[186] Asconius, "In toga candida," reports that Fenestella, a writer of the time of Augustus, had declared that Cicero had defended Catiline; but Asconius gives his reasons for disbelieving the story.
[187] Cicero, however, declares that he has made a difference between traitors to their country and other criminals. Pro P. Sulla, ca. iii.: "Verum etiam quædam contagio sceleris, si defendas eum, quem obstrictum esse patriæ parricidio suspicere." Further on in the same oration, ca. vi., he explains that he had refused to defend Autronius because he had known Autronius to be a conspirator against his country. I cannot admit the truth of the argument in which Mr. Forsyth defends the practice of the English bar in this respect, and in doing so presses hard upon Cicero. "At Rome," he says, "it was different. The advocate there was conceived to have a much wider discretion than we allow." Neither in Rome nor in England has the advocate been held to be disgraced by undertaking the defence of bad men who have been notoriously guilty. What an English barrister may do, there was no reason that a Roman advocate should not do, in regard to simple criminality. Cicero himself has explained in the passage I have quoted how the Roman practice did differ from ours in regard to treason. He has stated also that he knew nothing of the first conspiracy when he offered to defend Catiline on the score of provincial peculations. No writer has been heavy on Hortensius for defending Verres, but only because he took bribes from Verres.
[188] Publius Cornelius Sulla, and Publius Autronius Pœtus.
[189] Pro P. Sulla, iv. He declares that he had known nothing of the first conspiracy and gives the reason: "Quod nondum penitus in republica versabar, quod nondum ad propositum mihi finem honoris perveneram, quod mea me ambitio et forensis labor ab omni illa cogitatione abstrahebat."
[190] Sallust, Catilinaria, xviii.
[191] Livy, Epitome, lib. ci.
[192] Suetonius, J. Cæsar, ix.
[193] Mommsen, book v., ca. v., says of Cæsar and Crassus as to this period, "that this notorious action corresponds with striking exactness to the secret action which this report ascribes to them." By which he means to imply that they probably were concerned in the plot.
[194] Sallust tells us, Catilinaria, xlix., that Cicero was instigated by special enemies of Cæsar to include Cæsar in the accusation, but refused to mix himself up in so great a crime. Crassus also was accused, but probably wrongfully. Sallust declares that an attempt was made to murder Cæsar as he left the Senate. There was probably some quarrel and hustling, but no more.
[195] Sallust, Catilinaria, xxxvii.: "Omnino cuncta plebes, novarum rerum studio, Catilinæ incepta probabat." By the words "novarum rerum studio"—by a love of revolution—we can understand the kind of popularity which Sallust intended to express.