upon the defs of Wisdom herself. And if the twelve weapon but the end for which it was cartables allow a man, without fear of punish. ried, he that makes ufe of a weapon only ment, to take away the life of a thief in to defend himself, can never be condemned the night, in whatever fituation he finds as wearing it with an intention to take him; and, in the day-time, if he ufes a away a man's life. Therefore, my lords, weapon in his defence; who can imagine let this principle be laid down as the founthat a perfon muft univerfally deferve pu- dation of our plea: for I don't doubt but nifhment for killing another, when he can- I fhall make out my defence to your fatif not but fee that the laws themfelves, in faction, if you only keep in mind what I fome cafes, put a fword into our hands for think it is impoffible for you to forget, this very purpofe? that a man who lies in wait for another may be lawfully killed. But if any circumftance can be alledged, and undoubtedly there are many fuch, in which the putting a man to death can be vindicated, that in which a perfon has acted upon the principle of felf-defence, maft certainly be allowed fufficient to render the action not only just, but neceffary. When a military tribune, a relation of C. Marius, made an unnatural attempt upon the body of a foldier in that general's army, he was killed by the man to whom he offered violence; for the virtuous youth chofe rather to expofe his life to hazard, than fubmit to fuch difhonourable treatmeat; and he was acquitted by that great man, and delivered from all apprehentions of danger. But what death can be deemed unjuft, that is inflicted on one who lies in wait for another, on one who is a public robber? To what purpofe have we a train of attendants? or why are they furnished with arms? It would certainly be unlawful to wear them at all, if the ufe of them was abfolutely forbid: for this, my lords, is not a written, but an innate law. We have not been taught it by the learned, we have not received it from our ancestors, we have not taken it from books; but it is derived from, it is forced upon us by nature, and ftamped in indelible characters upon our very frame: it was not conveyed to us by inftruction, but wrought 4 I come now to confider what is frequently infifted upon by Milo's enemies; that the killing of P. Clodius has been declared by the fenate a dangerous attack upon the ftate. But the fenate has declared their approbation of it, not only by their fuffrages, but by the warmest teftimonies in favour of Milo. For how often have I pleaded that very caule before them? How great was the fatisfaction of the whole order! How loudly, how publicly did they applaud me! In the fullest houfe, when were there found four, at most five, who did not approve of Milo's conduct? This appears plainly from the lifeless harangues of that finged tribuns, in which he was continually inveighing against my power, and alledging that the fenate, in their decree, did not follow their own judgment, but were merely under my direction and influence. Which, if it must be called power, rather than a moderate share of authority in juft and lawful cafes, to which one may be entitled by fervices to his country; or fome degree of intereft with the worthy part of mankind, on account of my readiness to exert myself in defence of the innocent; let it be called fo, provided it is employed for the protection of the virtuous against the fury of ruffians. But as for this extraordinary trial, though I do I do not blame it, yet the fenate never thought of granting it; because we had laws and precedents already, but in regard to murder and violence: nor did Clodius's death give them fo much concern as to occafion an extraordinary commiffion. For if the fenate was deprived of the power of paffing fentence upon him for an incestuous debauch, who can imagine they would think it necefiary to grant any extraordinary trial for enquiring into his death! Why then did the fenate decree that burning the court, the affault upon M. Lepidus's houfe, and even the death of this man, were actions injuricus to the republic? becaufe every act of violence committed in a free ftate by one citizen against another, is an act against the ftate. For even force in one's own defence is never defirable, though it is fometimes neceflary; unlefs indeed it be pretended that no wound was given the flate, on the day when the Gracchi were flain, and the armed force of Saturninus crashed. might be acquitted, after making his con- M. Drufus, a man of the highest quality, the defender, and in thofe times almoit the patron, of the fenate, uncle to that brave man M. Cato, now upon the bench, and tribune of the people, was killed in his own houfe. And yet the people were not confulted upon his death, nor was any commiffion for a trial granted by the fenate on account of it. What deep diftrefs is faid to have fpread over the whole city, when P. Africanus was aflafi When it appeared, therefore, that a man had been killed upon the Appian way, I was of opinion that the party who acted in his own detence should not be deemed an enemy to the itate; but as both contri-nated in the night time as he lay on his vance and force had been employed in the affair, I referred the merits of the caufe to a trial, and admitted of the fact. And if that frantic tribune would have permitted the fenate to follow their own judgment, we thould at this time have had no new commifion for a trial; for the fenate was coming to a refolution, that the cause hould be tried upon the old laws, only not according to the ufual forms. A divifion was made in the vote, at whofe requeft I know not; for it is not neceflary to expofe the crimes of every one. Thus the remainder of the fenate's authority was deftroyed by a mercenary interpofition. But, it is faid, that Pompey, by the bill which he brought in, decided both upon the nature of the fact in general, and the merits of this caufe in particular. For he published a law concerning this encounter in the Appian way, in which P. Clodius was killed. But what was the law? why, that enquiry fhould be made into it. And what was to be enquired into? whether the fact was committed? But that is not difputed. By whom? that too is clear. For Pompey faw, though the fact was confcffed, that the juftice of it might be defended. If he had not feen that a perfon own bed? What bread did not then figh, what heart was not pierced with grief, that a perfon, on whom the wishes of all men would have conferred immortality, could withes have done it, fhould be cut off by fo early a fate? was no decree made then for an enquiry into Africanus's death? None. And why? Because the crime is the fame, whether the character of the perfons that fuffer be illustrious or obfcure. Grant that there is a difference, as to the dignity of their lives, yet their deaths, when they are the effect of villainy, are judged by the fame laws, and attended by the fame punishments: unless it be more a heinous parricide for a man to kill his father if he be of a confular dignity, than if he were in a private station; or the guilt of Clodius's death be aggravated by his being killed amongst the monuments of his ancestors; for that too has been urged; as if the great Appius Cæcus had paved that road, not for the convenience of his country, but that his pofterity might have the privilege of committing acts of violence with impunity. And accordingly when P. Clodius had killed M. Papirius, a moft accomplished perfon of the Equestrian order, on this Appian way, hi crime muft pafs unpunished; for a nobleman had only killed a Roman knight amongst the monuments of his own family. Now the very name of this Appian way what a ftir does it make? what was never mentioned while it was ftained with the blood of a worthy and innocent man, is in every one's mouth, now it is dyed with that of a robber and a murderer. But Way do I mention thefe things? one of Clodius's flaves was feized in the temple of Caltor, where he was placed by his mater on purpofe to aflaffinate Pompey: he confeffed it, as they were wrefting the Cagger out of his hands. Pompey abfented from the forum upon it, he abfented from the fenate, he abfented from the public. He had recourfe, for his fecurity, to the gates and walls of his own houfe, and not to the authority of laws, or courts of judicature. Was any law paffed at that time? was any extraordinary cominiffion granted? And yet, if any circumftance, if any perfon, if any juncture, ever merited fuch a distinction, it was certainly upon this occafion. An affaffin was placed in the forum, and in the very porch of the fenate-house, with a defign to murder the man, on whofe life depended the fafety of the flate; and at fo critical a juncture of the republic, that if he had fallen, not this city alone, but the whole empire must have fallen with him. But poffibly you may imagine he ought not to be punished, becafe his dengn did not fucceed; as if the fuccefs of a crime, and not the intention of the criminal, was cognizable by the laws. There was lefs reafon indeed for grief, as the attempt did not fucceed; but certain ly not at all the lefs for punishment. How often, my lords, have I myself escaped the threatening dagger, and bloody hands of Clodius? From which if neither my own good fortune, nor that of the republic had preferved me, who would ever have pro cored an extraordinary trial upon my death? But it is weak in one to prefume to compare Drufus, Africanus, Pompey, or myfelf, with Clodius. Their lives could be dispensed with; but as to the death of P. Clodius, no one can hear it with any degree of patience. The fenate mourns, the Equeftrian order is filled with diflrels, the whole city is in the deepeit afliction, the corporate towns are all in mourning, the colonies are overwhelmed with forrow; in a word, even the fields themfelves lament the lofs of fo generous, fo useful, and fo humane a citizen. But this, my lords, is by no means the reafon why Pompey thought himfelf obliged to appoint a commiffion for a trial; being a man of great wifdom, of deep and alinoft divine penetration, he took a great variety of things into his view. He confidered that Clodius had been his enemy, that Milo was his intimate friend, and was afraid that, if he took his part in the general joy, it would render the fincerity of his reconciliation fufpected. Many other things he faw, and particularly this, that though he had made a fevere law, you would act with becoming refolution on the trial. And accordingly, in appointing judges, he felected the greateft ornaments of the most illuftrious orders of the flate; nor in making his choice, did he, as fome have pretended, fet afide my friends. For neither had this perfon, fo eminent for his juftice, any fuch defign, nor was it poffible for him to have made fuch a diftinction, if only worthy men were chofen, even if he had been defirous of doing it. My influence is not confined to my particular friends, my lords, the number of whom cannot be very large, because the intimacies of friendship can extend but to a few. If I have any intereft, it is owing to this, that the affairs of the itate have connected me with the virtuous and worthy members of it; out of whom when he chore the most deferving, to which he would think himicif bound in honour, he could not fail of nominating those who had an affection for me. But in fixing upon you, L. Domitius, to prefide at this trial, he had no other motive than a regard to justice, difistereiteduels, humanity and honour. He enacted that the prefident should be of confultr rank; becaufe, I fuppofe, he was of opinion that men of diftinction ought to be proof against the levity of the populace, and the rathnets of the abandoned; and he gave yo the preference to all others of the fame rank, because you had, from your youth, given the ftronget proofs of your contempt of popular rage. Therefore, my lords, to come at last to the caufe itself, and the accufation brought againft us; if it be not unafual in fome cafes to confels the fact; if the fenate has decreed nothing with relation to our caute, but what we ourfelves could have wished; if he who enacted the law, though there was no difpute about the matter of fact, was willing that the lawfulness of it should be debated; if a number of judges have been chofen, and a perfon appointed to prefide at the trial, who might canvafs the affair with wifdom and equity; the only remaining fubject of your enquiry is, which of these two parties way-laid the other. And that you may be able the more eafily to determine this point, I fhall beg the favour of an attentive hearing, while, in a few words, I lay open the whole affair before you. P. Clodius being determined, when created prætor, to harafs his country with every fpecies of oppreffion, and finding the comitia had been delayed fo long the year before, that he could not hold his office many months; not regarding, like the reft, the dignity of the itation, but being folicitous both to avoid having L. Paulus, a man of exemplary virtue, for his colleague, and to obtain a whole year for oppreffing the flate; all on a fudden threw up his own year, and referved himfelf to the next; not from any religious fcruple, but that he might have, as he faid himself, a full, entire year, for exercifing his prætorfhip; that is, for overturning the commonwealth He was fenfible he must be controuled and cramped in the exercife of his prætorian authority under Milo, who, he plainly faw, would be chofen conful by the unanimous confent of the Roman people. Accordingly, he joined the candidates that opposed Milo, but in fuch a manner that he over-ruled them in every thing, had the fole management of the election, and as he ufed often to boat, bore all the comitia upon his own fhouldeis. He affembled the tribes; he thruft himfelf into their counfels, and formed a new Collinian tribe of the moft abandoned of the citizens. The more confufion and difiurbance he made, the more Milo prevailed. When this wretch, who was bent upon all manner of wickedness, faw that fo brave a man, and his moft inveterate enemy, would certainly be conful; when he perceived this, not only by the difcourfes, but by the votes of the Roman people, he began to throw off all difguife, and to declare openly that Milo muft be killed. He fent for that rude and barbarous crew of flaves from the Appennines, whom you have feen, with whom he ufed to ravage the public forests, and harafs Etruria. The thing was not in the leaft a fecret; for he ufed openly to fay, that though Milo could not be deprived of the confulate, he might of his life. He often-intimated this in the fe nate, and declared it exprefsly before the people; infomuch that when Favonius, that brave man, asked him what profpect he could have of carrying on his furious defigns, while Milo was alive; he replied, that in three or four days at most he fhould be taken out of the way: which reply Favonius immediately communicated to M. Cato. per In the mean time, as foon as Clodius knew, (nor indeed was there any difficulty to come at the intelligence) that Milo was obliged by the eighteenth of January to be at Lanuvium, where he was dictator, in order to nominate a priest, a duty which the laws rendered neceffary to be formed every year; he went fuddenly from Rome the day before, in order, as appears by the event, to way-lay Milo, in his own grounds; and this at a time when he was obliged to leave a tumultuous affembly, which he had fummoned that very day, where his prefence was neceflary to carry on his mad defigns; a thing he never would have done, if he had not been defirous to take the advantage of that particular time and place for perpetrating his villainy. But Milo, after having staid in the fenate that day till the houfe was broke up, went home, changed his fhoes and cloaths, waited awhile, as ufual, till his wife had got ready to attend him, and thea fet forward about the time that Clódius, if he had propofed to come back to Rome that day, might have returned. Clodius meets him, equipped for an engagement, on horfeback, without either chariot or baggage, without his Grecian fervants; and, what was more extraordinary, without his wife. While this lierin-wait, who had contrived the journey on purpose for an aflaffination, was in a chariot with his wife, muilled up in his cloak, encumbered with a crowd of fervants, and with a feeble and timid train of women and boys; he meets Clodius near his own eftate, a little before fun-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 Clo. dius's attendants drawing their fwords, fome of them ran back to the chariot in order to attack Milo in the rear, whilt others, thinking that he was already killed, fell upon his fervants who were behind: thefe, being refolute and faithful to their master, |