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51“Fathers of the Senate, all men who deliberate upon difficult questions ought to be free from hatred and friendship, anger and pity. 2When these feelings stand in the way the mind cannot easily discern the truth, and no mortal man has ever served at the same time his passions and his best interests. 3When you apply your intellect, it prevails; if passion possesses you, it holds sway, and the mind is impotent. 4I might mention many occasions, Fathers of the Senate, when kings and peoples under the influence of wrath or pity have made errors of judgment; but I prefer to remind you of times when our forefathers, resisting the dictates of passion, have acted justly and in order. 5In the Macedonian war, which we waged with king Perses, the great and glorious community of the Rhodians, which owed its growth to the support of the Roman people, was unfaithful to us and hostile. But after the war was over and the question of the Rhodians was under discussion, our ancestors let them go unpunished for fear that someone might say that the wealth of the Rhodians, rather than resentment for the wrong they had done, had led to the declaration of war. 6So, too, in all the Punic wars, although the Carthaginians both in time of peace and in the course of truces had often done many abominable deeds, the Romans never retaliated when they had the opportunity, but they inquired rather what conduct would be consistent with their dignity than how far the law would allow them to go in taking vengeance on their enemies. 7You likewise, Fathers of the Senate, must beware of letting the guilt of Publius Lentulus and the rest have more weight with you than your own dignity, and of taking more thought for your anger than for your good name. 8If a punishment commensurate with their crimes can be found, I favour a departure from precedent; but if the enormity of their guilt surpasses all men’s imagination, I should advise limiting ourselves to such penalties as the law has established.
9“The greater number of those who have expressed their opinions before me have deplored the lot of the commonwealth in finished and noble phrases; they have dwelt upon the horrors of war, the wretched fate of the conquered, the rape of maidens and boys, children torn from their parents’ arms, matrons subjected to the will of the victors, temples and homes pillaged, bloodshed and fire; in short, arms and corpses everywhere, gore and grief. 10But, O ye immortal gods! what was the purpose of such speeches? Was it to make you detest the conspiracy? You think that a man who has not been affected by a crime so monstrous and so cruel will be fired by a speech! 11Nay, not so; no mortal man thinks his own wrongs unimportant; many, indeed, are wont to resent them more than is right. 12But not all men, Fathers of the Senate, are allowed the same freedom of action. If the humble, who pass their lives in obscurity, commit any offence through anger, it is known to few; their fame and fortune are alike. But the actions of those who hold great power, and pass their lives in a lofty station, are known to all the world. 13So it comes to pass that in the highest position there is the least freedom of action. 14There neither partiality nor dislike is in place, and anger least of all; for what in others is called wrath, this in a ruler is termed insolence and cruelty.
15“For my own part, Fathers of the Senate, I consider no tortures sufficient for the crimes of these men; but most mortals remember only that which happens last, and in the case of godless men forget their guilt and descant upon the punishment they have received, if it is a little more severe than common. 16I have no doubt that Decimus Silanus, a gallant and brave man, was led by patriotism to say what he did say, and that in a matter of such moment he showed neither favour nor enmity; so well do I know the man’s character and moderation. 17Yet his proposal seems to me, I will not say cruel (for what could be cruel in the case of such men?) but foreign to the customs of our country. 18For surely, Silanus, it was either fear or the gravity of the offence which impelled you, a consul elect, to favour a novel form of punishment. 19As regards fear it is needless to speak, especially since, thanks to the precautions of our distinguished consul, we have such strong guards under arms. 20So far as the penalty is concerned, I can say with truth that amid grief and wretchedness death is a relief from woes, not a punishment; that it puts an end to all mortal ills and leaves no room either for sorrow or for joy.
21“But, by the immortal gods! why did you not, Silanus, add the recommendation that they first be scourged? 22Was it because the Porcian law forbids? Yes, but there are other laws too which provide that Roman citizens, even when found guilty, shall not lose their lives, but shall be permitted to go into exile. 23Was it because it is more grievous to be scourged than to be killed? But what punishment is rigorous or too grievous for men convicted of so great a crime? 24If, however, it was because scourging is the lighter punishment, what consistency is there in respecting the law in the lesser point when you have disregarded it in the greater? 25But, you may say, who will complain of a decree which is passed against traitors to their country? Time, I answer, the lapse of years, and Fortune, whose caprice rules the nations. 26Whatever befalls these prisoners will be well deserved; but you, Fathers of the Senate, are called upon to consider how your action will affect other criminals. 27All bad precedents have originated in cases which were good; but when the control of the government falls into the hands of men who are incompetent or bad, your new precedent is transferred from those who well deserve and merit such punishment to the undeserving and blameless.
28“The Lacedaemonians, after they had conquered the Athenians, set over them thirty men to carry on their government. 29These men began at first by putting to death without a trial the most wicked and generally hated citizens, whereat the people rejoiced greatly and declared that it was well done. 30But afterwards their licence gradually increased, and the tyrants slew good and bad alike at pleasure and intimidated the rest. 31Thus the nation was reduced to slavery and had to pay a heavy penalty for its foolish rejoicing. 32Within our own memory, when the conqueror Sulla ordered the execution of Damasippus and others of that kind, who had become prominent at the expense of the state, who did not commend his action? All declared that those criminal intriguers, who had vexed the country with their civil strife, deserved their fate. 33But that was the beginning of great bloodshed; for whenever anyone coveted a man’s house in town or country, or at last even his goods or his garment, he contrived to have him enrolled among the proscribed. 34Thus those who had exulted in the death of Damasippus were themselves before long hurried off to execution, and the massacre did not end until Sulla glutted all his followers with riches.
35“For my own part, I fear nothing of that kind for Marcus Tullius or for our times, but in a great commonwealth there are many different natures. 36It is possible that at another time, when someone else is consul and is likewise in command of an army, some falsehood may be believed to be true. When the consul, with this precedent before him, shall draw the sword in obedience to the senate’s decree, who shall limit or restrain him?
37“Our ancestors, Fathers of the Senate, were never lacking either in wisdom or courage, and yet pride did not keep them from adopting foreign institutions, provided they were honourable. 38They took their offensive and defensive weapons from the Samnites, the badges of their magistrates for the most part from the Etruscans. In fine, whatever they found suitable among allies or foes, they put in practice at home with the greatest enthusiasm, preferring to imitate rather than envy the successful. 39But in that same age, following the usage of Greece, they applied the scourge to citizens and inflicted the supreme penalty upon those found guilty. 40Afterwards, when the state reached maturity and because of its large population factions prevailed; when the blameless began to be oppressed and other wrongs of that kind were perpetrated: then they devised the Porcian law and other laws, which allowed the condemned the alternative of exile. 41This seems to me, Fathers of the Senate, a particularly cogent reason why we should not adopt a new policy. 42Surely there was greater merit and wisdom in those men, who from slight resources created this mighty empire, than in us, who can barely hold what they gloriously won.
43“Do I then recommend that the prisoners be allowed to depart and swell Catiline’s forces? By no means! This, rather, is my advice: that their goods be confiscated and that they themselves be kept imprisoned in the strongest of the free towns; further, that no one hereafter shall refer their case to the senate or bring it before the people, under pain of being considered by the senate to have designs against the welfare of the state and the common safety.”
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