know of the order of debate, is propounded by Appian[1] and Plutarch; the other, vouched for by Cicero in his published speech and by Sallust, fits in with the other facts as they are known to us but presents serious internal difficulties. This is not the place for a full discussion of these vexed questions: I will only say that I believe that the contemporary authorities, Cicero and Sallust, have preserved the true account of the order of debate and of Cæsar's proposal, and that I shall follow them rather than Appian and Plutarch in the subsequent narrative.
Cicero first put the question to Silanus, the consul elect, who thereupon moved that the five prisoners should be put to death. He was followed by the other senators of consular rank, who all supported the motion. The prætorian benches were next to be consulted. Among the first in this rank came Cæsar, who was praetor-elect and would enter on office at the end of the month. Cæsar, if we may trust Sallust's version[2] of his speech, while fully agreeing as to the guilt of the accused and acknowledging that no punishment could be too severe for their crimes, urged that the Senate should nevertheless consider not the deserts of the prisoners but its own character as the guardian of the laws and the constitution. He pointed out with much force that it is just by cases like this that bad precedents are set up and the habit of obedience to the law broken through; it was thus that the Thirty at Athens had begun their
