Philippicae

Cicero, Marcus Tullius

Cicero. The Orations of Marcus Tullius Cicero, Vol. 4. Yonge, Charles Duke, translator. London: Bell, 1856.

O ye immortal gods! where are the habits and virtues of our forefathers? Caius Popillius, in the time of our ancestors, when he had been sent as ambassador to Antiochus the king, and had given him notice, in the words of the senate, to depart from Alexandria, which he was besieging, on the king's seeking to delay giving his answer, drew a line round him where he was standing with his rod, and stated that he should report him to the senate if he did not answer him as to what he intended to do before he moved out of that line which surrounded him. He did well. For he had brought with him the countenance of the senate, and the authority of the Roman people; and if a man does not obey that, we are not to receive commands from him in return, but he is to be utterly rejected. Am I to receive commands from a man who despises the commands of the senate? Or am I to think that he has any thing in common with the senate, who besieges a general of the Roman people in spite of the prohibition of the senate? But what commands they are! With what arrogance, with what stupidity, with what insolence are they conceived! But what made him charge our ambassadors with them when he was sending Cotyla to us, the ornament and bulwark of his friends, a man of aedilitian rank? if, indeed, he really was an aedile at the time when the public slaves flogged him with thongs at a banquet by command of Antonius.

But what modest commands they are! We must be iron-hearted men, O conscript fathers, to deny any thing to this man! “I give up both provinces,” says he; “I disband my army; I am willing to become a private individual.” For these are his very words. He seems to be coming to himself. “I am willing to forget everything; to be reconciled to every body.” But what does he add? “If you give booty and land to my six legions, to my cavalry, and to my praetorian cohort.” He even demands rewards for those men for whom, if he were to demand pardon, he would be thought the most impudent of men. He adds farther, “Those men to whom the lands have been given which he himself and Dolabella distributed, are to retain them.” This is the Campanian and Leontine district, both which our ancestors considered a certain resource in times of scarcity.

He is protecting the interests of his buffoons and gamesters and pimps. He is protecting Capho's and Saxa's interests too, pugnacious and muscular centurions, whom he placed among his troops of male and female buffoons. Besides all this, he demands “that the decrees of himself and his colleague concerning Caesar's writings and memoranda are to stand.” Why is he so anxious that every one should have what he has bought, if he who sold it all has the price which he received for it? “And that his accounts of the money in the temple of Ops are not to be meddled with.” That is to say, that those seven hundred millions of sesterces are not to be recovered from him. “That the septemviri are to be exempt from blame or from prosecution for what they have done.” It was Nucula, I imagine, who put him in mind of that; he was afraid, perhaps, of losing so many clients. He also wishes to make stipulations in favor of “those men who are with him who may have done any thing against the laws. “He is here taking care of Mustela and Tiro; he is not anxious about himself. For what has he done? has he ever touched the public money, or murdered a man, or had armed men about him? But what reason has he for taking so much trouble about them? For he demands, “that his own judiciary law be not abrogated.” And if he obtains that, what is there that he can fear? can he be afraid that any one of his friends may be convicted by Cydas, or Lysiades, or Curius? However, he does not press us with many more demands. “I give up,” says he, “Gallia Togata; I demand Gallia Comata.”[*](The province between the Alps and the Rubicon was called Gallia Citerior, or Cisalpina, from its situation; also Togata, from the inhabitants wearing the Roman toga. The other was called Ulterior, and by Cicero often Ultima, or Transalpina; and also Comata from the fashion of the inhabitants wearing long hair.)—he evidently wishes to be quite at his ease,—“with six legions, and those made up to their full complement out of the army of Decimus Brutus;”—not only out of the troops whom he has enlisted himself; “and he is to keep possession of it as long as Marcus Brutus and Caius Cassius, as consuls, or as proconsuls, keep possession of their provinces.” In the comitia held by him, his brother Caius (for it is his year) has already been repulsed. “And I myself,” says he, “am to retain possession of my province five years.” But that is expressly forbidden by the law of Caesar, and you defend the acts of Caesar.

Were you, O Lucius Piso, and you, O Lucius Philippus, you chiefs of the city, able, I will not say to endure in your minds, but even to listen with your ears to these commands of his? But, I suspect there was some alarm at work; nor, while in his power, could you feel as ambassadors, or as men of consular rank, nor could you maintain your own dignity, or that of the republic. And nevertheless somehow or other owing to some philosophy, I suppose, you did what I could not have done,—you returned without any very angry feelings, Marcus Antonius paid you no respect, though you were most illustrious men, ambassadors of the Roman people. As for us, what concessions did not we make to Cotyla the ambassador of Marcus Antonius? though it was against the law for even the gates of the city to be opened to him, yet even this temple was opened to him. He was allowed to enter the senate; here yesterday he was taking down our opinions and every word we said in his note-books; and men who had been preferred to the highest honors sold themselves to him in utter disregard of their own dignity.

O ye immortal gods! how great an enterprise is it to uphold the character of a leader in the republic; for it requires one to be influenced not merely by the thoughts but also by the eyes of the citizens. To take to one's house the ambassador of an enemy, to admit him to one's chamber, even to confer apart with him, is the act of a man who thinks nothing of his dignity, and too much of his danger. But what is danger? For if one is engaged in a contest where every thing is at stake, either liberty is assured to one if victorious, or death if defeated; the former of which alternatives is desirable, and the latter some time or other inevitable. But a base flight from death is worse than any imaginable death. For I will never be induced to believe that there are men who envy the consistency or diligence of others, and who are indignant at the unceasing desire to assist the republic being approved by the senate and people of Rome. That is what we were all bound to do; and that was not only in the time of our ancestors, but even lately, the highest praise of men of consular rank, to be vigilant, to be anxious, to be always either thinking, or doing, or saying something to promote the interests of the republic. I, O conscript fathers, recollect that Quintus Scaevola the augur, in the Marsic war, when he was a man of extreme old age, and quite broken down in constitution, every day, as soon as it was daylight, used to give every one an opportunity of consulting him; nor, throughout all that war, did any one ever see him in bed; and, though old and weak, he was the first man to come into the senate-house. I wish, above all things, that those who ought to do so would imitate his industry; and, next to that, I wish that they would not envy the exertions of another.

In truth, O conscript fathers, now we have begun to entertain hopes of liberty again, after a period of six years, during which we have been deprived of it, having endured slavery longer than prudent and industrious prisoners usually do, what watchfulness, what anxiety, what exertions ought we to shrink from, for the sake of delivering the Roman people? In truth, O conscript fathers, though men who have had the honors conferred on them that we have, usually wear their gowns, while the rest of the city is in the robe of war, still I decided that at such a momentous crisis, and when the whole republic was in so disturbed a state, we would not differ in our dress from you and the rest of the citizens. For we men of consular rank are not in this war conducting ourselves in such a manner that the Roman people will be likely to look with equanimity on the ensigns of our honor, when some of us are so cowardly as to have cast away all recollection of the kindnesses which they have received from the Roman people; some are so disaffected to the republic that they openly allege that they favor this enemy, and easily bear having our ambassadors despised and insulted by Antonius, while they wish to support the ambassador sent by Antonius. For they said that he ought not to be prevented from returning to Antonius, and they proposed an amendment to my proposition of not receiving him. Well, I will submit to them. Let Varius return to his general, but on condition that he never returns to Rome. And as to the others, if they abandon their errors, and return to their duty to the republic, I think they may he pardoned and left unpunished.

Therefore, I give my vote, “That of those men who are with Marcus Antonius, those who abandon his army, and come over either to Caius Pansa or Aulus. Hirtius the consuls; or to Decimus Brutus, imperator and consul elect; or to Caius Caesar, propraetor, before the first of March next, shall not be liable to prosecution for having been with Antonius. That, if any one of those men who are now with Antonius shall do any thing which appears entitled to honor or to reward, Caius Pansa and Aulus Hirtius the consuls, one or both of them, shall, if they think fit make a motion to the senate respecting that man's honor or reward, at the earliest opportunity. That, if, after this resolution of the senate, any one shall go to Antonius except Lucius Varius, the senate will consider that that man has acted as an enemy to the republic.”

Servius Sulpicius, as has been already said, had died on his embassy to Marcus Antonius, before Mutina; and the day after the delivery of the preceding speech, Pansa again called the senate together to deliberate on the honors to be paid to his memory. He himself proposed a public funeral, a sepulcher, and a statue. Servilius opposed the statue, as due only to those who had been slain by violence while in discharge of their duties as ambassadors. Cicero delivered the following oration in support of Pansa's proposition, which was carried.[*](Sulpicius was of about the same age as Cicero, and an early friend of his, and he enjoyed the reputation of being the first lawyer of his time, or of all who ever had studied law as a profession in Rome.)

I wish, O conscript fathers, that the immortal gods had granted to us to return thanks to Servius Sulpicius while alive, rather than thus to devise honors for him now that he is dead. Nor have I any doubt, but that if that man had been able himself to give us his report of the proceedings of his embassy, his return would have been acceptable to you and salutary to the republic. Not that either Lucius. Piso or Lucius Philippus have been deficient in either zeal or care in the performance of so important a duty and so grave a commission; but, as Servius Sulpicius was superior in age to them, and in wisdom to every one, he, being suddenly taken from the business, left the whole embassy crippled and enfeebled.

But if deserved honors have been paid to any ambassador after death, there is no one by whom they can be found to have been ever more fully deserved than by Servius Sulpicius. The rest of those men who have died while engaged on an embassy, have gone forth, subject indeed to the usual uncertainties of life, but without any especial danger or fear of death. Servius Sulpicius set out with some hope indeed of reaching Antonius, but with none of returning. But though he was so very ill that if any exertion were added to his bad state of health, he would have no hope of himself, still he did not refuse to try, even while at his last gasp, to be of some service to the republic. Therefore neither the severity of the winter, nor the snow, nor the length of the journey, nor the badness of the roads, nor his daily increasing illness, delayed him. And when he had arrived where he might meet and confer with the man to whom he had been sent, he departed this life in the midst of his care and consideration as to how he might best discharge the duty which he had undertaken.

As therefore, O Caius Pansa, you have done well in other respects, so you have acted admirably in exhorting us this day to pay honor to Servius Sulpicius, and in yourself making an eloquent oration in his praise. And after the speech which we have heard from you, I should have been content to say nothing beyond barely giving my vote, if I did not think it necessary to reply to Publius Servilius, who has declared his opinion that this honor of a statue ought to be granted to no one who has not been actually slain with a sword while performing the duties of his embassy. But I, O conscript fathers, consider that this was the feeling of our ancestors, that they considered that it was the cause of death, and not the manner of it, which was a proper subject for inquiry. In fact, they thought fit that a monument should be erected to any man whose death was caused by an embassy, in order to tempt men in perilous wars to be the more bold in undertaking the office of an ambassador. What we ought to do, therefore, is, not to scrutinize the precedents afforded by our ancestors, but to explain their intentions from which the precedents themselves arose.

Lar Tolumnius, the king of Veii, slew four ambassadors of the Roman people, at Fidenae, whose statues were standing in the rostra till within my recollection. The honor was well deserved. For our ancestors gave those men who had encountered death in the cause of the republic an imperishable memory in exchange for this transitory life. We see in the rostra the statue of Cnaeus Octavius, an illustrious and great man, the first man who brought the consulship into that family, which afterward abounded in illustrious men. There was no one then who envied him, because he was a new man; there was no one who did not honor his virtue. But yet the embassy of Octavius was one in which there was no suspicion of danger. For having been sent by the senate to investigate the dispositions of kings and of free nations, and especially to forbid the grandson of king Antiochus, the one who had carried on war against our forefathers, to maintain fleets and to keep elephants, he was slain at Laodicea, in the gymnasium, by a man of the name of Leptines. On this a statue was given to him by our ancestors as a recompense for his life, which might ennoble his progeny for many years, and which is now the only memorial left of so illustrious a family. But in his case, and in that of Tullus Cluvius,[*](There is some corruption of the text here.) and Lucius Roscius, and Spurius Antius, and Caius Fulcinius, who were slain by the king of Veii, it was not the blood that was shed at their death, but the death itself which was encountered in the service of the republic, which was the cause of their being thus honored.

Therefore, O conscript fathers, if it had been chance which had caused the death of Servius. Sulpicius, I should sorrow indeed over such a loss to the republic, but I should consider him deserving of the honor, not of a monument, but of a public mourning. But, as it is, who is there who doubts that it was the embassy itself which caused his death? For he took death away with him; though, if he had remained among us, his own care, and the attention of his most excellent son and his most faithful wife, might have warded it off. But he, as he saw that, if he did not obey your authority, he should not be acting like himself; but that if he did obey, then that duty, undertaken for the welfare of the republic, would be the end of his life; preferred dying at a most critical period of the republic, to appearing to have done less service to the republic than he might have done.

He had an opportunity of recruiting his strength and taking care of himself in many cities through which his journey lay. He was met by the liberal invitation of many entertainers, as his dignity deserved, and the men too who were sent with him exhorted him to take rest, and to think of his own health. But he, refusing all delay, hastening on, eager to perform your commands, persevered in this his constant purpose, in spite of the hindrances of his illness. And as Antonius was above all things disturbed by his arrival, because the commands which were laid upon him by your orders had been drawn up by the authority and wisdom of Servius Sulpicius, he showed plainly how he hated the senate by the evident joy which he displayed at the death of the adviser of the senate.

Leptines then did not kill Octavius, nor did the king of Veii slay those whom I have just named, more clearly than Antonius killed Servius Sulpicius. Surely he brought the man death, who was the cause of his death. Wherefore, I think it of consequence, in order that posterity may recollect it, that there should be a record of what the judgment of the senate was concerning this war. For the statue itself will be a witness that the war was so serious a one, that the death of an ambassador in it gained the honor of an imperishable memorial.

But if, O conscript fathers, you would only recollect the excuses alleged by Servius Sulpicius why he should not be appointed to this embassy, then no doubt will be left on your minds that we ought to repair by the honor paid to the dead the injury which we did to him while living. For it is you, O conscript fathers (it is a grave charge to make, but it must be uttered), it is you, I say, who have deprived Servius Sulpicius of life. For when you saw him pleading his illness as an excuse more by the truth of the fact than by any labored plea of words, you were not indeed cruel (for what can be more impossible for this order to be guilty of than that), but as you hoped that there was nothing that could not be accomplished by his authority and wisdom, you opposed his excuse with great earnestness, and compelled the man, who had always thought your decisions of the greatest weight, to abandon his own opinion. But when there was added the exhortation of Pansa, the consul, delivered with more weight than the ears of Servius Sulpicius had learned to resist, then at last he led me and his own son aside, and said that he was hound to prefer your authority to his own life. And we, admiring his virtue, did not dare to oppose his determination. His son was moved with extraordinary piety and affection, and my own grief did not fall far short of his agitation; but each of us was compelled to yield to his greatness of mind, and to the dignity of his language, when he, indeed, amid the loud praises and congratulations of you all, promised to do whatever you wished, and not to avoid the danger which might be incurred by the adoption of the opinion of which he himself had been the author. And we the next day escorted him early in the morning as he hastened forth to execute your commands. And he, in truth, when departing, spoke with me in such a manner that his language seemed like an omen of his fate.

Restore then, O conscript fathers, life to him from whom you have taken it. For the life of the dead consists in the recollection cherished of them by the living. Take care that he, whom you without, intending it sent to his death, shall from you receive immortality. And if you by your decree erect a statue to him in the rostra, no forgetfulness of posterity will ever obscure the memory of his embassy. For the remainder of the life of Servius Sulpicius will be recommended to the eternal recollection of all men by many and splendid memorials. The praise of all mortals will forever celebrate his wisdom, his firmness, his loyalty, his admirable vigilance and prudence in upholding the interests of the public. Nor will that admirable, and incredible, and almost godlike skill of his in interpreting the laws and explaining the principles of equity be buried in silence. If all the men of all ages, who have ever had any acquaintance with the law in this city, were got together into one place, they would not deserve to be compared to Servius Sulpicius. Nor was he more skillful in explaining the law than in laying down the principles of justice. Those maxims which were derived from laws, and from the common law, he constantly referred to the original principles of kindness and equity. Nor was he more fond of arranging the conduct of lawsuits than of preventing disputes altogether. Therefore he is not in want of this memorial which a statue will provide; he has other and better ones. For this statue will be only a witness of his honorable death; those actions will be the memorial of his glorious life. So that this will be rather a monument of the gratitude of the senate, than of the glory of the man.

The affection of the son, too, will appear to have great influence in moving us to honor the father; for although, being overwhelmed with grief, he is not present, still you ought to be animated with the same feelings as if he were present. But he is in such distress, that no father ever sorrowed more over the loss of an only son than he grieves for the death of his father. Indeed, I think that it concerns also the fame of Servius Sulpicius the son, that he should appear to have paid all due respect to his father. Although Servius Sulpicius could leave no nobler monument behind him than his son, the image of his own manners, and virtues, and wisdom, and piety, and genius; whose grief can either be alleviated by this honor paid to his father by you, or by no consolation at all.

But when I recollect the many conversations which in the days of our intimacy on earth I have had with Servius Sulpicius, it appears to me, that if there be any feeling in the dead, a brazen statue, and that too a pedestrian one, will be more acceptable to him than a gilt equestrian one, such as was first erected to Lucius Sulla. For Servius was wonderfully attached to the moderation of our forefathers, and was accustomed to reprove the insolence of this age. As if, therefore, I were able to consult himself as to what he would wish, so I give my vote for a pedestrian statue of brass, as if I were speaking by his authority and inclination; which by the honor of the memorial will diminish and mitigate the great grief and regret of his fellow-citizens. And it is certain that this my opinion, O conscript fathers, will be approved of by the opinion of Publius Servilius, who has given his vote that a sepulcher be publicly decreed to Servius Sulpicius, but has voted against the statue. For if the death of an ambassador happening without bloodshed and violence requires no honor, why does he vote for the honor of a public funeral, which is the greatest honor that can be paid to a dead man? If he grants that to Servius Sulpicius which was not given to Gnaeus. Octavius, why does he think that we ought not to give to the former what was given to the latter? Our ancestors, indeed, decreed statues to many men; public sepulchers to few. But statues perish by weather, by violence, by lapse of time; but the sanctity of the sepulchers is in the soil itself, which can neither be moved nor destroyed by any violence; and while other things are extinguished, so sepulchers become holier by age.

Let, then, that man be distinguished by that honor also, a man to whom no honor can be given which is not deserved. Let us be grateful in paying respect in death to him to whom we can now show no other gratitude. And by that same step let the audacity of Marcus Antonius, waging a nefarious war, be branded with infamy. For when these honors have been paid to Servius Sulpicius, the evidence of his embassy having been insulted and rejected by Antonius, will remain for everlasting.

On which account I give my vote for a decree in this form: “As Servius Sulpicius Rufus, the son of Quintus, of the Lemonian tribe, at a most critical period of the republic, and being ill with a very serious and dangerous disease, preferred the authority of the senate and the safety of the republic to his own life, and struggled against the violence and severity of his illness, in order to arrive at the camp of Antonius, to which the senate had sent him; and as he, when he had almost arrived at the camp, being overwhelmed by the violence of the disease, has lost his life in discharging a most important office of the republic; and as his death has been in strict correspondence to a life passed with the greatest integrity and honor, during which he, Servius Sulpicius, has often been of great service to the republic, both as a private individual and in the discharge of various magistracies; and as he, being such a man, has encountered death on behalf of the republic while employed on an embassy;—the senate decrees that a brazen pedestrian statue of Servius Sulpicius be erected in the rostra in compliance with the resolution of this order, and that his children and posterity shall have a place round this statue of five feet in every direction, from which to behold the games and gladiatorial combats, because he died in the cause of the republic; and that this reason be inscribed on the pedestal of the statue; and that Caius Pansa and Aulus Hirtius the consuls, one or both of them, if it seem good to them, shall command the quaestors of the city to let out a contract for making that pedestal and that statue, and erecting them in the rostra; and that whatever price they contract for, they shall take care the amount is given and paid to the contractor; and as in old times the senate has exerted its authority with respect to the obsequies of, and honors paid to brave men, it now decrees that he shall be carried to the tomb on the day of his funeral with the greatest possible solemnity. And as Servius Sulpicius Rufus, the son of Quintus of the Lemonian tribe, has deserved so well of the republic as to be entitled to be complimented with all those distinctions; the senate is of opinion, and thinks it for the advantage of the republic, that the consule aedile should suspend the edict which usually prevails with respect to funerals in the case of the funeral of Servius Sulpicius Rufus, the son of Quintus of the Lemonian tribe; and that Caius Pansa, the consul, shall assign him a place for a tomb in the Esquiline plain, or in whatever place shall seem good to him, extending thirty feet in every direction, where Servius Sulpicius may be buried; and that that shall be his tomb, and that of his children and posterity, as having been a tomb most deservedly given to them by the public authority.”