42.
[90]
How, then, can you accuse Sestius with reference to this fact of his having
provided himself with a guard, when at the same time you praise Milo? Is it legal for that man to provide
himself with a guard who is defending his own house, who is repelling fire
and sword from his altars and his fire-side, who seeks to be allowed to
present himself with safety in the forum, in the temples of the gods, and in
the senate-house; but do you think that man who is warned by the wounds
which he sees every day over his whole person, to defend his head, and his
neck, and his throat, and his sides, by some protection or other, deserving
to be prosecuted for violence?
[91]
For who of
you, O judges, is ignorant that the nature of things has been such, that at
one time men, before there was any natural or civil law fully laid down,
wandered in a straggling and disorderly manner over the country, and had
just that property which they could either seize or keep by their own
personal strength and vigour, by means of wounds and bloodshed? Those men,
therefore, who showed themselves to be the most eminent for virtue and
wisdom, they, having considered the character of men's aptitude for
instruction and of their natural disposition, collected into one place those
who were previously scattered abroad, and brought them
over from their former savage way of life to justice and mildness of
manners. Then came those constitutions devised for the utility of man, which
we call commonwealths. Then came collections of men which were subsequently
called states; then men surrounded with walls sets of houses joined
together, which we now call cities, and divine and human laws began to be
recognised.
[92]
And there is no point in which there is so
much difference between this manner of life, polished by civilization and
that savage one, as in the fact of law being the ruling principle of the
one, and violence of the other. If we do not choose to be guided by one we
must adopt the other. Do we wish violence to be put an end to? Law must
inevitably prevail; that is to say, courts of justice must, for in them all
law and justice are comprehended. Do we disapprove of courts of justice, or
are they destroyed or suspended? In a moment violence must be supreme.
Everybody sees this. Milo saw it
and acted in such a manner as to try the power of law and to banish
violence. He wished to avail himself of the one, in order that courage and
virtue might defeat audacity; he had recourse to the other from compulsion,
in order to prevent virtue and courage from being defeated by audacity. And
the principle of conduct of Publius Sestius was the same if not in
prosecuting Clodius, (for, it does not follow that exactly the same details
of conduct are to be pursued by every one,) still at all events in the
necessity of defending his safety, and in preparing a defence against force
and personal violence.
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