Mil. 11.1Haec sīcutī exposuī ita gesta sunt, iūdicēs: īnsidiātor superātus est, vī victa vīs vel potius oppressa virtūte audācia est.These things were done just as I have set them out, judges: the waylayer was overcome, violence was conquered by violence, or rather audacity was crushed by courage. Mil. 11.1Nihil dīcō quid rēs pūblica cōnsecūta sit, nihil quid vōs, nihil quid omnēs bonī: nihil sānē id prōsit Milōnī, quī hōc fātō nātus est ut nē sē quidem servāre potuerit quīn ūnā rem pūblicam vōsque servāret.I say nothing of what the state has gained, nothing of what you have gained, nothing of what all good men have: by all means let that be of no benefit to Milo, who was born under such a destiny that he could not even save himself without saving the state and you along with him. Mil. 11.1Sī id iūre fierī nōn potuit, nihil habeō quod dēfendam.If this could not be done lawfully, I have nothing to defend. Mil. 11.1Sīn hoc et ratiō doctīs et necessitās barbarīs et mōs gentibus et ferīs nātūra ipsa praescrīpsit ut omnem semper vim quācumque ope possent ā corpore, ā capite, ā vītā suā prōpulsārent, nōn potestis hoc facinus improbum iūdicāre quīn simul iūdicētis omnibus quī in latrōnēs inciderint aut illōrum tēlīs aut vestrīs sententiīs esse pereundum.But if reason has prescribed to the learned, necessity to barbarians, custom to nations, and nature herself to wild beasts, that they should always drive off all violence, by whatever means they can, from their body, their head, their life, you cannot judge this deed wicked without judging at the same time that all who have fallen among brigands must perish either by their weapons or by your verdicts.
Mil. 11.31Quod sī ita putāsset, certē optābilius Milōnī fuit dare iugulum P. Clōdiō, nōn semel ab illō neque tum prīmum petītum, quam iugulārī ā vōbīs, quia sē nōn iugulandum illī trādidisset.If he had thought so, surely it would have been preferable for Milo to offer his throat to Publius Clodius, which had been sought by him more than once and not then for the first time, rather than to have his throat cut by you because he had not surrendered it to Clodius to be cut. Mil. 11.31Sīn hoc nēmō vestrum ita sentit, illud iam in iūdicium venit, nōn occīsusne sit, quod fatēmur, sed iūre an iniūriā, quod multīs in causīs saepe quaesītum est.But if none of you thinks so, the question now coming to judgement is not whether he was killed, which we admit, but whether rightly or wrongly, which has often been inquired into in many cases. Mil. 11.31Īnsidiās factās esse cōnstat, et id est quod senātus contrā rem pūblicam factum iūdicāvit;That an ambush was laid is agreed, and that is what the senate judged to have been done against the state; Mil. 11.31ab utrō factae sint incertum est.by which of the two it was laid is uncertain.
Mil. 11.31Dē hōc igitur lātum est ut quaererētur.It was concerning this, then, that a bill was passed for an inquiry. Mil. 11.31Ita et senātus rem, nōn hominem notāvit et Pompeius dē iūre, nōn dē factō quaestiōnem tulit.Thus both the senate censured the deed, not the man, and Pompey proposed an inquiry concerning the right, not the fact.