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ought then to be inflicted upon a tyrannical and wicked prætor, who dared, at no greater distance than Sicily, within sight of the Italian coast, to put to the infamous death of crucifixion, that unfortunate and innocent citizen, Publius Gavius Cosanus, only for his having asserted his privilege of citizenship, and declared his intention of appealing to the justice of his country, against a cruel oppressor, who had unjustly confined him in a prison, at Syracuse, whence he had just made his escape? The unhappy man, arrested as he was going to embark for his native country, is brought before the wicked prætor. With eyes darting fury, and a countenance distorted with cruelty, he orders the helpless victim of his rage to be stripped, and rods to be brought; accusing him, but without the least shadow of evidence, or even suspicion, of having come to Sicily as a spy. It was in vain that the unhappy man cried out, “I am a Roman citizen: I have served under Lucius Pretius, who is now at Panormus, and will attest my innocence." The blood-thirsty prætor, deaf to all he could urge in his own defence, ordered the infamous punishment to be inflicted. Thus, Fathers, was an innocent Roman citizen publicly mangled with scourging; whilst the only words he uttered amidst his cruel sufferings were, "I am a Roman citizen !" With these he hoped to defend himself from violence and infamy. But of so little service was this privilege to him, that, while he was thus asserting his citizenship, the order was given for his execution for his execution upon the cross
O liberty! O sound, once delightful to every Roman ear! O sacred privilege of Roman citizenship!—once sacred!-now trampled upon !-but what then! Is it come to this? Shall an inferior magistrate, a governor, who holds his whole power of the Roman people, in a Roman province, within sight of Italy, bind, scourge, torture with fire, and redhot 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, nor the tears of pitying spectators, nor the majesty of the Roman commonwealth, nor the fear of the justice of his country, restrain the licentious and wanton cruelty of a monster, who in confidence of his riches, strikes at the root of liberty, and sets mankind at defiance?
I conclude with expressing my hopes, that your wisdom and justice, Fathers, will not, by suffering the atrocious and unexampled insolence of Caius Verres to escape the
due punishment, leave room to apprehend the danger of a total subversion of authority, and introduction of general anarchy and confusion.
II. Cicero for Milo.
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, I lay open the whole affair. Clodius being determined, when created prætor, to harass his country with every species of oppression, and finding the comitia had been delayed so long the year before, that he could not hold this office many months, all on a sudden threw up his own year, and reserved himself to the next; not from any religious scruple, but that he might have, as he said himself, a full, entire year for exercising his prætorship; that is, for overturning the commonwealth. Being sensible he must be controlled and cramped in the exercise of his prætorian authority under Milo, who, he plainly saw, would be chosen consul, 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, had the sole management of the election, and, as he used often to boast, bore all the comitia upon his own shoulders. He assembled the tribes; he thrust himself into their counsels; and formed a new tribe of the most abandoned of the citizens. The more confusion and disturbance he made, the more Milo prevailed. 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 consul; when he perceived this, not only by the discourses, but by the votes of the Roman people, he began to throw off all disguise, and to declare openly that Milo must be killed. He often intimated this in the senate, and declared it expressly before the people; insomuch that when Favonius, that brave man, asked him what prospect he could have of carrying on his furious designs while Milo was alive he replied, that in three or four days at most, he should be taken out of the way; 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, on his own grounds; and this at a time when he was obliged to leave a tumultuous assembly which he had summoned that very day, where his presence was necessary 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 senate that day till the house was broke up, went home, changed his clothes, waited awhile, as usual, till his wife had got ready to attend him, and then set forward, about the time that Clodius, if he had proposed to come back to Rome that day, might have returned. He meets Clodius near his own estate, a little before sunset, and is immediately attacked by a body of men, who throw their darts at him from an eminence, and killed his coachman. Upon which he threw off his cloak, leaped from his chariot, and defended himself with great bravery. In the mean time, Clodius' attendants drawing their swords, some of them ran back to the chariot, in order to attack Milo in the rear; whilst others, thinking that he was already killed, fell upon his servants who were behind; these being resolute, and faithful to their master, were some of them slain; whilst the rest seeing a warm engagement near the chariot, being prevented from going to their. master's assistance, hearing besides from Clodius himself, that Milo was killed, and believing it to be a fact, acted upon this occasion, (1 mention it not with a view to elude the accusation, but because it was the true state of the case) without the orders, without the knowledge, without the presence of their master, as every man would wish his own servants should act in the like circumstances.
This, my Lords, is a faithful account of the matter of fact the person who lay in wait was himself overcome, and force subdued by force, or rather audaciousness chastised by true valour. I say nothing of the advantage which accrues to the state in general, to yourselves in particular, and to all good men: I am content to wave the argument I might draw from hence in favour of my client, whose destiny was so peculiar, that he could not secure his own safety, without securing yours, and that of the republic, at the same time. If he could not do it lawfully, there is no room for attempting his defence But, if reason teaches the learned, neces
sity the barbarian, common custom all nations in general, and even nature itself instructs the brutes to defend their bodies, limbs and lives when attacked, by all possible methods, you cannot pronounce this action criminal, without determining at the same time, that whoever falls into the hands of a highwayman, must of necessity perish either by the sword, or your decision. Had Milo been of this opinion, he would certainly have chosen to have fallen by the hand of Clodius, who had 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 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 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 sufficient, considering what an audacious abandoned wretch he was, to show 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, Clodius 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 least, if not assistance, he hoped he should be able to betray the state into the mad schemes he had been forming; persuading himself, that, as they thought themselves under so great an obligation to him; they would have no inclination to oppose any of his attempts, even if they should 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 confirmed and hardened in his audaciousness, by a long series of villanies.
Milo is so far from receiving any benefit from Clodius' death, that he is really a sufferer by it. But it may be said, that hatred prevailed, that anger and resentment urged him on, that he avenged his own wrongs, and redressed his 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
Milo bear any other hatred to Clodius, who furnished him with such 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; 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
Every circumstance, my Lords, concurs to prove, that it was for Milo's interest, Clodius should live; that, on the contrary, Milo's death was a most desirable event for answering the purposes of Clodius; that, on the one side, there was a most implacable hatred; on the other, not the least; that the one had been continually employing himself in acts of violence, the other only in opposing 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 by his adversary; while Milo knew not when Clodius was to return; that Milo's journey was neces sary, but that of Clodius rather 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 excuse 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 employed in his mad schemes of building. Did Milo think he should have an advantage by attacking him from an eminence, 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 assault? The thing, my Lords, speaks for itself, which must be allowed to be of the greatest importance in determining the question. Were the affair to be represented only by painting, instead of being expressed by words, it would even then clearly appear which was the traitor, and which was free from all mischievous designs; when the one was sitting in his cha