In Catilinam
Cicero, Marcus Tullius
Cicero. The Orations of Marcus Tullius Cicero, Volume 2. Yonge, Charles Duke, translator. London: Bell, 1856.
I see that as yet there are two opinions. One that of Decius Silanus, who thinks that those who have endeavoured to destroy all these things should be punished with death the other, that of Caius Caesar, who objects to the punishment of death, but adopts the most extreme severity of all other punishment. Each acts in a manner suitable to his own dignity and to the magnitude of the business with the greatest severity. The one thinks that it is not right that those, who have attempted to deprive all or us and the while Roman people of life, to destroy the empire, to extinguish the name of the Roman people, should enjoy life and the breath of heaven common to us all, for one moment; and he remembers that this sort of punishment has often been employed against worthless citizens in this republic. The other feels that death was not appointed by the immortal gods for the sake of punishment, but that it is either a necessity of nature, or a rest from toils and miseries; therefore wise men have never met it unwillingly, brave men have often encountered it even voluntarily. But imprisonment and that too perpetual, was certainly invented for the extraordinary punishment of nefarious wickedness; therefore he proposes that they should be distributed among the municipal towns. This proposition seems to have in it injustice if you command; it difficulty if you request it.
Let it, however, be so decreed if you like. For I will undertake, and, as I hope, I shall find one who will not think it suitable to his dignity to refuse what you decide on for the sake of the universal safety. He imposes besides a severe punishment on the burgesses of the municipal town if any of the prisoners escape; he surrounds them with the most terrible guard, and with everything worthy of the wickedness of abandoned men. And he proposes to establish a decree that no one shall be able to alleviate the punishment of those whom he is condemning by a vote of either the senate or the people. He takes away even hope, which alone can comfort men in their miseries; besides this, he votes that their goods should be confiscated; he leaves life
Now, O conscript fathers, I see what is my interest; if you follow the opinion of Caius Caesar, (since he has adopted this path in the republic which is accounted the popular one,) perhaps since he is the author and promoter of this opinion, the popular violence will be less to be dreaded by me; if you adopt the other opinion, I know not whether I am not likely to have more trouble; but still let the advantage of the republic outweigh the consideration of my danger. For we have from Caius Caesar, as his own dignity and as the illustrious character of his ancestors demanded, a vote as a hostage of his lasting good-will to the republic; it has been clearly seen how great is the difference between the lenity of demagogues, and a disposition really attached to the interests of the people.
I see that of those men who wish to be considered attached to the people one man is absent, that they may not seem forsooth to give a vote about the lives of Roman citizens. He only three days ago gave Roman citizens into custody, and decreed me a supplication, and voted most magnificent rewards to the witnesses only yesterday. It is not now doubtful to any one what he, who voted for the imprisonment of the criminals, congratulation to him who had detected them, and rewards to those who had proved the crime, thinks of the whole matter, and of the cause. But Caius Caesar considers that the Sempronian [*](The Sempronian law was proposed by Caius Gracchus, B.C. 123, and enacted that the people only should decide respecting the life or civil condition of a citizen. It is alluded to also in the oration Pro Rabir. c. 4, where Cicero says, “Caius Gracchus passed a law that no decision should be come to about the life of a Roman citizen without your command,” speaking to the Quirites.) law was passed about Roman citizens, but that he who is an enemy of the republic can by no means be a citizen; and moreover that the very proposer of the Sempronian law suffered punishment by the command of the people. He also denies that Lentulus, a briber and a spendthrift, after he has formed such cruel and bitter plans about the destruction of the Roman people and the ruin of this city, can be called a friend of the people. Therefore this most gentle and merciful man does not hesitate to commit Publius Lentulus to eternal darkness and imprisonment, and establishes a law to all posterity that no one shall be able to boast of alleviating his punishment or hereafter to appear a friend of the people to the destruction of the Roman people. He adds also the confiscation of their goods, so that want also and beggary may be added to all the torments of mind and body.
Wherefore, if you decide on this you give me a companion in my address, dear and acceptable to the Roman people; or if you prefer to adopt the opinion of Silanus, you will easily defend me and yourselves from the reproach of cruelty, and I will prevail that it shall be much lighter. Although, O conscript fathers, what cruelty can there be in chastising the enormity of such excessive wickedness? For I decide from my own feeling. For so may I be allowed; to enjoy the republic in safety in your company, as I am not moved to be somewhat vehement in this cause by any severity of disposition, (for who is more merciful than I am?) but rather by a singular humanity and mercifulness. For I seem to myself to see this city, the light of the world and the citadel of all nations, falling on a sudden by one conflagration. I see in my mind's eye miserable and unburied heaps of cities in my buried country; the sight of Cethegus and his madness raging amid your slaughter is ever present to my sight.
But when I have set before myself Lentulus reigning, as he himself confesses that he had hoped was his destiny, and this Gabinius arrayed in the purple and Catiline arrived with his army, then I shudder at the lamentation of matrons, and the flight of virgins and of boys and the insults of the vestal virgins; and because these things appear to me exceedingly miserable and pitiable, therefore I show myself severe and rigorous to those who have wished to bring about this state of things. I ask, forsooth, if any father of a family, supposing his children had been slain by a slave, his wife murdered, his house burnt, were not to inflict on his slaves the severest possible punishment would he appear clement and merciful or most inhuman and cruel? To me he would seem unnatural and hard-hearted who did not soothe his own pain and anguish by the pain and torture of the criminal. And so we,