Mil. 6.1Itaque ego ipse dēcrēvī, cum caedem in viā Appiā factam esse cōnstāret, nōn eum quī sē dēfendisset contrā rem pūblicam fēcisse, sed, cum īnesset in rē vīs et īnsidiae, crīmen iūdiciō reservāvī, rem notāvī.And so I myself, since it was agreed that a killing had been done on the Appian Way, voted not that the man who had defended himself had acted against the state, but, since there was violence and ambush in the affair, I reserved the charge for a trial and censured the deed. Mil. 6.1Quod sī per furiōsum illum tr.But if, through that raving tribune Mil. 6.1pl.of the plebs, Mil. 6.1senātuī quod sentiēbat perficere licuīsset, novam quaestiōnem nūllam habērēmus.the senate had been allowed to carry out what it thought, we would have no new court at all. Mil. 6.1Dēcernēbat enim ut veteribus lēgibus, tantum modo extrā ōrdinem, quaererētur.For it was decreeing that the inquiry should be held under the old laws, only out of the regular order. Mil. 6.1Dīvīsa sententia est postulante nesciō quō—nihil enim necesse est omnium mē flāgitia prōferre —sīc reliqua auctōritās senātūs ēmptā intercessiōne sublāta est.The motion was divided at the demand of someone or other — for there is no need for me to bring out the disgraces of everyone — and so the rest of the senate's resolution was set aside by a purchased veto.
Mil. 6.15At enim Cn. Pompeius rogātiōne suā et dē rē et dē causā iūdicāvit: tulit enim dē caede quae in Appiā viā facta esset, in quā P. Clōdius occīsus esset.But, they say, Gnaeus Pompey by his bill gave judgement both on the fact and on the case: for he brought in a measure concerning the killing which had been done on the Appian Way, in which Publius Clodius had been slain. Mil. 6.15Quid ergō tulit?What, then, did he propose? Mil. 6.15Nempe ut quaererētur.That there should be an inquiry, of course. Mil. 6.15Quid porrō quaerendum est?And what is to be inquired into? Mil. 6.15factumne sit?Whether it was done? Mil. 6.15At cōnstat.But that is agreed. Mil. 6.15Ā quō?By whom? Mil. 6.15At pāret.But that is plain. Mil. 6.15Vīdit igitur etiam in cōnfessiōne factī iūris tamen dēfēnsiōnem suscipī posse.He saw, therefore, that even when the deed was admitted, a defence on grounds of right could still be undertaken. Mil. 6.15Quod nisi vīdisset, posse absolvī eum quī fatērētur, cum vidēret nōs fatērī, neque quaerī umquam iussisset nec vōbīs tam hanc salūtārem in iūdicandō litteram quam illam trīstem dedisset.And if he had not seen that one who confessed could be acquitted, when he saw that we were confessing, he would never have ordered an inquiry, nor given you, in casting your votes, this saving letter as well as that grim one.
Mil. 6.15Mihi vērō Cn. Pompeius nōn modo nihil gravius contrā Milōnem iūdicāsse sed etiam statuisse vidētur quid vōs in iūdicandō spectāre oportēret.Indeed Gnaeus Pompey seems to me not only to have given no harsher judgement against Milo, but even to have laid down what you ought to look to in judging. Mil. 6.15Nam quī nōn poenam cōnfessiōnī, sed dēfēnsiōnem dedit, is causam interitūs quaerendam, nōn interitum putāvit.For he who granted to a confession not punishment but a defence thought that the cause of the death, not the death itself, should be inquired into. Mil. 6.16Iam illud ipse dīcet profectō quod suā sponte fēcit, Pūbliōne Clōdiō tribuendum putārit an temporī.Now he himself will surely say whether he thought that what he did of his own accord should be granted to Publius Clodius or to the times.