cly on the Rostra. Riots ensued; Milo was obliged to fly, and
renounce his hopes of power; and the Senate, intimidated, named
Pompey--not indeed "Dictator", for the name had become almost as hateful
as that of King--but sole consul, for the safety of the state.
Cicero had resumed his practice as an advocate, and was now called upon to
defend Milo. But Pompey, either from some private grudge, or in order to
win favour with the populace, determined that Milo should be convicted.
The jury were overawed by his presence in person at the trial, and by the
occupation by armed soldiers of all the avenues of the court under
colour of keeping order. It was really as great an outrage upon the free
administration of justice as the presence of a regiment of soldiers at the
entrance to Westminster Hall would be at a modern trial for high treason
or sedition. Cicero affected to see in Pompey's legionaries nothing more
than the maintainers of the peace of the city. But he knew better; and the
fine passage in the opening of his speech for the defence, as it has come
down to us, is at once a magnificent piece of irony, and a vindication of
the rights of counsel.
"Although I am conscious, gentlemen, that it is a disgrace to me to
show fear when I stand here to plead in behalf of one of the bravest of
men;--and especially does such weakness ill become me, that when Milo
himself is far more anxious about the safety of the state than about his
own, I should be unable to bring to his defence the like magnanimous
spirit;--yet this strange scene and strangely constituted court does
terrify my eyes, for, turn them where I will, I look in vain for the
ancient customs of the Forum, 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,
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