Philippicae

Cicero, Marcus Tullius

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

But on this I was inflamed with such eagerness to return, that no oars or winds could be fast enough for me; not that I thought that I should not arrive in time, but lest I should be later than I wished in congratulating the republic; and I quickly arrived at Velia, where I saw Brutus; how grieved I was, I cannot express. For it seemed to be a discreditable thing for me myself, that I should venture to return into that city from which Brutus was departing, and that I should be willing to live safely in a place where he could not. But he himself was not agitated in the same manner that I was; for, being elevated with the consciousness of his great and glorious exploit, he had no complaints to make of what had befallen him, though he lamented your fate exceedingly. And it was from him that I first heard what had been the language of Lucius Piso, in the senate of August; who, although he was but little assisted (for that I heard from Brutus himself) by those who ought to have seconded him, still according to the testimony of Brutus, (and what evidence can be more trustworthy?) and to the avowal of every one whom I saw afterwards, appeared to me to have gained great credit. I hastened hither, therefore, in order that as those who were present had not seconded him, I might do so; not with the hope of doing any good, for I neither hoped for that, nor did I well see how it was possible; but in order that if anything

happened to me, (and many things appeared to be threatening me out of the regular course of nature, and even of destiny,) I might still leave my speech on this day as a witness to the republic of my everlasting attachment to its interests.

Since, then, O conscript fathers, I trust that the reason of my adopting each determination appears praiseworthy to you, before I begin to speak of the republic, I will make a brief complaint of the injury which Marcus Antonius did me yesterday; to whom I am friendly, and I have at all times admitted having received some services from him which make it my duty to be so.

What reason had he then for endeavouring, with such bitter hostility, to force me into the senate yesterday? Was I the only person who was absent? Have you not repeatedly had thinner houses than yesterday? Or was a matter of such importance under discussion, that it was desirable for even sick men to be brought down? Hannibal, I suppose, was at the gates, or there was to be a debate about peace with Pyrrhus, on which occasion it is related that even the great Appius, old and blind as he was, was brought down to the senate-house. There was a motion being made about some supplications; a kind of measure when senators are not usually wanting; for they are under the compulsion, not of pledges, but of the influence of those men whose honour is being complimented; and the case is the same when the motion has reference to a triumph. The consuls are so free from anxiety at these times, that it is almost entirely free for a senator to absent himself if he pleases. And as the general custom of our body was well known to me, and as I was hardly recovered from the fatigue of my journey, and was vexed with myself, I sent a man to him, out of regard for my friendship to him, to tell him that I should not be there. But he, in the hearing of you all, declared that he would come with masons to my house; this was said with too much passion and very intemperately. For, for what crime is there such a heavy punishment appointed as that, that any one should venture to say in this assembly that he, with the assistance of a lot of common operatives, would pull down a house which had been built at the public expense in accordance with a vote of the senate. And who ever employed such compulsion as the threat of such an injury as that to a senator? or what severer punishment has ever been

imposed for absence than the forfeiture of a pledge, or a fine? But if he had known what opinion I should have delivered on the subject, he would have remitted somewhat of the rigour of his compulsion.

Do you think, O conscript fathers, that I would have voted for the resolution which you adopted against your own wills, of mingling funeral obsequies with supplications? of introducing inexplicable impiety into the republic? of decreeing supplications in honour of a dead man? I say nothing about who the man was. Even had he been that great Lucius Brutus who himself also delivered the republic from kingly power, and who has produced posterity nearly five hundred years after himself of similar virtue, and equal to similar achievements—even then I could not have been induced to join any dead man in a religious observance paid to the immortal gods; so that a supplication should be addressed by public authority to a man who has nowhere a sepulcher at which funeral obsequies may be celebrated.

I, O conscript fathers, should have delivered my opinion, which I could easily have defended against the Roman people, if any heavy misfortune had happened to the republic, such as war, or pestilence, or famine; some of which, indeed, do exist already, and I have my fears lest others are impending. But I pray that the immortal gods may pardon this act, both to the Roman people, which does not approve of it, and to this order, which voted it with great unwillingness. What? may I not speak of the other misfortunes of the republic?—At all events it is in my power, and it always will be in my power, to uphold my own dignity and to despise death. Let me have only the power to come into this house, and I will never shrink from the danger or declaring my opinion!

And, O conscript fathers, would that I had been able to be present on the first of August; not that I should have been able to do any good, but to prevent any one saying that not no senator of consular rank (as was the case then) was found worthy of that honour and worthy of the republic. And this circumstance indeed gives me great pain, that men who have enjoyed the most honourable distinctions which the Roman people can confer; did not second Lucius Piso, the proposer of an excellent opinion. Is it for this that the Roman people made us consuls, that, being placed on the loftiest and most

honourable step of dignity, we should consider the republic of no importance? Not only did no single man of consular dignity indicate his agreement with Lucius Piso by his voice, but they did not venture even to look as if they agreed with him. What, in the name of all that is horrible, is the meaning of this voluntary slavery?—Some submission may have been unavoidable: nor do I require this from every one of the men who deliver their opinions from the consular bench; the case of those men whose silence I pardon is different from that of those whose expression of their sentiments I require; and I do grieve that those men have fallen under the suspicion of the Roman people, not only as being afraid,—which of itself would be shameful enough,—but as having different private causes for being wanting to their proper dignity.

Wherefore, in the first place, I both feel and acknowledge great obligations to Lucius Piso, who considered not what he was able to effect in the republic, but what it was his own duty to do; and, in the next place, I entreat of you, O conscript fathers, even if you have not quite the courage to agree with my speech and to adopt my advice, at all events to listen to me with kindness as you have always hitherto done.

In the first place, then, I declare my opinion that the acts of Caesar ought to be maintained: not that I approve of them; (for who indeed can do that?) but because I think that we ought above all things to have regard to peace and tranquillity. I wish that Antonius himself were present, provided he had no advocates with him. But I suppose he may be allowed to feel unwell, a privilege which he refused to allow me yesterday. He would then explain to me, or rather to you, O conscript fathers, to what extent he himself defended the acts of Caesar. Are all the acts of Caesar which may exist in the bits of note-books, and memoranda, and loose papers, produced on his single authority, and indeed not even produced, but only recited, to be ratified? And shall the acts which he caused to be engraved on brass, in which he declared that the edicts and laws passed by the people were valid for ever, be considered as of no power? I think, indeed, that there is nothing so well entitled to be called the acts of Caesar as Caesar's laws. Suppose he gave any one a promise, is that to be ratified, even if it were a promise that

he himself was unable to perform? As, in fact, he has failed to perform many promises made to many people. And a great many more of those promises have been found since his death, than the number of all the services which he conferred on and did to people during all the years that he was alive would amount to.

But all those things I do not change, I do not meddle with. Nay, I defend all his good acts with the greatest earnestness. Would that the money remained in the temple of Ops! Bloodstained, indeed, it may be, but still needful at these times, since it is not restored to those to whom it really belongs.[*](See Philippic 2.)Let that, however, be squandered too, if it is so written in his acts. Is there anything whatever that can be called so peculiarly the act of that man who; while clad in the robe of peace, was yet invested with both civil and military command in the republic, as a law of his? Ask for the acts of Gracchus, the Sempronian laws will be brought forward; ask for those of Sulla, you will have the Cornelian laws. What more? In what acts did the third consulship of Cnaeus Pompeius consist? Why, in his laws. And if you could ask Caesar himself what he had done in the city and in the garb of peace, he would reply that he had passed many excellent laws; but his memoranda he would either alter or not produce at all; or, if he did produce them, he would not class them among his acts. But, however, I allow even these things to pass for acts; at some things I am content to wink; but I think it intolerable that the acts of Caesar in the most important instances, that is to say, in his laws, are to he annulled for their sake.

What law was ever better, more advantageous, more frequently demanded in the best ages of the republic, than the one which forbade the praetorian provinces to be retained more than a year, and the consular provinces more than two? If this law be abrogated, do you think that the acts of Caesar are maintained? What? are not all the laws of Caesar respecting judicial proceedings abrogated by the law which had been proposed concerning the third decury? And are you the defenders of the acts of Caesar who overturn his laws? Unless, indeed, anything which, for the purpose of recollecting it, he entered in a notebook, is to be counted among his acts, and defended, however unjust or useless it may he; and that

which he proposed to the people in the comitia centuriata and carried, is not to be accounted one of the acts of Caesar. But what is that third decury? The decury of centurions, says he. What? was not the judicature open to that order by the Julian law, and even before that by the Pompeius and Aurelian laws? The income of the men, says he, was exactly defined. Certainly, not only in the case of a centurion, but in the case, too, of a Roman knight. Therefore, men of the highest honour and of the greatest bravery, who have acted as centurions, are and have been judges. I am not asking about those men, says he. Whoever has acted as centurion, let him be a judge. But if you were to propose a law, that whoever had served in the cavalry, which is a higher post, should be a judge, you would not be able to induce any one to approve of that; for a man's fortune and worth ought to be regarded in a judge. I am not asking about those points, says he; I am going to add as judges, common soldiers of the legion of Alaudae;[*](This was the name of a legion raised by Caesar in Gaul, and called so, probably, from the ornament worn on their helmet.)for our friends say that that is the only measure by which they can be saved. Oh what an insulting compliment it is to those men whom you summon to act as judges though they never expected it! For the effect of the law is, to make those men judges in the third decury who do not dare to judge with freedom. And in that how great, O ye immortal gods! is the error of those men who have desired that law. For the meaner the condition of each judge is, the greater will be the severity of judgment with which he will seek to efface the idea of his meanness; and he will strive rather to appear worthy of being classed in the honourable decuries, than to have deservedly ranked in a disreputable one.

Another law was proposed, that men who had been condemned of violence and treason may appeal to the public if they please. Is this now a law, or rather an abrogation of all laws? For who is there at this day to whom it is an object that that law should stand? No one is accused under those laws; there is no one whom we think likely to be so accused. For measures which have been carried by force of arms will certainly never be impeached in a court of justice. But the measure is a popular one. I wish, indeed, that you were willing to promote any popular measure; for, at present,

all the citizens agree with one mind and one voice in their view of its bearing on the safety of the republic.

What is the meaning, then, of the eagerness to pass the law which brings with it the greatest possible infamy, and no popularity at all? For what can be more discreditable than for a man who has committed treason against the Roman people by acts of violence, after he has been condemned by a legal decision, to be able to return to that very course of violence, on account of which he has been condemned? But why do I argue any more about this law? as if the object aimed at were to enable any one to appeal? The object is, the inevitable consequence must be, that no one can ever be prosecuted under those laws. For what prosecutor will be found insane enough to be willing, after the defendant has been condemned, to expose himself to the fury of a hired mob? or what judge will be bold enough to venture to condemn a criminal, knowing that he will immediately be dragged before a gang of hireling operatives? It is not, therefore, a right of appeal that is given by that law, but two most salutary laws and modes of judicial investigation that are abolished. And what is this but exhorting young men to be turbulent, seditious, mischievous citizens?

To what extent of mischief will it not be possible to instigate the frenzy of the tribunes now that these two rights of impeachment for violence and for treason are annulled? What more? Is not this a substitution of a new law for the laws of Caesar, which enact that every man who has been convicted of violence, and also every man who has been convicted of treason, shall be interdicted from fire and water? And, when those men have a right of appeal given them, are not the acts of Caesar rescinded? And those acts, O conscript fathers, I, who never approved of them, have still thought it advisable to maintain for the sake of concord; so that I not only did not think that the laws which Caesar had passed ill his lifetime ought to be repealed, but I did not approve of meddling with those even which since the death of Caesar you have seen produced and published.

Men have been recalled from banishment by a dead man; the freedom of the city has been conferred not only on individuals, but on entire nations and provinces by a dead man; our revenues have been diminished by the granting of

countless exemptions by a dead man. Therefore, do we defend these measures which have been brought from his house on the authority of a single, but, I admit, a very excellent individual; and as for the laws which he, in your presence, read, and declared, and passed,—in the passing of which he gloried, and on which he believed that the safety of the republic depended, especially those concerning provinces and concerning judicial proceedings,—can we, I say, we who defend the acts of Caesar, think that those laws deserve to be upset?

And yet concerning those laws which were proposed, we have, at all events, the power of complaining; but concerning those which are actually passed we have not even had that privilege. For they, without any proposal of them to the people, were passed before they were framed. Men ask, what is the reason why I, or why any one of you, O conscript fathers, should be afraid of bad laws while we have virtuous tribunes of the people? We have men ready to interpose their veto; ready to defend the republic with the sanctions of religion. We ought to be strangers to fear. What do you mean by interposing the veto? says he; what are all these sanctions of religion which you are talking about? Those, forsooth, on which the safety of the republic depends. We are neglecting those things, and thinking them too old-fashioned and foolish. The forum will be surrounded, every entrance of it will be blocked up; armed men will be placed in garrison, as it were, at many points. What then?—whatever is accomplished by those means will be law. And you will order, I suppose, all those regularly passed decrees to be engraved on brazen tablets. “The consuls consulted the people in regular form,” (Is this the way of consulting the people that we have received from our ancestors?) “and the people voted it with due regularity.” What people? that which was excluded from the forum? Under what law did they do so? under that which has been wholly abrogated by violence and arms? But I am saying all this with reference to the future; because it is the part of a friend to point out evils which may be avoided: and if they never ensue, that will be the best refutation of my speech. I am speaking of laws which have been proposed; concerning which you have still full power to decide either way. I am pointing out the defects; away with them I am denouncing violence and arms; away with them too!

You and your colleague, O Dolabella, ought not, indeed, to be angry with me for speaking in defence of the republic. Although I do not think that you yourself will be; I know your willingness to listen to reason. They say that your colleague, in this fortune of his, which he himself thinks so good, but which would seem to me more favourable if (not to use any harsh language) he were to imitate the example set him by the consulship of his grandfathers and of his uncle,—they say that he has been exceedingly offended. And I see what a formidable thing it is to have the same man angry with me and also armed; especially at a time when men can use their swords with such impunity. But I will propose a condition which I myself think reasonable, and which I do not imagine Marcus Antonius will reject. If I have said anything insulting against his way of life or against his morals, I will not object to his being my bitterest enemy. But if I have maintained the same habits that I have already adopted in the republic,—that is, if I have spoken my opinions concerning the affairs of the republic with freedom,—in the first place, I beg that he will not be angry with me for that; but, in the next place, if I cannot obtain my first request, I beg at least that he will show his anger only as he legitimately may show it to a fellow-citizen.

Let him employ arms, if it is necessary, as he says it is, for his own defence: only let not those arms injure those men who have declared their honest sentiments in the affairs of the republic. Now, what can be more reasonable than this demand? But if, as has been said to me by some of his intimate friends, every speech which is at all contrary to his inclination is violently offensive, to him, even if there be no insult in it whatever; then we will bear with the natural disposition of our friend. But those men, at the same time, say to me, “You will not have the same licence granted to you who are the adversary of Caesar as might be claimed by Piso his father-in-law.” And then they warn me of something which I must guard against; and certainly, the excuse which sickness supplies me with, for not coming to the senate, will not be a more valid one than that which is furnished by death.

But, in the name of the immortal gods! for while I look upon you, O Dolabella, who are most dear to me, it is impossible for me to keep silence respecting the error into

which you are both falling; for I believe that you, being both, men of high birth, entertaining lofty views, have been eager to acquire, not money, as some too credulous people suspect, a thing which has at all times been scorned by every honourable and illustrious man, nor power procured by violence and authority such as never ought to be endured by the Roman people, but the affection of your fellow-citizens, and glory. But glory is praise for deeds which have been done, and the fame earned by great services to the republic; which is approved of by the testimony borne in its favour, not only by every virtuous man, but also by the multitude. I would tell you, O Dolabella, what the fruit of good actions is, if I did not see that you have already learnt it by experience beyond all other men.

What day can you recollect in your whole life, as ever having beamed on you with a more joyful light than the one on which, having purified the forum, having routed the throng of wicked men, having inflicted due punishment on the ringleaders in wickedness, and having delivered the city from conflagration and from fear of massacre, you returned to your house? What order of society, what class of people, what rank, of nobles even was there who did not then show their zeal in praising and congratulating you? Even I, too, because men thought that you had been acting by my advice in those transactions, received the thanks and congratulations of good men in your name. Remember, I pray you, O Dolabella, the unanimity displayed on that day in the theatre, when every one, forgetful of the causes on account of which they had been previously offended with you, showed that in consequence of your recent service they had banished all recollection of their former indignation. Could you, O Dolabella, (it is with great concern that I speak,)—could you, I say, forfeit this dignity with equanimity?

And you, O Marcus Antonius, (I address myself to you, though in your absence,) do you not prefer that day on which the senate was assembled in the temple of Tellus, to all those months during which some who differ greatly in opinion from me think that you have been happy? What a noble speech was that of yours about unanimity! From what apprehensions were the veterans, and from what anxiety was the whole state relieved by you on that occasion! when, having laid aside

your enmity against him, you on that day first consented that your present colleague should be your colleague, forgetting that the auspices had been announced by yourself as augur of the Roman people; and when your little son was sent by you to the Capitol to be a hostage for peace. On what day was the senate ever more joyful than on that day? or when was the Roman people more delighted? which had never met in greater numbers in any assembly whatever. Then, at last, we did appear to have been really delivered by brave men, because, as they had willed it to be, peace was following liberty. On the next day, on the day after that, on the third day, and on all the following days, you were on without intermission, giving every day, as it were, some fresh present to the republic; but the greatest of all presents was that, when you abolished the name of the dictatorship. This was in effect branding the name of the dead Caesar with everlasting ignominy, and it was your doing,—yours, I say. For as, on account of the wickedness of one Marcus Manlius, by a resolution of the Manlian family it is unlawful that any patrician should be called Manlius, so you, on account of the hatred excited by one dictator, have utterly abolished the name of dictator.

When you had done these mighty exploits for the safety of the republic, did you repent of your fortune, or of the dignity and renown and glory which you had acquired? Whence then is this sudden change? I cannot be induced to suspect that you have been caught by the desire of acquiring money; every one may say what he pleases, but we are not bound to believe such a thing; for I never saw anything sordid or anything mean in you. Although a man's intimate friends do sometimes corrupt his natural disposition, still I know your firmness; and I only wish that as you avoid that fault, you had been able also to escape all suspicion of it.

What I am more afraid of is lest, being ignorant of the true path to glory, you, should think it glorious for you to have more power by yourself than all the rest of the people put together, and lest you should prefer being feared by your fellow-citizens to being loved by them. And if you do think so, you are ignorant of the road to glory. For a citizen to be dear to his fellow-citizens, to deserve well of the republic, to be praised, to be respected, to be loved, is glorious; but to be feared, and to be an object of hatred, is odious, detestable; and

moreover, pregnant with weakness and decay. And we see that, even in the play, the very man who said,

“What care I though all men should hate my name,
So long as fear accompanies their hate?”

found that it was a mischievous principle to act upon.

I wish, O Antonius, that you could recollect your grandfather, of whom, however, you have repeatedly heard me speak. Do you think that he would have been willing to deserve even immortality, at the price of being feared in consequence of his licentious use of arms? What he considered life, what he considered prosperity, was the being equal to the rest of the citizens in freedom, and chief of them all in worth. Therefore, to say no more of the prosperity of your grandfather, I should prefer that most bitter day of his death to the domination of Lucius Cinna, by whom he was most barbarously slain.

But why should I seek to make an impression on you by my speech? For, if the end of Caius Caesar cannot influence you to prefer being loved to being feared, no speech of any one will do any good or have any influence with you; and those who think him happy are themselves miserable. No one is happy who lives on such terms that he may be put to death not merely with impunity, but even to the great glory of his slayer. Wherefore, change your mind, I entreat you, and look hack upon your ancestors, and govern the republic in such a way that your fellow-citizens may rejoice that you were born without which no one can be happy nor illustrious.

And, indeed, you have both of you had many judgments delivered respecting you by the Roman people, by which I am greatly concerned that you are not sufficiently influenced. For what was the meaning of the shouts of the innumerable crowd of citizens collected at the gladiatorial games? or of the verses made by the people? or of the extraordinary applause at the sight of the statue of Pompeius? and at that sight of the two tribunes of the people who are opposed to you? Are these things a feeble indication of the incredible unanimity of the entire Roman people? What more? Did the applause at the games of Apollo, or, I should rather say, testimony and judgment there given by the Roman people, appear to you of small importance? Oh! happy are those men who, though they themselves were unable to be present on account of the violence of arms, still were present in spirit.

and had a place in the breasts and hearts of the Roman people. Unless, perhaps, you think that it was Accius who was applauded on that occasion, and who bore off the palm sixty years after his first appearance, and not Brutus, who was absent from the games which he himself was exhibiting, while at that most splendid spectacle the Roman people showed their zeal in his favour though he was absent, and soothed their own regret for their deliverer by uninterrupted applause and clamour.

I myself, indeed, am a man who have at all times despised that applause which is bestowed by the vulgar crowd, but at the same time, when it is bestowed by those of the highest, and of the middle, and of the lowest rank, and, in short, by all ranks together, and when those men who were previously accustomed to aim at nothing but the favour of the people keep aloof, I then think that, not mere applause, but a deliberate verdict. If this appears to you unimportant, which is in reality most significant, do you also despise the fact of which you have had experience,—namely, that the life of Aulus Hirtius is so dear to the Roman people? For it was sufficient for him to be esteemed by the Roman people as he is; to be popular among his friends, in which respect he surpasses everybody; to be beloved by his own kinsmen, who love him beyond measure; but in whose case before do we ever recollect such anxiety and such fear being manifested? Certainly in no one's.

What then, are we to do? In the name of the immortal gods, can you interpret these facts, and see what is their purport? What do you think that those men think of your lives, to whom the lives of those men who they hope will consult the welfare of the republic are so dear? I have reaped, O conscript fathers, the reward of my return, since I have said enough to bear testimony of my consistency whatever event may befall me, and since I have been kindly and attentively listened to by you. And if I have such opportunities frequently without exposing both myself and you to danger, I shall avail myself of them. If not, as far as I can I shall reserve myself not for myself, but rather for the republic. I have lived long enough for the course of human life, or for my own glory. If any additional life is granted to me, it shall be bestowed not so much on myself as on you and on the republic.