Civil Wars

In Rome, at the beginning of the new year, the consuls, Hirtius and Pansa, convened the Senate on the subject of Antony immediately after the sacrifices had been [*](B.C. 43) performed and in the very temple. Cicero and his friends urged that Antony be now declared a public enemy, since he had seized Cisalpine Gaul with an armed force against the will of the Senate and made of it a point of attack on the republic, and had brought into Italy an army given to him to operate against the Thracians. They spoke also of his seeking the supreme power as Cæsar's successor, because he publicly surrounded himself in the city with such a large body of armed centurions, and converted his house into a fortress with arms and countersigns, and had borne himself more haughtily in other respects than was befitting a yearly magistrate. Lucius Piso, who had charge of Antony's interests in his absence, a man among the most illustrious in Rome, and others who sided with him on his own account, or on Antony's, or because of their own opinion, contended that Antony ought to have a trial, that it was not the custom of their ancestors to condemn a man unheard, that it was not decent to declare a man an enemy to-day who was a consul yesterday, and especially one whom Cicero himself as well as the rest had so often lavishly praised. The Senate, which was about equally divided in opinion, remained in session till night. Early the next morning it reassembled to consider the same question and then the party of Cicero was in the majority and Antony would have been voted a public enemy had not the tribune Salvius adjourned the sitting to the following day; for among the magistrates the one who has the veto power always prevails.

The Ciceronians heaped gross reproaches and insults[*](w)nei/dizo/n te kai\ e)nu/brizon: "heaped reproaches and insults." The first three of these words are not in any printed text except that of Mendelssohn, who finds them in the Vatican codex.) on Salvius for this, and sallied out among the plebeians to excite them against him and summoned him to answer before them. He set forth to obey the summons undismayed until he was restrained by the Senate, which feared lest he should change the people around by recalling Antony to their memory; for the senators well knew that they were condemning an illustrious man without a trial, and that the people had given him this very Gallic province. But since they feared for the safety of the murderers they were angry with Antony because he had made the first movement against them after the amnesty, for which reason the Senate had previously needed the help of Octavius against him. Although Octavius knew this he desired nevertheless to take the lead in humbling Antony. Such were the reasons why the Senate was angry with Antony. Although the vote on him was adjourned by the command of the tribune, they passed a decree praising Decimus for not abandoning Cisalpine Gaul to Antony, and directing Octavius to assist the consuls, Hirtius and Pansa, with the army he now had. They awarded him a gilded statue and the right to declare his opinion among the consulars in the Senate even now, and the right to stand for the consulship itself ten years before the legal period, and voted from the public treasury to the legions that deserted from Antony to him the same amount that he had promised to give them if they should be victorious. After passing these decrees they adjourned, thinking that Antony would in fact know from the votes taken that he was declared a public enemy and believing, also, that on the following day the tribune would no longer interpose his veto. The mother, the wife, and the son of Antony (who was still a young man), and his other relatives and friends went around the whole night visiting the houses of influential men and beseeching them. In the morning they put themselves in the way of those going to the senate-house, fell at their feet with wailing and lamentation and in mourning garments, crying out alongside the doors. Some of the senators were moved by these cries, this spectacle, this so sudden change of fortune. Cicero, fearing the result, addressed the Senate as follows: --

"What decision ought to be reached concerning Antony we determined yesterday. When we bestowed honors on his enemies we thereby voted him an enemy. Salvius, who alone interrupted the proceedings, must either have been wiser than all the rest, or moved to do so by private friendship, or by ignorance of present circumstances. It would be most disgraceful to us, on the one hand, if all should seem to know less than one, and to Salvius, on the other hand, if he should prefer private friendship to the public weal. If he is not well acquainted with the present circumstances he ought to repose confidence in the consuls, rather than in himself, in the prætors, in his fellow-tribunes, and the other senators, so imposing in dignity and in numbers, so much his superiors in age and experience, who have condemned Antony. In our elections and in our jury trials justice is ever on the side of the majority. If it be needful still to acquaint him with the reasons for our action I will briefly recount the principal ones by way of reminder. At Cæsar's death Antony possessed himself of our money. Having been invested with the government of Macedonia by us he seized upon that of Cisalpine Gaul without our authority. Having received an army to operate against the Thracians he brought it into Italy against us instead. Each of these powers with his own secret motives he asked from us, and when they were refused he acted on his own authority. At Brundusium he organized a royal cohort for his own use and openly made men-at-arms his private guards and night watchmen, serving under a countersign. The whole remainder of the army he led from Brundusium to the city, aiming by a shorter path at the same designs that Cæsar contemplated. Being anticipated by the younger Cæsar and his army he became alarmed and turned his course to the Gallic province as a convenient point of attack on us, just as Cæsar found it when he made himself our master.

"In order to intimidate the soldiers to do every unlawful act he should order, he decimated them although they had not revolted and had not abandoned their watch or their ranks in time of war, for which offences alone military law allows such cruel punishment, which only a few generals have visited upon their soldiers and with reluctance, in cases of extreme peril, as a matter of necessity. These citizens Antony put to death for a word or a laugh when they had not been regularly condemned but chosen by lot. For this reason those who could do so revolted from him, and you yesterday voted them a donative as well-doers. Those who could not desert joined him in wrong-doing under the influence of fear, marched against our province as enemies, and besieged our army and our general, to whom you sent letters directing him to hold the province. Antony now orders him to evacuate it. Are we voting Antony an enemy, or is he already making war against us? And these things our tribune is still ignorant of, and will remain so until Decimus is overthrown and this great province on our border, together with the army of Decimus, is added to the resources with which Antony hopes to attack us. I suppose that the tribune will vote Antony an enemy as soon as the latter becomes more powerful than we are."[*](The fifth Philippic of Cicero was delivered in the Senate on the first day of January, 711, and the sixth to a popular assembly on the fourth day of the same month. They bear only slight resemblance to this speech, but are fierce invectives against Antony.)

Scarcely had Cicero finished speaking when his friends broke forth in such tumultuous applause that for a long time nobody could be heard on the other side, until finally Piso came forward, when the senators, out of respect for him, became silent and even the Ciceronians restrained themselves. Then Piso said: " Our law, Conscript Fathers, requires that the accused shall himself hear the charge preferred against him and shall be judged after he has made his own defence; and for the truth of this I appeal to Cicero, our greatest orator. Since he hesitates to accuse Antony when present, but brings against him in his absence certain charges which he considers of the greatest gravity, and not open to doubt, I have come forward to show, in the fewest words, that these charges are false. He says that Antony converted the public money to his own use after Cæsar's death. The law declares such a person to be a thief, not a public enemy, and limits his punishment accordingly. After Brutus had killed Cæsar he accused the latter before the people of plundering the public money and leaving the treasury empty. Soon afterward Antony proposed a decree to investigate these matters and you adopted and confirmed his motion and promised a reward of one-tenth to informers, which reward we will double if anybody will prove that Antony had any part in the fraud. So much for the charge in reference to money.

"We did not vote the governorship of Cisalpine Gaul to Antony. The people gave it to him by a law, Cicero being present; just as other provinces had often been given, and as this same governorship had previously been given to Cæsar. It was a part of this law that, when Antony should arrive at the province given to him, if Decimus would not yield it Antony should declare war and lead the army into the Gallic province against him, instead of using it against the Thracians, who were still quiet. But Cicero does not consider Decimus, who is bearing arms against the law, an enemy, although he considers Antony an enemy who is fighting in accordance with law. He who accuses the law itself accuses the authors of the law, whom he ought to change by persuasion, not to insult after having himself agreed with them.[*](This is absurd and impossible. The Epitome of Livy (cxvii.) says that the law for the exchange of provinces was passed by Antony by violence. It was probably among those mentioned by Cicero in the fifth Philippic (3 and 4) as passed under military compulsion and in violation of the auspices. Not only was a tremendous thunder-storm raging "so that Jove himself seemed to be prohibiting it by clamor from the skies," but the approaches to the forum were so fenced in "that it would have been impossible to gain entrance without tearing down the barricade even if no armed soldiers had stood in the way.") He ought not to intrust the province to Decimus, whom the people drove out of the city on account of the murder, while refusing to intrust to Antony what the people gave to him. It is not the part of good counsellors to be at variance with the people, especially in times of danger, or to forget that this very power of deciding who are friends and who are enemies formerly belonged to the people. According to the ancient laws the people are the sole arbiters of peace and war. Heaven grant that they may not be reminded of this, and consequently be angry with us when they have found a leader.

"But it is said that Antony put certain soldiers to death. Being commander-in-chief he was empowered to do so by you. No commander has ever rendered an account of such matters. The laws do not consider it expedient that the general should be answerable to his soldiers. There is nothing worse in an army than disobedience, on account of which some soldiers have been put to death even after a victory, and no one called to account those who killed them. None of their relatives complain now, but Cicero complains and while accusing Antony of murder stigmatizes him as a public enemy, instead of calling for the punishment prescribed for murderers. The desertion of two of his legions shows how insubordinate and arrogant Antony's army was--which legions you had voted that he should command, and who deserted, in violation of military law, not to you, but to Octavius. Nevertheless Cicero praised them and yesterday proposed that they be paid out of the public treasury. Heaven grant that this example may not plague you hereafter. Hatred has betrayed Cicero into inconsistency, for he accused Antony of aiming at supreme power and yet punishing his soldiers, whereas such conspirators are always lenient, not severe, toward the men serving under them. As Cicero does not hesitate to arraign as tyrannical all the rest of Antony's administration since Cæsar's death, come, let me examine his acts one by one.