The Roman Traitor, Vol. 2

by Henry William Herbert

  CHAPTER XIII.

  THE DOOM.

  Without debatement further, more or less, He should the bearers put to sudden death, Not striving time allowed. HAMLET.

  The nones(11) of November were perilous indeed to Rome.

  The conspirators, arrested two days previously, and fully convicted on theevidence of the Gaulish ambassadors, of Titus Volturcius of Crotona, andof Lucius Tarquinius,—convicted on the evidence of their own letters—andlastly convicted by their own admissions, were yet uncondemned and in freecustody, as it was termed; under the charge of certain senators andmagistrates, whose zeal for the republic was undoubted.

  There was still in the city a considerable mass of men, turbulent,disaffected, ripe for tumult—there was still in the Senate a large party,not indeed favorable to the plot, but far from being unfavorable to theplotters,—Catiline was at the head of a power which had increased alreadyto nearly the force of two legions, and was in full march upon Rome.

  Should the least check of the armies sent against him occur under suchcircumstances, there was but little doubt that an eruption of theGladiators, and a servile insurrection, would liberate the traitors, andperhaps even crown their frantic rashness with success.

  Such was the state of things, on the morning of the nones; and the brow ofthe great Consul was dark, and his heart heavy, as he entered the Senate,convened on this occasion in the temple of Jupiter Stator, in order totake the voice of that body on the fate of Lentulus and the rest.

  But scarcely had he taken his seat, before a messenger was introduced,breathless and pale, the herald of present insurrection.

  The freedmen and clients of Lentulus were in arms; the gladiators and theslaves of Cethegus were up already, and hurrying through the streetstoward the house of Quintus Cornificius, wherein their master wasconfined.

  Many slaves of other houses, and no small number of disaffected citizenshad joined them; and the watches were well nigh overpowered.

  Ere long the roar of the mob might be heard even within those hallowedprecincts, booming up from the narrow streets about the Forum, like thedistant sound of a heavy surf.

  Another, and another messenger followed the first in quick succession—onemanipule of soldiers had been overpowered, and driven into some houseswhere they defended themselves, though hard set, with their missiles—themultitude was thundering at the gates of the City Prisons; and, if notquelled immediately, would shortly swell their numbers by the accession ofall the desperate criminals, convicted slaves, and reckless debtors, whowere crowded together in those abodes of guilt and wretchedness.

  Then was it seen, when the howls of the rabble were echoing through thearches of the sanctuary wherein they sate; when massacre and conflagrationwere imminent, and close at hand; then was it seen, how much of realmajesty and power resided still in the Roman Senate.

  Firm, as when Hannibal was thundering at their gates, solemn as when theGaul was ravaging their city, they sat, and debated, grave, fearless, andunmoved.

  Orders were issued to concentrate forces upon the spot where the tumultwas raging; the knights, who were collected under arms, in the whole forceof their order, without the gates of the Temple as a guard to the Senate,were informed that the Fathers were sufficiently defended by their ownsanctity; and were requested to march down upon the forum, and dispersethe rioters.

  The heavy tramp of their solid march instantly succeeded the transmissionof the order; and, in a short time after, the deep swell of their chargingshout rose high above the discordant clamors of the mob, from the hollowof the Velabrum.

  Still, not a Senator left his seat, or changed countenance; although itmight be seen, by the fiery glances and clinched hands of some among theyounger nobles, that they would have gladly joined the knights, incharging their hereditary enemies, the Democratic rabble.

  The question which was then debating was of more weight, however, than anytriumph over the mob; for by the decision of that question it was to bedetermined whether the traitors and the treason should be crushedsimultaneously and forever, or whether Rome itself should be abandoned tothe pleasure of the rebels.

  That question was the life or death of Lentulus, Cethegus, Gabinius,Statilius, and Cæparius; all of whom were in separate custody, the lasthaving been brought in on the previous evening, arrested on his way to thecamp of Catiline and Manlius.

  Should the Senate decree their death, the commonwealth might be deemedsafe—should it absolve them, by that weakness, the republic must be lost.

  And on the turn of a die did that question seem to hang.

  Decius Junius Silanus, whose opinion was first asked, spoke briefly, butstrenuously and to the point, and as became the Consul elect, soon to bethe first magistrate of that great empire. He declared for the capitalpunishment of all those named above, and of four others, Lucius Cassius,Publius Furius, Publius Umbrenus, and Quintus Annius, if they should bethereafter apprehended.

  Several others of the high Patrician family followed on the same side; andno one had as yet ventured openly to urge the impunity of the parricides,although Tiberius Nero had recommended a delay in taking the question, andthe casting of the prisoners meanwhile into actual incarceration under thesafeguard of a military force.

  But it had now come to the turn of Caius Julius Cæsar, the great leaderthen of the Democratic faction, the great captain that was to be in afterdays, and the first Emperor of subjugated Rome.

  An orator second, if second, to Cicero alone, ardent, impassioned, yetbland, clement, easy; liberal both of hand and council; averse to Cicerofrom personal pique, as well as from party opposition; an eager candidatefor popular applause and favor, it was most natural that he should takeside with the conspirators.

  Still, his name having been coupled obscurely with their infamous designs,although Cicero had positively refused to suffer his accusation orimpeachment, it required so much boldness, so much audacity indeed, toenable him to stand forward as their open champion, that many mendisbelieved that he would venture on a step so hazardous.

  The greatest possible anxiety was manifested, therefore, in the house,when that distinguished Senator arose, and began in low, deep, harmonioustones, and words which rolled forth like a gentle river in an easy andsilvery flow.

  "It were well," he said, "Conscript Fathers, that all men who debate ondubious matters, should be unbiassed in opinion by hate or friendship,clemency or anger. When passions intervene, the mind can rarely perceivetruth; nor hath at one time any man obeyed his interests and hispleasures. The intellect there prevails, where most it is exerted. Ifpassion governs it, passion hath the sole sway; reason is powerless. Itwere an easy task for me, Conscript Fathers, to quote instances in whichkings and nations, impelled by enmity or pity, have taken unadvised andevil counsels; but I prefer to cite those, wherein our ancestors, defyingthe influence of passion, have acted well and wisely. During theMacedonian war which we waged against King Perseus, the state of Rhodes,splendid then and stately, which had been built up by the aid and opulenceof Rome, proved faithless to us, and a foe. Yet, when, the war beingended, debate was had concerning her, our fathers suffered her citizens togo unpunished, in order that no men might infer that Rome had gone to warfor greed, and not for just resentment. Again, in all the Punic wars,although the Carthaginians repeatedly committed outrages against them, inviolation both of truce and treaties, never once did they follow thatexample, considering rather what should seem worthy of themselves, thanwhat might be inflicted justly on their foes.

  "This same consideration you should now take, Conscript Fathers; havingcare that the crimes of Publius Lentulus and his fellows weigh not uponyour minds with greater potency, than your own dignity and honor; and thatye obey not rather the dictates of resentment, than the teachings of yourold renown. For if a punishment worthy their crimes can be discovered, Iapprove of it, of how new precedent soever; but if the enormity of theirguilt overtop the invention of all men, then, I shall vote that we abideby the cu
stoms, prescribed by our laws and institutions.

  "Many of those who have already spoken, have dilated in glowing and setphrases on the perils which have menaced the republic. They have descantedon the horrors of warfare, on the woes which befall the vanquished. Therape of virgins; the tearing of children from parental arms; theransacking of human homes and divine temples; the subjecting of matrons tothe brutal will of the conquerors; havoc and conflagration, and all placesfilled with arms and corpses, with massacre and misery—But, in the name ofthe immortal Gods! to what do such orations tend? Do they aim at inflamingyour wrath against this conspiracy? Vain, vain were such intent; for is itprobable that words will inflame the mind of any one, if such and soatrocious facts have failed to inflame it? That is indeed impossible! Norhath any man, at any period, esteemed his own injuries too lightly. Mostpersons, on the contrary, hold them more heavy than they are. Butconsequences fall not equally on all men, Conscript Fathers. They who inlowly places pass their lives in obscurity, escape the censure of theworld, if they err on occasion under the influences of passion. Theirfortunes and their fame are equal. They who, endowed with high commands,live in exalted stations, perform every action of their lives in the fullgaze of all men. Thus to the greatest fortunes, the smallest licence isconceded. The great man must in no case consult his affections, or hisanger. Least of all, must he yield to passion. That which is styled wrathin the lowly-born, becomes tyranny and cruel pride in the high and noble.

  "I indeed think, with those who have preceded me, that every torture istoo small for their atrocity and crime. But it is human nature’s trick toremember always that which occurs the last in order. Forgetful of thecriminal’s guilt, the world dwells ever on the horror of his punishment,if it lean never so little to the side of severity. Well sure am I, thatthe speech of Decius Silanus, a brave and energetic man, was dictated byhis love for the republic—that in a cause so weighty he is moved neitherby favor nor resentment. Yet his vote to my eyes appears, I say not cruel—for what could be cruel, inflicted on such men?—but foreign to the senseof our institutions. Now it is clear, Silanus, that either fear of futureperil, or indignation at past wrong, impelled you to vote for anunprecedented penalty! Of fear it is needless to speak farther; whenthrough the active energy of that most eminent man, our consul, suchforces are assembled under arms! concerning the punishment of these men wemust speak, however, as the circumstances of the case require. We mustadmit that in agony and wo death is no penalty, but rather the repose fromsorrow. Death alone is the refuge from every mortal suffering—in deathalone there is no place for joy or grief. But if this be not so,wherefore, in the name of the Gods! have ye not added also to yoursentence, that they be scourged before their execution? Is it, that thePorcian law forbids? That cannot be—since other laws as strenuouslyprohibit the infliction of capital punishment on condemned citizens,enjoining that they be suffered to go into exile. Is it, then, that to bescourged is more severe and cruel than to be slain? Not so—for what can betoo severe or too cruel for men convicted of such crime. If on the otherhand it be less severe, how is it fitting to obey that law in the lesser,which you set at naught in the greater article? But, you will ask meperchance, who will find fault with any punishment inflicted upon theparricides of the republic? Time—future days—fortune, whose capricegoverns nations! True, these men merit all that can befall them; but doye, Conscript Fathers, pause on the precedent which you establish againstothers? Never did bad example arise but from a good precedent—only whenthe reins of empire have fallen from wise hands into ignorant or wickedguidance, that good example is perverted from grand and worthy to base andunworthy ends. The men of Lacedemon, when they had conquered Athens, setthirty tyrants at the helm who should control the commonwealth. They atthe first began to take off the guiltiest individuals, wretches hated byall, without form of trial. Thereat the people were rejoiced, and criedout that their deaths were just and merited. Ere long, when license hadgained ground, they slew alike the virtuous and the guilty, and governedall by terror. Thus did that state, oppressed by slavery, rue bitterly itsinsane mirth. Within our memory, when victorious Sylla commandedDamasippus and his crew, who had grown up a blight to the republic, to beput to the sword’s edge, who did not praise the deed? Who did not exclaimearnestly that men, factious and infamous, who had torn the republic bytheir tumults, were slain justly? And yet that deed was the commencementof great havoc. For, when one envied the city mansion or the country farm,nay, but the plate or garment of another, he strove with all his energy tohave him on the lists of the proscription. Therefore, they who exulted atthe death of Damasippus were themselves, ere long, dragged to execution;nor was there an end put to the massacre, until Sylla had satiated all hismen with plunder. These things, indeed, I fear not under Marcus Tullius,nor at this day; but in a mighty state there are many and diversedispositions. It may be at another time, under another consul, who shallperhaps hold an army at his back, that the wrong shall be taken for theright. If it be so when—on this precedent, by this decree, of thisSenate—that consul shall have drawn the sword, who will compel him to putit back into the scabbard, who moderate his execution? Our ancestors, OConscript Fathers, never lacked either wisdom in design, or energy inaction; nor did their pride restrain them from copying those institutionsof their neighbors, which they deemed good and wise. Their arms offensiveand defensive they imitated from the Samnites—most of the ensigns of theirmagistracies they borrowed of the Tuscans. In a word, whatsoever theyobserved good and fitting, among their allies or their foes, they followedup with the greatest zeal at home. They chose to imitate, rather thanenvy, what was good. But in those days, after the fashion of the Greeks,they punished citizens with stripes; they took the lives of condemnedcriminals. As the republic grew in size, and party strife arose among itsmultitudinous citizens, innocent persons were taken off under the pretextof the law, and many wrongful deeds were committed with impunity. Then wasthe Porcian Law enacted, with others of like tenor, permitting convicts todepart into exile. This I esteem, O Conscript Fathers, the first greatcause wherefore this novel penalty be not established as a precedent. Thewisdom and the valor of our ancestors who from a small beginning createdthis vast empire, were greater far than we, who scarcely can retain whatthey won so nobly. Would I have, therefore, you will ask, these mensuffered to go at large, and so to augment the hosts of Catiline? Far fromit. But I shall vote thus, that their property be confiscated, and theythemselves detained in perpetual fetters, in those municipalities of Italywhich are the wealthiest and the strongest. That the Senate never againconsider their case, or bring their cause before the people—and thatwhosoever shall speak for them, be pronounced, of the Senate, an enemy tohis country, and to the common good of all men."

  This specious and artful oration, in which, while affecting to condemnwhat he dared not defend openly, he had more than insinuated a doubt ofthe legality of sentencing the traitors, was listened to by all present,with deep attention; and by the secret partizans of the conspiracy withjoy and exultation. So sure did they esteem it that, in the teeth of thisinsidious argument, the Senate would not venture to inflict capitalpunishment on their friends, that they evinced their approbation by loudcheers; while many of the patrician party were shaken in their previousconvictions; and many of those who perceived the fallacy of hissophistical reasoning, and detected his latent determination to screen theparricides of the state, felt the hazard and difficulty of proceeding asthe exigencies of the case required.

  Cicero’s brow grew dark; as Silanus avowed openly that he had altered hisopinion, and should vote for the motion of Tiberius Nero, to deferjudgment.

  Then Cicero himself arose, and in the noblest perhaps of all his orations,exerted himself strenuously to controvert the arguments and abolish theevil influence of the noble demagogue.

  He did not, indeed, openly urge the death of the traitors; but he dweltwith tremendous force on the atrocious nature of the crimes, and on theconsequence of their success. He showed the fallacy of Cæsa
r’sinsinuation, that death was a less severe enactment than perpetualimprisonment. He pointed out the impossibility and injustice of compellingthe municipalities to take charge of the prisoners—the insecurity of thosetowns, as places of detention—the almost entire certainty, that the menwould ere long be released, either by some popular tumult, or some partymeasure; and he concluded with a forcible and earnest peroration,appealing to the Senators, by their love of life, of their families, oftheir country, to take counsel worthily of themselves, and of their commonmother; entreating them to decree firmly, and promising that he wouldexecute their sentence, be it what it might, fearlessly.

  As he sat down, the order was agitated like a sea in the tumultuous calm,which succeeds to the wrath and riot created by a succession of galesblowing from different quarters. Murmurs of approbation and encouragementwere mixed with groans and loud evidences of displeasure.

  The passions of the great concourse were aroused thoroughly, and thedebate waxed wild and stormy.

  Senator arose after Senator, advocating some the death, some thebanishment, and some, emboldened by Cæsar’s remarks, even proposing theenlargement of the conspirators.

  At length, when all arguments appeared to be exhausted, and no hope leftof anything like an unanimous decision being adopted, Marcus Portius Catoarose from his seat, stern, grave, composed, and awful from the severeintegrity of his grand character.

  The turbulent assembly was calm in a moment. All eyes were fixed on theharsh features of the stoic; all ears hung rivetted in expectation, on hisdeep guttural intonations, and short vigorous sentences. It was evident,almost ere he began to speak, that his opinion would sway the votes of theorder.

  "My mind is greatly different," he said, "Conscript Fathers, when Iconsider the perils of our case, and recall to my memory the speeches ofsome whom I have heard to-day. Those Senators, it seems to me, havedescanted on the punishment of the men who have levied war against theircountry and their parents, against their healths and their altars. But thefacts of the case require not punishment of their crimes, but defence fromtheir assaults.—Other crimes you may punish after their commission—unlessyou prevent this from being done, when it is done, vainly shall ye ask forjudgment. The city stormed, nothing remains to the vanquished. Now, in thename of the immortal Gods! I call upon you, _you_, who have always setmore store on your mansions, your farms, your statues and your pictures,than on the interests of the state, if you desire to retain these things,be they what they may, to which you cling so lovingly, if you desire togive yourselves leisure for your luxuries, arouse yourselves, now ornever, and take up the commonwealth! It is no question now of taxes! Noquestion of plundering our allies! The lives, the liberties of every oneof us, are hanging on your doubtful decision. Oftentimes, ConscriptFathers, have I spoken at length in this assembly. Oftentimes have Iinveighed against the luxury and avarice of our citizens, and, therefore,have I many men my enemies. I, who have never pardoned my own soul evenfor any trivial error, could not readily excuse in others the lusts whichresult in open criminality. But, although you neglected those crimes asmatters of small moment, still the republic, by its stability andopulence, sustained the weight cast on it by your negligence. Now,however, we ask not whether we shall live, corrupt or virtuous; we ask nothow we shall render Rome most great, and most magnificent; we askthis—whether we ourselves, and with ourselves all that we possesswhatsoever, shall be yielded up to the enemy? Who here will speak to me ofclemency and pity? Long, long ago have we cast away the true names ofthings; for now to be lavish of the goods of others is termed liberality;audacity in guilt is denominated valor. Into such extremity has therepublic fallen. Let Senators, therefore, since such are their habitudesand morals, be liberal of the fortunes of our allies, be merciful to thepilferers of the treasury; but let them not be lavish in bestowing ourblood upon them! Let them not, in pity for a few scoundrels, send all goodcitizens to perdition. Caius Cæsar spoke a while since, eloquently and inset terms, in this house, concerning life and death; esteeming thosethings false, I presume, which are believed by most men of a future statethat the wicked, I mean, journey on a different road from the righteous,and inhabit places aloof from them, dark, horrid, waste, and fearful.

  "He hath declared his intent, therefore, to vote for the confiscation oftheir property; and the detention of themselves in the borough towns inclose custody. Fearing, forsooth, that if they be kept in Rome, they maybe rescued forcibly, either by the confederates in their plot, or by ahireling rabble. Just as if there were only rogues and villains in thiscity, and none throughout all Italy.—Just as if audacity cannot effect thegreatest things there, where the means of defence are the smallest.Wherefore his plan is absurd, if he fear peril from these men. And if healone, in the midst of consternation so general, do not fear, the moreneed is there that you and I do fear them. Wherefore, when you vote on thefate of Publius Lentulus and the rest, hold this assured, that you arevoting also on the fate of Catiline’s army, on the fate of the wholeconspiracy. With the more energy you act, the more will their courage failthem. If they shall see you falter but a little, all at once they willfall on fiercely. Be far from believing that our ancestors raised thisrepublic from a small state to a great empire, by dint of arms alone. Hadit been so, much greater should we have rendered it, who have much greaterforce than they, of citizens and of allies, of arms and of horses. Butthere were other things which made them great, which we lack altogether.At home, industry, abroad justice! A mind free to take counsel, unbiassedby crime or passion. Instead of these things we possess luxury andavarice. Public need, private opulence. We praise wealth, and practiceindolence. Between righteous and guilty we make no distinction. Ambitiongains all the rewards of virtue. Nor is this strange, when separatelyevery one of you takes counsel for himself alone. When at home, you areslaves to pleasure; here in the Senate house, to bribery or favor. Thenceit arises that a general charge is made from all quarters against thehelpless commonwealth.

  "But this I will pass over.

  "The noblest of our citizens have conspired to put the torch to therepublic. They have called to their aid, in open war, the Gallic nationmost hostile to the name of Roman. The chief of your enemy is thunderingabove your very heads; and are you hesitating even now what you shall dowith enemies taken within your very walls?—Oh! you had better pity them, Ithink—the poor young men have only erred a little, misled by ambition—youhad better send them away in arms! I swear that, should they once takethose arms, that clemency and mercifulness of yours will be changed intowo and wailing. Forsooth, it is a desperate crisis; and yet you fear itnot. Yea, by the Gods! but you do fear it vehemently. Yet, in yourindolence and feebleness of mind, waiting the one upon the other, youhesitate, relying, I presume, on the protection of the Immortals, who haveso many times preserved this republic in its greatest dangers. The aid ofthe Gods is not gained by prayers or womanish supplication. To those whowatch, who act, who take counsel, wisely, all things turn out successful.Yield yourselves up to idleness and sloth, and in vain you shall implorethe Gods—they are irate and hostile.

  "In the time of our forefathers, Titus Manlius Torquatus during the Gallicwar commanded his own son to be slain, because he had fought againstorders; and that illustrious youth suffered the penalty of his immoderatevalor.—Do ye know this, and delay what ye shall decide against thecruellest parricides? Is it forsooth that the lives of these men are intheir character repugnant to this guilt.—Oh! spare the dignity ofLentulus, if he have ever spared his own modesty, his own good report; ifhe have ever spared any man or any God! Oh! pardon the youth of Cethegus,if this be not the second time that he has waged war on his country. Forwherefore should I speak of Gabinius, Statilius or Cæparius?—who if theyever felt any care for the republic, would never have taken thesecouncils. To conclude, Conscript Fathers, if there were any space for amistake, I would leave you right willingly, by Hercules, to be correctedby facts, since you will not be warned by words! But we are hemmed in onall sides. Catiline with his ar
my is at our very throats—others of ourfoes are within our walls in the bosom of the state. Nothing can beprepared, nor any counsel taken, so privately but they must knowit.—Wherefore I shall vote thus, seeing that the republic is plunged intomost fearful peril by the guilty plot of atrocious citizens, seeing thatthese men are convicted on the evidence of Titus Volturcius, and of theambassadors of the Allobroges, and seeing that they have confessed theintent of murder, conflagration, and other foul and barbarous crimes,against their fellow citizens and native country—I shall vote, I say, thatexecution, according to the custom of our ancestors, be done upon themhaving thus confessed, as upon men manifestly convicted of capitaltreason."

  The stern voice ceased. The bitter irony, which had stung so many souls tothe quick, the cutting sarcasm, which had demolished Cæsar’s sophistry,the clear reasoning, which had so manifestly found the heart of themystery, were silent. And, folding his narrow toga closely about him, thesevere patriot resumed his seat, he alone unexcited and impassive.

  But his words had done their work. The guilty were smitten into silence;even the daring eloquence and high heart of the ambitious Cæsar, weresubdued and mute.—The friends of their country were encouraged to shakeoff their apathy.

  With one voice, unanimous, the consulars of Rome cried out for thequestion, applauding loudly the energy and fearlessness of Cato, andaccusing one another of timidity and weakness.

  A great majority of the Senate, likewise, exclaimed aloud that theyrequired no more words, but were prepared to vote.

  And convinced that the time had arrived for striking, Cicero put it to thevote, according to the regular form, requiring those who thought withMarcus Porcius Cato, to pass over to the right of the curule chair.

  The question was not in doubt a moment; for above three-fourths of thewhole body arose, as a single man, and passed over to the right of thechair, and gathered about the seat of Cato; while very few joinedthemselves openly to Julius Cæsar, who sat, somewhat crest-fallen andscarcely able to conceal his disappointment, immediately on the left ofthe consul.

  Rallying, however, before the vote of the Senate had been taken, thefactious noble sprang to his feet and loudly called upon the tribunes ingeneral, and upon Lucius Bestia, in particular, a private friend ofCatiline, and understood by all to be one of the conspirators, tointerpose their VETO.

  That was too much, however, even for tribunician daring. No answer wasmade from the benches of the popular magistrates, for once awed intopatriotic silence.

  But a low sneering laugh ran through the crowded ranks of the Patricians,and the vote was taken, now nearly unanimous; for many men disgusted bythat last step, who had believed the measure to be unconstitutional,passed across openly from Cæsar’s side to that of Cato.

  A decree of the Senate was framed forthwith, and committed to writing bythe persons appointed, in presence of Marcus Porcius Cato and DeciusJulius Silanus, as authorities or witnesses of the act, empowering theconsul to see execution done upon the guilty, where and when it should tohim seem fitting.

  Thus was it that Cicero and Cato for a while saved the commonwealth, andchecked the future Dictator in his first efforts to subvert the libertiesof Rome, happy for him and for his country if it had been his last.