In a tolerably well-ordered commonwealth the matter would now have been politically at an end, and the military and the tribunals would have undertaken the rest. But in Rome matters had come to such a pitch, that the government was not even in a position to keep a couple of noblemen of note in safe custody. The slaves and freedmen of Lentulus and of the others arrested were stirring; plans, it was alleged, were contrived to liberate them by force from the private houses in which they were detained; there was no lack— thanks to the anarchist doings of recent years—of ringleaders in Rome who contracted at a certain rate for riots and deeds of violence; Catilina, in fine, was informed of what had occurred, and was near enough to attempt a coup de main with his bands. How much of these rumours was true, we cannot tell; but there was ground for apprehension, because, agreeably to the constitution, neither troops nor even a respectable police force were at the command of the government in the capital, 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-place still densely crowded by men to the prison in which criminals condemned to death were wont to be kept. It was a subterranean vault, twelve feet deep, at the foot of the Capitol, which formerly had served as a well-house. The consul himself conducted Lentulus, and praetors the others, all attended by strong guards; but the attempt at rescue, which had been expected, did not take place. No one knew whether the prisoners were being conveyed to a secure place of custody or to the scene of execution. At the door of the prison they were handed over to the -tresviri- who conducted the executions, and were strangled in the subterranean vault by torchlight. The consul had waited before the door till the executions were accomplished, and then with his loud well-known voice proclaimed over the Forum to the multitude waiting in silence, "They are dead." Till far on in the night the crowds moved through the streets and exultingly saluted the consul, to whom they believed that they owed the security of their houses and their property. The senate ordered public festivals of gratitude, and the first men of the nobility, Marcus Cato and Quintus Catulus, saluted the author of the sentence of death with the name—now heard for the first time—of a "father of his fatherland."
But it was a dreadful deed, and all the more dreadful that it appeared to a whole people great and praiseworthy. Never perhaps has a commonwealth more lamentably declared itself bankrupt, than did Rome through this resolution—adopted in cold blood by the majority of the government and approved by public opinion— to put to death in all haste a few political prisoners, who were no doubt culpable according to the laws, but had not forfeited life; because, forsooth, the security of the prisons was not to be trusted, and there was no sufficient police. It was the humorous trait seldom wanting to a historical tragedy, that this act of the most brutal tyranny had to be carried out by the most unstable and timid of all Roman statesmen, and that the "first democratic consul" was selected to destroy the palladium of the ancient freedom of the Roman commonwealth, the right of -provocatio-.
Suppression of the Etruscan Insurrection
After the conspiracy had been thus stifled in the capital even before it came to an outbreak, there remained the task of putting an end to the insurrection in Etruria. The army amounting to about 2000 men, which Catilina found on his arrival, had increased nearly fivefold by the numerous recruits who flocked in, and already formed two tolerably full legions, in which however only about a fourth part of the men were sufficiently armed. Catilina had thrown himself with his force into the mountains and avoided a battle with the troops of Antonius, with the view of completing the organization of his bands and awaiting the outbreak of the insurrection in Rome. But the news of its failure broke up the army of the insurgents; the mass of the less compromised thereupon returned home. The remnant of resolute, or rather desperate, men that were left made an attempt to cut their way through the Apennine passes into Gaul; but when the little band arrived at the foot of the mountains near Pistoria (Pistoja), it found itself here caught between two armies. In front of it was the corps of Quintus Metellus, which had come up from Ravenna and Ariminum to occupy the northern slope of the Apennines; behind it was the army of Antonius, who had at length yielded to the urgency of his officers and agreed to a winter campaign. Catilina was wedged in on both sides, and his supplies came to an end; nothing was left but to throw himself on the nearest foe, which was Antonius. In a narrow valley enclosed by rocky mountains the conflict took place between the insurgents and the troops of Antonius, which the latter, in order not to be under the necessity of at least personally performing execution on his former allies, had under a pretext entrusted for this day to a brave officer who had grown gray under arms, Marcus Petreius. The superior strength of the government army was of little account, owing to the nature of the field of battle. Both Catilina and Petreius placed their most trusty men in the foremost ranks; quarter was neither given nor received. The conflict lasted long, and many brave men fell on both sides; Catilina, who before the beginning of the battle had sent back his horse and those of all his officers, showed on this day that nature had destined him for no ordinary things, and that he knew at once how to command as a general and how to fight as a soldier. At length Petreius with his guard broke the centre of the enemy, and, after having overthrown this, attacked the two wings from within. This decided the victory. The corpses of the Catilinarians—there were counted 3000 of them—covered, as it were in rank and file, the ground where they had fought; the officers and the general himself had, when all was lost, thrown themselves headlong on the enemy and thus sought and found death (beginning of 692). Antonius was on account of this victory stamped by the senate with the title of Imperator, and new thanksgiving-festivals showed that the government and the governed were beginning to become accustomed to civil war.
Attitude of Crassus and Caesar toward the Anarchists
The anarchist plot had thus been suppressed in the capital as in Italy with bloody violence; people were still reminded of it merely by the criminal processes which in the Etruscan country towns and in the capital thinned the ranks of those affiliated to the beaten party, and by the large accessions to the robber-bands of Italy— one of which, for instance, formed out of the remains of the armies of Spartacus and Catilina, was destroyed by a military force in 694 in the territory of Thurii. But it is important to keep in view that the blow fell by no means merely on the anarchists proper, who had conspired to set the capital on fire and had fought at Pistoria, but on the whole democratic party. That this party, and in particular Crassus and Caesar, had a hand in the game on the present occasion as well as in the plot of 688, may be regarded—not in a juristic, but in a historical, point of view— as an ascertained fact. The circumstance, indeed, that Catulus and the other heads of the senatorial party accused the leader of the democrats of complicity in the anarchist plot, and that the latter as senator spoke and voted against the brutal judicial murder contemplated by the oligarchy, could only be urged by partisan sophistry as any valid proof of his participation in the plans of Catilina. But a series of other facts is of more weight. According to express and irrefragable testimonies it was especially Crassus and Caesar that supported the candidature of Catilina for the consulship. 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. While the course of the events themselves thus testifies that the threads of the Catilinarian plot reached far higher than Lentulus and Catilina, it deserves also to be noticed, that at a much later period, when Caesar had got to the head of the state, he was in the closest alliance with the only Catilinarian still surviving, Publius Sittius the leader of the Mauretanian free bands, and that he modified the law of debt quite in the sense that the proclamations of Manlius demanded.
All these pieces of evidence speak clearly enough; but, even were it not so, the desperate position of the democracy in presence of the military power—which since the Gabinio-Manilian laws assumed by its side an attitude more threatening than ever—renders it almost a certainty that, as usually happens in such cases, it sought a last resource in secret plots and in alliance with anarchy. The circumstances were very similar to those of the Cinnan times. While in the east Pompeius occupied a position nearly such as Sulla then did, Crassus and Caesar sought to raise over against him a power in Italy like that which Marius and Cinna had possessed, with the view of employing it if possible better than they had done. The way to this result lay once more through terrorism and anarchy, and to pave that way Catilina was certainly the fitting man. Naturally the more reputable leaders of the democracy kept themselves as far as possible in the background, and left to their unclean associates the execution of the unclean work, the political results of which they hoped afterwards to appropriate. Still more naturally, when the enterprise had failed, the partners of higher position applied every effort to conceal their participation in it. And at a later period, when the former conspirator had himself become the target of political plots, the veil was for that very reason drawn only the more closely over those darker years in the life of the great man, and even special apologies for him were written with that very object.(21)