Continuing this morning so as to get to the Fulvia issue which depends heavily on context. Please note that all I am pasting in here is DRAFT, so don't go ape over typos and stuff. This text hasn't even gone through a first edit yet.
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THE FOURTH CATILINARIAN ORATION
Seeing that his year of work creating a self-glorifying situation was about to melt away, Cicero rose to speak. I’m not going to include all of Cicero’s very lengthy oration here, (the man sure loved to hear himself talk), I’m just going to give you chunks of it. But I do encourage you to read it if you have the stomach for paranoid-histrionic-schizoid rants.
The text of his speech has been preserved as the Fourth Catilinarian Oration. Goldsworthy tells us:
… 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.”
Plutarch says that his voice was : “loud and good, but so harsh and unmanaged that in vehemence and heat of speaking he always raised it to so high a tone, that there seemed to be reason to fear about his health.” He then studied in Athens and was: “diligently exercising himself in declamations, and attending the most celebrated rhetoricians of the time.” When he began his political career as an advocate: “he made no slow or gentle advance to the first place, but shone out in full lustre at once, and far surpassed all the advocates of the bar. At first, it is said, he, as well as Demosthenes, was defective in his delivery, and on that account paid much attention to the instructions, sometimes of Roscious the comedian, and sometimes of Æsop the tragedian.”
Caesar had certainly put the “fear of God” into the senators by reminding them of the many changes in power and how susceptible they all were to being the next group to get the short end of the stick. As I noted above, his examples were well-chosen for just that purpose: there were probably very few in the senate who did not have personal recollections of the horrors of the Sullan regime and how quickly things changed in those days that were just 20 years in the past. And so it was to this point that Cicero addressed himself first. He tried to convince them that, if they agreed with what he wanted to do – commit murder – that it would be him, and only him, who would bear the responsibility.
I see that you are anxious not only for your own danger and that of the republic, but even… for mine. … If indeed, this condition of the consulship has been allotted to me, that I should bear all bitterness, all pains and tortures, I will bear them not only bravely but even cheerfully, provided that by my toils dignity and safety are procured for you and for the Roman people.
He reminds everyone how much he has suffered, how he’s been threatened with death, how much he has borne for their sakes, and all because he is just trying to snatch them all from the horrors of evil terrorists. He also managed to aggrandize himself as the “man of the hour” more or less chosen by god to lead this crusade:
I have borne much, I have conceded much, I have remedied many things with some pain to myself amid the alarm of you all… that I should snatch you, Gentlemen, and the Roman people from miserable slaughter, your wives and children and the vestal virgins from most bitter distress, the temples and shrines of the gods and this most lovely country of all of us, from impious flames, all Italy from war and devastation… why should not I rejoice that my consulship has taken place almost by the express appointment of fate for the preservation of the republic? … preserve yourselves, your wives, your children, and your fortunes; defend the name and safety of the Roman people; cease to spare me, and to think of me.
He goes on a bit more about what a noble, brave and self-sacrificing individual he is and how it is his absolute joy to perish on everyone’s behalf if need be. What one needs to keep in mind is the fact that Cicero is essentially arguing for permission to commit extra-judicial murder. With that in mind, lets look a bit further. Having dispensed with any concern for his own safety, being the noble creature that he was (and having a veritable army outside the door), Cicero now returns to the issue: that the senate needs to decide the fate of the prisoners:
Wherefore, Gentlemen, attend to the safety of the republic; look round upon all the storms which are impending, unless you guard against them. It is not Tiberius Gracchus, who wished to be made a second time a tribune of the people; it is not Caius Gracchus, who endeavoured to excite the partisans of the agrarian law; it is not Lucius Saturninus, who slew Memmius, who is now in some danger, who is now brought before the tribunal of your severity.
Here we recall that the reforms of the Gracchi threatened the holdings of rich landowners in Italy and both were murdered by members of the Roman Senate and supporters of the conservative Optimate faction. Tiberius' own cousin, Publius Cornelius Scipio Nasica, the newly-elected Pontifex Maximus, claiming that Tiberius wished to make himself king, demanded that the consul take action. When he refused, Nasica girded his toga over his head, shouting "Now that the consul has betrayed the state, let every man who wishes to uphold the laws follow me!" and led the senators towards Tiberius. In the resulting confrontation, Tiberius was beaten to death with clubs and staves made from benches which lay strewn about. His fellow tribune, Publius Satyreius, dealt the first blow to his head. More than 300 supporters, including Tiberius, were slain by stones and staves, but none by sword, and their bodies thrown into the Tiber.
Cicero is citing cases from fairly recent history that led, ultimately, to the Sullan Terror. Cicero is citing them as cases that are along the same line as the present one, all popular causes, though the Catiline Conspiracy is oh, so much worse! Nevertheless, the point is not lost that what Cicero wants to do is something like “Sulla Lite – only one calorie.” He needs a horrifying threat that he can whip with his little finger and one hand tied behind his back. “See how great I am?” To do this, he keeps building up the conspirators as though they were Attila and his Huns defeated by Dudley Doright. And certainly, his image of both the conspiracy and himself are cartoonish.
An interesting point about the three cases cited, beside the fact that it is a rhetorical “three-set”, is that all of them involved
violence committed directly and personally by members of the senate. He forgets to mention, also, that Saturninus was under the protection of Marius. This is a very disturbing picture of the Roman governing body. But empowering that body to do just that sort of thing by setting a precedent seems to be what Cicero was after. He next says about the Catiline conspiracists:
They are now in your hands who withstood all Rome, with the object of bringing conflagration on the whole city, massacre on all of you, and of receiving Catiline; their letters are in your possession, their seals, their handwriting, and the confession of each individual of them; the Allobroges are tampered with, the slaves are excited, Catiline is sent for; the design is actually begun to be put in execution, that all should be put to death, so that no one should be left even to mourn the name of the republic, and to lament over the downfall of so mighty a dominion.
All these things the witnesses have informed you of; the prisoners have confessed, you by many judgments have already decided; first, because you have thanked me in unprecedented language, and have passed a vote that the conspiracy of abandoned men has been laid open by my virtue and diligence; secondly, because you have compelled Publius Lentulus to abdicate the praetorship; again, because you have voted that he and the others about whom you have decided should be given into custody; and above all because you have decreed a supplication in my name, an honour which has never been paid to any one before acting in a civil capacity; last of all because yesterday you gave most ample rewards to the ambassadors of the Allobroges and to Titus Vulturcius; all which acts are such that they, who have been given into custody by name, without any doubt seem already condemned by you.
Notice how he points out all the things that “you” i.e. the senators, have done. He works this angle throughout the speech. “
You rewarded people for information against the conspiracy, so
you have acknowledged that it exists.
You honored me for my deeds, for protecting
you, were
you mistaken? “
But I have determined to refer the business to you as a fresh matter, Gentlemen, both as to the fact, what you think of it and as to the punishment, what you vote. I will state what it behoves the consul to state. I have seen for a long time great madness existing in the republic, and new designs being formed, and evil passions being stirred up; but I never thought that so great, so destructive a conspiracy as this was being meditated by citizens. Now to whatever point your minds and opinions incline, you must decide before night. You see how great a crime has been made known to you; if you think that but few are implicated in it you are greatly mistaken; this evil has spread wider than you think; it has spread not only throughout Italy, but it has even crossed the Alps, and creeping stealthily on, it has already occupied many of the provinces; it can by no means be crushed by tolerating it, and by temporising with it; however you determine on chastising it, you must act with promptitude.
Above, in addition to reiterating his cartoonish presentation of the horrific threat, he also sets a time limit “you must decide before night.” The urgency is part of every classic scam: “Act now while supplies last!” He also reminds them of the dreaded Gaulish menace while playing on their desire to not look weak and indecisive.
In the previous three paragraphs of the speech, Cicero sets out his main case which was that the senate must decide and do it quick. Apparently, he wasn’t getting the positive reactions he was expecting because he then took a different direction. He had to destroy Caesar’s solution. He attempts to do this by first assuming that Silanus advocates execution even though he has disavowed this. His reference to “those who have endeavored to destroy all these things” intends the Gracchi brothers and Saturninus whom he claimed had been justly killed for lesser crimes.
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 whole 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.
First notice his distinction between “all of us” and “the whole Roman people”. Obviously, the “all of us” meant the patrician and equestrian classes. His next remark is bizarre: that death sentences are certainly okay when applied to “worthless citizens.” He seems to be referring to the “rabble” or “the mob” in the terms of many “gentlemen historians” who, holding the same elitist views, consider the working people to be worthless as human beings, only worthy of being worked to death.
His claim that the conspiracy was to “deprive the whole Roman people of life, to destroy the empire, blah blah… is nothing but puerile hyperbole. Even if the Catilinians were conspiring, they were only conspiring to overthrow the wealthy elite. They wanted to rule the empire, not destroy it, or murder everyone.
Now, he goes after Caesar directly, claiming that this solution is unprecedented and impractical:
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.
Out come the cartoon characterizations from his rhetorical bag of tricks in an attempt to make Caesar’s proposal as ridiculous as possible to the minds of the listeners.
Keep in mind that Cicero is arguing to execute the prisoners without trial and that Caesar’s suggestion was certainly made with the thought in mind that the truth might be exposed if they were given life long enough to tell it. Cicero is being pretty smart-assical about taking the lives of other human beings:
… 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 alone to these infamous men, and if he had taken that away, he would have relieved them by one pang of many tortures of mind and body, and of all the punishment of their crimes. Therefore, that there might be some dread in life to the wicked, men of old have believed that there were some punishments of that sort appointed for the wicked in the shades below; because in truth they perceived that if this were taken away death itself would not be terrible.
Notice that he didn’t challenge the severity of Caesar’s proposal; in fact, he characterized it as much worse than death. He is also diligently polite toward Caesar.
Cicero then, suddenly, has a flash of inspiration! He will use Caesar’s very presence at the meeting as a weapon to attack his argument!
Now, Gentlemen, 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.
Cicero points out that, if the senate chooses execution for the prisoners, Caesar’s popularity with the citizens and residents of the city would make it easier for them to persuade the crowd gathered outside of the justice of the decision. Cicero must have been about to burst with glee at his own cleverness in thinking of this. Because, certainly, he had a very large armed guard present because he was very much afraid of the reactions of the people and whether or not Caesar might choose to rile them up or calm them down.
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.
Now he makes an obvious dig at Crassus, who did not attend this meeting.
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 anyone 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.
Next, he suggests that if Caesar, by his presence and participation in the debate, acknowledges that it is proper for the senate to pass judgment on the prisoners, then he must also acknowledge the fact that they had lost the rights of citizenship and thus, were no longer protected under the law:
But Caius Caesar considers that the Sempronian 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.
One can imagine the sarcasm dripping like acid from Cicero’s mouth when he said: “Therefore this most gentle and merciful man does not hesitate to commit Publius Lentulus to eternal darkness and imprisonment…” which he then follows by pointing out that he’s not quibbling over the fact that the prisoners ought to suffer, but he contrasts his “superior mercy”:
…Although, Gentlemen, 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.
Cicero asks: “what cruelty can there be in chastising the enormity of such excessive wickedness?” I think that this remark reveals a great deal about Cicero’s inner landscape: it just screams “psychopath.” There is no crime that can justify retaliatory cruelty. Consider:
1: No amount of cruelty can undo what has been done.
2: Cruelty is not an effective deterrent. People still commit the same old crimes, regardless of the punishment.
If cruelty cannot undo what is done, and cannot deter what may be done, then it can serve no purpose but sadism. It is made all the worse if a person believes that 1 or 2 is wrong, then they are a stupid sadist, or at least a willfully ignorant one. If they understand points 1 and 2, then cruelty is a willing choice and I think that we may have found Cicero’s personal motive here: he wanted to personally experience doing something terrible, wicked, forbidden, only he was too much of a coward to do it without a cloak of protection. He was like modern day wealthy perverts who buy kidnapped human beings – adults or children – to participate in, or witness, murder. The prices that what are called “snuff films” fetch tell us that this is a hobby for the rich only. I think that a careful and complete analysis of the life and writings of Cicero by a psychologist or psychiatrist who is expert in psychopathology, will confirm that he was, indeed, a very, very sick individual.
As for his “for who is more merciful than I am?”, I think I’m going to be sick.
Having disposed of Caesar’s arguments, or so he thought, he turns back to his original line of declamation: APOCALYPSE NOW!
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, in the case of these men who desired to murder us, and our wives, and our children,-who endeavoured to destroy the houses of every individual among us, and also the republic, the home of all,-who designed to place the nation of the Allobroges on the relics of this city, and on the ashes of the empire destroyed by fire;-if we are very rigorous, we shall be considered merciful; if we choose to be lax, we must endure the character of the greatest cruelty, to the damage of our country and our fellow-citizens. …
But this man …[Lentulus] invited the Gauls to overthrow the foundations of the republic; he stirred up the slaves, he summoned Catiline, he distributed us to Cethegus to be massacred, and the rest of the citizens to Gabinius to be assassinated, the city he allotted to Cassius to burn, and the plundering and devastating of all Italy he assigned to Catiline. You fear, I think, lest in the case of such unheard of and abominable wickedness you should seem to decide anything with too great severity; when we ought much more to fear lest by being remiss in punishing we should appear cruel to our country, rather than appear by the severity of our irritation too rigorous to its most bitter enemies.
I think you get the idea by now. He just repeats himself over and over again. He goes off on his “unification of the patricians and equestrians” thing ad nauseum:
For this is the only cause that has ever been known since the first foundation of the city, in which all men were of one and the same opinion-except those, who, as they saw they must be ruined, preferred to perish in company with all the world rather than by themselves. … Why should I here speak of the Roman knights? who yield to you the supremacy in rank and wisdom, in order to vie with you in love for the republic,-whom this day and this cause now reunite with you in alliance and unanimity with your body reconciled after a disagreement of many years. And if we can preserve for ever in the republic this union now established in my consulship, I pledge myself to you that no civil and domestic calamity can hereafter reach any part of the republic.
And then he says something totally bizarre: that all the crowd gathered outside that he was afraid of a few paragraphs back, and was going to hide from behind Caesar’s toga, now are all gathered together in unity:
The entire multitude of honest men, even the poorest is present; for who is there to whom these temples, the sight of the city, the possession of liberty,-in short; this light and this soil of his, common to us all, is not both dear and pleasant and delightful? … And, as this is the case, Gentlemen, the protection of the Roman people is not wanting to you; do you take care that you do not seem to be wanting to the Roman people.
All the men of property, the shopkeepers and artisans; all the people who had been agitating for full citizenship and had suffered the dissolution of their collegia to prevent them from making any progress, were all rallying behind Cicero the Great! And even though there had been three slave rebellions, and the crushing of Spartacus and his legions was a recent event, Cicero even has the gall to claim that the slaves are all behind him (“provided his condition of slavery is tolerable”). In short, with the union that he, and he alone, had forged (with this fake terror conspiracy), “hereafter no civil and domestic strife will come to any part of the state.” Yeah, right.
He then returns to the “Hurry while supplies last!” routine interwoven with still more self-glorification:
You have a consul preserved out of many dangers and plots, and from death itself not for his own life, but for your safety. All ranks agree for the preservation of the republic with heart and will, with zeal, with virtue, with their voice. Your common country, besieged by the hands and weapons of an impious conspiracy, stretches forth her hands to you as a suppliant; to you she recommends herself to you she recommends the lives of all the citizens, and the citadel, and the Capitol, and the altars of the household gods, and the eternal inextinguishable fire of Vesta, and all the temples of all the gods, and the altars and the walls and the houses of the city. Moreover, your own lives, those of your wives and children, the fortunes of all men, your homes, your hearth; are this day interested in your decision. …
You have a leader mindful of you, forgetful of himself-an opportunity which is not always given to men; you have all ranks, all individuals, the whole Roman people, (a thing which in civil transactions we see this day for the first time,) full of one and the same feeling. Think with what great labour this our dominion was founded, by what virtue this our liberty was established, by what kind favour of the gods our fortunes were aggrandized and ennobled, and how nearly one night destroyed them all. That this may never hereafter be able not only to be done, but not even to be thought of you must this day take care. And I have spoken thus, not in order to stir you up who almost outrun me myself but that my voice, which ought to be the chief voice in the republic, may appear to have fulfilled the duty which belongs to me as consul.
Ooops! That wasn’t enough self-glorification. There is more!
Now, before I return to the decision, I will say a few words concerning myself. As numerous as is the band of conspirators-and you see that it is very great,-so numerous a multitude of enemies do I see that I have brought upon myself. But I consider them base and powerless and despicable and abject. But if at any time that band shall be excited by the wickedness and madness of any one, and shall show itself more powerful than your dignity and that of the republic, yet. Gentlemen, I shall never repent of my actions and of my advice. Death, indeed, which they perhaps threaten me with, is prepared for all men; such glory during life as you have honoured me with by your decrees no one has ever attained to. For you have passed votes of congratulation to others for having governed the republic successfully, but to me alone for having saved it.
Now he ranks himself with all the heroes of Rome:
Let Scipio be thought illustrious, he by whose wisdom and valour Hannibal was compelled to return into Africa, and to depart from Italy. Let the second Africanus be extolled with conspicuous praise, who destroyed two cities most hostile to this empire, Carthage and Numantia. Let Lucius Paullus be thought a great man, he whose triumphal car was graced by Perses, previously a most powerful and noble monarch. Let Marius be held in eternal honour, who twice delivered Italy from siege, and from the fear of slavery. Let Pompey be preferred to them all-Pompey, whose exploits and whose virtues are bounded by the same districts and limits as the course of the sun. There will be, forsooth, among the praises of these men, some room for my glory, unless haply it be a greater deed to open to us provinces whither we may fly, than to take care that those who are at a distance may, when conquerors; have a home to return to.
This last claim was going to come back to bite him big-time in a few years. The very fact that he had to work so hard to make a case for a vast, empire destroying terrorist conspiracy, and then – knowing that it was mostly trumped up – actually went off on this truly fantastical delusion of his own grandeur is, in my opinion, clear evidence of Cicero’s unbalanced mind. Throughout his speech that we have been examining, and even throughout his life, this tendency to see himself in some kind of supernatural, religiously underwritten, omnipotent role, alternating with persecutory delusions suggests several mental illnesses. Statistics tell us that about 60% of people with bipolar disorder have such delusions and 50% of schizophrenics have them. We’ll come back to more evidence of Cicero’s mental illness in final chapter.
For the moment, just hang on, there’s a bit more. We are getting to the end, but you really have to see this to believe that anybody like this ever rose to such a position of power (which says a lot about ancient Rome) much less that he was taken as a model of great rhetoric, philosophy, advocate of freedom and constitutional rights and all that (which says a lot about our modern civilization and political systems):
Although in one point the circumstances of foreign triumph are better than those of domestic victory; because foreign enemies, either if they be crushed become one's servants, or if they be received into the state, think themselves bound to us by obligations; but those of the number of citizens who become depraved by madness and once begin to be enemies to their country,-those men, when you have defeated their attempts to injure the republic, you can neither restrain by force nor conciliate by kindness. So that I see that an eternal war with all wicked citizens has been undertaken by me; which, however, I am confident can easily be driven back from me and mine by your aid, and by that of all good men, and by the memory of such great dangers, which will remain, not only among this people which has been saved, but in the discourse and minds of all nations forever. Nor, in truth, can any power be found which will be able to undermine and destroy your union with the Roman knights, and such unanimity as exists among all good men….
Gentlemen, instead of my military command-instead of the army … and the other badges of honour which have been rejected by me for the sake of protecting the city and your safety … in place of all these things, and in reward for my singular zeal in your behalf, and for this diligence in saving the republic which you behold, I ask nothing of you but the recollection of this time and of my whole consulship. And as long as that is fixed in your minds, I still think I am fenced round by the strongest wall. But if the violence of wicked men shall deceive and overpower my expectations, I recommend to you my little son, to whom, in truth, it will be protection enough, not only for his safety, but even for his dignity if you recollect that he is the son of him who has saved all these things at his own single risk.
What is that?! A bird? A god? No! It’s Super-Cicero to the rescue!
Wherefore, Gentlemen, determine with care, as you have begun, and boldly, concerning your own safety, and that of the Roman people, and concerning your wives and children; concerning your altars and your hearths your shrines and temples; concerning the houses and homes of the whole city; concerning your dominion, your liberty and the safety of Italy and the whole republic. For you have a consul who will not hesitate to obey your decrees, and who will be able as long as he lives, to defend what you decide on and of his own power to execute it.
I am so glad that is over. I’m also glad that I wasn’t in the audience when that nonsense was delivered and I can imagine how trying it was for Caesar. I think it would be an interesting example to be dramatized by a good actor as a case study of mind-manipulation and propaganda. Oh, wait, we have that sort of thing now on the evening news and in the modern-day citadels of power!
This particular oration has been read and studied for over seven hundred years and the consensus has always been that Catilinian conspirators were executed by Cicero by the authority of the
senatus consultum ultimum – the declaration of martial law – investing him with extraordinary powers. Thus, Cicero’s speech has been interpreted as a defense of the propriety and constitutionality of this act. But the fact is, as you will see,
Cicero makes no defense whatsoever of the SCU – he never refers to it at all in this oration and it appears that the omission is intentional. There have been two proposals (that I know of) to explain this studied avoidance of the claim: 1) either the SCU did not confer authority on the magistrate to take extra-constitutional action in specific cases or, 2)
Cicero deliberately intended to put his actions of extra-judicial murder on some other basis than the power of the SCU.
In point of fact, the SCU was a form of decree that introduced a sort of modified martial law that presupposed the need for fast, secret, action taken to disarm an immediate threat. To have a meeting of magistrates where the plans of the SCU were discussed would have deprived it of any effectiveness. In his first oration, Cicero does tell us that the passage of the SCU itself was an authorization to carry out executions. But for some reason, in this oration, he has backed off significantly from that position. (Possibly because of the points Caesar made.) What seems to be so is that Cicero was
viewing the senate itself as a court with him as president. The court has heard the testimony, the confessions, reviewed the evidence and thus, according to Cicero, it may then properly impose sentence without possibility of appeal due to the fact that the accused have forfeited their rights as citizens.
Cicero avoids entirely the fact that, under the interpretation of the constitution that he and his clique accept, he can, indeed, inflict the death penalty by virtue of the SCU which has already been passed and the only reason there can be is because for so extreme an act, he wishes to have the specific approval and legal backing of the senate.
But we notice that he opens with the declaration that he, and he alone, will take all responsibility. What he has slipped in there is the fact that he will only do what the senate votes for him to do. That is, he is not being honest and making a straightforward argument for the judicial competence of the senate. Rather,
he assumed in his speech that this was the case, that the senate could sit as a criminal court against which there was no appeal.
Many of his listeners would think that they were acting lawfully because, of course, there were many cases of conspiracies and murders where the senate had appointed commissions of inquiry or had brought extraordinary cases to the judgment of the people or special courts. This would tend to make his audience think that the senate could, indeed, adjudicate criminal cases.
An examination of the facts, however, shows otherwise. Up to that moment in time,
there was no case on record in which the senate actually exercised judicial powers; it did not have that right. It did not even have the right to delegate judicial competence in criminal cases. The commissions appointed by it did hear cases and appoint penalties, but this was always done by the recognized right of a duly authorized magistrate who presided over the court, not through the delegation of judicial power to the commission by the senate.
Therefore, Cicero’s argument does not bear examination from a constitutional point of view and he intentionally obscured the issue so that the senate could act as a supreme court with him as the authorized executioner.
Which brings us to the question: why did Cicero so desperately want to execute the prisoners? The obvious answer is because the entire terrorist situation was a complete fabrication and would not stand the scrutiny of a real, duly authorized, judicially competent, court and he needed to get rid of inconvenient witnesses.
Was his creation of a terrorist attack simply because he wanted to be glorified as the savior of Rome, a sort of ancient George W. Bush landing on an aircraft carrier proclaiming “Mission Accomplished”? We hardly think that Dubya instigated the 9-11 attacks on his own for the purpose of launching a war so he could prance around wearing a flight suit and a codpiece.
Was Cicero acting on behalf of his “handlers”, the seven core members of the optimate clique?
Did his speech reflect what they actually wanted: the power to decide life and death without the interference of judges or juries? Such power put into the hands of the oligarchy alone is rather like the authority of the US president today who can declare an individual an enemy combatant and send a drone to murder them and their entire neighborhood.
Was he also rubbing his hands in sadistic glee at the thought of actually committing cold-blooded murder that he knew was illegal, but with a cloak of protection (he thought), just to get his jollies?
Even if this last suggestion is a bit over-the-top as a possible solution, the evidence of his mental illness is so clear that I’m going to leave it as one of the possibilities. I think it is a combination of all of the above. Like I said, Cicero was a very, very sick individual.
Catulus jumped up and began to sputter in his indignation at those who were acknowledging the justice and rightness of Caesar’s argument. Catulus was one of the leading “optimates”. But it was the thirty-two year old Cato who came to the rescue of the optimate cause.