Against Catiline, Fourth Speech
In Catilinam IV
Headnote
The fourth Catilinarian, delivered in the Senate on 5 December 63 BC — the famous Nones of December debate on the punishment of the conspirators in custody (Lentulus, Cethegus, Statilius, Gabinius, Ceparius). Cicero presides as consul. The Senate is divided. Decimus Silanus, the consul-designate who is asked first, has spoken for death; Tiberius Nero has spoken for postponing the question; Gaius Caesar, when his turn came, has spoken for the alternative of confiscation of goods and life imprisonment apportioned among the Italian municipalities, with no possibility of subsequent remission either by the Senate or by a popular assembly. Cicero rises to expound the two opinions and let the Senate choose, but it is plain from the speech which he prefers and why. The Sallustian record makes the next speakers Lutatius Catulus and Cato; Cato will speak next for death, the Senate will follow him, and that night the prisoners will be taken by Cicero in person to the Tullianum and strangled in turn.
Cicero’s argument is the consul’s. The opening disclaimer of personal danger and concern for his family (§1–3) sets up the moral position from which the rest is spoken; the analysis of the two opinions in §7–11 is one of the most exact pieces of parliamentary politics in the corpus. Caesar’s opinion is generously described — a hostage of his perpetual goodwill toward the commonwealth, a true mind popularis distinguished from the levity of mob-orators — but Cicero points out, by way of asking how Caesar can hold the conspirators not citizens for the purposes of the Lex Sempronia, that the consequence of Caesar’s own reasoning is that the death penalty is licit, since the conspirators are no longer citizens at all. The roll-call of the orders (§14–17) is a portrait of the city standing together: the Roman knights, the tribunes of the treasury, the scribes, the freeborn of every grade, the freedmen, the shopkeepers (whose “stock-in-trade is sustained by a throng of citizens, is nourished by quiet”), even the slaves of any tolerable condition. The consular pivot is the closing section’s catalogue of what Cicero has refused on behalf of the city: the army, the province, the triumph, the badges of praise; in return he asks only the memory of his consulship, and commends to the Senate his little son.
The conspirators were executed that night — vixerunt, “they have lived,” was Cicero’s word to the crowd as he came down from the Tullianum. The execution without trial of Roman citizens by senatorial decree, on the authority of the senatus consultum ultimum, would five years later furnish Clodius the pretext for Cicero’s exile. The voice that closes this speech — “you have a consul who will not hesitate either to obey your decrees and to defend, as long as he lives, what you shall have decided” — was hearing in the same room, on this same night, the steps of the same future.