Lucius Seneca - Yale Required Reading - Collected Works (Vol. 2)

While these things were transacting in the senate, and rewards decreeing to the deputies of the Allobroges and Volturcius, whose discoveries were approved, the freedmen and a few of the dependents of Lentulus went into different parts of the city, some endeavouring to prevail on the slaves and workmen in the streets to rescue him by force; others searching after the ringleaders of the mob, who used for hire to raise commotions in the state. Cethegus, too, sent messengers to his domestic slaves and freedmen, fellows trained up to audacious enterprises, begging of them to form themselves into an armed body and come to his deliverance. The consul, as soon as he received information of these proceedings, placed guards, as the time and exigency required; and assembling the senate, desired to know “what they would please to determine concerning those who were now in custody?” A full senate had indeed but lately declared them public traitors. Then D. Junius Silanus, who was first asked his opinion, as being consul-elect, voted for capital punishment to be inflicted, not on the prisoners only, but likewise on L. Cassius, P. Furius, P. Umbrenus, and Q. Annius, if they should be apprehended: but afterward, yielding to the strength of Cæsar’s arguments, he declared himself of the same sentiments with Tiberius Nero, who had proposed that the guards should be strengthened and the debate adjourned. Cæsar, when asked by the consul in his turn, spoke in substance as follows: 33

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“It is the duty of all men, Conscript Fathers, in their deliberations on subjects of difficult determination, to divest themselves of hatred and affection, of revenge and pity. The mind when clouded with such passions cannot easily discern the truth; nor has any man ever gratified his own headstrong inclination and at the same time answered any valuable purpose. When we exercise our judgment only, it has sufficient force; but when passion possesses us, it bears sovereign sway, and reason is of no avail. I could produce a great many instances of kings and states pursuing wrong measures when influenced by resentment or compassion. But I had rather set before you the example of our forefathers, and show how they acted in opposition to the impulses of passion, but agreeably to wisdom and sound policy. In the war which we carried on with Perses, king of Macedonia, Rhodes, a mighty and flourishing city, which owed all its grandeur, too, to the Roman aid, proved faithless, and became our enemy: but when the war was ended, and the conduct of the Rhodians came to be taken into consideration, our ancestors pardoned them, that none might say the war had been undertaken more on account of their riches than of injuries. In all the Punic wars, too, though the Carthaginians, both in time of peace and even during a truce, had often insulted us in the most outrageous manner, yet our ancestors never improved any opportunity of retaliating; considering more what was worthy of themselves than what might in justice be done against them.

“In like manner, Conscript Fathers, ought you to take care that the wickedness of Lentulus and the rest of the conspirators weigh not more with you than a regard to your own honour; and that while you gratify your resentment you do not forfeit your reputation. If a punishment indeed can be invented adequate to their crimes, I approve the extraordinary proposal made; but if the enormity of their guilt is such that human invention cannot find out a chastisement proportioned to it, my opinion is, that we ought to be contented with such as the law has provided.

“Most of those who have spoken before me have in a pompous and affecting manner lamented the situation of the state; they have enumerated all the calamities of war, and the many distresses of the conquered; virgins and youths violated; children torn from the embraces of their parents; matrons forced to bear the brutal insults of victorious soldiers; temples and private houses plundered; all places filled with flames and slaughter: finally, nothing but arms, carcasses, blood, and lamentations to be seen.

“But, for the sake of the immortal gods, to what purpose were such affecting strains? Was it to raise in your minds an abhorrence of the conspiracy, as if he whom so daring and threatening a danger cannot move could be inflamed by the breath of eloquence? No; this is not the way: nor do injuries appear light to any one that suffers them; many stretch them beyond their due size. But, Conscript Fathers, different allowances are made to different persons: when such as live in obscurity are transported by passion to the commission of any offences, there are few who know it, their reputation and fortune being on a level: but those who are invested with great power are placed on an eminence, and their actions viewed by all; and thus the least allowance is made to the highest dignity. There must be no partiality, no hatred, far less any resentment or animosity, in such a station. What goes by the name of passion only in others, when seen in men of power, is called pride and cruelty.

“As for me, Conscript Fathers, I look on all tortures as far short of what these criminals deserve. But most men remember best what happened last; and, forgetting the guilt of wicked men, talk only of their punishment, if more severe than ordinary. I am convinced that what Decius Silanus, brave and worthy man, said, was from his zeal to the state, and that he was neither biassed by partiality nor enmity; such is his integrity and moderation, as I well know. But his proposal appears to me not indeed cruel, (for against such men what can be cruel?) but contrary to the genius of our government. Surely, Silanus, you were urged by fear, or the enormity of the treason, to propose a punishment quite new. How groundless such a fear is it is needless to show; especially when, by the diligence of so able a consul, such powerful forces are provided for our security: and as to the punishment, we may say, what indeed is the truth, that to those who live in sorrow and misery, death is but a release from trouble; that it is death which puts an end to all the calamities of men, beyond which there is no room for care and joy. 34But why, in the name of the gods, did not you add to your proposal that they should be punished with stripes? Was it because the Porcian law forbids it? 35But there are other laws, too, which forbid the putting to death a condemned Roman, and allow him the privilege of banishment. Or was it because whipping is a more severe punishment than death? Can any thing be reckoned too cruel or severe against men convicted of such treason? But if stripes are a lighter punishment, how is it consistent to observe the law in a matter of small concern, and disregard it in one that is of greater?

“But you will say, ‘Who will find fault with any punishment decreed against traitors to the state?’ I answer, time may, so may sudden conjunctures; and fortune too, that governs the world at pleasure. Whatever punishment is inflicted on these parricides will be justly inflicted. But take care, Conscript Fathers, how your present decrees may affect posterity. All bad precedents spring from good beginnings, but when the administration is in the hands of wicked or ignorant men, these precedents, at first just, are transferred from proper and deserving objects to such as are not so.

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“The Lacedæmonians, when they had conquered the Athenians, placed thirty governors over them; who began their power by putting to death, without any trial, such as were remarkably wicked and universally hated. The people were highly pleased at this, and applauded the justice of such executions. But when they had by degrees established their lawless authority, they wantonly butchered both good and bad without distinction; and thus kept the state in awe. Such was the severe punishment which the people, oppressed with slavery, suffered for their foolish joy.