and the old style of public trials. For your
tribunal to-day is girt with no such audience as was
wont; this is no ordinary crowd that hems us in.
Yon guards whom you see on duty in front of all the
temples, though set to prevent violence, yet still
do a sort of violence to the pleader; since in the
Forum and the count of justice, though the military
force which surrounds us be wholesome and needful,
yet we cannot even be thus freed from apprehension
without looking with some apprehension on the means.
And if I thought they were set there in hostile array
against Milo, I would yield to circumstances, gentlemen,
and feel there was no room for the pleader amidst
such a display of weapons. But I am encouraged
by the advice of a man of great wisdom and justice—of
Pompey, who surely would not think it compatible with
that justice, after committing a prisoner to the verdict
of a jury, then to hand him over to the swords of
his soldiers; nor consonant with his wisdom to arm
the violent passions of a mob with the authority of
the state. Therefore those weapons, those officers
and men, proclaim to us not peril but protection;
they encourage us to be not only undisturbed but confident;
they promise me not only support in pleading for the
defence, but silence for it to be listened to.
As to the rest of the audience, so far as it is composed
of peaceful citizens, all, I know, are on our side;
nor is there any single man among all those crowds
whom you see occupying every point from which a glimpse
of this court can be gained, looking on in anxious
expectation of the result of this trial, who, while
he approves the boldness of the defendant, does not
also feel that the fate of himself, his children, and
his country, hangs upon the issue of to-day”.
After an elaborate argument to prove that the slaying
of Clodius by Milo was in self-defence, or, at the
worst, that it was a fate which he well deserved as
a public enemy, he closes his speech with a peroration,
the pathos of which has always been admired:
“I would it had been the will of heaven—if
I may say so with all reverence for my country, for
I fear lest my duty to my client may make me say what
is disloyal towards her—I would that Publius
Clodius were not only alive, but that he were praetor,
consul, dictator even, before my eyes had seen this
sight! But what says Milo? He speaks like
a brave man, and a man whom it is your duty to protect—’Not
so—by no means’, says he. ’Clodius
has met the doom he well deserved: I am ready,
if it must be so, to meet that which I do not deserve’.
... But I must stop; I can no longer speak for
tears; and tears are an argument which he would scorn
for his defence. I entreat you, I adjure you,
ye who sit here in judgment, that in your verdict
you dare to give utterance to what I know you feel”.