There was no fixed order of speaking in the Senate, but there was a hierarchy in the sense that it was customary to call first upon the consuls, then the praetors and so on to the lesser magistrates. The order in which individuals from each group would speak was decided by the presiding magistrate, who called upon them by name. Junior members of the House, especially those who had never held a magistracy, were rarely asked to speak. However, every senator present could vote and, uniquely in Roman voting systems, each vote carried equal weight. When the division was called, senators walked to opposite sides of the house to signify whether they were approving or rejecting the motion. It was common during a debate for those supporting a speaker to move over and sit next to him. The backbenchers, who rarely spoke, but could still vote, were sometimes referred to as pedarii, which roughly translates as `walkers'. It had been very noticeable at the meeting on 8 November that when Catiline had taken his seat the senators had quickly moved away, leaving him isolated physically as well as politically..'o
On 5 December Cicero began the debate by calling upon Servilia's husband Silanus to give his opinion. It was usual to seek the opinion of the consuls elect before the former consuls or `consulars', since these men might well have to put into effect measures decided by the House. Silanus declared that the prisoners should suffer `the ultimate punishment', which was interpreted - and clearly intended to mean - execution. Murena was called next and concurred, as did all fourteen ex-consuls present on the day. Crassus was notable by his absence, continuing his somewhat ambiguous behaviour. In contrast Caesar was there and boldly gave his opinion when called upon as praetor elect. Up until now all the speakers had opted for the death penalty, and the murmurs - perhaps louder cries as we do not know how raucous or dignified and sedate meetings of the Senate were - of approval from the rest of the House suggested that this was the near universal view Caesar, given the doubts expressed about him in recent days, might have been expected to give his vigorous assent as proof of his loyalty to the Republic. Yet not long before he had attacked Rabirius for the illegal killing of Roman citizens, and throughout his career had championed popular causes, criticising the arbitrary use of power by Senate or magistrates. It would have been inconsistent now to express a contrary view, but it seems unlikely that Caesar ever considered this. Standing alone had never bothered him since the days when he had defied Sulla. The aristocracy celebrated men who single-handedly had persuaded the Senate to change its mind. One of the most famous was Appius Claudius Caecus in 278 BC, who was supposed to have convinced the Senate not to negotiate with the victorious Pyrrhus, but to keep fighting. When it was a choice between merging with the crowd and playing a conspicuous role, Caesar always chose the latter. In this case it may well also have been a matter of conscience and genuine belief. Winning fame and doing what he believed to be right were not mutually exclusive."
The text of Caesar's speech has not survived, but Sallust gives a version that appears to reflect the key arguments, even if it does so in Sallustian style and probably at rather shorter length. As with any written speech, it is hard now to conjure up the full impact of the orator speaking these words before an audience. Caesar was praised for gestures, the elegance and forcefulness of his stance and bearing, and the tones of his slightly high-pitched voice. In Sallust's version the great performance began with these words:
Chosen fathers of the Senate, all men who decide on difficult issues ought to free themselves from the influence of hatred, friendship, anger and pity. For when these intervene the mind cannot readily judge the truth, and no one has ever served his emotions and his best interests simultaneously. When you set your mind to a task, it prevails; if passion holds sway, it consumes you, and the mind can do nothing.'2
Throughout the speech he was calm and sweetly reasonable, and he gently mocked the previous speakers who had tried to outdo each other with graphic descriptions of the slaughter, rape and pillage that would have followed Catiline's victory. There was never a trace of the man who had grabbed Juba's beard in his rage. The guilt of the accused was unquestioned, and no punishment could possibly be too harsh for them. Yet, returning to his opening theme, the Senate held too responsible a position to permit its members to give in to their emotions. They must decide what was best for the future of the Republic, knowing that they would set a precedent today. Caesar carefully paid tribute to Cicero by declaring that no one could ever suspect that the current consul would abuse his position. What they could not guarantee was that all future office holders would always be so restrained. He reminded them of how Sulla's proscriptions had begun with a few deaths of men who were generally thought guilty. Soon the slaughter had escalated into an appalling bloodbath, with victims being killed for `their town houses or villas'.13
For Caesar the death penalty was unRoman (although, of course, the recent perduellio trial with its archaic procedure had threatened its use). He gently chided Silanus, praising him for his patriotism, but suggesting that he had become carried away by the enormity of the prisoners' crimes. Under normal circumstances Roman citizens - at least well to do citizens - were always permitted to go into exile if found guilty of a serious offence, making the death penalty effectively a theoretical punishment unknown in practice. Caesar wondered why Silanus had not also suggested that the men be flogged before they were killed, answering his own question by saying that of course such a thing was illegal. He praised the wisdom of their ancestors, the past generations of senators who had systematically removed the death penalty and other brutal punishments in regard to citizens. Anyway, death was `release from woes, rather than a punishment ... it brings an end to the ill fortune of life and leaves no place for worry or joy'.14 Caesar's solution was different. It would obviously have been absurd to let the men go so that they could join Catiline. Rome had no real prison intended to keep prisoners for long periods of time, for most laws carried either fines or exile as punishment. Caesar proposed that the prisoners be given into the hands of different Italian towns, who would be bound to hold them in captivity for the rest of their lives. Any town failing in its charge was to suffer a heavy penalty. The men's property was to be confiscated by the State, effectively blocking their children from going into public life and seeking revenge. It was also to be decreed that neither the Senate nor People should ever consider permitting the conspirators to be recalled, in the way that Caesar himself had campaigned for the return of Lepidus' supporters. This, according to him, was a far harsher penalty than death, since it would make the conspirators live with the consequences of their crimes."
During the speech Caesar appealed to the example of past generations. This was conventional, for the Roman aristocracy had a great reverence for their ancestors, children listening from an early age to stories of their great deeds on behalf of the Republic. Yet the proposal he was making was both radical and innovative. Never before had the Romans held citizens in permanent captivity - hence the need to create a new method to do this. Although he stipulated that it should be unlawful for anyone to seek the release and restoration of the condemned, it was questionable that such a provision could be enforced. The Gracchi and other tribunes had repeatedly asserted the right of the Popular Assembly to vote on any issue. Whether anyone was ever likely to espouse the cause of the conspirators was questionable, but this could certainly not be ruled out altogether. The problem facing the Senate was a new one, for never in the history of the ultimate decree had it been a question of using its powers calmly against men already held in custody. Caesar had spoken about the precedent that the Senate would set by its decision and he now proposed a new solution to what was in many ways a new problem. It was intended to avoid the recriminations that had followed the suppression of the Gracchi and of Saturninus. The conspirators were guilty of planning appalling crimes, but even so they should not be stripped of all the rights of citizens. They were no longer in a position to harm the Republic and imprisonment would ensure that they would never be able to do so in the future.16
/> Throughout his speech Caesar was calm and measured, always rational as he appealed to the senators not to let their emotions overrule their duty to the Republic. Such a call to place Rome before their own feelings was hound to appeal to men raised with such a strong sense of the obligations inherent in belonging to one of the great families. The certainty that had marked the start of the meeting began to crack, and then crumble away. Quintus Tullius Cicero, the consul's younger brother, was another of the praetor designates and spoke after Caesar, fully agreeing with his viewpoint. He may well, in the conventions of the Senate, have moved to sit with Caesar as an indication of this. Another of the praetors for 62 BC, Tiberius Claudius Nero - the grandfather of Emperor Tiberius - took a slightly different tack, suggesting that it was too early to decide on the prisoners' fate while Catiline was still at large with an army. Instead, they should be held in custody and a future date fixed for another debate, which would decide their fate." Many others were wavering. At some point Silanus spoke up claiming that he had been misinterpreted and had not advocated the death penalty at all, but the `ultimate punishment' permitted by the law. Such vacillation seems to have been typical of a man who clearly did not want to be seen as responsible for anything controversial.
Cicero, seeing the earlier consensus slipping away, decided to act, and at this point delivered a long speech, the text of which he subsequently published as the Fourth Catilinarian Oration. Given that the original must have been at least partially composed during the debate itself, it was probably a little less polished than the version we have today. However, it would be a mistake to underestimate the rhetorical training and skill of the great orator, and it is likely that even speaking off the cuff, Cicero's use of language, rhythm and structure were of an exceptionally high order. He made sure from the beginning that everyone was reminded that he was consul, the man leading the Republic at this time of crisis and also, ultimately, the one who would carry the responsibility for whatever action they decided to take. Reviving the tone of the earlier debate, before Caesar's restrained and reasonable intervention, he spoke of slaughter, rape and the sacking of temples:
Take thought for yourselves, therefore, gentlemen; look to the preservation of your fatherland, save yourselves, your wives, your children and your fortunes, defend the name of the Roman people and their very existence; stop protecting me and cease your concern for me. Firstly, I am bound to hope that all the gods which watch over this city will recompense me as I deserve; and secondly, if anything happens to me, I shall die calm and resigned.18
He turned to the two proposals, that of Silanus, which he continued to interpret as meaning execution, and that of Caesar. The first punishment accorded with tradition - Cicero mentioning the Gracchi and Saturninus whom he claimed had been killed for far lesser crimes - the second was unprecedented and impractical. How, Cicero asked, were the towns tasked with guarding the prisoners to be chosen? It seemed unfair for the Senate to choose them, but could communities be expected to come forward of their own free will? Yet he did not challenge the severity of Caesar's proposal, emphasising that life imprisonment and confiscation of all property were in many ways more savage punishments than a swift death.
Cicero was also studiously polite to Caesar himself, who had demonstrated by his speech and actions his `devotion to the Republic'. He contrasted him, a genuine `popularis with the good of the people at heart', with other rabblerousing demagogues. At this point there was a sly dig at Crassus, when he noted that `one who posed as a popularis' was absent, `presumably so he did not have to vote on whether or not to kill Roman citizens'. Crassus - still unnamed, but there could be no doubt over his identity - had in the last two days taken charge of one of the prisoners, voted a public thanksgiving to Cicero and approved the rewards granted to informers. Then he tried to use Caesar's very presence to weaken his argument. If he accepted that it was proper for the Senate to pass judgement on the conspirators at all, then he must have acknowledged that they had in fact ceased to be citizens, and so lost all protection of law. If the Senate chose his proposal, Cicero knew that Caesar's personal popularity would make it easier for them to persuade the crowd gathered in the Forum that this was just. Yet he also claimed to be convinced that the wisdom of the people would allow them to accept the necessity of executing the prisoners. This led him back to the enormity of their crimes and `how he trembled at the vision of mothers crying, girls and boys fleeing, and the rape of Vestal Virgins'.19 He reassured them of the precautions he had taken to protect this meeting and defend the city, making it clear that they were free to do what they thought right. As consul, he was willing to take on himself the consequences of their decision and any stigma or hatred that the executions might bring in the future. He would personally pay any price to serve the Republic.
The consul's speech rekindled the emotions of some senators, but the meeting remained divided and uncertain. More opinions were called for, and Cato's view was sought as one of the tribunes elect. Once again we have to rely principally on Sallust's account for its content, but Plutarch tells us that the speech itself was written down and subsequently published by clerks working for Cicero who followed the whole debate. In his version the thirtytwo year old began by stating that his fellow senators seemed to be forgetting that Catiline was still at large and the conspirators still potentially a threat to the Republic. The State's very survival was in doubt, and they would be foolish if `in sparing the lives of a few villains, they brought destruction on all good men'.20 He disdained Caesar's view that death was a merciful end to suffering, recalling instead traditional tales of the punishment meted out to evildoers in the afterlife. He was equally critical of the suggestion of sending the prisoners into captivity in different towns. Why should they be any more secure there than in Rome, and what was to prevent them being freed by Catiline's rebels? On this occasion, as throughout his life, Cato advocated the same stern, unyielding and severe course. Mercy was out of place and dangerous until the threat to the Republic had been averted:
Be assured ... that when you decide the fate of Publius Lentulus and the rest, you will at the same time be passing judgement on Catiline's army and all the conspirators. The more vigorous your action, the less will be their courage; but if they detect the slightest weakness on your part, they will be here immediately, filled with reckless daring...
Citizens of the highest rank have conspired to fire their native city, they stir up to war the Gauls, bitterest enemies of the Roman people. The leader of the enemy with his army is upon us. Do you even now hesitate and doubtfully ask yourselves what is to be done with foemen taken within your walls?"
Just like Caesar, Cato spoke of the example of Rome's history, in an effort to bolster his view with the support - in each case rather spurious - of tradition. It was not unusual for men arguing opposite courses of action to claim that Rome's long-standing customs supported them. At Rome innovations almost invariably arrived wrapped in a cloak of tradition. Sallust portrays the debate as essentially a struggle between Caesar and Cato. Thus it foreshadowed the Civil War, when Cato would be Caesar's bitterest and most implacable opponent. This was a common view, especially as the years went on. Cicero was deeply annoyed when Brutus wrote an account which minimised his own role, while stressing that of Cato. This version had great attraction, becoming one of those incidents where one man had swayed the whole Senate and shown it the path of duty. Cato was clearly conscious of playing this role at the time, just as Caesar had been, and he certainly had a considerable impact on the debate. All of the former consuls and many other senators applauded Cato's proposal as soon as he finished speaking and sat down. Caesar was undaunted and continued to argue his own case. The two men were sitting not far from each other and Cato's replies became increasingly bitter, though he failed to provoke his opponent. Unlike Cicero, he freely cast aspersions on Caesar's conduct in recent months, demonising him and claiming that his unwillingness to support the death penalty showed his sympathy for, and perhaps complicit
y in, the conspiracy. While this was going on, a note was brought in and quietly given to Caesar, presumably by one of his slaves. Cato saw this as an opportunity, declaring that his opponent was obviously in secret communication with the enemy. Caesar, who had quietly read the note, did not respond, but demurred when Cato demanded that he read the message aloud. Cato sensed a guilty conscience and became even more forceful, encouraged by approving shouts from all sides. Finally, Caesar simply handed the note to Cato, who was staggered to see that it was in fact a very passionate love letter from Servilia. With a despairing cry of `Have it back, you drunk!', he hurled the message back to Caesar, whose patrician dignity and calm, self-confident style had not wavered throughout the exchange. It was a slightly odd form of abuse, for Caesar was renowned as abstemious when it came to alcohol, whereas Cato himself was a heavy drinker.22
Caesar: Life of a Colossus Page 19