cicero_note.txt

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          Sentence analysis of Cicero's Pro Milone. 

English text adapted from 
  (1) C.D. Yonge's (1891) translation 
  (2) Berry's translation in Cicero Defence Speeches, Oxford World's 
Classics.
  (3) Roscoe Mongan's translation in Kelly's Keys to Cicero Pro Milone
  (4) Sabidius's translation at
http://www.sabidius.com/index.php/component/k2/item/1242-cicero-pro-milone

Sentence structure is compared carefully against the Latin version in
Fotheringham, Persuasive Language in Cicero's Pro Milone.
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1.1
>> Etsi vereor, iudices,
       ne turpe sit
           pro fortissimo viro dicere incipientem timere,
       minimeque deceat,
               cum T. Annius ipse magis de rei publicae salute quam de sua
               perturbetur,
           me ad eius causam parem animi magnitudinem adferre non posse,
   tamen haec novi iudici nova forma terret oculos,
       qui,
           quocumque inciderunt,
       veterem consuetudinem fori et pristinum morem iudiciorum requirunt.

>> Although I am afraid, O judges, 
       that it is a base thing 
           for one who is beginning to speak for a very brave man to be alarmed, 
       and though it is far from becoming, 
               when Titus Annius Milo himself is more disturbed for the safety 
               of the republic than for his own, 
           that I should not be able to bring to the cause a similar greatness 
           of mind, 
   yet this novel appearance of a new manner of trial alarms my eyes, 
       which, 
           wherever they fall, 
       seek for the former customs of the forum and the ancient practice in 
       trials. 

1.2-2.0
>> Non enim corona consessus vester cincus est,
       ut solebat;
   non usitata frequentia stipati sumus;
   non illa praesidia
       quae pro templis omnibuws cernitis,
       etsi contra vim conlocata sunt,
   non adferunt tamen oratori terroris aliquid,
       ut in foro et in iudicio,
           quamquam praesidiis salutaribus et necessariis saepti sumus,
       tamen ne non timere quidem sine aliquo timore possimus.

>> For not by a circle of bystanders is your assembly surrounded,
       as it used to be;
   not by our usual company are we attended,
   not those guards
       which you behold in front of all temples,
       although they are placed there as a protection against violence,
   not bring some terror to the orator,
       so that in the forum and in the court of justice,
           although we are protected with all the military and necessary
           defences,
       yet we cannot even be relieved of fear without some fear.

2.1
>>     Quae si
           opposita Miloni,
       putarem,
   cederem tempori, iudices,
   nec enim inter tantam vim armorum existimarem 
       esse orationi locum.

>>     But if I thought 
           them adverse to Milo, 
   I should yield to the times, O judges, 
   and among such a crowd of armed men, I should not think 
       there was any room for an orator. 

2.2
>> Sed me recreat et reficit Cn. Pompei, sapientissimi et iustissimi viri,
   consilium,
       qui profecto
           nec iustitiae suae putaret esse,
                   quem reum sententiis iudicum tradidisset,
               eundem telis militum dedere,
           nec sapientiae
               temeritatem concitatae multitudinis auctoritate publica armare.

>> But the wisdom of Cnaeus Pompeius, 
       a most wise and just man, 
   revives and restores me, 
       who certainly would think it to be 
           neither of his justice 
               to deliver that man 
                   whom he had given over as an accused person to the decision 
                   of the judges 
               to the weapons of the soldiery,
           nor of his wisdom 
               to arm the rashness of an excited multitude with public authority. 

3.1
>> So that those arms, those centurions, those cohorts, do not announce danger 
   to us, 
   but protection; 
   nor do they expect 
       us only to be calm, 
       but even to be courageous, 
   nor do they promise only assistance to my defence but also silence.

3.2
>> And the rest of the multitude 
       which consists of citizens 
   is wholly ours; 
   nor is there any one individual among those 
       whom you see from this place gazing upon us from all sides 
           from which any part of the forum can be seen 
       and watching the result of this trial 
   who does not only favour the virtue of Milo, 
   but also does not think 
       that this day in reality his own interests, those of his children, his 
       country, and his fortunes, are at stake.

3.3
>> There is one class adverse and hostile to us, those
       whom the madness of Publius Clodius has fed on rapine, on conflagration, 
       and on every sort of public disaster; 
       who were incited even at yesterday's assembly
           to dicate to you
               what judgment you should give;
       whose clamour,
           if any by chance will have reached you,
       ought to warn you 
           to retain him as a citizen
               who has always slighted that type of men and their greatest 
               clamour in favour of your safety.

4.1
>> Wherefore, be of good courage, O judges, 
   and lay aside, 
       if indeed you feel any,
   your fear. 

4.2
>>     For if ever you have the power of judging good and brave men, 
       if you have ever had the power of judging meritorious citizens,
       if ever an opportunity has been given to chosen men of the most 
       honourable ranks 
           to show that disposition towards brave and good citizens 
               which they had often declared by their looks and by their words, 
           by their actions and votes,
   all that power you now have,
       when you are to determine 
           whether we 
               who have always been wholly devoted to your authority 
           are to be miserable for ever, 
           or whether, 
               having been long harassed by the most abandoned citizens, 
           we shall at length be revived by you, your loyalty, your virtue, and 
           your wisdom.

>> 5.1
For what, O judges, is more full of labour than we both are, 
what can be either expressed or imagined more full of anxiety and uneasiness 
than we are,
    who 
        being induced to devote ourselves to the republic by the hope of the 
        most honourable rewards, 
    yet cannot be free from the fear of the most cruel punishments? 

>> 5.2
    Indeed other storms and hurricanes in these waves of the assemblies
I have always thought
    Milo had to encounter,
        because he always espoused the cause of the good against the bad; 
    but in a court of justice, and in that council 
        in which the most honourable men of all ranks were to sit as judges, 
I never imagined 
    that Milo's enemies could have any hope 
    not only of his safety being destroyed,
    but even of his reputation being diminished at the hands of such men.
    
>> 6.1
And yet in this cause, O judges, we shall not employ the tribuneship of Titus 
Annius, 
and all the exploits performed by him for the safety of the republic, 
as topics for our defence against this accusation.

>> 6.2
    Unless you see with your own eyes 
        that a plot was laid against Milo by Clodius,
we shall not entreat you 
    to pardon this offence of ours
    in consideration of our many eminent services to the republic, 
nor shall we demand, 
        if the death of Publius Clodius was your safety, 
    that on that account you should attribute it rather to the virtue of Milo, 
    than to the good fortune of the Roman people.

>> 6.3
    But if his plots are made clearer than the day, 
then indeed I shall entreat, and shall demand of you, O judges, 
that, 
        even if we have lost everything else, 
    this at least may be left us,
        that it be permitted to defend our lives from the audacity and weapons
        of our enemies with impunity. 
>> 7.1
    But before I come to that part of my speech 
        which especially belongs to this trial, 
it seems necessary to refute those things 
    which have been often mentioned,
        both in the senate by our enemies, and in the assembly of the people 
        by wicked men, and lately, too, by our prosecutors,
    so that 
        when every cause of alarm is removed, 
    the matter 
        which is the subject of this trial,
    you may be able distinctly to see.

>> 7.2
They say that 
    that man ought no longer to see the light 
        who confesses 
            that another man has been slain by him. 

>> 7.3
In what city, then, are these most foolish men using this argument? 
In this one, forsooth, 
    which witnessed the first capital trial of one Marcus Horatius, a most 
    brave man, 
        who 
            even before the city was free 
        was yet acquitted by the assembly of the Roman people, 
            though he avowed 
                that his sister had been slain by his hand.

>> 8.1
Is there any one 
    who does not know, 
            that when inquiry is made into the slaying of a man, 
        it is usual either to deny 
            altogether that the deed has been done, 
        or else to defend it on the ground 
            that it was rightly and lawfully done? 

>> 8.2
Unless, indeed, you think 
    that Publius Africanus was out of his mind, 
        who, 
            when he was asked in a seditious spirit by Caius Carbo, a tribune 
            of the people, 
                what was his opinion of the death of Tiberius Gracchus, 
        answered that he seemed to have been rightly slain. 

>> 8.3
For neither could Servilius Ahala, that eminent man, nor Publius Nasica, nor 
Lucius Opimius, nor Caius Marius, nor 
    when I was a consul
indeed the senate itself, have been accounted anything but wicked, 
    if it was unlawful for wicked citizens to be put to death. 

>> 8.4
And therefore, O judges, it was not without good reason, 
    that even in legendary fables learned men have handed down the story, 
        that he, 
            who for the sake of avenging his father had killed his mother, 
            when the opinions of men varied, 
        was acquitted not only by the voices of the gods, but even by the very 
        wisest goddess. 

>> 9.1
    But if the Twelve Tables have maintained
        that a nocturnal robber, under any circumstances, but a daytime one
            if he were to defend himself with a weapon, 
        may be slain with impunity,
who is there 
    who
         under whatever circumstance he is slain, 
    thinks a man ought to be punished for slaying another, 
        when he sees sometimes 
            that a sword to kill a man with is put into our hands by the very 
            laws themselves? 

>> 9.2
    But if there be any occasion on which it is proper to slay a man,
        and there are many such,
surely that occasion is not only a just one, but even a necessary one, 
    when violence is offered, and can only be repelled by violence: 
    when a military tribune offered violence to a soldier in the army of Caius 
    Marius, 
the kinsman of that commander was slain by the man 
    whom he was insulting; 
for the virtuous youth chose to act though with danger, rather than to suffer 
infamously; 
and his illustrious commander acquitted him of all guilt, and treated him well. 

>> 10.1
But what death can be unjust when inflicted on a secret plotter and robber?

>> 10.2
What is the meaning of our retinues, what of our swords? 
    Surely it would never be permitted to us to have them 
        if we might never use them. 

>> 10.3
This, therefore, is a law, O judges, not written, but born with us,
    which we have not learnt or received by tradition, or read, 
    but which we have taken and sucked in and imbibed from nature herself,
    for which we have not been taught but made,
    which we were not trained in, but is ingrained in us,
        so that 
            if our life be in danger from plots, 
            or from open violence, or from the weapons of robbers or enemies, 
        every means of securing our safety is honourable.

>> 11.1
For laws are silent amongst arms,
and do not expect themselves to be waited for, 
    when he 
        who waits 
    will have to suffer an undeserved penalty 
        before he can exact a merited punishment.

>> 11.2
The law very wisely, and in a manner silently, gives a man a right to defend
himself, 
    which forbids,
         not that a man should be slain,
    but that a person should be with a weapon for the sake of slaying a man,
        so that 
            as the object and not the weapon, is the subject of the inquiry, 
            the man who had used a weapon with the object of defending himself 
        would be decided not to have used his weapon with the object of killing 
        a man. 

>> 11.3
Let, then, this principle be remembered by you in this trial, O judges; 
for I do not doubt 
    that I shall make good my defence before you, 
        if you only remember this,
           which you cannot forget:
           that a waylayer may be lawfully slain.

>> 12.1
The next point is, 
    which is often asserted by the enemies of Milo, 
        that the slaughter 
            in which Publius Clodius was slain
    the senate has decided 
        that it was contrary to the public interest. 

>> 12.2
But, in fact, the senate has approved, not merely by their votes, but even 
by its zeal. 

>> 12.3
For how often has that cause been pleaded by us in the senate,
with what great assent of the whole body, and with what neither silent nor 
concealed assent?

>> 12.4
For when in a very full senate were there ever four or five men found 
    who did not espouse Milo's cause? 

>> 12.5
Those lifeless harangues of this nearly burnt tribune of the people proclaimed
    in which daily he spitefully complained of my domination, 
        when he said
            that the senate decreed
                not what it thought,
                but what I wanted.

>> 12.6
    And if, indeed, that ought to be called domination,
    rather than a moderate influence in a righteous cause, 
    either on account of my great services to the republic, 
    or some popularity among the good on account of my dutiful labours here, 
let it be called so, 
    as long as we employ it for the safety of the good against the madness of 
    the wicked.

>> 13.1
    But this special court ,
        although it is not unjust, 
yet the senate never thought
    that it should be set up.

>> 13.2
For there were laws, 
there were tribunals either for murder or for assault,
nor did the death of Publius Clodius cause the senate such concern and sorrow 
    that a new court need be established.

>> 13.3
            Concerning that incestuous outrage of his
            the senate's power of regulating the mode of trial had been taken 
            away,
        of his death 
who can believe 
    that the senate thought 
        it necessary to appoint a new form of trial?

Why then did the senate decide that this burning of the senate house, this siege
laid to the house of Marcus Lepidus, and this very homicide had taken place
contrary to the interest of the republic? Why, because no violence from one
citizen to another can ever take place in a free state which is not contrary to
the interests of the republic. [14] For the defending of oneself against
violence is never a thing to be wished for; but it is sometimes necessary,
unless, indeed, one could say that that day on which Tiberius Gracchus was
slain, or that day when Caius was, or the day when the arms of Saturninus were
put down, even if they ended as the welfare of the republic demanded, were yet
no wound and injury to the republic. 6.