We are born for justice and what is just is based, not on opinion, but on nature.
(De legibus, book I, section 28)
Cicero began writing the De legibus or On the laws during the same period as the De republica, i.e. the late 50s BC, but suspended work on it when he was compelled to go and be governor of Cilicia in 51 BC, and possibly never resumed it. It is certainly unfinished. We have just two books of 60-odd sections each and most of book 3 (49 sections) then the manuscript stops in mid-sentence. The 4th century AD philosopher Macrobius refers to the existence of a book 5. Maybe it was intended to have 6 books to parallel the De republica to which it is obviously a partner.
Like most of Cicero’s other works it is a dialogue though, unlike the De republica, it is set in the present and, instead of historical personages, features just the author himself, his brother (Quintus Tullius Cicero) and his best friend (Titus Pomponius Atticus, addressee of so many of Cicero’s letters).
De legibus has a simple premise: since he is Rome’s leading lawyer and advocate, Cicero’s brother and friend suggest he is perfectly placed to write a book about The Law, and so Cicero sets off with the aim of establishing the fundamental basis of law, before considering specific laws, whether they need to be amended and, if so, how. From the start Cicero describes and explicates what was essentially the Stoic theory of natural law as amounting to right reason in action.
Natural Law
In the introduction to the Oxford University Press edition, Jonathan Powell explains that Cicero’s theory of Natural Law was based on certain premises:
- that the universe is a system run by a rational providence
- that mankind stands between God and the animals so that in creating and obeying laws man is employing Right Reason
- that human potential can only be realised in communities – Cicero derives this from Aristotle’s view that humans are sociable animals
- that man is a homogeneous species – we have more in common than separates us – therefore we are susceptible to the same, one, universal natural law which stands above (or lies beneath) all ‘positive’ i.e. merely local and culture-specific laws
- that law is based on (human) nature not opinion – individual laws may come and go but the existence of a deep fundamental law of human nature can never change
Natural Law refuted
The objections to this are obvious and start with the counter statement that the universe is very much not a system run by a rational providence. Since Isaac Newton’s discoveries of the basic forces which govern the universe, there has been no need to posit a God to create and keep the universe running; and since Darwin published On The Origin of Species in 1859, there has been no need to posit a God who created the extraordinary diversity of life forms we see around us, including humanity. Many other reasons may be found for adducing the existence of a God or gods, but the regularity of the cosmos and the diversity of the natural world are not among them.
If God does not exist, didn’t create the universe and does not deploy a benevolent providence to watch over us, then humans cannot occupy a middle space between the animals and this God who doesn’t exist. We are more accurately seen as just another life form amid the trillions teeming all over the earth.
Cicero displays towards human beings the same kind of anthropocentric chauvinism and exceptionalism which was first recorded among his Greek predecessors and persisted through most thinking about humanity and human nature up till very recently. Only in the last couple of generations has it become clear that humans may have invented language and maths and built skyscrapers and flown to the moon but that, deep down, we are just apes, mammals, animals, and behave much like all the other mammals, in terms of our fundamental behaviours – feeding, mating and fighting.
If you have a God, then you can establish a hierarchy with him at the top, then the angels, then humans sitting comfortably above all other species on earth. If you have no God, the hierarchy crumbles and we are just one among a million different life forms jumbled together on this small planet, engaged in the never-ending battle for survival. Nowadays we know that humanity is killing off the other species, destroying countless habitats, and burning up the planet as no other species possibly could. Some people characterise our arrogant lording it over life forms as speciesism, a view I share.
If there is one quality that distinguishes human beings from all other species it is our unique capacity for destruction.
The notion that humans are governed by Right Reason has always seemed to me self evidently false. Our values are inculcated by the society we grow up in. If some values are almost universal across most of these societies this is because they make evolutionary sense, they help the group survive, rather than being a Universal Law handed down by a Benevolent God.
Therefore premises 1, 2, 4 and 5 listed above are false. We are left with 3, the notion that humans naturally live in groups or communities, which seems to be objectively true, but gives us no guide on how we should conduct ourselves, or establish laws or rules for running these communities.
Lastly, the introductions to all these texts by Cicero tend to talk about Universal values, Universal laws, and Universal human nature very freely but I can’t help feeling they only apply to the Western world. The terms of reference seem very Eurocentric or Anglocentric or whatever the word is for Western-centric. Meaning that my reading about African tribes, cultures, laws and traditions, or what I know about Chinese history, and my personal experience of travelling in the Muslim world, suggest that there are many non-Western cultures which don’t share these ways of looking at the world at all. I’m guessing the same could be said about Indian culture, or the traditions of the native Americans of North or South America, the Australian aborigenes and any number of other cultures.
Liberals may be proud of the Universal Declaration of Human Rights (UDHR), adopted by the recently founded United Nations, founded by the soon-to-be-victorious Allies during the Second World War, based in New York, a document drafted by a committee chaired by the American president’s wife (Eleanor Roosevelt) – but the idea of universal set of values is not a fact about human beings but a high-minded aspiration.
I recently visited the British Museum exhibition on Stonehenge. This has a section describing life in Britain before the advent of the (first) agricultural revolution, which began in the Middle East 12,000 years ago. The human population of Britain was minuscule (maybe 5,000) arranged into tiny communities of hunter gatherers who lived deep amid nature as they found her, without the knowledge, means or incentive to change anything, to fell trees, clear land, burn forests and so on. Instead they considered themselves an integral part of nature, not set aside from it. They killed rarely and atoned for their killings with offerings. And the exhibition says this was the way of life for most hunter-gatherer societies for most of human history i.e. going back hundreds of thousands of years, back through all the various species of the genus Homo.
So I’m saying that Cicero’s premises are not only wrong in the theoretical/theological way that they posit the existence of One Universal God to explain the world around us, an explanation which has been utterly superseded by the scientific worldview – but wrong in all his factual claims about human nature, above all that it is universally the same, whereas we now know that there have been, and currently are, many, many, many more human cultures than Cicero could ever imagine.
The Romans thought the world amounted to one continent completely surrounded by a vast Ocean, punctuated by the middle-earth or Mediterranean Sea. They hugely underestimated the size of Africa, and thought the world ended with India and a little beyond the Ural mountains, so forming one circular continent. The historical examples Cicero bases his notion of a universal human nature on amount to a tiny sub-set of the actually existing cultures of his own time, and a minuscule sub-set of all the human cultures and societies which have existed over the face of the earth for the past several hundred thousand years.
So: this book is clever and interesting in all kinds of ways but it is based on multiple types of ignorance – deep, deep ignorance – which lead to false premises and wrong deductions on every page.
Cicero’s motivation
As we saw in De republica Cicero was a very practical-minded Roman. He wasn’t interested in airy-fairy philosophical speculations for their own sake. He was a staunch Roman patriot who wanted to preserve the Roman state. The practicalness of his motivation is stated explicitly mid-way through book one:
You see the direction which this discussion is taking. My whole thesis aims to bring stability to states, steadiness to cities, and well-being to communities. (I, 37)
He is not seeking ‘the truth’, so much as cherry-picking arguments from the range of Greek philosophy in order to shore up his practical and patriotic aim.
Book one
Cicero asserts that:
- human beings are blessed with the ultimate gift of the gods, Reason
- humans have a single way of living with one another which is universal
- all people in a community are held together by natural goodwill and kindness (I, 35)
As you can see, all these axioms are wrong and he goes on to deliver a slew of equally high-minded, fine-sounding sentiments which are equally false:
Law is the highest reason, inherent in nature, which enjoins what ought to be done and forbids the opposite. (I, 18)
Law is a force of nature, the intelligence and reason of a wise man, and the criterion of truth and injustice. (I, 19)
The creature of foresight, wisdom, variety, keenness, memory, endowed with reason and judgement, which we call man, was created by the supreme god to enjoy a remarkable status. Of all the types and species of living creatures he is the only one that participates in reason and reflection whereas none of the others do…Since there is nothing better than reason, and reason is present in both man and God, there is a primordial partnership between man and God. (I, 22-23)
No, humans were not created by God but evolved through natural processes. We now know that numerous other species certainly have memory, and many appear capable of thought and calculation. Who says there is nothing better than reason? A philosopher whose central subject is reason, which is like a carpenter saying there’s nothing better in the world than working with wood. Why is there nothing better in the world than reason. How about, say, love?
Since there is no God, the statement ‘since reason is present in both man and God, there is a primordial partnership between man and God’ is meaningless. Or more accurately, it has a meaning, but a meaning made out of words, in the same way that a poem about blue guitars floating up to the moon makes sense, but refers to nothing in the real world. On it goes:
Those who share reason also share right reason; and since that is law, we men must also be thought of as partners with the gods in law. (I, 23)
Those who obey the same laws effectively live in the same state and:
and they do in fact obey this celestial system, the divine mind, and the all-powerful god. Hence this whole universe must be thought of as a single community shared by gods and men. (I, 23)
In the course of the continuous circuits and revolutions of the heavens the right moment arrived for sowing the human race; that after being scattered and sown in the earth it was further endowed with the divine gift of mind; that whereas men derived the other elements in their makeup from their mortal nature…their mind was implanted in them by God. Hence we have…a lineage, origin or stock in common with gods…As a result man recognises God in as much as he recognises his place of origin…the same moral excellence in man and in God. (I, 24-25)
Cicero’s belief in God or gods isn’t tangential to his thought: his theism is absolutely central and vital to his entire view of human nature, reason, ethics, law and justice. And so, since there is no God, Cicero’s views on human nature, reason, ethics, law and justice are wrong from top to bottom. They may occasionally coincide with modern views based on humanistic atheism but these are accidental overlaps.
What makes this relatively short book (72 pages) so hard to read is that I disagreed with all his premises and almost all his conclusions. As a discussion of the theoretical basis of law and justice I found it useless. It has a sort of historical usefulness in shedding a very clear light on how a leading Roman lawyer conceived his profession and clearly explaining the kind of arguments about jurisprudence which were common in his day. And it includes references to Greek and Roman history which are anecdotally interesting. But every time he makes a general statement I find myself totally disagreeing and this eventually becomes very wearing:
Nature has lavished such a wealth of things on men for their use and convenience that every growing thing seems to have been given to us on purpose; it does not come into existence by chance. (I, 26)
Wrong: the life forms we see around us evolved by the process explained by Darwin, of which Cicero knows nothing; none of them were created ‘for our convenience’, instead food crops and livestock only began to be bred and fine-tuned for our use during the agricultural revolution which began some 10,000 years before Cicero’s time, of which he knew and understood nothing.
And the world does not exist ‘for our convenience’: it is precisely this self-centred sense of human privilege and entitlement which is very obviously destroying the earth in our own time.
God has created and equipped man in this way, intending him to take precedence over everything else. (I, 27)
Anthropocentrism. Narcissism*. Human chauvinism. Arrogance.
Nature made man alone erect, encouraging him to gaze at the heavens as being akin to him and his original home. (I, 27)
Sweet, poetic and false.
Cicero goes on to make the humanistic claim that people have more in common than separates them, we are all one human family. He is not stating this because he’d like to teach the world to sing in perfect harmony but because he wants to continue his thought that there is One God who has created one human race with One Reason and so it follows that there must be One Law to rule them all. Hence his insistence that there is One Human Nature. He claims that Reason:
- may vary in what it teaches but is constant in its ability to learn
- that what we perceive through the senses, we all perceive alike
- that perceptions which impinge on our minds do so on all minds in the same way
- that human speech may use different words but expresses the same ideas
- troubles and joys, desires and fears haunt the minds of all alike
He is trying to corral human nature into his One God, One Reason, One Human Nature therefore One Law argument, but each of those four statements is questionable or wrong, starting with the notion that everyone is alike in the ability to learn and ending with the notion that we all experience the same emotions. Demonstrably false.
This is the evidence, in reality just wishes and assertions, which leads him to conclude that there is One Justice and that it derives from Nature (I, 33). Again and again he repeats the same formulas:
There is one, single, justice. It binds together human society and has been established by one, single law. That law is right reason in commanding and forbidding. (I, 42)
We are inclined by nature to have a regard for others and that is the basis of justice. (I, 43)
But repeating false claims doesn’t make them true.
Nature has created perceptions that we have in common, and has sketched them in such a way that we classify honourable things as virtues and dishonourable things as vices. (I, 44)
And yet Cicero saw Scipio Africanus, the general who oversaw the complete destruction of Carthage and the selling of its entire population of 50,000 into slavery as an epitome of virtue and honour and glory. Is that a perception we all have in common? Probably not the population of Carthage.
Moral excellence is reason fully developed and that is certainly grounded in nature. (I, 45)
Goodness itself is good not because of people’s opinions but because of nature. (I, 46)
Here and in many other similar formulations you can see that what he is arguing against is the notion that goodness and morality and law are contingent upon human societies. If this is true then, for a patriotic, socially-minded conservative like Cicero, what follows is anarchy. (It is the same fear of anarchy which underpins his conservative preference to keep on worshipping the gods according to the traditional ceremonies, as expressed in De rerum deorum.)
For more pragmatic, sceptical and utilitarian-minded people like myself, what follows is not anarchy, but is certainly a complex and never-ending process of trying to create culture, morality and laws which allow for diversity and strike a balance between conflicting opinions, classes and needs. The unending messiness of democracy, in other words.
Book one is essentially in two parts: up to section 40-something he is laying down these basic principles, and then gets his brother and best friend to enthusiastically vouch that he has certainly proved them, that men were endowed with reason by the gods, men live with one another in the same way everywhere, and that all human communities are held together by the same universal justice (I, 35).
All good men love what is fair in itself and what is right in itself. (I, 48)
In the second half he introduces, or wanders off to consider, notions of the good and morality. Sometimes, reading Cicero, it feels like you can see the joins, the places where he moved from copying one Greek text to suddenly copying from another. The order is his but much of the source content is cribbed from Greek originals (as he freely admits in his letters and in the texts themselves) with the result that his works rarely feel like they have a steady clear direction of travel, but more like a collection of related topics thrown loosely together. And this partly explains why his so-called conclusions rarely feel really justified by what has preceded them.
The conclusion is obvious from what has been said, namely that one should strive after justice and every moral virtue for their own sake. (I, 48)
Therefore what is right should be sought and cultivated for itself. (I, 48)
The t-shirt slogans keep on coming:
Justice looks for no prize; it is sought for itself and is at once the cause and meaning of all virtues. (I, 48)
This reminds me of St Paul’s letter to the Corinthians:
Love is patient and kind; love does not envy or boast; it is not arrogant or rude… (1 Corinthians 13:4)
And the comparison confirms my sense that Cicero’s writings are less philosophy than wisdom literature, defined as: “statements by sages and the wise that offer teachings about divinity and virtue.”
A fundamental mistake he makes is common to dogmatists of his type, namely the false dilemma or false dichotomy, “an informal fallacy based on a premise that erroneously limits what options are available.” For, Cicero argues, if his account of One God endowing One Human Race with One Right Reason so that Justice and Virtue arise out of Nature is wrong – then the only alternative is chaos. For if people only act in their own self-interest, not according to Universal Justice, then:
where is a generous person to be found…what becomes of gratitude…where is that holy thing, friendship…what are we to say of restraint, temperance, and self-control? What od modesty, decency and chastity?… then there is no such thing as justice at all. (I, 49-50)
But this is a false dichotomy. There aren’t just two stark alternatives. There are, in reality, a huge variety of societies, laws, customs and traditions. Yes it may look like anarchy to a conservative like Cicero. But it is how human beings actually live. The false dichotomy is a way for an author to terrorise you into accepting his tendentious view.
Cicero is not seeking ‘the truth’; he is, like the excellent lawyer he was, making a case and using every rhetorical and logical sleight of hand to do so.
Quintus asks where all this is going (I, 52) and Marcus replies that he is steering the discussion towards a definition of the Highest Good. Oh God, how boring. As with all these conservative/authoritarian thinkers, there can only be one of everything, One God, One Human Nature, One Reason, One Justice, One State and One Good.
As usual he a) approaches the problem through a blizzard of references to Greek philosophers including Phaedrus, the Academy, Zeno, the Old Academy, Antiochus, Chios, Aristotle, Plato and b) fails to reach any meaningful conclusion. Whereas the Old Academy called what is honourable the highest good, Zeno said it was the only good, holding the same beliefs as Aristotle but using different terms. (I, 55).
Quintus suggests that:
There is no doubt about it: the highest good is either to live according to nature (i.e. to enjoy a life of moderation governed by moral excellence) or to follow nature and to live, so to speak, by the law (i.e. as far as possible to omit nothing in order to achieve what nature requires, which means the same as this: to live, as it were, by a code of moral excellence). (I, 56)
Great. Does that help anyone? No. Words, words, words. But when Quintus asks him to show what all this means in practice, Cicero at first pleads that it is beyond his powers. What isn’t beyond his powers is more highfalutin’ truisms:
Wisdom is the mother of all good things; the love of her gives us the word ‘philosophy’ from the Greek. Of all the gifts which the immortal gods have bestowed on human life none is richer or more abundant or more desirable. (I, 58)
Cicero deflects to invoke the famous maxim carved above the oracle at Delphi, Know thyself:
The person who knows himself will first of all realise that he possesses something divine, and he will compare his own inner nature to a kind of holy image placed within a temple. (I, 59)
Will he? The book concludes with a half page hymn of praise to the Truly Great Man Who Knows Himself, understands his mind is a gift from God, understands Wisdom and Virtue and Justice, and so is ideally placed to rule over his fellow men. In other words, the ideal Roman ruler of Cicero’s own time.
Book two
As a break, the characters describe the fictional walk they are taking through the countryside of around the Cicero family estate outside Cicero’s home town of Arpinum, 100 kilometres south east of Rome. Pleasant chat about the view (‘What could be more delightful?’) is artfully placed in order to lead on to consideration of love of birthplace and country. Never forget that Cicero was a fierce Roman patriot. A person’s birthplace:
is the country for which we should be willing to die, to which we should devote ourselves heart and soul, and on whose altar we should dedicate and consecrate all that is our. (II, 5)
All that is ours. Cicero is usually referred to as a lovely humanist but this is as fierce and total a patriotism as Mussolini’s. And then we return to consideration of the law and Cicero recapitulates his axioms for the umpteenth time:
Law was not thought up by the intelligence of human beings, nor is it some kind of resolution passed by communities, but rather an eternal force which rules the world by the wisdom of its commands and prohibitions…the original and final law is the intelligence of God, who ordains or forbids everything through reason. Hence that law which the gods have given to the human race is rightly praised, for it represents the intelligence of a wise man directed to issuing commands and prohibitions. (II, 8)
I think I disagree with pretty much every word of this. On it goes: the power of encouraging people to right actions:
is not only older than the existence of communities and states; it is coeval with that god who watches over and rules heaven and earth. (II, 10)
Repetition
If in doubt, repeat it again and again, bludgeoning your readers into submission:
Reason existed, reason derived from the nature of the universe, impelling people to right actions and restraining them from wrong. That reason did not first become law even it was written down, but rather when it came into being. And it came into being at the same time as the divine mind. Therefore the authentic original law, whose function is to command and forbid, is the right reason of Jupiter, Lord of all. (II, 10)
Mind you, in a note to page 162 Jonathan Powell points out that repeating ideas in different formulations in order to drive it home was a skill that was taught and practiced in the schools of rhetoric which Cicero attended.
The use value of religion
I mentioned above how the conservative Cicero thought religion should be kept up in order to maintain social structure, for its use value. In book two he makes this explicit:
Who would deny that these [religious] ideas are useful, bearing in mind how many contracts are strengthened by the swearing of oaths, how valuable religious scruples are for guaranteeing treaties, how many people are restrained from crime for fear of divine retribution…(II, 16)
One of the reasons Cicero despises and mocks Epicureans is because they sought to free people’s minds from fear of the gods. For Cicero (as for the ancient Jews) piety and morality begin with fear of the gods. This is very Roman, very practical-minded of Cicero. And explains why the population has to be brainwashed into believing in the gods:
Citizens should first of all be convinced of this, that the gods are lords and masters of everything; that what is done is done by their decision and authority; that they are, moreover, great benefactors of mankind and observe what kind of person everyone is…Minds imbued with these facts will surely not deviate from true and wholesome ideas. (II, 15)
I don’t need to point out how coercive and authoritarian this idea is. The gods are Big Brother, watching you, reading your thoughts, checking up that you obey Right Reason, as defined by Cicero and his class.
That said, Cicero’s attitude really only reflected the attitudes of most educated men of his time. They didn’t believe in their religion in the same way a Christian or Muslim believes in their God. Roman religion was, as Jonathan Powell puts it, by this period a matter almost entirely of public ritual, tradition and custom. Religious belief, in the post-Christian sense of the word, wasn’t required or checked. Obedience to custom and ritual, reverence for tradition, was all.
Cicero’s ideal laws concerning religion
All of which explains why, when he comes to actually enumerate the laws in his ideal state, Cicero does so with Laws Governing Religion. Anti-climactically, these turn out to be pretty much the same laws as govern Rome. Just as De republica concluded that the Roman constitution was the best imaginable constitution (a conclusion he repeatedly refers to here e.g. II, 23), so De legibus, when push comes to shove, concludes that the best possible laws the human mind could devise are…exactly the same as the laws of ancient Rome (II, 23).
The rest of the book is divided into two parts: a relatively considered statement of Cicero’s ideal laws concerning religion (sections 18 to 22) followed by a detailed commentary on each of them (sections 23 to 60). There follow pages and pages of detailed prescriptions about religious rites and rituals, an extraordinary level of detailed specification. There’s a short digression about the proper regulation of music to stop it becoming immoral and corrupting which made me think of Mary Whitehouse and demonstrates Cicero’s cultural conservatism, before we plunge back into thickets of religious law.
The contrast between the high minded rhetoric about the One God and Universal Human Nature and Divine Law in book one and the slavish iteration of Roman rules and regulations as the actual embodiment of this supposedly Universal Law is unintentionally comic. Bathos = “an effect of anti-climax created by an unintentional lapse in mood from the sublime to the trivial or ridiculous.”
The place of burial is not called a grave until the rites have been conducted and the pig has been slain. (II, 57)
Do not smooth the pure with a trowel. (II, 59)
Women shall not scratch their cheeks on the occasion of a funeral. (II, 64)
It is forbidden to decorate a tomb with stucco work. (II, 65)
Do these sound like the Universal Laws indicative of the Divine Mind which Cicero has been banging on about…or the customs and conventions accumulated by one particular little city state?
Once this lengthy and hyper-detailed account of Rome’s religious laws is finished, Cicero announces that the next most important element in the structure of the state is magistrates and that he will devote the next book to considering the ideal magistrate.
Book three
Cicero bases his thoughts about magistrates, like his thoughts about everything else, on God:
Nothing is so closely bound up with the decrees and terms of nature…as authority. Without that, no house or clan or state can survive – no nor the human race, nor the whole of nature, nor the very universe itself. For the universe obeys God; land and sea abide by the laws of the universe; and human life is subject to the commands of the supreme law. (III, 3)
As with book two, he gives a clipped concise statement of his ideal laws governing magistracies or public offices (sections 6 to 11, 3 pages) then a detailed commentary on them (sections 12 to 47, 14 pages).
And yet again he repeats that, since his ‘six previous books’ (i.e the De republica) ‘proved’ that the Roman constitution was the best one conceivable by the human mind, so, logically enough, the kind of Ideal Magistrate he intends to describe will also turn out to be…Roman ones!
And so indeed, it turns out, after consulting the Divine Mind, that the optimum state will feature quaestors, aediles, praetors, consuls and censors, a senate to propose laws and popular assemblies to vote on them – exactly like the Roman state! He has the good grace to have his characters admit that this is a little embarrassing:
QUINTUS: How succinctly, Marcus, you have drawn up a scheme of all the magistrates for our inspection! But they are almost identical with those of our own country, even if you have introduced a little novelty.
MARCUS: Yes, we are talking about the harmoniously mixed constitution which Scipio praised in those books and prefers to all others…and since our constitution was given the most sensible and well-adjusted form by our ancestors, I found little or nothing to change in the laws. (III, 12)
The latter part of book three goes into considerable details about all aspects of the Roman constitution, the peculiarities of the different magistracies, the age limits, the pros and cons of the tribunate, the different types of voting (by acclamation, writing down, secret ballot) and so on. This is quite interesting because it is, arguably, the most practical part of the book, describing Rome’s actual constitutional practices and debating points Cicero (or his more conservative brother, Quintus) would like to change, a bit, not too much.
Worth emphasising that the aim of all the tinkering round the edges which Cicero proposes is to ensure that power remains firmly in the hands of the aristocracy and out of the hands of the people at large.
Liberty will exist in the sense that the people are given the opportunity to do the aristocracy an honourable favour.
Thanks to my [proposed] law, the appearance of liberty is given to the people [and] the authority of the aristocracy is retained. (III, 39)
The end was nigh
This final section has a wistfully hypothetical air about it because, within a few short years the entire world it describes would be swept away.
Let us imagine that Cicero was half way through writing the book when, in 51 BC, he was called on to take up the governorship of Cilicia (the southern coast of modern Turkey) and served throughout the year 50.
This meant that he was out of Rome as the political confrontation between Caesar and the Senate came to a head. there was a flurry of proposals and counter proposals in December 50, all of which failed and prompted Caesar, in January 49, to cross with his army from Cisalpine Gaul where he held an official post, into mainland Italy, where he didn’t, thus breaking the law, making himself an outlaw, and sparking the five year civil war between himself and Pompey and his followers.
When peace was restored in 45 BC, Caesar had himself declared dictator for life thus turning the entire Roman constitution into a hollow shell and rendering On the laws, with their pages of pedantic footling about precise constitutional arrangements, redundant overnight. It became overnight a record of a specific historical moment, which was eclipsed before the book could even be completed.
Thoughts
Cicero is frequently held up as the godfather of humanism. Finding, translating and commenting on his books was a central element in the Renaissance, which saw the creation of modern ideas of humanism. (“Petrarch’s rediscovery of Cicero’s letters is often credited for initiating the 14th-century Renaissance.” Lumen).
However, as my close readings of De rerum deorum, De republica and De legibus amply demonstrate, Cicero’s ‘humanism’ is crucially, vitally, centrally based on his theism, his belief in One God who created human beings and implanted in them fragments of the Divine Reason which underpin all our values, morality, law, justice and statecraft.
Thus, in a nutshell: humanism derives from religious belief. Without its religious underpinning, humanism is nothing. It becomes a wish, a hope, a dream, with no factual or logical basis. I don’t say this to undermine humanistic values. I am probably a humanistic progressive liberal myself. Where I appear to differ from most of my tribe is I don’t believe these truths to be self evident. There are other ways of being human, other cultures, other values completely different from ours, probably the majority of human lives have very much not been lived according to these values. Several points follow:
1. We do not have the right to compel these other cultures into adherence to our values. That is no different from Victorian missionaries trying to convert tribes in Africa or Asia or Australia to their narrow Christian culture.
2. If we want to defend our values effectively against those who threaten them, for example Vladimir Putin or Xi Jinping, we must base them on really secure foundations, not wishes or aspirations. Far stronger foundations than Cicero, who wrote all these fancy words only to have his head cut off by Mark Antony’s bounty hunters. The sword is mightier than the pen.
* Cicero’s self promotion
It’s further evidence of Cicero’s self-centred narcissism that in several places in book 3 he manages to showehorn into the text the famous events of 63 BC, when he was consul and saved the state from the Cataline conspiracy. He gives a melodramatic account of the tremendous dangers he faced and how he single-handedly overcame them (III, 26) and then has Atticus fulsomely thank him for his efforts.
To be sure, the whole order is behind you and cherishes most happy memories of your consulship. (III, 29)
Cicero also takes the opportunity to remind everyone that he should never have been exiled (in 57 BC) and that’s why it needed no legislation to rescind his exile (III, 47). In other words, no matter what Cicero is writing about, the text has a strong tendency to end up being about himself.
There is something irredeemably comic about Cicero, like Oliver Hardy pretending to be Napoleon. It’s this hyper-intelligent, super articulate yet comical earnestness which has endeared him to 2,000 years of readers.
Niall Rudd’s translation
A word of praise for this Oxford University Press edition. I described, probably at too much length, how strongly I disliked the prose styles and odd attitudes of A.J. Woodman, who translated Sallust, and Carolyn Hammond, who translated Caesar’s Gallic War, both for OUP. This edition restored my faith in OUP editions of the classics.
The introduction, mostly written by Jonathan Powell, is a model of lucidity, useful and to the point, as are the scholarly and interesting notes. There is a useful list of names and an appendix giving a handy summary of the sometimes confusing Roman constitution.
The translation itself is by Professor Niall Rudd (1927 to 2015) and was first published in 1998. It is clear and unaffected – you feel you are engaging directly with the text. I cannot judge its fidelity to the source Latin, but it makes for a lucid, engaging read, as I hope you can tell from the many quotations I take from it. All round, it is a gold standard edition.
Credit
The Republic and The Laws by Cicero translated by Niall Rudd with introduction and notes by Jonathan Powell and Niall Rudd was published by Oxford University Press in 1998. All references are to the 2008 paperback edition.
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- Plutarch
- Plutarch’s Lives of Marius and Sulla
- Plutarch’s life of Sertorius
- Plutarch’s Life of Lucullus
- Plutarch’s Life of Crassus
- Plutarch’s Life of Pompey
- Plutarch’s Life of Cicero
- Plutarch’s Life of Cato the Younger
- Plutarch’s Life of Antony
- Plutarch’s Life of Brutus
- The letters of Cicero
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- On the nature of the gods by Cicero 3
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- Plutarch’s Life of Caesar
- The life of Julius Caesar by Suetonius
- The Gallic War by Julius Caesar – 1
- The Gallic War by Julius Caesar – 2
- The Gallic War by Julius Caesar – 3
- The Civil War by Julius Caesar – 1
- The Civil War by Julius Caesar – 2
- The Alexandrian War by Aulus Hirtius
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- Rubicon: The Triumph and Tragedy of the Roman Republic by Tom Holland (2003) – 2
- Imperium by Robert Harris (2006)
- The Inheritance of Rome by Chris Wickham (2009)
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- SPQR: A History of Ancient Rome by Mary Beard (2015) – 1
- SPQR: A History of Ancient Rome by Mary Beard (2015) – 2
- SPQR: A History of Ancient Rome by Mary Beard (2015) – 3. The Republic
- SPQR: A History of Ancient Rome by Mary Beard (2015) – 4. Republican timeline
- SPQR: A History of Ancient Rome by Mary Beard (2015) – 5. The emperors
- SPQR: A History of Ancient Rome by Mary Beard (2015) – 6. Social history
- SPQR: A History of Ancient Rome by Mary Beard (2015) – 7. The empire
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The Civil War by Julius Caesar – 1
Fortune, which has great influence in affairs generally and especially in war, produces by a slight disturbance of balance important changes in human affairs.
(The Civil War Book 3 chapter 68)
I picked up this 1967 Penguin paperback of Julius Caesar’s Civil Wars, translated by Jane Gardner, in the sensible A format size (18 cm by 11 cm) with reassuringly browned paper, in a second hand bookshop for just £2. Though nearly 60 years old it has fewer scuff marks and scratches than a book I recently bought ‘new’ from Amazon, ‘destroyer of books’, whose cover was smeared, scuffed and scratched.
This Penguin volume actually contains four ‘books’:
Only the first of these is nowadays thought to have been written by Caesar. The second is generally attributed to one of Caesar’s lieutenants, Aulus Hirtius, who had written the eighth and final book in The Gallic Wars, the final two by someone who was an eye witness but of lower military rank and a lot lower literary ability than Caesar.
However, the four texts are always included together because, whatever their shortcomings, they are clearly conceived as a set, taking the reader through the entire civil war, from Caesar’s crossing the river Rubicon a little south of Ravenna in January 49 BC, through to the final mopping up of Pompeian forces in 45.
Having read numerous accounts of the civil war, I think the single most important fact (which often doesn’t come over) is that within a few weeks of Caesar entering Italy with his army of Gaul, his opponent, Gnaeus Pompeius, fled Rome and fled Italy. We know from Cicero’s letters on the subject that even at the time, his allies and supporters thought this was a mistake and so it proved to be, handing mainland Italy and the capital over to Caesar almost without a fight (this narrative describes a handful of sieges and confrontations before almost all the towns and cities and army units in Italy simply went over to Caesar’s side).
Pompey’s flight a) handed Rome and Italy over to Caesar and b) meant that the civil war would be fought on foreign soil, eventually in all the provinces Rome ruled, meaning (from west to east) Spain, north Africa, the Province (the south of France featuring the major port of Marseilles), Greece, Egypt and Asia Minor.
Despite Caesar defeating Pompey’s main army at the battle of Pharsalus in central Greece in August 48 and Pompey’s flight to Egypt where he was murdered a month later, in September 48 – nonetheless, forces loyal to Pompey and led by his sons fought on in Spain, Africa and Asia. This explains why the civil war(s) continued for another 3 years and why the main text, The Civil War, which ends with the death of Pompey, needed to be continued with the three subsequent shorter texts, and why each of them focuses on a particular arena of the later stages of the war.
Gardner’s introduction
Jane Gardner gets straight to the point with a solid factual introduction to the fraught background to the outbreak of civil war between Caesar and Pompey in 49 BC. I was struck by the way she goes back 80 years to start her historical background with two key events:
1. The killing of Gracchus was the first time the forces competing in the Roman state spilled over into political violence.
2. Marius’s career showed that the system of annually changing magistrates and proconsuls was becoming too limited for Rome’s farflung military needs. (Julius Caesar’s aunt married Marius. His father and brother supported Marius. He grew up in the shadow of Marius’s populares party and narrowly avoided execution when the dictator Sulla, representing the optimates, took power in 82.)
Gardner gives a good brief overview of the events which led to the formation of the Triumvirate which Caesar set up between himself, Pompey and Crassus (60 BC); how he used this to secure his posting as proconsul to Cisalpine Gaul (swiftly expanded to include Transalpine Gaul); how friction in the triumvirate led to its renewal at a big conference at Luca in 56; and how it was undone by two hammerblows:
In Gardner’s hands, the centre of the story is Pompey’s inability to make his mind up. The same self-knowledge teetering on reticence which led him to peacefully disband his army on returning from the East in 62 plays out less positively in his inability to really make his mind up how to behave in the growing political crisis of the late 50s.
In Gardner’s account it is Pompey’s lack of decisiveness which creates the crisis of uncertainty and vacillation which Caesar eventually cuts through by crossing the Rubicon and creating a state of civil war. If Pompey had grasped the nettle and agreed with Caesar’s suggestion that they both lay down their commands at the same time and meet to discuss their issues, peace could have been preserved. But Pompey left it to others – senators such as Marcus Marcellus and Lucius Lentulus – to make proposals and counter-proposals which Caesar found unacceptable, until it was too late.
Eventually Caesar felt his position was so threatened that he decided to make a lightning strike from Cisalpine Gaul (northern Italy), where he legitimately held command, into Italy proper, where he very much didn’t. The river Rubicon separated these two territories. So crossing the Rubicon with one of his legions was illegal and universally interpreted as an attack on the government and constitution of Rome.
How it was written
During the eight years of his command in Gaul Caesar had got into the habit of writing commentarii or reports on each campaigning season, summarising his military campaigns, in brisk no-nonsense factual accounts. He had these sent to Rome to, in effect, justify his (often dubious) actions. These were probably dictated to secretaries while he was on the move, amid the numerous other correspondence and paperwork he dealt with. There are eight of them, one for each year of his command, and taken together they make up the document known as The Gallic Wars.
Having established the habit and method for doing this, it seems likely Caesar simply continued it to document the new conflict, which continued more or less without a break from his Gallic campaigns.
The Civil War
Caesar’s paranoia: ‘What is the aim of all these preparations but my destruction?’
At the start of his narrative Caesar deals briefly with the politics, with his offers and attempts at negotiations with the Senate, but it quickly falls into another litany of towns besieged and Pompeian forces which come over to his side, very similar in feel to the Gallic Wars.
Admittedly there isn’t the total destruction, massacres, selling into slavery and hostage-giving which characterised the Gallic Wars. But it is a general’s view of things i.e. a long list of territories and cities and towns which need to be taken and then secured by posting loyal officers in them.
A note on the army
A cohort contained 480 men. A legion contained ten cohorts. When you add in officers, engineers and cavalry (120 men plus horses) a legion numbered about 5,000 men.
The text of The Civil War is divided into three ‘books’, volumes or parts, each of which is further sub-divided into short numbered sections, conventionally referred to as ‘chapters’.
Part 1: The struggle begins (87 chapters)
(N.B. These dramatic titles don’t exist in the original text. They are inventions of the editor of the Penguin edition.)
1 to 6: Intransigence at Rome
Haste and confusion characterised every transaction. (5)
Quick summary of the hasty and confused debates in the Senate at the end of 50 BC, with the anti-Caesar faction calling for JC to be sent an ultimatum to lay down his command before negotiations could begin about his future. Caesar wanted to be allowed to stand for the consulship in his physical absence. He wanted to be elected consul because it would give him immunity from all prosecution for a year. Most of the Senate refused this idea because it was unprecedented and unconstitutional. Caesar read this refusal as a deliberate ploy so that when he laid down his command in Gaul and returned to Rome as a private citizen, he would be vulnerable to prosecution by his many enemies for his many dubious actions in Gaul. Senators like Cato had made it crystal clear he would launch a legal action against Caesar the second he set foot in Italy. Hence Caesar’s demand that he be given a consulship / legal immunity. But the legitimists, traditionalists and his actual enemies all rejected this. Impasse.
Caesar also learned that the end of 50 and start of 49 was seeing widespread conscription of soldiers across Italy. Pompey’s mouthpiece in the Senate, Scipio, tells them Pompey is ready to defend the state. When the Senate meets outside the city (because Pompey as a proconsul [of Spain] is not allowed within the city limits) Pompey tells them he has command of 10 legions and is ready to defend the state. The Penguin notes tell us this presumably means the 2 legions he had withdrawn from Caesar ostensibly to be sent to the East but which hadn’t left Italy yet; seven legions loyal to Pompey in Spain; and one under Domitius. (The fact that so many of Pompey’s legions were in Spain explains why Spain would turn out to be a main crucible of the war).
Caesar goes to some lengths to single out the treatment of the tribunes of the plebs, Mark Antony and Gaius Scribonius Curio. When they continued to lobby the Senate in Caesar’s favour, the most vehement senators threatened them with violence, and they were roughly manhandled out of the building, convincing both to disguise themselves and flee north to join Caesar. In constitutional terms they had been deprived of their right of veto and Caesar tries to give his agenda a gloss of respectability by saying one of his war aims is the restoration of the tribunes’ rights.
Caesar describes his demands as moderate and just, and implies that all his enemies had vested interests of one kind or another, not least securing positions of power from which they could extract bribes. He says all the year’s appointments to governorships, proconsulships and so on were hurried and unconstitutional.
7 to 15: Caesar reacts
Caesar assembles his men and pleads his cause. The Senate has:
So the troops all clamour to right these wrongs and protect his reputation. Caesar moves his legions south to Ariminum just within his province (of Cisalpine Gaul). Here he receives envoys from Pompey who remind him they have been friends and tell him to put his own grievances aside for the good of the state. Caesar adds to his list of grievances:
(9) Caesar makes counter-proposals:
When these demands are presented to Pompey and the consuls at Capua, Pompey replies that Caesar must return to Gaul, disband his army and only then will Pompey go to Spain. But until he does so, the Senate will continue with a general levy of troops throughout Italy (10).
Caesar rejects these demands as unfair, not least because no date would be set for Pompey’s departure, so he would be left in Italy with his two legions indefinitely. And Pompey’s refusal to meet and talk indicates lack of goodwill. So Caesar places cohorts in the towns surrounding Arretium and the narrative becomes a description of towns seized for his side (Pisarum, Faunum, Ancona).
Iguvium comes over to him. He sets off to take Auximum which is held by Attius Varus and the narrative settles down into a long list of small Italian towns and little known Roman officers who hold them. Caesar is at pains to emphasise that when he took towns he thanked the populations and, more often than not, let the officers who’d opposed him go free, as in the case of Lucius Pupius.
(14) The ease with which towns go over to Caesar causes panic at Rome where the two consuls raid the treasury then travel south to join Pompey at Capua, where he is stationed with his two legions. Arguably, the authorities’ abandonment of Rome meant the war was lost from the start.
Caesar continues marching south towards Asculum which was being held by Lentulus Spinther who, hearing of his approach, flees; Lucilius Hirrus similarly abandons Camerinum. But Lentulus rallies the remaining forces of both and takes them to Corfinium, which was being held by Domitius Ahenobarbus.
16 to 23: The siege of Corfinium
Caesar moves with characteristic speed and comes across Domitius’s forces dismantling a bridge over the river before they’ve finished the job, fights them off, and forces them into the town. Domitius is an effective opponent. He reinforces the town defences, sends a message to Pompey telling him to bring legions to surround Caesar, and addresses his men.
Sulmo, a town 7 miles away, is being held by the senator Quintus Lucretius and Attius but Caesar sends Mark Antony there and the townsfolk gladly open their gates and the troops go over to Caesar, who incorporates them into his own forces and lets Attius go free.
Caesar spends days building siege works. Domitius receives a reply from Pompey who refuses to come to his help, saying it would jeopardise his cause and no-one asked him to go to Corfinium. So Domitius deceitfully tells his troops Pompey is on his way, while making a plan with his closest advisors to secretly flee the town.
Word leaks out and the soldiers decide to abandon such a two-faced leader, arrest Domitius and send messages to Caesar saying they’re prepared to surrender. Caesar is wary of sending his troops into the town that night lest they loot it, so he sends the envoys back and maintains the siege. At dawn Lentulus asks for a private interview, is let out of the town and taken to Caesar who takes the opportunity (in the narrative) to reiterate his demands. He:
Are these the demands of ‘a revolutionary proconsul who placed his own dignitas above his country’? Discuss.
In the morning Caesar orders all the senators and magistrates hiding in Corfinium to be brought to him. He protects them from the jeers and insults of the soldiers, berates them for giving no thanks for the benefits he’s brought them and then, quite simply, lets them go. He has all the soldiers in the town swear allegiance to him. The magistrates of the town bring him 6 million sesterces but Caesar simply gives it back to Domitius to prove he is not interested in financial gain.
24 to 29: Pompey leaves Italy
Pompey had already abandoned Rome. Now he moves quickly to Canusium and then onto Brundisium, then, as now, the port for ships to Greece.
Caesar follows him, picking up Pompeian forces who abandon their leaders on the way. Caesar discovers the two consuls and most of Pompey’s army have taken ship for Dyrrachium, leaving Pompey inside Brundisium with 20 cohorts.
Caesar immediately starts building a great breakwater to block the port, but continues to send envoys to Pompey requesting a face-to-face meeting. Characteristically, Pompey doesn’t grasp the nettle but hides behind the constitutional nicety that, in the absence of the 2 consuls (who have fled) he is not authorised to negotiate.
In Caesar’s version, it is Pompey’s inability to take responsibility and engage in the kind of face-to-face discussions they had during the triumvirate which condemns Rome to civil war.
Caesar’s patience wears out, he realises he’s never going to get a sensible reply, and finally decides to conduct an all-out war (26).
The ships which had ferried Pompey’s first contingent to Greece now return and Pompey makes plans to embark the second and final cohort of troops. He fills the town with booby traps and a light guard on the city walls while the rest of the troops embark. At the last minute the guards are called and run down to the port, as the ships are setting off. Caesar’s men scale the walls, are helped by the townspeople to evade the traps, and some make it onto the water and capture two of Pompey’s ships which had gone aground on a breakwater.
Strategically, the best thing for Caesar would have been to pursue Pompey as quickly as possible but for the simple fact that Pompey had commandeered all the ships and waiting for new ones to be sent from Sicily or Gaul would lose the advantage. Meanwhile, most of Pompey’s legions were in Spain where a lot of the country’s nobles owed Pompey big debts of gratitude (for making them Roman citizens).
30 to 33: Caesar’s Senate
Accordingly Caesar sends lieutenants to Sardinia and Sicily which the Pompeian governors promptly flee.
Caesar’s noted enemy, Cato the Younger, governor of Sicily, makes a public speech about how Pompey had deceived him and the Senate into believing they were ready for war when they weren’t at all, and then flees to Africa, where the Pompeian Attius Varrus has taken control.
Having made his deployments Caesar goes to Rome and makes a long repetition of his complains directly to the remaining senators (32). He asks them to join him in governing Rome, otherwise he’ll do it by himself. But no-one volunteers to go as emissary to Pompey as they are afraid, and one of the tribunes has been suborned to filibuster events as long as possible, and so Caesar gives it up as a bad job and heads off for Gaul.
34 to 36: Resistance at Massilia
In the Province Caesar learns that Domitius has seized Massilia. Caesar makes a speech to the elders of Massilia who promise neutrality but meanwhile Domitius takes control, requisitioning ships from neighbouring ports. Caesar orders ships to be built in nearby ports then leaves Gaius Trebonius in charge of the siege of Massilia and marches on towards Spain.
37 to 55: The first Spanish campaign – Ilerda
The complex deployment and redeployment of Pompey’s lieutenants to the different provinces of Spain, which leads up to the siege of Ilerda, held by the Pompeian Lucius Afranius.
This is the first full-blown military encounter of the war and is described in Caesar’s usual technical detail, with siegeworks, attack and counter-attack. The river running past the town, the Sicoris, plays a key role, especially when there’s heavy rainfall and it and another river flood and wash away the bridges, leaving the Roman forces trapped between them, cut off from supplies of corn which, in any case, were short at this time of year. When a train of senators, magistrates, cohorts and cavalry arrive to join Caesar, they are prevented by the flooded rivers and attacked by Afranius’s forces.
All this is talked up by Afranius’s supporters and word spreads to Rome that the war is virtually over, which encouraged more to go over to Pompey’s side. But Caesar has boats made in a lightweight style he had seen in Britain, ferries enough of his troops over the flooded river to set up a base and then build a bridge from both sides. His cavalry attack a party out foraging Pompeians then fight off an enemy cavalry attack.
56 to 58: The naval fight at Massilia
The Pompeians under Domitius had built 17 warships while Caesar’s force under Decimus Brutus had hurriedly built far less at an island near Massilia. Domitius attacks. Caesar describes the composition and strengths of the opposing forces. Despite bad odds Caesar’s forces prevail.
59 to 80: Spain – a war of attrition
The situation swiftly changes:
Afranius and his colleague Petreius worry that they’re going to be cut off and so decide to abandon Ilerda and move deeper into Celtiberia, where the reputation of Pompey will guarantee support. They build a bridge across the Ebro 20 miles away just as the river hemming Caesar in becomes fordable. (To be honest, it is pretty difficult making sense of these complicated and often obscure descriptions of flooded rivers, bridges and fords.)
Caesar’s forces protest that they are hanging around while the enemy gets away, so Caesar selects the weakest to stay behind and guard the camp and the strongest to ford the river, which they just about manage to do. He forms them up and they pursue the fleeing Pompeians. They come up to them within a few miles of mountains, where both sides make camp.
Next day Caesar takes his men by a roundabout route to get to the bridge across the Ebro first. Afranius’s forces at first jeer them for fleeing the battlefield until they slowly realise they are going to be cut off. There follows complex manoeuvring to seize the high ground and the first of the mountain passes. Caesar’s forces massacre some of the Pompeian cavalry. Caesar’s men are all for finishing them off but Caesar thinks he can win without bloodshed and gives himself a speech saying he wants to avoid the deaths of citizens if at all possible. His army mutters and disagrees.
Next day some of the Pompeians are harassed when going to fetch water, so the leaders decide to build a protective rampart from their camp down to the water and go to supervise it. In their absence there is a mutiny with soldiers of all ranks, up to and including Afranius’s own son, fraternising with Caesar’s forces, calling out to friends, asking if they will be well treated if they surrender.
When Afranius hears all this he is ready to fall in with the capitulation. Petreius, on the other hand, stays resolute and with a small cavalry bodyguard descends on the fraternising soldiers, killing as many of Caesar’s as he can. He then tours the army, begging them not to abandon Pompey their leader; has the entire army, by centuries, repledge its oath of allegiance to him; and calls for anyone harbouring Caesarian soldiers to hand them over, before having them publicly executed in front of his soldiers. By terrorising his troops, Afranius restores discipline.
In his own camp Caesar shows his famous clemency, ordering soldiers from the opposing camp to be not punished but protected. And many chose to stay on with his side and Caesar was careful to show them honour. The Pompeians are running out of food and finding it hard to access water so they decide to march back to Ilerda. Caesar harasses their rearguard all the way.
81 to 87: The Pompeians capitulate
Caesar forces the Pompeians to make camp a distance from water, sets up his own camp and starts making siegeworks. On the second day the Pompeians come out to offer battle but a) Caesar doesn’t want unnecessary bloodshed and b) he doesn’t think there’s sufficient space (2 miles) between the camps to enforce a decisive victory. In the event, despite being impressively drawn up, neither side offers battle and at sunset they both withdraw to their camps.
Caesar sends his cavalry ahead to secure the ford over the river Sicoris thus cutting off the Pompeians from their intended route. At which point, starving and thirsty, the Pompeian leaders sue for peace, at a public meeting held in sight of both armies. Caesar makes a long speech in which he recapitulates the wrongs he has endured and the broader historical picture in which he claims that an army has been maintained in Spain (which is at peace and hardly needs it) purely to attack him. He lists other innovations whose sole purpose has been to threaten and attack him at the will of a ‘clique’ in Rome.
In a magnanimous display of clemency Caesar announces his only condition for peace is the disbanding of this Spanish army and everyone can go free. The location of demobilisation is set as the river Var. The Pompeian army cheer, as they had expected punishment of some sort, and clamour to be demobilised sooner rather than later. Caesar promises to supply them corn till they reach the Var and compensate all soldiers for any property lost to his men.
A third of the army was disbanded in the next 2 days, the rest marched under escort to the Var and was disbanded there. Caesar is at pains to convey his consistent humanity and clemency.
Part 2: Securing the West (44 chapters)
1 to 16: The siege of Massilia
Caesar’s lieutenant Gaius Trebonius continues the siege of Massilia. Pompey sends Lucius Nasidius with a fleet of ships to help out. These join forces with Lucius Domitius and Caesar describes a big sea battle which the Caesarean fleet of Decimus Brutus wins.
Caesar gives a very detailed description of the siege works his men build against the wall of Massilia which eventually weaken it. Envoys from the city come out and plead for mercy from Trebonius and beg to wait the return of Caesar. The result is a ceasefire during which both sides slacken off. Until some of the besieged garrison, that is, make a sortie with firebrands and successfully burn down one of the besieging towers. This makes the besiegers return to construction with a vengeance and less inclined to forgiveness.
17 to 21: Spain – surrender of Varro
In Further Spain Pompeian governor Marcus Varro hesitates which side to support until he hears misleading news of Pompeian victories at Ilerda and Massilia, whereupon he comes down fiercely on the Pompeian side, persecuting towns and individuals said to sympathise with Caesar.
Caesar for his part wants to return to Italy but knows he must finish the job in Spain or it will remain a Pompeian stronghold in his rear. In the event the plans of the Pompeian governor Marcus Terentius Varro are overthrown as town after town of Hither Spain declares for Caesar till eventually Varro surrenders to Caesar without a fight all his forces and money.
Caesar holds councils at Corduba and elsewhere, rewarding towns and communities. He puts Quintus Cassius in charge of the province and travels back to Massilia.
22: Massilia capitulates
Two defeats at sea, the undermining of their walls, starvation and an outbreak of pestilence convince the inhabitants of Massilia (called Massiliotes) to surrender. Their governor Lucius Domitius escapes by ship. Caesar accepts Massilia’s submission, leaves two legions to guard it and hastens back to Rome.
23 to 36: Africa – Curio’s campaign
Caesarean Gaius Scribonius Curio’s campaign in Tunisia against the Pompeian Publius Attius Varus. Curio is over-confident of success, only taking 2 of the 4 legions Caesar gave him to Africa. Here he camps opposite Varus’s camp outside Utica and has an initial success when his cavalry routs some of Pompey’s.
Now a lot of Curio’s men came from the Pompeian forces which surrendered at the siege of Corfinium. Varus has one of his men ride up and down opposite Curio’s lines, reminding them of their original oath to Pompey. This gives rise to rumours and dissension within Curio’s army and his advisers are split between forcing an attack on Utica or withdrawing to their original camp, Castra Cornelia, along the coast.
Caesar depicts Curio giving a speech to his advisers saying he’ll take neither course of action, and then addressing his troops at length, saying it was their example of abandoning Pompey which helped turn over Italy to Caesar, how Caesar has won 2 provinces in Spain, plus Massilia, pointing out that they didn’t desert their general Lucius Domitius, it was Lucius Domitius who deserted them. And lastly asking whether he has been a good and fair general to them.
This rouses them so much that on the following day they brave a difficult ravine between the two armies to take Varus’s forces by storm and force him right back, to abandon his camp and take refuge in the town.
37 to 44: Curio’s last stand
Then Curio hears that king Juba of the Numidians is approaching and withdraws his legions from the advanced camp back to Camp Castra, and sends to Sicily for food. The camp would be very well positioned to stand a long siege, but when Curio hears the king himself has been distracted by a tribal war and is only sending his lieutenant, Saburra, with a smaller force he willingly believes it. At nightfall Curio sends all his cavalry to ambush Saburra at the river Bagradas, which they successfully do.
Curio receives the triumphant cavalry back with their prisoners and loot as proof of victory and leads his infantry out in the middle of the night with the plan to force march to attack Saburra while the latter is still in confusion. What he doesn’t know is that King Juba very much is marching his way and that, when he hears of Saburra’s setback, he sends him 2,000 of his best cavalry and continues his infantry march to join him.
With the result that Curio’s force confronts Saburra’s forces in full battle order. Curio is victorious wherever he attacks but a) his on cavalry is slow and tired and b) his men are outnumbered. Reinforcements from the king continually arrive until Curio is surrounded. He sees a nearby hill and orders his men to gather there to make a stand, but enemy cavalry possess it first, at which point Curio’s men give up. His officers encourage him to flee the field but he says he couldn’t face Caesar after losing the army he gave him and so fights on till he’s killed.
Back at Camp Cornelia the rest of Curio’s forces panic and, when the quaestor Marcus Rufus tries to organise an orderly departure by ship, the men panic and swamp the boats, sinking many and discouraging the other ships from coming into harbour. Only a handful of officers and centurions make it aboard and so back to Sicily alive. The rest surrender to Varus.
Next day when King Juba arrives and sees cohorts of survivors in front of Utica he declares them his spoils of war and has them all executed. Varus is too weak and scared to prevent him.
End of Part 2. Part 3 is summarised in the next blog post.
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Posted by Simon on June 10, 2022
https://astrofella.wordpress.com/2022/06/10/the-civil-war-julius-caesar-1/