[The History of Rome, Book V by Theodor Mommsen]@TWC D-Link bookThe History of Rome, Book V CHAPTER V 37/42
When Caesar in 690 brought the executioners of Sulla before the commission for murder( 20) he allowed the rest to be condemned, but the most guilty and infamous of all, Catilina, to be acquitted.
In the revelations of the 3rd of December, it is true, Cicero did not include among the names of the conspirators of whom he had information those of the two influential men; but it is notorious that the informers denounced not merely those against whom subsequently investigation was directed, but "many innocent" persons besides, whom the consul Cicero thought proper to erase from the list; and in later years, when he had no reason to disguise the truth, he expressly named Caesar among the accomplices.
An indirect but very intelligible inculpation is implied also in the circumstance, that of the four persons arrested on the 3rd of December the two least dangerous, Statilius and Gabinius, were handed over to be guarded by the senators Caesar and Crassus; it was manifestly intended that these should either, if they allowed them to escape, be compromised in the view of public opinion as accessories, or, if they really detained them, be compromised in the view of their fellow-conspirators as renegades. The following scene which occurred in the senate shows significantlyhow matters stood.
Immediately after the arrest of Lentulus and his comrades, a messenger despatched by the conspirators in the capital to Catilina was seized by the agents of the government, and, after having been assured of impunity, was induced to make a comprehensive confession in a full meeting of the senate. But when he came to the critical portions of his confession and in particular named Crassus as having commissioned him, he was interrupted by the senators, and on the suggestion of Cicero it was resolved to cancel the whole statement without farther inquiry, but to imprison its author notwithstanding the amnesty assured to him, until such time as he should have not merely retracted the statement, but should have also confessed who had instigated him to give such false testimony! Here it is abundantly clear, not merely that that man had a very accurate knowledge of the state of matters who, when summoned to make an attack upon Crassus, replied that he had no desire to provoke the bull of the herd, but also that the majority of the senate with Cicero at their head were agreed in not permitting the revelations to go beyond a certain limit.
The public was not so nice; the young men, who had taken up arms to ward off the incendiaries, were exasperated against no one so much as against Caesar, on the 5th of December, when he left the senate, they pointed their swords at his breast and even now he narrowly escaped with his life on the same spot where the fatal blow fell on him seventeen years afterwards; he did not again for a considerable time enter the senate-house. Any one who impartially considers the course of the conspiracy will not be able to resist the suspicion that during all this time Catilina was backed by more powerful men, who--relying on the want of a legally complete chain of evidence and on the lukewarmness and cowardice of the majority of the senate, which was but half- initiated and greedily caught at any pretext for inaction--knew how to hinder any serious interference with the conspiracy on the part of the authorities, to procure free departure for the chief of the insurgents, and even so to manage the declaration of war and the sending of troops against the insurrection that it was almost equivalent to the sending of an auxiliary army.
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