because they were of Opinion, that without fuch a Belief, Death in itself was no great Object of Terror.

Now, Fathers Conscript, I can perceive how much it is for my Intereft that you give into the Opinion of Caius Cæfar; because, as he has ftruck into that Path which leads to Popularity in the State, I shall perhaps have less Reason to dread the Infults of the People, as he both made and supported this Motion. As for the other Opinion, I am not sure but it may raise new Perplexities upon my Hands. But let the Service of the Republic fuperfede all Confiderations of my Danger.

Caius Cæfar, agreeable to his own Character, and the Dignity of his illuftrious Ancestors, has delivered to us an Opinion, which is, as it were, a lafting Pledge of his Affection to his Country, and a noble Inftance of the Difference betwixt the affected Lenity of bufy Declaimers, and a Mind truly popular, taking a Patriot Concern in the Prefervation of the People. I can now perceive, that a certain Gentleman of those who affect Popularity, is now abfent, because forfooth he is tender of

voting

We have no Light from Hiftory, who this Perfon was,

voting away the Life of Roman Citizens. Yet that very Member, but the other Day, committed Roman Citizens to Jail; voted a Thanksgiving for me; and Yesterday bestowed large Gratuities upon the Informers.

Now, who can be in doubt about the Sentiments, with regard to the whole of this Tranfaction and Business, of the Man, who bas voted for Imprisonment to the Accufed, Thanks to the Judge, and a Reward to the Informer.

BUT Caius Cæfar underftands the Sempronian Law", to refpect Roman Citizens only; but that the Man, who is an Enemy to Rome, can in no Senfe be called a Roman Citizen. In short, that the very Enactor of the Sempronian Law, though uncondemned by the People, fatisfied the Rigour of his Country's Juftice. The fame Member thinks that the profuse and prodigal Lentulus, who had fo often hatched within himself the Deftruction of the People

and

h This Law was propofed by C. Sempronius Gracchus, and had its Name from the Perfon who propofed it, as most other Laws had. It decreed, that no Roman Citizen, fhould be condemned to Death by any Judge, or even by the Senate, but only by the Affembly of the People: And frequently this Sentence of Death. was allowed to be exchanged for Banifhment, which the old Romans thought a fufficient Punishment for any Crime, how great

foever.

and City of Rome, with every Circumstance of Blood and Cruelty, cannot be called a Countryman. Therefore the meek and tender-hearted Gentleman, makes no Scruple in committing Publius Lentulus to eternal Darknefs and Chains: And he enacts, that for the future no Man fhall ever have it in his Power to vaunt of his having procured a Mitigation of this Doom, or to make himself popular to the Ruin of his Country. He likewife adds the Confifcation of their Goods, that thus Want and Beggary may attend every Torment of Body and Soul. Therefore, if ye follow his Opinion, ye will then give me a Companion to the Affembly, who is dear and agreeable to the Roman People; or whether ye follow that of Silanus, ye will eafily clear both yourselves and me of the Charge of Cruelty; and I fhall prove that it is by far the milder Courfe.

YET,

i After the Senate had decreed any Thing extraordinary, it was ufual for the Perfon who propofed the Decree, or him who had the chief Hand in promoting it, to give an Account of the Affair to the People from the Roftrum, with a Defence of the Senate's Conduct. This was fomething more than Matter of meer Compliment, fince the People could reverse any Decree of the Senate. Cicero therefore tells them, that if Cæfar's Opinion was followed, it would be of great Service to him, in getting fach á Perfon as Cæfar to appear with him in the Affembly of the People; for Cafar even at this Time was very popular, and was by his Largeffes laying a Foundation for that Height of Power, to which he afterwards raised himself.

YET, Fathers Confcript, where can be the Cruelty of punishing such Monsters of Treafon? I judge of them according to my real Senfe; for may I never, in conjunction with you, enjoy the Bleffing of my Country's Safety, if the Keennefs which I fhew in this Profecution proceeds from any Bitterness of Spirit; for who can be milder than I? But from particular Tendernefs and Compaffion. For I have now before my Eyes this City, the Eye of the World, and the Refuge of Nations of a fudden finking under the Flames. I figure in my Mind the Bodies of my hapless Countrymen lying in Heaps, unburied in my buried Country: I have now before my Eyes the Looks and Fury of Cethegus, revelling in your Blood. But when I figure to myself Lentulus on the Throne, which he confeffed he was encouraged to hope for from the Fates; this Gabinius in a Purple Robe; and Catiline come with an Army, then am I ftruck with Horror at the Shrieks of our Matrons; the Flight of Boys and Maids; and the Rapes of Vestal Virgins. Now, as to me, thefe Calamities appear extremely fhocking and deplorable, therefore I am extremely keen and rigorous in punishing those who endeavoured to bring them. about. For let me put the Cafe, that a Master

of

of a Family had his Children butchered, his Wife murdered, his House burnt down by a Slave, yet did not inflict the most rigorous of Punishments imaginable upon that Slave; would fuch a Mafter appear merciful and compaffionate, and not rather a Monster of Cruelty and Inhumanity? To me that Man would appear to be of a flinty, cruel Nature, who should not endeavour to footh his own Anguish and Torment, by the Anguish and Torment of its guilty Caufe. Thus ought we to act by those Men who intended to murder Ourfelves, our Wives, our Children; who endeavoured to raze the Houses of every particular Roman, and to deftroy this general Seat of Empire. Who confpired to fettle the Allobroges upon the Ruins of this City, and in the Ashes of our confumed Empire. By difcovering the keenest Refentment, we shall express the tendereft Compaffion. But should we relent and retract, then must we be branded

k

with

* Catiline's Party had made no fuch Agreement with the Allobroges; they had only promised an Abatement, or perhaps a total Abolition of all their Taxes, provided they would assist their Confpirators with their Horse; in which they were reckoned to excel all other Nations. But Cicero, like a true Orator, reprefents every Thing in the blackeft Light, to infpire the Senators with Revenge. Indeed it is hard to fay, what might have been the Confequences of Catiline's obtaining a Victory, by the Affiftance of the Gaulish Horfe; or how far the Allobroges might have improved that Opportunity to the Ruin of both Parties.