with the Infamy of being. exquifitely cruel, while the Destruction of our Country and our Countrymen is in Question.

As well may we fufpect Lucius Cæfar', a Man of the greatest Courage and Patriotism, of Cruelty, when the other Day he declared, that the Husband of his Sifter, a Lady of confummate Merit, even while he stood by, and heard him, ought to be put to Death; and ftrengthened it by this Argument, that his own Grandfather was put to Death by Command of the Conful; and that his Son ", though but a Stripling, being fent on a Meffage from the Father, was executed in Prifon. In their Cafe is there any Parallel to this? Had they entered into a Confpiracy to destroy their Country? A Spirit of Corruption was then indeed beginning to work in the State, and op

n

pofite

Lucius Cæfar was Uncle to C. Julius Cæfar the Dictator, and Grandfon of Marcus Fulvius Flaccus. [See Note on p. 7. 1. 9.] His Sifter Julia, Widow of Marcus Antonius Criticus, was at this Time married to P. Lentulus the Confpirator.

m One of the Sons of Flaccus was fent by his Father as an Embaffador to Opimius the Conful, to propofe an Accommodation; but was fent back by Opimius, with fevere Threatnings, if he should dare to return with any Propofal befides that of an immediate Surrender. The Son returning to the Conful with other Propofals, was feized, and, after the Defeat of his Party, was put to Death by the Conful's Orders, though but eighteen Years old.

n The Tribunes of the People were endeavouring to ingrofs all the Power of the State, by pushing the Execution of the Agrarian Law.

pofite Parties begun to be formed; and at that Time the Grandfather of this very Lentulus, an illuftrious Patriot, in Arms attacked Grac chus; and to prevent the Majesty of the State from receiving the smallest Mutilation, he received a cruel Wound. But Lentulus, to destroy the very Foundations of our Constitution, fent for the Gauls, ftirred up the Slaves, invited Catiline, configned us to be butchered by Cethegus, the other Citizens to be murdered by Gabinius, the City to be burnt by Caffius, and all Italy to be defolated and plundered by Catiline. Can I then suppose that you will dread the Cenfure of decreeing with too much Severity, when the Circumstances of this Treafon are so monftrous and unnatural? When have more Reason to dread, that by Lenity in punishing, we may be blamed as cruel towards our Country, rather than, by the Severity of our Cenfure, too keen against its most implacable Enemies.

you

BUT, Fathers Confcript, I cannot diffemble what I hear. Some Difcourfe, which has reached my Ears, has been bandied about, among People who seem to fear that I have not Strength fufficient to put in Execution what you fhall this day decree. That every thing, Fathers

5

Fathers Conscript, has been provided, prepared, and fettled, is owing much to my indefatigable Care and Application; but more to the strong Inclination which the People of Rome difcovered for retaining their Imperial Sovereignty, and preserving their common Interests. Every Man of every Rank, nay, of every Age, is now waiting without; the Forum is crowded; the Temples round the Forum are crowded; and all the Paffages to this House are crowded. For fince the Building of this City, this is the only Cafe in which the Sentiments of the Public are unanimous and undivided, except of fuch as finding their own Ruin inevitable, chose rather to perish with all, than to fall by themselves. Those chearfully I exclude; those I separate from the reft; those I think are not to be ranked among the Number even of degenerated Citizens, but inveterate Enemies. But, Immortal Gods! for the reft, in what Crowds, with what Zeal, with what Courage, do they unite in their Concern and Care of the public Welfare and Dignity! Why need I here to mention the Roman Knights who, though to you they yield the Precedency in Rank and Government, yet rival you in Love for their Country; whom

after

after a Difference of many Years, reconciled to a good Understanding and Unanimity with this Order, the prefent Juncture, and the prefent Dangers, now cements with you. A Conjunction, which ftrengthened under my Confulate, if we shall perpetuate in the State, be affured by me, that no civil or domestic Calamity shall ever hereafter affect any Part of this Conftitution.

WITH equal Zeal in Defence of their Country, do I perceive the brave Tribunes of the Treasury to be affembled, together with all the Clerks, whom Chance had this Day fully affembled in the Treasury; and whom now I fee not intent upon their private Interefts, but upon the public Welfare. The VOL. II.

I

whole

u The Sempronian Law had admitted the Judges to be chofen out of the Knights; but L. Sylla again reftored it to the Senators only. Aurelius Cotta, a few Years before this, had again admitted the Knights to this Privilege. This had occafioned a Difference between the two Orders for almost a Century: But in the Affair of Catiline, they were both agreed. N. B. Though we tranflate the Word Judices by Fudges, yet it answers more nearly to our Jurors in the English Conftitution; they being appointed by the Prætor to examine the Circumftances of the Caufe, to bear the Witnesses, and to pass Sentence only in the Words prefcribed by the Prætor. That is, the Prætor declared that the Indictment being proved, the Party fhould be punished in fuch a Manner: Then the Judices examined the Witnesses, and heard the Pleadings on both Sides, and afterwards condemned, or acquitted the Party.

P These were Officers under the Quæftors, employed in receiving and diftributing the public Money.

9 The old Scholiaft here obferves, that the Clerks were affem. bled to divide among themselves the Offices for the ensuing Year,

is,

whole Body of free-born Citizens, even the meanest, affists. For to whom among them are not these Temples, the Face of this City, the Enjoyment of Liberty, in fhort, this very Light, and this Parent Soil, not only dear, but delightful and charming.

It is of Importance, Fathers Confcript, to obferve the Zeal of thofe Freed Men, who having by their Merits purchased the Freedom of this City, look on this Country as their own; whereas fome born here, and born too to the most diftinguished Honours, regard this not as their Country, but as a City in the Hands of their Enemies. But who do I mention those Men, and thefe Orders, whom private Intereft, whom the general Good, whom, in fhort, Liberty, the dearest Object of Life, has roused to the Prefervation of their Country. There is not a Slave, whofe Condition of Life is not intolerable, who is not fhocked at the Ruffian Boldnefs of our Countrymen; who does not wish these Walls to ftand; and whe will not contribute whatever he dares, whatever he can, to our Endeavours for the com→

mon

viz, who fhould be Secretary to the Confuls, who to the Prætors, &c. This was annually done, and, like the other Offices, at Rome, ufually determined by Lot.They feem to have been a Sort of incorporated Society.