4.
[7]
I see that as yet there are two opinions. One that of Decius Silanus, who thinks that those
who have endeavoured to destroy all these things should be punished with death the other,
that of Caius Caesar, who objects to the punishment of death, but adopts the most extreme
severity of all other punishment. Each acts in a manner suitable to his own dignity and to
the magnitude of the business with the greatest severity. The one thinks that it is not right
that those, who have attempted to deprive all or us and the while Roman people of life, to
destroy the empire, to extinguish the name of the Roman people, should enjoy life and the
breath of heaven common to us all, for one moment; and he remembers that this sort of
punishment has often been employed against worthless citizens in this republic. The other
feels that death was not appointed by the immortal gods for the sake of punishment, but that
it is either a necessity of nature, or a rest from toils and miseries; therefore wise men
have never met it unwillingly, brave men have often encountered it even voluntarily. But
imprisonment and that too perpetual, was certainly invented for the extraordinary punishment
of nefarious wickedness; therefore he proposes that they should be distributed among the
municipal towns. This proposition seems to have in it injustice if you command; it difficulty
if you request it.
[8]
Let it, however, be so decreed if you like. For I will undertake, and, as I hope, I shall
find one who will not think it suitable to his dignity to refuse what you decide on for the
sake of the universal safety. He imposes besides a severe punishment on the burgesses of the
municipal town if any of the prisoners escape; he surrounds them with the most terrible
guard, and with everything worthy of the wickedness of abandoned men. And he proposes to
establish a decree that no one shall be able to alleviate the punishment of those whom he is
condemning by a vote of either the senate or the people. He takes away even hope, which alone
can comfort men in their miseries; besides this, he votes that their goods should be
confiscated; he leaves life alone to these infamous men, and if he had taken
that away; he would have relieved them by one pang of many tortures of mind and body, and of
all the punishment of their crimes. Therefore, that there might be some dread in life to the
wicked, men of old have believed that there were some punishments of that sort appointed for
the wicked in the shades below; because in truth they perceived that if this were taken away
death itself would not be terrible.
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