The Orations of Marcus Tullius Cicero, Volume 4

Marcus Tullius Cicero

The Orations of Marcus Tullius Cicero, Volume 4

THE FIRST PHILIPPIC

THE ARGUMENT

When Julius, or, as he is usually called by Cicero Caius Caesar was slain on the 15th of March, A.U.C. 710, B.C. 44 Marcus Antonius was his colleague in the consulship, and he, being afraid that the conspirators might murder him too, (and it is said that they had debated among themselves whether they would or no) concealed himself on that day and fortified his house, till perceiving that nothing was intended against him, he ventured to appear in public the day following. Lepidus was in the suburbs of Rome with a regular army, ready to depart for the government of Spain, which had been assigned to him with a part of Gaul. In the night, after Caesar's death he occupied the forum with his troops and thought of making himself master of the city, but Antonius dissuaded him from that idea and won him over to his views by giving his daughter in marriage to Lepidus's son, and by assisting him to seize on the office of Pontifex Maximus, which was vacant by Caesar's death.

To the conspirators he professed friendship, sent his son among them as a hostage of his sincerity, and so deluded them, that Brutus supped with Lepidus, and Cassius with Antonius. By these means he got them to consent to his passing a decree for the confirmation of all Caesar's acts, without describing or naming them more precisely. At last, on the occasion of Caesar's public funeral, he contrived so to inflame the populace against the conspirators, that Brutus and Cassius had some difficulty in defending their houses and their lives and he gradually alarmed them so much, and worked so cunningly on their fears that they all quitted Rome. Cicero also left Rome, disapproving greatly of the vacillation and want of purpose in the conspirators. On the first of June Antonius assembled the senate to deliberate on the affairs of the republic, and in the interval visited all parts of Italy. In the meantime young Octavius appeared on the stage; he had been left by Caesar, who was his uncle, the heir to his name and estate. He returned from Apollonia, in Macedonia, to Italy as soon as he heard of his uncle's death, and arrived at Naples on the eighteenth of April, where he was introduced by Hirtius and Pansa to Cicero, whom he promised to be guided in all respects by his directions. He was now between eighteen and nineteen years of age.

He began by the representation of public spectacles and games in honour of Caesar's victories. In the meantime Antonius, in his progress through Italy, was making great use of the decree confirming all Caesar's acts, which he interpolated and forged in the most shameless manner. Among other things he restored Deiotarus to all his dominions, having been bribed to do so by a hundred millions of sesterces by the king's agents, but Deiotarus himself, as soon as he heard of Caesar's death, seized all his dominions by force. He also seized the public treasure which Caesar had deposited in the temple of Ops, amounting to above four millions and a half of our money, and with this he won over Dolabella,1 who had seized the consulship on the death of Caesar, and the greater part of the army.

At the end of May Cicero began to return towards Rome, in order to arrive there in time for the meeting of the senate on the first of June, but many of his friends dissuaded him from entering the city, and at last he determined not to appear in the senate on that day, but to make a tour in Greece, to assist him in which, Dolabella named him one of his lieutenants. Antonius also gave Brutus and Cassius commissions to buy corn in Asia and Sicily for the use of the republic, in order to keep them out of the city.

Meantime Sextus Pompeius, who was at the head of a considerable army in Spain, addressed letters to the consuls proposing terms of accommodation, which after some debate, and some important modifications, were agreed to, and he quitted Spain, and came as far as Marseilles on his road towards Rome.

Cicero having started for Greece was forced to put back by contrary winds, and returned to Velia on the seventeenth of August, where he had a long conference with Brutus, who soon after left Italy for his province of Macedonia, which Caesar had assigned him before his death, though Antonius now wished to compel him to exchange it for Crete. After this conference Cicero returned to Rome, where he was received with unexampled joy, immense multitudes thronging out to meet him, and to escort him into the city. He arrived in Rome on the last day of August. The next day the senate met, to which he was particularly summoned by Antonius, but he excused himself as not having recovered from the fatigue of his journey.

Antonius was greatly offended, and in his speech in the senate threatened openly to order his house to be pulled down, the real reason of Cicero's absenting himself from the senate being, that the business of the day was to decree some new and extraordinary honours to Caesar, and to order supplications to him as a divinity, which Cicero was determined not to concur in, though he knew it would be useless to oppose them.

The next day also the senate met, and Antonius absented himself, but Cicero came down and delivered the following speech, which is the first of that celebrated series of fourteen speeches made in opposition to Antonius and his measures, and called Philippics from the orations of Demosthenes against Philip, to which the Romans were in the habit of comparing them.2

I. Before, O conscript fathers, I say those things concerning the republic which I think myself bound to say at the present time, I will explain to you briefly the cause of my departure from, and of my return to the city. When I hoped that the republic was at last recalled to a proper respect for your wisdom and for your authority, I thought that it became me to remain in a sort of sentinelship, which was imposed upon me by my position as a senator and a man of consular rank. Nor did I depart anywhere, nor did I ever take my eyes off from the republic, from the day on which we were summoned to meet in the temple of Tellus,3 in which temple, I, as far as was in my power, laid the foundations of peace, and renewed the ancient precedent set by the Athenians, I even used the Greek word,4 which that city employed in those times in allaying discords, and gave my vote that all recollection of the existing dissensions ought to be effaced by everlasting oblivion.

The oration then made by Marcus Antonius was an admirable one, his disposition, too, appeared excellent, and lastly, by his means and by his sons', peace was ratified with the most illustrious of the citizens, and everything else was consistent with this beginning. He invited the chief men of the state to those deliberations which he held at his own house concerning the state of the republic, he referred all the most important matters to this order. Nothing was at that time found among the papers of Caius Caesar except what was already well known to everybody, and he gave answers to every question that was asked of him with the greatest consistency. Were any exiles restored? He said that one was, and only one. Were any immunities granted? He answered, None. He wished us even to adopt the proposition of Servius Sulpicius, that most illustrious man, that no tablet purporting to contain any decree or grant of Caesar's should be published after the Ides of March were expired. I pass over many other things, all excellent—for I am hastening to come to a very extraordinary act of virtue of Marcus Antonius. He utterly abolished from the constitution of the republic the Dictatorship, which had by this time attained to the authority of regal power. And that measure was not even offered to us for discussion. He brought with him a decree of the senate, ready drawn up, ordering what he chose to have done: and when it had been read, we all submitted to his authority in the matter with the greatest eagerness; and, by another resolution of the senate, we returned him thanks in the most honourable and complimentary language.

II. A new light, as it were, seemed to be brought over us, now that not only the kingly power which we had endured, but all fear of such power for the future, was taken away from us; and a great pledge appeared to have been given by him to the republic that he did wish the city to be free, when he utterly abolished out of the republic the name of dictator, which had often been a legitimate title, on account of our late recollection of a perpetual dictatorship. A few days afterwards the senate was delivered from the danger of bloodshed, and a hook5 was fixed into that runaway slave who had usurped the name of Caius Marius. And all these things he did in concert with his colleague. Some other things that were done were the acts of Dolabella alone; but, if his colleague had not been absent, would, I believe, have been done by both of them in concert.

For when enormous evil was insinuating itself into the republic, and was gaining more strength day by day; and when the same men were erecting a tomb6 in the forum, who had performed that irregular funeral; and when abandoned men, with slaves like themselves, were every day threatening with more and more vehemence all the houses and temples of the city; so severe was the rigour of Dolabella, not only towards the audacious and wicked slaves, but also towards the profligate and unprincipled freemen, and so prompt was his overthrow of that accursed pillar, that it seems marvellous to me that the subsequent time has been so different from that one day.

For behold, on the first of June, on which day they had given notice that we were all to attend the senate, everything was changed. Nothing was done by the senate, but many and important measures were transacted by the agency of the people, though that people was both absent and disapproving. The consuls elect said, that they did not dare to come into the senate. The liberators of their country were absent from that city from the neck of which they had removed the yoke of slavery; though the very consuls themselves professed to praise them in their public harangues and in all their conversation. Those who were called Veterans, men of whose safety this order had been most particularly careful, were instigated not to the preservation of those things which they had, but to cherish hopes of new booty. And as I preferred hearing of those things to seeing them, and as I had an honorary commission as lieutenant, I went away, intending to be present on the first of January, which appeared likely to be the first day of assembling the senate.

III. I have now explained to you, O conscript fathers, my design in leaving the city. Now I will briefly set before you, also, my intention in returning, which may perhaps appear more unaccountable. As I had avoided Brundusium, and the ordinary route into Greece, not without good reason, on the first of August I arrived at Syracuse, because the passage from that city into Greece was said to be a good one. And that city, with which I had so intimate a connexion, could not, though it was very eager to do so, detain me more than one night. I was afraid that my sudden arrival among my friends might cause some suspicion if I remained there at all. But after the winds had driven me, on my departure from Sicily, to Leucopetra, which is a promontory of the Rhegian district, I went up the gulf from that point, with the view of crossing over. And I had not advanced far before I was driven back by a foul wind to the very place which I had just quitted. And as the night was stormy, and as I had lodged that night in the villa of Publius Valerius, my companion and intimate friend, and as I remained all the nest day at his house waiting for a fair wind, many of the citizens of the municipality of Rhegium came to me. And of them there were some who had lately arrived from Rome; from them I first heard of the harangue of Marcus Antonius, with which I was so much pleased that, after I had read it, I began for the first time to think of returning. And not long afterwards the edict of Brutus and Cassius is brought to me; which (perhaps because I love those men, even more for the sake of the republic than of my own friendship for them) appeared to me, indeed, to be full of equity. They added besides, (for it is a very common thing for those who are desirous of bringing good news to invent something to make the news which they bring seem more joyful,) that parties were coming to an agreement; that the senate was to meet on the first of August; that Antonius having discarded all evil counsellors, and having given up the provinces of Gaul, was about to return to submission to the authority of the senate.

IV. 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.

V. 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 to a senator? or what severer punishment has ever been 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 Opis! Bloodstained, indeed, it may be, but still needful at these times, since it is not restored to those to whom it really belongs.7 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 Sylla, 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 be annulled for their sake.

VIII. 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 has 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 note-book, is to be counted among his acts, and defended, however unjust or useless it may be; 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 Pompeian 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;8 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.

IX. 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 in 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.

X. 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!