ital, and it was in reality left at the mercy of every gang
of banditti. The idea was suggested of precluding all possible
attempts at liberation by the immediate execution of the prisoners.
Constitutionally, this was not possible. According to the ancient
and sacred right of appeal, a sentence of death could only be
pronounced against the Roman burgess by the whole body of burgesses,
and not by any other authority; and, as the courts formed by the body
of burgesses had themselves become antiquated, a capital sentence
was no longer pronounced at all. Cicero would gladly have rejected
the hazardous suggestion; indifferent as in itself the legal
question might be to the advocate, he knew well how very useful
it is to an advocate to be called liberal, and he showed
little desire to separate himself for ever from the democratic party
by shedding this blood. But those around him, and particularly
his genteel wife, urged him to crown his services to his country
by this bold step; the consul like all cowards anxiously endeavouring
to avoid the appearance of cowardice, and yet trembling
before the formidable responsibility, in his distress
convoked the senate, and left it to that body to decide
as to the life or death of the four prisoners. This indeed
had no meaning; for as the senate was constitutionally even less
entitled to act than the consul, all the responsibility still
devolved rightfully on the latter: but when was cowardice ever
consistent? Caesar made every exertion to save the prisoners,
and his speech, full of covert threats as to the future inevitable
vengeance of the democracy, made the deepest impression. Although
all the consulars and the great majority of the senate had already
declared for the execution, most of them, with Cicero at their
head, seemed now once more inclined to keep within the limits
of the law. But when Cato in pettifogging fashion brought
the champions of the milder view into suspicion of being accomplices
of the plot, and pointed to the preparations for liberating
the prisoners by a street-riot, he succeeded in throwing the waverers
into a fresh alarm, and in securing a majority for the immediate
execution of the transgressors.

Execution of the Catalinarians

The execution of the decree naturally devolved on the consul,
who had called it forth. Late on the evening of the 5th of December
the prisoners were brought from their previous quarters, and conducted
across the market-pla