already killed, fell upon his fervants who were behind :: thefe being refolute and faithful to their mafter, were, fome of them, flain; whilst the rest, seeing a warm engagement near the chariot, being prevented from going to their mafter's affiftance, hearing besides from Clodius himself that Milo was killed, and believing it to be fact, acted upon this occafion (I mention it, not with a view to elude the accufation, but because it was the true state of the cafe) without the orders, without the knowledge;, without the presence of their master, as every-man would with his own fervants fhould act in the like circum ftances..

This, my Lords, is a faithful account of the matter of fact the perfon who lay in wait was himself over come, and force fubdued by force, or rather audaciouf nefs chastised by true valour. I fay nothing of the ad-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 might draw from hence in fa-vour of my client, whofe deftiny was fo peculiar, that he could not fecure his own fafety, without fecuring yours and that of the republic at the fame time. If he could not do it lawfully, there is no room for attempt ing his defence. But, if reafon teaches the learned, neceffity the barbarian, common custom all nations in general, and even nature itself. inftructs the brutes to de fend their bodies, limbs, and lives when attacked, by all poffible methods, you cannot pronounce this action cri minal, without determining at the fame time, that whoever falls into the hands of a highwayman, muft of ne ceffity perish either by the fword or your decifions. Had Milo been of this opinion, he would certainly have cho fen to have fallen by the hand of Clodius, who had more than once before this made an attempt upon hislife, rather than be executed by your order because he had not tamely yielded himself a victim to his rage. But if none of you are of this opinion, the proper question is, not whether Clodius was killed; for that we grant: but whether juftly or unjustly. If it appear that Milo was the aggreffor, we afk no favour; but if Clodius, you will then acquit him of the crime that has been laid to his charge.

What

What method then can we take to prove that Clodius lay in wait for Milo? It is fufficient, confidering what an audacious abandoned wretch he was, to fhow that he lay under a ftrong temptation to it, that he formed great hopes, and propofed 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 reftraint which his adverfary's power as conful would have laid upon his wicked defigns, but likewife that of being prætor under those confuls, by whofe connivance at leaft, if not affiftance, he hoped he should be able to betray the ftate into the mad fchemes he had been forming; perfuading himfelf, that as they thought themfelves under fo great an obligation to him, they would have no inclination to oppote any of his attempts, even if they fhould have it in their power; and that, if they were inclined to do it, they would perhaps be scarce able to control the most profligate of all men, who had been confirined and hardened in his audacioufnels by a long feries of villanies.

Milo is fo far from receiving any benefit from Clodi❤ us's death, that he is really a fufferer by it. But it may be faid that hatred prevailed, that anger and relentment arged him on, that he avenged his own wrongs, and redreffed his own grievances. Now if all thefe particulars may be applied not merely with greater propriety to Clodius than to Milo, but with the utmoft propriety to the one, and not the leaft to the other; what more can you defire? For why fhould Milo bear any other hatred to Clodius, who furnished him with fuch a rich harvest of glory, but that which every patriot must bear to all bad men? As to Clodius, he had motives enough for bearing ill will to Milo; firft, as my protector and guardian; then, as the oppofer of his mad fchemes, and the controller of his armed force; and lastly, as his accufer.

Every circumstance, my Lords, concurs to prove that it was for Milo's intereft Clodius fhould live; that, on the contrary, Milo's death was a moft defirable event for anfwering the purposes of Clodius; that on the one fide there was a moft implacable hatred, on the other not the leaff; 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 his adversary, while Milo knew not when Clodius was to return; that Milo's journey was neceffary, 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 al teration in his measures, but that Clodius feigned an excufe for altering his; that if Milo had defigned 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 apprehenfions from Milo, ought to have been afraid of coming to town fo late at night.

Let us now confider 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 eftate of Clodius, where at least a thousand able-bodied men were employed in his mad fchemes of building. Did Milo think he fhould have an advantage by attacking him from an eminence, and did he for this reafon pitch upon that spot for the engagement? or was he not rather expected in that place by his adverfary, who hoped the fituation would favour his affault? The thing, my Lords, fpeaks for itself, which must be allowed to be of the greatest importance in determining a question. Were the affair to be reprefented only by painting, inftead of being ex preffed by words, it would even then clearly appear which was the traitor, and which was free from all inifchievous defigns; when the one was fitting in his chariot, muffled up in his cloak, and his wife along with him. Which of these circumftances was not à very great incumbrance? the dress, the chariot, or the companion? How could he be worfe equipped for an engagement, when he was wrapt up in a cloak, embarraffed with a 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

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 thousand times. What then could be the reafon of this loitering and fhifting about? He wanted to be upon the spot when Milo came up.

But if, my Lords, you are not yet convinced, though the thing fhines out with fuch ftrong and full evidence, that Milo returned to Rome with an innocent mind, unftained with guilt, undisturbed by fear, and free from the accufations of confcience; 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 greatness of foul he difcovered, 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 fenate had intrufted with the care of the whole republic: to whom he would never have delivered himself, if he had not been confident of the goodness of his caufe.

What now remains, but to befeech and adjure you, my Lords, to extend that compaffion to a brave man, which he difdains to implore, but which I, even against his confent, implore and earneftly intreat. Though you have not seen him shed a single tear while all are weeping around him, though he has preferved the fame steady countenance, the fame firmnefs of voice and language, do not on this account withhold it from him.

On you, on you I call, ye heroes, who have loft fo much blood in the fervice of your country! to you, ye centurions, ye foldiers, I appeal in this hour of danger to the best of men, and braveft of citizens! while you are looking on, while you stand here with arms in your hands, and guard this tribunal, fhall virtue like this be expelled, exterminated, caft out with difhonour? By the immortal gods I wifh (pardon me, O my country! for I fear what I fhall fay out of a pious regard for Milo may be deemed impiety against thee), that Clodius not only lived, but were prætor, conful, dictator, rather than be witness to such a scene as this. Shall this man,

then,

then, who was born to fave his country, die any where but in his country? Shall he not at leaft die in the ferVice of his country? Will you retain the memorials of his gallant foul, and deny his body a grave in Italy? Will any perfon give his voice for banishing a man from this city, whom every city on earth would be proud to receive within its walls? Happy the country that shall receive him! ungrateful this, if it fhall banifh him! wretched, if it fhould lofe him! But I must conclude; my tears will not allow me to proceed, and Milo forbids tears to be employed in his defence. You, my Lords, I befeech and adjure, that, in your decifion, you would dare to act as you think. Trust me, your fortitude, your justice, your fidelity, will more especially be approved of by him (Pompey), who in his choice of judges has raised to the bench the braveft, the wifeft, and the best of men.

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