Page:Cicero And The Fall Of The Roman Republic.djvu/171

63 B.C.] away his own motion by an unworthy quibble. It was worded in the terms "that the extreme penalty be inflicted on the prisoners," and he now interpreted this to mean the same as Cæsar's proposal; "for perpetual imprisonment," he said "is the extreme penalty which can be inflicted on a Roman citizen." Many of Cicero's friends approved of Cæsar's motion, as it would undoubtedly relieve the consul from the risk and responsibility which he would incur by the actual infliction of death. His brother Quintus is said to have been among those who wavered.

At this point Cicero intervened in the debate with the speech which he afterwards published as the Fourth Catilinarian Oration. As consul, he was not like the rest called upon to deliver his opinion in the order of his place, but might interpose with a magisterial statement at any moment which he deemed expedient. In another respect the consul differs from the ordinary senator. He is present to ask and receive the advice of the Senate, not to give advice himself. He must therefore refrain, much as an English judge charging a jury refrains, from expressing his adhesion to one side or the other, though by his method of summing up and laying the question before the House he may indicate pretty clearly what is his own opinion. In this speech Cicero insists on two points: first he wishes that the Senate shall decide according to what it deems good for the State without regard to what may be the personal