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Marcus Tullius Cicero.

Select orations of M. Tullius Cicero from the text of Jo. Casp. Orellius, with notes, critical and explanatory, for the use of schools and colleges

. (page 11 of 51)


tibus concionum 10 semper putavi Miloni esse subeundas, quod
semper pro bonis contra improbos senserat : in judicio vero,
et in eo consilio, in quo ex cunctis ordinibus amplissimi viri
judicarent, nunquam existimavi spem ullam esse habituros
Milonis inimicos, ad ejusnon salutem modo exstinguendam,
sed etiam gloriam per tales viros infringendam. 17 Quamquam 1 *
in hac causa, judiees, T. Annii tribunatu, rebusque omnibus
pro salute reipublicae gestis, ad hujus criminis defensionem
non abutemur, 19 nisi 20 oculis videritis insidias Miloni a Clodio
factas : nee deprecaturi sumus, ut crimen hoc nobis multa
propter praeclara in rempublicam merita 21 condonetis : nee



limitation ; so far and no farther.
' Duntaxat fluctibus concionem, &c.'
then, is contrasted with ' in judicio.
&c.' Cic. expected Milo to be tossed
by the winds amidst the billows of
popular assemblies, because he had
merited the resentment of the mob ;
but he thought that his troubles
should end there ; nor that his ene-
mies would have any hopes, &c.

16. Fluctibus concionum] So pro
Muren. 17. Quod enim fretum, quam
Kuripum tot motus, tantas, tarn va-
rias habere putatis agitationes fluctu-
um ; quantas pertuibationes et quan-
tos aestus babet ratio comitiorum.

17. Exstinguendam -infringen-
dam] 'O^oiotiKhtov. Quint ix. 3.

18. Quamquam] When this word
is used absolutely it refers to a sup-
pressed proposition which may, in
every case, be supplied from the
preceding sentence. Thus here :
' Although Milo has every thing to
expect in a trial before his fellow-
citizens, because he always opposed the
had in favour of the good ; yet shall
we not, &c.' It is used with peculiar
propriety when the writer wishes to
correct an unguarded admission.
Inf. 30. Cat. i. 9, and Hi. 12. Its
proper translation then is, ' and yet.'
Habit, however, has nearly caused
the classical student to overlook the
absurdity of rendering it in such cases,
' although.' Here Cic. had alluded
to the public services of Milo, andex



pressed his surprise at his enemies
hoping to foil him before judges,
whose authority he had always sup-
ported ; lest, however, he might seem
to rest his cause on this, or admit
the inference, that because Milo had
saved the city, Milo might therefore
slay the citizens with impunity : he
corrects himself, and adds that he
will not so apply Milo's patriotic
actions ; at least before he shall have
established the fact of Clodius being
the aggressor.

19. Abutemur] * Abutor' is often
taken ' in bonam partem' to mean
the applying a thing to one's own
purpose contrary to the natural use
or original intention.' Fam. ix. 6.
So here: the public services of Milo
were performed with the view of
gaining the esteem of his countrymen,
not of shielding himself against a cri-
minal charge. Cic, however, (' abu-
tetur') will avail himself of these ser-
vices in the latter sense provided, &c.

20. Nisi] * Unless first, i. e. un-
til. As soon as you shall have been
fully convinced that Clodius was the
aggressor, I will enter on a statement
of Milo's public services, but not till
then.' Cic. thus intimates his full con-
fidence in the goodness of his cause,
and the certainty of his triumph.
Still it may be asked, why enter on
that statement at all 1 Does not Cic.
say, inf. c. 11, that the sole question
is ' uter utri insidias fecerit V Whv,



PRO T. ANNIO MILONE, Cap. 3.



83



poshiiaturi." ut, si mors P. Clodii salus vestra fuerit, idcirco
earn virtuti Milonis potius, quam populi Romani felicitati 23
assignetis. Sed si illius insidia? clariores hac luce fuerint,
turn denique obsecrabo obtestaborque vos, judices, si cetera
amisimus, hoc saltern nobis ut relinquatur, ab inimicorum
audacia telisque vitam ut impune liceat defendere.

III. Sed, antequam ad earn orationem venio, qua? est
propria' vestra? quaestionis, 2 videntur ea esse refutanda, 3 qua?
ei in senatu ab inimicis sa?pe jactata sunt, et in concione ab



then, dwell on the public conduct of
either party? Cic. was fully aware
that the discussion was irrelevant ;
but, like an able advocate, looking
not to what was strictly called for,
but what might best serve his client,
he here left room for availing himself
of the effect which an eloquent state-
ment of the public merits of Milo,
and crimes of Clodius, might pro-
duce on the judges. His proposition
then, is : Clodius was justly slain,
whether as being an intended assas-
sin, or as being the scourge and ruin
of his country. The former point,
which occupies from c. 12. to c. 27,
he calls ' de causa ;' the latter, from
c. 27. to 34, he calls ' extra causam.'
It is worthy of remark, that the ' ex-
tra causam' head was, as we learn
from A scon., the principle adopted
Iiv M. Brutus, in a defence ot .Milo,
published by him, but which Cic.
thought it hazardous to rest his de-
fence on solely, namely ' interfici
Clodium pro republica fuisse. Orel.
following Garaton., Peyron., Ileum.,
&c, begins a new sentence with ni-
si ;' but, as nothing is gained by this
in clearing the difficulty, the usual
punctuation has been retained. * Nee
deprecaturi, &cc nee postulaturi,
&<?>' agreeably to Cicero's manner,
are an amplification of, and nearly
synonymous with Non abutemur
rebus pro salute reip. gestis.'

21. Merita] Vid.inf. 12. 28, where
the services of Milo are alluded to in
terms of the highest eulogy.



22. Nee postulaturi"] The killing
of Clodius being a public benefit,
Milo might have urged this as his
motive ; Cic, while he admits the
beneficial result, will not adduce that
argument as long as it may be doubt-
ed whether the merit of it belongs to
the fortune of the Roman people, or
the courage of Milo. Phil. ii. 50.
Sustulit ilium diem fortuna, &c.
This very doubt, it will be observed,
is most complimentary to Milo.

23. Pop. Rom. felicitati] This is
fully dilated on inf. 30. 33. Sed hu-
jus beneficii gratiam, &c.

24. Sed si illius, fyc.] i.e. Sed si
oculis videritis insidias illius [ab illo
factas] turn, &c. Cic. thus varies in
the minor the hypothetic statement
' nisi oculis, &c.' supr. ; as also the
inference, which ought to be : ' then
will 1 have recourse to Milo's ser-
vices, &c. ;' whereas it is: 'then will
I implore you to leave untouched the
principle of self-defence.' These two
inferences comprise the entire de-
fence, both ' de causa' and ' extra
causam.' Supr. n. 20.

Sect. III. 1. Qucc est propria]
Sc. ' Uter utri insidias faceret?' in
opposition to the ' extra causam' ar-
gument. Vid. prec. n.

2. Qiucstionis] ' A public trial,' so
called a quaerendo,' because the
guilt or innocence of the accused was
therein inquired into.

3. Ea refutanda] These pra indi-
cia, whose refutation is properly pre-
fixed to the general defence, were



84



M. T. CICERONIS ORATIO



improbis, et paiilloante 4 ab accusatoribus : ut,omnierroresub-
lato, rem plane, quae venit in judicium, videre possitis. Ne-
gant 5 intueri lucem esse fas ei, qui a se hominem occisum
esse fateatur. In qua tandem urbe hoc homines stultissimi
disputant? Nempe in ea, qua? primum judicium 6 de ca-
pite vidit M. Horatii, fortissimi viri ; qui, nondum libera
civitate, tamen populi Romani comitiis 9 liberatus est, quum
sua manu sororem esse interfectam fateretur. An est quis-
quam, qui hoc ignoret, quum de homine occiso queeratur, aut
negari solere omnino esse factum, aut recte ac jure factum
esse defendi ? Nisi vero 10 existimatis, dementem 13 P. Africa-



three : 1 . Negant intueri fatea-
tur ;' that an avowed homicide was
unworthy of life. 2. ' Sequitur esse
factam, c. 5 ;' that the senate had
already decided the cause against
Milo. 3. ' At enim Cn. Pomp.
fuit. c. 6 ;' that Pompey, by his
law, declared his belief of Milo's
guilt. On the propriety of the orator
refuting these prerjudicia before he
proceeds to the narration, vid. Quint,
iv. 2, who remarks, that by prepar-
ing the judges for the reception of the
case, they virtually constitute an ex-
ordium.

4. Paullo ante, c\'c] Turn intra
horam secundam accusatores cospe-
runt dicere Appius Major, et M. An-
toniuset P. Valerius Nepos. Ascon.
So ! paullo ante' is, the preceding two
hours. Introd. 5.

5. Negant, $fc] Vid. penult, n.

6. Primum judicium] ' Primum'
does not mean that there had not
been previous trials, and even capital
trials ; but these ' the city did not
see as a city. They were decided by
the kings or their deputies. But
this was the first trial for homicide
where the people were called on to
decide, and they acquitted. Diony.
lib. iii.

7. M. Horatii] The story of Ho-
ratius, who slew his own sister for
mourning over the fate of her lover,
one of the Curatii, whom he had just



slain, is given by Livy, i. 26.

8. Nondum libera'} And, there-
fore, more unlikely to be influenced
by popular feeling in their deci-
sion.

9. Comitiis] Sc. curlatiis. It
was held in the Comitium ; for the
comitia for the election of magistrates
did not yet exist ; and when it did,
was held in the Campus Martius.

10. Nistrero] Used in the begin-
ning of a sentence for transition. It
frequently introduced an indirect
proof. Thus, from the true premiss,
that Africanus held the justice of
Gracchus's fate ; and the opposite of
the question, no wise man holds ho-
micide justifiable, he deduces the
manifestly false conclusion, demen-
tem P. Africanum fuisse.' There-
fore wise men do hold homicide jus-
tifiable.

13. P. Africanum] Sc. Minorem.
He was called ' iEmilianus,' from
P. ./Emilius Macedonicus, by whom
he was adopted ; and ' Numantinus,'
from destroying Numantia, in Spain
The occurrence alluded to by Cicero
took place after his return from Spain
when Carbo was proposing a law
that there should be no restriction op
the re-election of tribunes. This
Scipio opposed in a speech, wherein
he asserted that Tiberius Gracchus,
who was his own brother-in-law,
deserved his fate. Liv. Epit. lix.



PRO T. ANNIO MILONE, Cap. 3.



85



num fuisse, qui, qimm a Carbone, 14 tribuno plebis, in con-
done seditiose 15 interrogaretur, quid de Ti. Gracchi 16 morte
sentiret, respondit, jure caesum videri. Neque enim posset
ant Ahala ille Servflius, 17 aut P. Nasica, 18 aut L. Opimius, 19
aut C. Marius, 20 aut, me consule, 21 senatus non nefarius ha-
beri, si sceleratos cives interfici nefas esset. Itaque hoc, ju-
dices, non sine causa etiam fictis fabulis doctissimi homines 22
memoriae prodiderunt, eum 23 qui patris ulciscendi causa ma-



14. C. Carbone] Cic. adds, ' tri-
buno plebis,' for he was afterwards
consul, a. u. 632 ; and defended by
his eloquence the very Opimius who
had slain his friend, C. Gracchus.
De Orat. ii. 35. ' C. Carbo, consul
nihil de C. Gracchi nece negabat,
sed id jure pro salute patriae factum
esse dicebat.' He soon after poisoned
himself, either through remorse, or
to avoid the consequences of an ac-
cusation brought against him by the
celebrated orator L. Crassus. De
Orat. ii. 40.

15. Seditiost] Val. Max. vi. 2,
informs us, that Carbo, when he was
exciting the people to revenge the
death of C. Gracchus, hoped to be
assisted in attaining this object by
the weight and authority of Africa-
nus, the husband of Sempronia, the
sister of the Gracchi, who he ima-
gined could not avoid speaking in
favour of his brother-in-law. He
therefore dragged Scipio to the forum,
before he had well entered the city,
and put to him the interrogation in
the text. This account is to be pre-
ferred to Livy's (vid. n. 13) as it
explains the force of the word ' se-
dition ;' sc. with a factious view.'

16. Ti. Gracchi] Livy, Epit. lviii.,
says, 'that when Ti. Gracchus, who
had excited several seditions during
his first tribuneship, wished to obtain
a second ; at the instigation of P.
Nasica, he was slain by the nobles,
and his body flung into the Tiber.'

17. Ahala Servilius] Connect
with him Sp. Maelius, a* Roman

VOL. I.



knight, whose largesses of grain to
the people, during a famine, raised
suspicions of his entertaining tyranni-
cal views ; and whom he slew, by
the direction of Cincinnatus, the dic-
tator. Liv. iv. 14.

18. P. Nasica] When M. Sca:-
vola, the consul, was unwilling to
second the views of the senate
against Tib. Gracchus, Nasica, then
Pontifex Max. called out, ' Qui
remp. salvam esse volunt me se-
quantur;' eiique voce, says Valerius
Max., cunctatione bonorum discussa,
Gracchum cum scelerata factione,
quas merebatur pcenas persolvere coe-
git. Lib. iii. 17.

19. L. Opimius] Consul, a. v.
632, slew C. Gracchus. Liv. Epit.
lxi.

20. C. Marius] With him may be
connected Saturninus, another of Ci-
cero's standard precedents for com-
mitting murder : Saturninus, however,
deserved his fate, being himself an
assassin. He was a creature of Ma-
rius, by whom he was encouraged to
violate the laws, and then surrender-
ed to the fury of his enemies. Vid.
Rabir. perduel. reo, where the par-
ticulars of his fate are given.

21. Me consule] Lentulus, Cethe-
gus, &c. suffered in Cic.'s consulship.

22. Doctissimi homines] Sc. the
poets ; who, in the opinion of Plato,
were the parents of wisdom. r Ovroi
yap r)[uv {ooirtp TrartptQ tijq crocbictQ
Uai Kai rjyefxdvsg. Ahram.

23. Etna] Orestes. His story
was a copious theme for the Greek



86



M. T. CICERONIS ORATIO



trem necavisset, variatis hominum sententiis, 24 non solum di-
vina, 25 sed etiam sapientissimae Deae sententia liberatum.
Quod si duodecim 26 tabula? nocturnum furem, quoquo mo-
do, 27 diurnum autem, si se telo defenderit, interfici impune
voluerunt : quis est, qui, quoquo modo quis interfectus sit,
puniendum 28 putet, quum videat aliquando 29 gladium nobis
ad occidendum hominem ab ipsis porrigi 50 legibus 1

IV. Atqui si tempus est ullum jure hominis necandi, quae
multa sunt ; certe illud est non modo justum, verum etiam
necessarium, quum vi vis illata defenditur. Pudicitiam quum
eriperet militi 1 tribunus 2 militarisin exercituC. Marii,propin-
quus ejus imperatoris, interfectus ab eo est, cui vim afferebat.



dramatists. Vid. Eurip. Orest. ; Soph.
Elect., and yEschy. Eumen.

24. Variutis hominum sententiis]
i.e. ' The votes of the Areopagites
being difTerent ;' some for, others
against. yEschylus, in the Euraeni-
des, informs us, that the votes (which
his scholiast makes thirty-one) were
rendered equal by the vote of the
goddess, the previous numbers being
sixteen for condemning, and fifteen
for acquitting. The ' Eumenides'
accounts also for Orestes, an Argive,
being tried before an Athenian tri-
bunal ; for, by the advice of Apollo,
he was referred from Delphi, where
the furies had beset him for the mur-
der of his mother, to the temple of
Minerva at Athens ; i. e. to the
court of Areopagus. Demosthenes,
it may be observed, followed a differ-
ent account ; for he makes the gods
the judges ; of whom six condemned
and five acquitted ; the accused was
saved by the vote of Minerva. Cic.
followed iEschylus, as suiting better
the drift of his argument. Vid. Pot-
ter. G. A. i. 19.

25. Non solum divina] Sc. that
of any other deity.

26. Duodecim] Livy iii. 31. 35,
relates that, a. u. 299, Manlius,
Sulpiciu6, and Posthumius, were sent
to Greece with a commission to col-



lect laws. On their return, the ' de-
cemviri,' out of the laws which had
been collected, at first framed ten
tables, which received the sanction
of the people ; and subsequently, two
more were added ; forming, as he
observes, in his time, after all the ac-
cumulation of laws upon laws, fons
omnis publici privatique juris.'
Macrob. Saturn, i., gives the phrase
alluded to : 'Si nox furtum factum
sit, si im aliquis occisit, jure casus
esto. Vid. Hor. Ep. ii. 1. 23. Quint,
v. 14.

27. Quoquo modo] i.e. Whether
he defended himself or not ;' in op-
position to ' si se telo defenderit.'
There was no exception in the case
of the nightly marauder. ' Quoquo
modo' inf. is ' whether in the right
or not.'

28. Puniendum] Used imperson-
ally ; ' it must be visited with punish-
ment.'

29. Aliquando] Ilork ; sometimes,
occasionally.

30. Porrigi] ' Porrigo,' sc. Tlopfm
opiyit) ; I stretch forward.

Sect. 1 V. - 1. Mil.] Called Trebonius
by Plut., Caelius Plotius by Yal. Max.
2. Tribunus] C. Lusius, a
nephew of Marius. The conduct
of Marius on this occasion gained
him his .third consulate. Plut. in"



PRO T. ANNIO MILONE, Cap. 4.



87



Facere enim probus 3 adolescens periculose, 4 quam perpeti tur-
piter maluit. Atque hunc ille summus vir, scelere solutum, per-
iculo liberavit. Insidiatori vero et latroni 5 qua? potest inferri
injusta nex? Quid comitatus nostri, quidgladii volunt? 6 quos
habere certe non liceret, si uti illis nullo pacto liceret. Est
enim heec, judices, non scripta, sednata lex ; 7 quam non didi-
cimus, accepimus, legimus, verum ex natura ipsa arripuimus,
hausimus, expressimus; ad quam non docti, sed facti ; non
instituti, sed imbuti sumus : ut, si vita nostra in aliquas in-
sidias, si in vim, si in tela aut latronum, aut inimicorum in-
cidisset, omnis honesta ratio esset expedienda? salutis. Silent
enim leges inter arma, 8 nee se exspectari jubent, quum ei,
qui exspectare velit, ante injusta poena luenda sit, quam justa
repetenda. Etsi 9 persapienter, et quodammodo tacite, dat
ipsa lex potestatem defendendi ; quae non [modo] hominem
occidi, sed esse cum telo hominis occidendi causa vetat : ut,
quum causa, 10 non telum quaereretur, qui sui defendendi
causa telo esset usus, non hominis occidendi causa habuisse



Mar. 14. Val. Max. vi. 1.

3. Probus] Chaste, virtuous.
Sail. Cat. 26. Saltare elegantius
quam necesse est probec.

4. I'enculose] For Lusius had
slain his superior officer, and the
nephew of Marius.

5. Latroni] * Latro' being here
joined with * insidiatori,' (seems to
determine its origin, sc. lateo ; not as
Varr. latus, (a side) nor as Fest. \a-
rpeia. Vid. inf. 21, and xii.7. From
signifying marauders, it came to stand
for mercenary soldiers, a hired body-
guard.

6. Comitatas gludii volunt] For
arms were permitted to be carried
during a journey. Marc. Dig. Abram.

7. Non scripta lex] Soph. Antig.
459. dypairra Kaatyciki) Otwv N6-
fiifia> Dem. de Cor. 83. q <pvaig
avT>) rote ayodtpoiQ vop.ip.oig ctwpi-
Ktv. Vid., also, Or. 49. and Quint.
ix. 3, where this passage is quoted,
to illustrate some of the niceties of
composition.

8. Silent leges inter arma] Vid.
Manil. c. 20. n. 4, where this sen-



timent is attributed to Marius ; also,
Phil. i. 10. * Armis gesta nunquam
profecto in judicium vocabuntur.'

9. Etsi] A correction ; as if he
said, ' Though why say the laws are
silent amidst arms, when in their si-
lence they sanction the principle of
self-defence ; by not barely forbid-
ding homicide (' non modo, &c,')
which they do as a matter of course,
but also to carry arms with a hostile
intention : the obvious inference from
which was, that they might be carried
if that intention did not exist. This
Cic. calls ' dat tacite potestatem de-
fendendi.' Orel., however, erases
modo. A sight of the law in ques-
tion (lex Cornelia de sicariis) could
alone determine which is right.

10. Ut quum causa, fyc] i. e. That
the law by questioning the motive,
not the fact of carrying arms, decided
that whoever had employed his arms
in self-defence was justified in so
doing. This Cic. expresses negative-
ly, by saying, that ' he was consider-
ed in the eye of the law not to have
carried arms with a hostile intention.



88



M. T. CICERONIS ORATIO



telum judicaretur. Quapropter hoc maneat 11 in causa, judi-
ces ; non enim dubito, quin probaturus sim 12 vobis defen-
sionem meam, si id memineritis, quod oblivisci non potestis,
insidiatorem jure interfici posse.

V. Sequitur illud, 1 quod a Milonis inimicis saepissime di-
citur, csedem, in qua P. Clodius occisus est, senatum judi-
casse, contra rempublicam esse factam. Illam vero senatus,
non sententiis suis solum, sed etiam studiis comprobavit.
Quoties enim 2 est ilia causa a nobis acta in senatu ! Quibus
assensionibus universi ordinis, quam nee tacitis, nee occultis !
quando enim frequentissimo senatu quattuor, aut [ad] summum
quinque sunt inventi, qui Milonis causam non probarent?
Declarant 3 hujus ambusti 4 tribuni plebis illae intermortuae 5



11. Hoc maneat'] Cic. conceives
that he has now fully established
the legality of homicide in self-de-
fence, and thus refuted the first prae-
judiciura.'

12. Probaturus sim] Make good
to you, &c.

Sect. V. 1. Sequitur illud] The
second ' praejudicium.' Supr. c. 3.
n. 3. The decree was expressed in
general terms, but admitted of a par-
ticular application. It required only
to supply ' a Milone' after Cae-
dem esse factam,' as not long be-
fore ' a Saturnino' was added to a
similar decree, and Milo might ex-
pect the fate of Saturninus ; and this
the opponents of Milo did. Cic,
therefore, contends for the general
interpretation, and shows that in the
various debates which had taken
place in the senate since the death of
Clodius, Milo's cause was invariably
triumphant (Quoties probarent) ;
that the charge against the senate of
submitting to his (Cicero's) dictation
and not their own judgment, (De-
clarant, &c.,) proved the strength of
Milo's cause in the senate, and there-
fore that that body could never have
intended to condemn Milo by the
decree (Hanc vero, &c.) Besides,
that the decree was expressed in the
form usual in the case of public dis-



turbances, e. g. the burning of the
senate-house, &c, and was voted by
him, as no doubt it was by others
too, as a condemnation of the fact,
without deciding with whom the guilt
lay. (Cur igitur, &c.) This clears
the second ' praejudicium.'

2. Quoties enim, fyc] Inf. 35, he
says, ' Centesima lux est haec ab in-
terim Clodii, et altera ;' a period
which admitted of various discus-
sions of the question in the senate.
Era., removing the interrogation, ex-
plains it, ' as often as, &c.'

3. Declarant] Sc. how fully the
senate approved of Milo's conduct.

4. Ambusti] Persons scorched with
lightning were called* ambusti,' as Fa-
bius Ambustus. Cic. applies the term
to Munat. Plancus, from his being
scorched in the conflagration of the
senate-house, which took place on
the burning of Clodius's body. As-
con. Era. conjectures an allusion to
some trial in which Plancus had with
difficulty escaped ; others to Fabius
Ambustus, to whose character his
presented a striking contrast.

5. Intermortua] Interruptae incen-
dio curiae. Manut. But as only one
harangue of Plancus was so inter-
rupted, whereas, these were pro-
nounced 'quotidie,' it appears bet-
ter to interpret the word literally.



PRO T. ANNIO MILONE, Cap. 5.



89



condones, quibus quotidie meam potentiam invidiose 6 crimi-
nabatur, quum diceret, senatum, non quod sentiret, sed quod
ego vellem, decernere. Quae quidem si potentia est appel-
landa potius quam, aut propter magna in rempublicam me-
rita, mediocris in bonis causis auctoritas, aut, propter hos of-
iiciosos labores 7 meos, nonnulla apud bonos gratia ; appelletur
ita sane, dummodo ea nos utamur pro salute bonorum contra
amentiam perditorum. Hanc vero qua?stionem, etsi non est
iniqua, nunquam tamen senatus constituendam putavit.
Erant enim leges, 8 erant quaestiones, 9 vel de caede, vel de vi :
nee tantum mcerorem ac luctum 10 senatui mors P. Clodii af-
lerebat, ut nova quaestio constitueretur. Cujus enim 11 de illo
incesto stupro judicium decernendi 12 senatui potestas esset
erepta, de ejus interitu, quis potest credere, senatum judici-



* just dying,' (inter mortem,) ' al-
most past and gone.' They were loud,
and loudly praised while Clodius's
death was recent, but were now fast
sinking into oblivion. So Muren.
7. ' Memoriam prope intermortuam
generis sui, virtute renovari ;' nearly
extinct. Others, however, render it
* languid, feeble ;' Guthr. ' dark' !

6. Invidiose] For it was holding
up Cic. to public odium, to represent
him as the tyrant of the senate.

7. Ojjiciosos Labores] ' Official la-
bours ;' namely, as a patron and an
advocate. So Tusc. iii. 8, ' dolor
officiosus,' i. e. quern ratio officii
postulat. Em. Hot. Ep. i. 7. 46,
causisque Philippus agendis Clarus,
ab officiis, c.

8. Leges] E. g. The Cornelian
1 de sicariis,' the Lutatian, ' de vi.'
Ccel. 1.

9. Qucestiones] Sc. ' perpetuae,'
which had each, by Sylla's appoint-
ment, their proper judge ; whereas,
Milo's was a special commission, the
very appointment of which operates
against him, by giving an undue im-

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