Caesar, Julius; Rome -- History -- Republic, 265-30 B.C.
The list submitted for judgment contained the names of none but those
who were indisputably guilty. The Senate voted at once that they were
traitors to the State. The next question was of the nature of their
punishment. In the first place the persons of public officers were
sacred, and Lentulus was at the time a praetor. And next the Sempronian
law forbade distinctly that any Roman citizen should be put to death
without a trial, and without the right of appeal to the assembly.[16]
It did not mean simply that Roman citizens were not to be murdered, or
that at any time it had been supposed that they might. The object was
to restrain the extraordinary power claimed by the Senate of setting
the laws aside on exceptional occasions. Silanus, the consul-elect for
the following year, was, according to usage, asked to give his opinion
first. He voted for immediate death. One after the other the voices
were the same, till the turn came of Tiberius Nero, the
great-grandfather of Nero the Emperor. Tiberius was against haste. He
advised that the prisoners should be kept in confinement till Catiline
was taken or killed, and that the whole affair should then be carefully
investigated. Investigation was perhaps what many senators were most
anxious to avoid. When Tiberius had done, Caesar rose. The speech which
Sallust places in his mouth was not an imaginary sketch of what Sallust
supposed him likely to have said, but the version generally received of
what he actually did say, and the most important passages of it are
certainly authentic. For the first time we see through the surface of
Caesar's outward actions into his real mind. During the three quarters
of a century which had passed since the death of the elder Gracchus one
political murder had followed upon another. Every conspicuous democrat
had been killed by the aristocrats in some convenient disturbance. No
constitution could survive when the law was habitually set aside by
violence; and disdaining the suspicion with which he knew that his
words would be regarded, Caesar warned the Senate against another act
of precipitate anger which would be unlawful in itself, unworthy of
their dignity, and likely in the future to throw a doubt upon the guilt
of the men upon whose fate they were deliberating. He did not
extenuate, he rather emphasized, the criminality of Catiline and his
confederates; but for that reason and because for the present no
reasonable person felt the slightest uncertainty about it, he advised
them to keep within the lines which the law had marked out for them. He
spoke with respect of Silanus. He did not suppose him to be influenced
by feelings of party animosity. Silanus had recommended the execution
of the prisoners, either because he thought their lives incompatible
with the safety of the State, or because no milder punishment seemed
adequate to the enormity of their conduct. But the safety of the State,
he said, with a compliment to Cicero, had been sufficiently provided
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