[79]
Moreover, attend to me with this idea, O judges. This investigation relates
to the death of Publius Clodius. Imagine in your minds,—for our
thoughts are free, and contemplate whatever they choose in such a manner
that we do discern those things which we think we see;—place,
therefore, before your mind's eye the image of this my condition; if I am
able to induce you to acquit Milo, but still only on condition of Publius
Clodius being restored to life. What fear is that that you show by your
countenances? How would he affect you if alive, when even now that he is
dead he has so agitated you by the bare thought of him? What? if Cnaeus
Pompeius himself, who is a man of such virtue and such good fortune that he
has at all times been able to do things which no one except him ever could
have done,—if even he, I say, had been able, in the same manner as
he has ordered an investigation into the death of Publius Clodius to take
place, so also to raise him from the dead, which do you think he would have
preferred to do? Even if out of friendship he had been willing to raise him
from the shades below, out of regard for the republic he would not have done
it. You, then, are sitting now as avengers of the death of that man, whom
you would not restore to life if you thought it possible that his life could
be restored by you. And this investigation is appointed to be
made into the death of a man who would never have seen such a law passed, if
the law which ordered the inquiry had been able to restore him to life.
Ought, then, the slayer of this man, if any such slayer there be, to have
any reason, while confessing the deed, to fear punishment at the hand of
those men whom he delivered by the deed?
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