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".
But the appeal was in vain, or rather, as far as we can ascertain, was
never made,--at least in such powerful terms as those in which we read
it. The great advocate was wholly unmanned by the scene before him, grew
nervous, and broke down utterly in his speech for the defence. This
presence of a military force under the orders of Pompey--the man in whom
he saw, as he hoped, the good genius of Rome--overawed and dis
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