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Conspiracy of Catiline and the Jurgurthine War

Sallust (Gaius Sallustius Crispus) · c. 44-40 BCE primary

passage 24 of 160 · (24/151)

in brief
Caesar argues for measured, lawful punishment, warning against precedent and passion, and proposes confiscation and custody rather than executing conspirators immediately.

adopted injudicious courses of conduct; but I had rather speak of these instances in which our ancestors, in opposition, to the impulse of passion, acted with wisdom and sound policy.

In the Macedonian war, which we carried on against king Perses, the great and powerful state of Rhodes, which had risen by the aid of the Roman people, was faithless and hostile to us; yet, when the war was ended, and the conduct of the Rhodians was taken into consideration, our forefathers left them unmolested lest any should say that war was made upon them for the sake of seizing their wealth, rather than of punishing their faithlessness. Throughout the Punic war, too, though the Carthaginians, both during peace and in suspension of arms, were guilty of many acts of injustice, yet our ancestors never took occasion to retaliate, but considered rather what was worthy of themselves, than what might be justly inflicted on their enemies.

Similar caution, Conscript Fathers, is to be observed by yourselves, that the guilt of Lentulus, and the other conspirators, may not have greater weight with you than your own dignity, and that you may not regard your indignation more than your character. If, indeed, a punishment adequate to their crimes be discovered, I consent to extraordinary measures;[240] but if the enormity of their crime exceeds whatever can be devised,[241] I think that we should inflict only such penalties as the laws have provided.

Most of those, who have given their opinions before me, have deplored, in studied and impressive language,[242] the sad fate that threatens the republic; they have recounted the barbarities of war, and the afflictions that would fall on the vanquished; they have told us that maidens would be dishonored, and youths abused; that children would be torn from the embraces of their parents; that matrons would be subjected to the pleasure of the conquerors; that temples and dwelling-houses would be plundered; that massacres and fires would follow; and that every place would be filled with arms, corpses, blood, and lamentation. But to what end, in the name of the eternal gods! was such eloquence directed? Was it intended to render you indignant at the conspiracy? A speech, no doubt, will inflame him whom so frightful and monstrous a reality has not provoked! Far from it: for to no man does evil, directed against himself, appear a light matter; many, on the contrary, have felt it more seriously than was right.

But to different persons, Conscript Fathers, different degrees of license are allowed. If those who pass a life sunk in obscurity, commit any error, through excessive anger, few become aware of it, for their fame is as limited as their fortune; but of those who live invested with extensive power, and in an exalted station, the whole world knows the proceedings. Thus in the highest position there is the least liberty of action; and it becomes us to indulge neither partiality nor aversion, but least of all animosity; for what in others is called resentment, is in the powerful termed violence and cruelty.

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topics: equity, mercy, and pardon · justice as a virtue

Conspiracy of Catiline and the Jurgurthine War · Sallust (Gaius Sallustius Crispus) · 44–40 BCE