Cicero called out, that all the other charges against Milo were just like that." (Asconius.)

197 31 (SECT. 67.) cum . . . timemus. . . perhorrescimus: § 326, a; G. 582; H. 517, 2.-tamen, i.e. notwithstanding the alleged grounds for fearing Milo have been proved false. —si metuitur: the protasis is timemus, perhorrescimus. etiam nunc, opposed to the instances of such fear of Milo mentioned in the preceding chapter.

197 32 Clodianum crimen, the charge of murdering Clodius. — timemus, we = Cicero and his client: they have to fear, he says, —in case Milo is still regarded by Pompey with apprehension, not the charge of murdering Clodius (for Milo is sure of an acquittal if the case is decided on its merits) but Pompey's suspicions of Milo's hostility to him (for these may well prove prejudicial to Milo's case). These suspicions Cicero answers by a reductio ad absurdum,—if all these military preparations have been made for fear of Milo, what a great man Milo must be ! But everybody knows that they were not made for this reason: hence Pompey has no reason to fear Milo.

198. 1 exaudire: Pompey was sitting not in the court, but at the Treasury, a considerable distance off.

...

198 2 si times, putas, etc. the apod. is magna in hoc, etc., 1. 9, below.

198 12 (SECT. 68.) sed quis, but [this cannot be, for] who, etc.

198 14 si locus, etc., i.e. if Milo had had a chance, he would have proved his devotion to Pompey.

198 18 illa taeterrima peste, i.e. Clodius.

198 19 tribunatum: Milo was tribune B.C. 57, and he was active in securing the recall of Cicero from exile.

198 23 quae si non, etc., if he could not prove this.

198 25 armis . . . conquietura, were never likely to rest from arms. 198 26 ne, assuredly.

198 27 ita natus, born for that very thing (i.e. to sacrifice everything for his country).

198 28 te antestaretur, would call you to witness (that he yields to the occasion and is really guiltless of any hostilities).

198 30 (SECT. 69.) infidelitates, [acts of] ill-faith. This and the following plural abstracts are, as often, best translated by the singular in English (§ 75, c; G. 204, R.5; H. 130, 2).

199. 2 motu aliquo, i.e. there will perhaps be some disturbance of the general welfare of the state (communium temporum). Cicero's apprehensions were more than fulfilled in the great Civil War between Cæsar and Pompey.

199 4 experti: an allusion to Cicero's own misfortunes and exile.

199 6 (SECT. 70.) quamquam, corrective, implying that the preceding supposition is unfounded, for Pompey is not really an enemy to Milo; if he had been, he would have executed him summarily and not have allowed him a trial. His action, Cicero argues, virtually acquits the defendant.

1997 juris publici, etc., law, customs, politics.

1999 ne quid, etc. : see note, Cat. i., sect. 2 (p. 100, l. 12).

199 11 hunc repeats Pompeium with emphasis after the long parenthesis; ejus qui, of one who (on that supposition), i.e. Milo.-dilectu: Pompey held the consulship in B.C. 55, but after its expiration did not go into his province of Spain, but despatched thither his army under the command of legati, while he himself remained in Italy with proconsular power. Immediately after the death of Clodius, the Senate gave the interrex (see note, p. 176, 1. 18), the tribunes, and the proconsul (Pompey) the extraordinary power NE QUID, etc., and authorized Pompey to hold a levy of troops.

199 12 exspectaturum fuisse, would have, etc. (§ 337, b, 2 G. 659; H. 527, iii). The whole passage is a cont. to fact. apod. in indir. disc.; the protasis (implied in the context) is the false supposition that Pompey thought Milo dangerous to the state and to himself.

199 14 ista, i.e., the imputations referred to in sects. 65, 66. — qui, i.e. Pompey. legem, the law for the present investigation.

199 15 oporteret, ought, as I think; liceret, may well (legally), as all allow.

199 16 (SECT. 71.) in illo loco: see note on exaudiri, sect. 67, p. 198, 1. I.

199 20 animadvertere in, proceed against, i.e. punish. The whole turning of Pompey's unfriendly action so as to make it appear in Milo's favor is a stroke of art. — posset, subj. of integral part; the imperf. (contrary to the sequence of tenses) stands for poterat and implies that the action did not take place (see § 311, c; G. 254, R.2; H. 476, iv).

199 21 hesternam illam contionem: cf. sect. 3 (p. 172, 1. 3). — esse, in same constr. as inferre (1. 18).

Sects. 72-75. [Second part of Confirmatio begins.] The killing of Clodius a service to the state: his crimes enumerated.

The second part of the Confirmatio comprises sects. 72-75. The real case, Cicero says, is now complete, for he has shown that Milo killed Clodius in self-defence. But, even if Milo had not had this justification, his act would deserve reward rather than punishment, for the killing of Clodius was a service to the state. If Milo were guilty, he would boast of

his guilt. It is impossible, however, to claim this merit for Milo, for the death of Clodius was the work of the gods, who, to save the republic, prompted him to attack Milo.—This part of the Confutatio is managed with great skill. In effect, it is an appeal to the judges to recognize the relief which the state feels in the death of Clodius and not to punish Milo for what is really a meritorious deed. In form, however, it is an additional argument in support of the main contention, that Milo acted in selfdefence; for it is incredible, Cicero urges, that, if he had really planned to kill Clodius, he should not now admit it and secure the gratitude of the whole country. By giving the argument this form, Cicero makes two inconsistent theories of the defence tell in favor of his client.

199 27 (SECT. 72.) palam clamare: this was the line of defence taken by Cato and other friends of Milo; in opposition to whom Cicero preferred to disprove the charge (diluere crimen).

199 28 Sp. Maelium: see note on Cat. i., sect. 3 (p. 100, l. 19). 199 30 Ti. Gracchum: see note on Cat. i., sect. 3 (p. 100, 1. 15). 199 31 conlegae: Octavius, who resisted Gracchus in his attempts at reform and whom, therefore, Gracchus caused to be deposed by the people.

2001 sed eum, etc., not a mere demagogue, as the men just mentioned were (in Cicero's opinion), but a vile and sacrilegious criminal. auderet, he would dare, etc., i.e. if he were guilty and were taking that line of defence.

200 5 (SECT. 73.) saepe censuit : see sect. 13.

2006 quaestionibus habitis: this relates to the consilium of relatives, held by Lucullus as paterfamilias, or head of the family, in regard to his wife Clodia.

2007 civem quem . . . judicarant, i.e. Cicero himself.

200 10 regna dedit: the Galatian Brogitarus, son-in-law of King Deiotarus, was complimented with the title of king by a law of Clodius. ademit: another law of Clodius ordered the deposition of King Ptolemy of Cyprus.

200 11 partitus est, referring to his corrupt bargains for the assignment of provinces.

200 12 civem: this is usually referred to Pompey. But, though Pompey was attacked by Clodius (see sect. 18), there was no bloodshed: further, singulari virtute et gloria is a mild expression for Cicero to use of Pompey on this occasion; and, though it is rather exaggerated for the tribune Fabricius (see sect. 38), yet the circumstances precisely correspond. 200 14 aedem Nympharum, containing the censorial registers. seems to have been burnt in the disorders preceding Cicero's exile. 200 17 (SECT. 74.) non calumnia litium, etc.: referring to fraudulent

It

and malicious proceedings under cover of law, which were too mild and dilatory a method of plunder for Clodius. A powerful noble, with his slaves and clients, had almost an army at his disposal, so that the disorders of the time actually amounted to private warfare, like that of the feudal nobles. The following incidents illustrate this further. — sacramentis: a form of procedure in which a penalty or forfeit (sacramentum) was deposited by each party, to abide the result of the suit.

200 20 Etruscos: see note sect. 26 (p. 182, l. 1).

200 24 Janiculo et Alpibus: these boundaries would include all Italy

north of the Tiber.

200 26 splendido: the regular complimentary epithet of an eques. 201. 1 (SECT. 75.) mortuum, a corpse.

201 2 qua invidia, etc., by the odium of which (the presence of the dead body) a flame [of calumny] would be kindled. Odium is often spoken of as a flame (cf. " inflamed with hate "). — huic tali viro, even a man like him.

201 3 Appium: Ap. Claudius Pulcher, elder brother of Clodius, but not always on good terms with him.

2015 vestibulum, courtyard, or open space in front of the house. sororis, probably his second sister, wife of Q. Metellus Celer, who lived next her brother on the Palatine.

Sects. 76-82. No safety for Rome while Clodius lived: his plans against the state cut short by his death. If Milo were guilty, he would boast of his guilt: for tyrannicide is a virtue.

201 8 (SECT. 76.) quidem, emphasizing haec: cf. quae vero, l. 12. tolerabilia, inevitable, and therefore bearable.

2019 videbantur, were beginning to seem. distinction.

aequabiliter, without

201 11 nescio quo modo: § 334, e; G. 467, N.; H. 529, 58. 201 12 vero, opposed to quidem.

201 13 potuissetis, i.e. if they had been realized.

201 14 imperium: all this mischief he had perpetrated in virtue of holding the offices of tribune and ædile. What would he have done if he had got the imperium by obtaining the prætorship, for which he was candidate at the time?

201 15 tetrarchas, a title of certain petty kings, especially in Galatia. 201 20 tenentur, are proved.

201 23 (SECT. 77.) T. Annius: the name in this form is more dignified than the cognomen Milo alone (which Cicero has hitherto used). He adopts it here in accordance with the more formal tone which he gives to his speech at this point.

201 27 per me unum: ut is displaced by the emphasis thrown upon me. jus, aequitas, leges: as prætor Clodius would have had judicial as well as military power.

201 28 esset timendum (ironical), apodosis of si . . . clamaret (1. 22). 202. 2 gaudia, such as that for the victory over Hannibal or for the defeat of the Cimbri and Teutones.

202 3 victorias, such as those of Pompey in the East and Cæsar in Gaul.

202 7 (SECT. 78.) in eis singulis [bonis], in the case of each one.

202 11 judiciis: Pompey, in this year of his sole consulship, carried several laws intended to secure the better administration of justice. 202 14 ea, subject of potuissent.

202 15 quod, interrogative with jus.

202 16 odio inimicitiarum, the bitterness of private resentment.

202 17 libentius quam verius (§ 192; G. 299; H. 444, 2, N.1), with more alacrity than truth.

202 18 debebat, sc. odium as subject.

202 20 aequaliter versaretur=found its equal.

202 22 (SECT. 79.) quin, nay, adds strength to the imperative. Come now, attend while I present the case in this light." - nempe haec, this, as you know.

202 23 fingite, etc.: in this lively passage Cicero makes his hearers understand how much they really approve of Milo's act by asking them how a proposition to call Clodius back to life would be received.

202 24 sic intuentur, view as plainly.

202 25 cernimus, discern (distinguish by eyesight); videmus, see (the general word).

202 26 hujus condicionis meae, these terms that I offer: the supposed terms are expressed in si possim, etc.

202 27 ita si, on condition that.- quid voltu extimuistis? why that look of terror?

N.2

202 28 vivus, if alive.

202 29 percussit, has stricken you with fear.

203. 2 vellet, had wished: for tense, see § 308, a; G. 597, R.1; H. 510,

203 4 si putetis, nolitis, fut. condition, referring to the time of rendering the verdict; si posset, lata esset, cont. to fact as referring to c ̈cumstances already out of their control. Notice the different nature of the two conditions as indicated by their form.

203 6 hujus, referring to the subject of the last sentence, Clodius (as the person last mentioned); the subj. of esset is of course Milo.