Defence of Milo. ( Pro Milone) B.C. 52.
Argument
Exordium. CHAP 1 , 2 . The court is surrounded by armed men. But the jurors need not fear: public sympathy is with Milo: the jurors are free to maintain justice. Unfortunate position of the defendant. Clodius can be proved to have been the aggressor in the affray: Milo acted in self-defence. Confutatio. (I) 3 , 4 . Homicide is not always a crime; it is especially justifiable in self-defence. (II) 5 , 6 (sect. 14 ). The decree of the Senate touches only the riot: it does not determine the guilty party. (III) 6 (sect. 15 ), 7 , 8 . Pompey's action in carrying a law for the establishment of this investigation was not prejudicial to Milo. He left the question of Milo's guilt to the court. Narratio . 9 - 11 . The question is, Which lay in wait for the other? history of the controversy. Why Clodius desired Milo's death, and how he planned to meet him; the encounter on the Appian Way. Confirmatio . (I) 12 - 13 . Which was to be the gainer by the other's death? Strong motive in the case of Clodius; no motive in Milo's case. 14 . Habitual violence of Clodius: opposite character of Milo. 15 - 16 . Milo had before spared Clodius when he had good opportunities to kill him: would he have plotted his death on so unfavorable an occasion? 17 - 19 . How Clodius knew of Milo's journey and informed himself of his setting out: pretext of the death of Cyrus. Milo knew nothing of Clodius's movements. 20 - 21 . Comparison of the conditions: Milo was on strange ground and unprepared. Clodius was fully prepared. 22 . Why Milo manumitted his slaves: it was a generous and right act, and not for the sake of suppressing testimony. The evidence of Clodius's slaves goes for nothing. 23 - 26 . Milo's after acts: the false charges against him, especially of plotting against Pompey the supposed hostility of Pompey explained away. (II) 27 - 30 . Yet if Milo had killed Clodius purposely, all would have approved The crimes of Clodius: would any have him restored to life? If Milo had slain him he might have claimed glory for the deed. 31 - 33 . It was the act of the gods, who first made Clodius mad, that he might rush on his destruction. Peroratio 34 . Milo deserves the compassion of the judges: he bids farewell to the ungrateful city. 35 . Calmly resigned he appeals to the judgment of posterity. 36 , 37 . Milo's cause is Cicero's own. Cicero appeals to the judges in his own name The exile of Milo will be a calamity to the defenders of Rome. 38 . Happy the country that receives him! Closing appeal to the court.Commentary on Defense of Milo. James Bradstreet Greenough. ed. James Bradstreet Greenough, ed. George Lyman Kittredge. Boston. 1897.
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