Lustrum

Nepos declared that execution without the right of appeal would be illegal, and echoed Nero's demands for Pompey to be recalled. After this had gone on for another hour or two, with only a few voices now hankering after death, Cicero called a brief adjournment before the vote to allow some senators to go outside and relieve themselves and others to take refreshment. In the meantime, he held a quick private conclave with Quintus and me. It was already starting to get gloomy again and there was nothing we could do to alleviate it – lighting a fire or any kind of lamp within the walls of a temple was of course forbidden. Suddenly I realised there was not much time left. 'Well,' Cicero asked us softly, leaning out of his chair, 'what do you think?'
    'Caesar's motion will pass,' answered Quintus in a whisper, 'no question of it. Even the patricians are weakening.'
    Cicero groaned. 'So much for their promises …'
    'Surely this is good for you,' I said eagerly, for I was all in favour of a compromise. 'It lets you off the hook.'
    'But his proposal is a nonsense!' hissed Cicero, with an angry glance in Caesar's direction. 'No senate can pass a law that will bind its successors in perpetuity, and he well knows it. What if a magistrate lays a motion next year to say that it isn't treason to agitate for the prisoners' release after all, and it passes through a public assembly? He just wants to keep the crisis alive for his own ends.'
    'Then at least it will become your successors' problem,' I answered, 'and not yours.'
    'You'll look weak,' warned Quintus. 'What will history say? You'll have to speak.'
    Cicero's shoulders sagged. This was precisely the predicament he had dreaded. I had never seen him in such an agony of indecision. 'You're right,' he concluded, 'although I can see no outcome from this that isn't ruinous to me.'
    Accordingly, when the adjournment ended, he announced that he would give his view after all. 'I see that your faces and eyes, gentlemen, are all turned upon me, so I shall say what as consul I must say. We have before us two proposals: one of Silanus – though he will no longer vote for it – urging death for the conspirators; the other of Caesar for life imprisonment – an exemplary punishment for a heinous crime. It is, as he says, far worse than death, for Caesar removes even hope, the sole consolation of men in their misfortune. He further orders that their property be confiscated, to add poverty to their other torments. The only thing he leaves these wicked men is their life – whereas if he had taken that from them, he would in one painful act have relieved them of much mental and bodily suffering.
    'Now, gentlemen, it is clear to me where my own interest lies. If you adopt the motion of Caesar, since he is a populist, I shall have less reason to fear the attacks of the people, because I shall be doing what he has proposed. Whereas if you adopt the alternative, I fear that more trouble may be brought down upon my head. But let the interests of the republic count for more than considerations of danger to myself. We must do what is right. Answer me this: if the head of a household were to find his children killed by a slave, his wife murdered and his house burned, and did not inflict the supreme penalty in return, would he be thought kindly and compassionate or the most inhumanand cruel of men not to avenge their suffering? To my mind, a man who does not soften his own grief and suffering by inflicting similar distress upon the man responsible is unfeeling and has a heart of stone. I support the proposal of Silanus.'
    Caesar quickly rose to intervene. 'But surely the flaw in the consul's argument is that the accused have not committed any such acts – they are being condemned for their intentions, rather than for anything they have done.'
    'Exactly!' cried a voice from the other side of the chamber, and all heads turned to Cato.
    If the vote had been taken at this point, I have little doubt that Caesar's proposal would have carried the day, regardless of the consul's view. The prisoners would have been packed off across Italy, to rot or be reprieved according to the caprices of politics, and Cicero's future would have worked out very differently. But just as the outcome seemed assured, there arose from the benches near the back of the temple a familiar gaunt and illkempt apparition, his hair all awry, his shoulders bare despite the cold, his sinewy arm stretched out to indicate his desire to