Augustus: From Revolutionary to Emperor by Adrian Goldsworthy (2014) – 1

Augustus was one of the most successful rulers of all time. He rescued Rome from the recurring collapse of its political institutions into civil war which dogged the years 100 to 30 BC, and established an entirely new form of government – what he called the ‘principate’ but which came to be called imperial rule – which went on to last for 250 years. Even after the empire collapsed in the West, its ghostly image lived in for a further thousand years in Byzantium.

Augustus ruled longer than any other Roman ruler, whether king, dictator or emperor. He nearly doubled the size of the empire. His reforms endured for centuries. It beggars belief that he entered the toxic jungle of Roman politics when he was just eighteen years old and proceeded to outwit and defeat all his opponents, defeating some in war, having some murdered, forcing others to commit to suicide, to emerge as the unchallenged ruler of the greatest empire Europe has ever seen.

Augustus’s name

First, the name. He was born Caius Octavius. On being adopted as Julius Caesar’s heir he took his legal father’s name, becoming Caius Julius Caesar. In the decade after Caesar’s assassination he slowly dropped the Caius, sometimes operating under the exact same name as the dead general, sometimes adding the title Imperator at the start of his name. Mark Antony commented that he was ‘a boy who owed everything to his name’ which was certainly true at the start. When Caesar was deified by the senate, Octavianus added ‘son of the divine Julius’ in some contexts. Finally, in 27, he was awarded the made-up title ‘Augustus’ by the senate.

In other words, maybe the most important thing about Augustus is his shape-shifting changes of identity. He played the Name Game as deftly as he played the terrifying power politics of the Republic. And when it ceased to be a republic and he established himself as the sole authority figure, he was again careful not to use the name king (heaven forbid) or even empire and emperor. Instead he used the semi-official term princeps meaning ‘first citizen’ to describe himself and principate to describe the kind of political system he proceeded to build around him.

Goldsworthy says he will use the name Julius Caesar to refer to him, but I think that’s pretty confusing. Although I take the point that only his enemies called him Octavianus, I will use the more usual tradition of calling him Octavian until he is awarded the title Augustus.

Goldsworthy says historians tend to divide history into neat periods, having the Republican era end with the assassination of Julius and starting the Augustan era with the defeat of Antony at Actium. This has the effect of underplaying the key period from 44 to 31 BC which Octavian spent mostly in Rome or Italy, consolidating his grip on power by establishing favourites, contacts and clients who he placed in positions of power at all levels.

Dr Adrian Goldsworthy

Goldsworthy was (born in Wales in 1969, educated at private school and Oxford) is a historian specialising in the Roman army and Roman history (although he has also written half a dozen historical novels set during the Napoleonic wars). According to his introduction to this book, it was while developing his interest in the Roman army into a blockbuster biography of Julius Caesar (2006) that he became aware of the glaring absence of a good, scholarly but accessible biography of the latter’s adoptive son and heir, Caius Octavianus, known to history as the emperor Augustus (63 BC to 14 AD), inventor of the Roman Empire. So he wrote it.

It’s a big book, 607 pages long, including a 100 pages of bibliography, notes, index, a glossary of terms, a list of key personages, and a series of intimidatingly complicated family trees of the key players. But beyond this, it is also an outstanding introduction to the rules and practices surrounding Roman power.

Augustus’s father

In the opening 50 pages in particular, as Goldsworthy describes the promising career of Augustus’s father (Caius Octavius, born 100 BC and steadily rising through the ranks of the cursus honorem and just about to stand for consul when he died of a sudden illness in 59) he interweaves masses of background information about the Roman constitution, customs and conventions, which make the book a useful introduction to all aspects of the Rome of the late Republic.

Background facts

I found his explanation of the precise way in which elections to the different magistracies were held particularly enlightening (the election of the praetors pages 41 to 43), but he also gives to-the-point explanations of:

  • Roman marriage (a Roman husband had only to utter the phrase ‘take your things for yourself’ – tuas res tibi habeto – to separate from his wife, p.163)
  • the meanings of the words optimates (the best men or aristocracy), populares (aristocrats pandering the populist agenda such as free food allowance, forgiveness of debts or land distribution), plebs (the majority of people, defined in contrast to the patricians, or ‘best’ or more noble families) (p.51)
  • the property qualifications needed to be a member of the equites or knightly class
  • the absence of any political parties and so the way Roman society was structured around bonds of obligation between patrons and clients

He explains exactly which officials were involved in Roman trials and how the court was physically laid out (p.43). (Cicero thought so highly of Caius Octavius’s conduct as praetor supervising trials that he wrote to his brother Quintus telling him to copy his example, p.44.) He explains how the role of provincial governor was notoriously regarded as a way to get rich quick by extorting taxes and bribes from Rome’s subjects (p.45).

Training boys He tells us how boys of aristocratic families from the age of five were encouraged to observe their fathers going about their business, receiving clients, attending the senate. Within a year or so they began physical exercise on the Campus Martius and learned to ride a horse, throw a javelin and fight with sword or shield.

Education There were about 20 schools in Rome, for those who could afford them, though the really rich would hire a grammaticus, a teacher of language and literature, to tutor their sons in reading and writing at home (p.55).

Background He gives very clear accounts of the events which formed the background to preceded Gaius’s career, namely the civil war between Marius and Sulla in the 80s, then the rise of the boy wonder general Pompey in the 70s, the rebellions of Lepidus and Sertorius, the disaffection which led up to the conspiracy of Catilina in 63 BC which was the same year Pompey returned from his military command against Mithridates in Asia and ostentatiously disbanded his army at Brundisium, thus demonstrating his democratic bona fides.

Unlike Mary Beard’s rambling history of Rome, which organises itself around a succession of irritating rhetorical questions, Goldsworthy just gets on and tells you interesting stuff, very interesting stuff, in plain no-nonsense prose, which is why I found this an addictive read.

More background facts

Women’s names Roman women kept their name throughout their lives and did not change it at marriage. Generally they only had one name, unlike aristocratic men who had three (the praenomen, nomen and cognomen, sometimes with a nickname added), hence Julia, Fulvia, Terentia, Tullia. They were generally given a female version of the clan name, hence Caius Julius Caesar’s sister was called Julia and Marcus Tullius Cicero’s daughter was named Tullia (p.23), Titus Pomponia’s daughter was called Pomponia (p.356) and so on.

If there were two daughters they were given the same name and the aftername major or minor, meaning in this context, older and junior. If many daughters, they were sometimes numbered: Julia 1, Julia 2, Julia 3 and so on. Thus Augustus’s mother, Atia, was so called because it was the gens or family name of her father, Marcus Atius Balbus. She probably had an older sister, who had the same name, and so was sometimes called Atia Secunda.

Marriage alliances Marriage was a tool of political alignment or social advantage, consolidating links between (generally powerful) families. Hence Pompey’s marriage to Caesar’s daughter, Julia, and Octavius marrying his sister, Octavia, off to Mark Antony (p.35).

Personal abuse was the common coin of political exchanges (p.33) in fact high political discourse and, by extension the courts, were characterised by astonishing levels of ‘violent and imaginative abuse’ (p.131).

Publicans There was a profession of men who undertook state contracts such as collecting taxes in subjugated provinces. These were called publicani, a term which is translated as publicans in the King James version of the New Testament.

Personality Having just read some courtroom speeches by Cicero, it is relevant to read that in the many elections held for official office throughout the Roman year, the electors rarely if ever voted for a clearly articulated political programme or policies, but far more on the basis of character (plus a hefty amount of bribery) – more or less as jurors at trials were subjected to much more argumentation about the defendant’s (and the prosecuting and defence attorney’s) characters, than about any actual facts or evidence (p.37).

Clients The importance to politicians of being accompanied at all times by a crowd of clients, who waited outside your front door from early morning, some of whom you admitted for audience, the rest following you as you emerged and made your way down to the forum and to the senate house. If eminent or notable men were in this attending crowd, all the better (p.39).

These ties of family, clan and class were not incidental but intrinsic to Roman society:

Men rose to high office through the support of new or inherited friendships and bonds of patronage, and by marriage alliances. (p.356)

The praetors Each year eight praetors were elected, seven of them to preside over the seven courts of quaestiones established by the dictator Sulla, the eighth to be praetor urbanus with wide-ranging legal powers.

Prosecuting Goldsworthy confirms D.H. Berry’s account in his introduction to Cicero’s defence speeches, that a) since there was no equivalent of the Crown or State legal cases could only be brought by individuals and b) prosecuting was seen as invidious, unless one was defending family pride or there was a really gross example of wrongdoing – and so accusers tended to be young men out to make a name for themselves with one or two eye-catching prosecutions, before settling into the more congenial and socially accepted role of defence counsel, exactly the career Cicero followed (p.43), a point repeated on page 281:

Prosecution was generally left to the young, and had long provided an opportunity for youthful aristocrats to catch the public eye at an early stage in their careers.

The rabble rouser Publius Clodius Pulcher’s support came largely from the collegia or guilds of tradesemen (p.57).

Aristocratic funerals were public events, designed to impress and remind everyone of a family’s antiquity and noble achievements for the state, commencing with a ceremony in the forum and then a procession to beyond the city walls where the cremation was carried out (p.65).

The toga is, on the face of it, a simple item of clothing: a roughly semicircular cloth, between 12 and 20 feet long, worn draped over the shoulders and around the body. It was usually woven from white wool, and was worn over a tunic. But there were at least half a dozen types or styles, several of which had important social meanings:

  • the toga virilis or ‘toga of manhood’, also known as toga alba or toga pura was a plain white toga, worn on formal occasions by adult male commoners, and by senators not holding a curule magistracy: it represented adult male citizenship and its attendant rights, freedoms and responsibilities
  • the toga praetexta, a white toga with a broad purple stripe on its border, worn over a tunic with two broad, vertical purple stripes, the formal costume for:
    • curule magistrates in their official functions
    • freeborn boys before they came of age
    • the strip indicated the wearer’s protection by law from sexual predation and immoral; a praetexta was thought effective against malignant magic, as were a boy’s bulla, and a girl’s lunula, amulets they wore round their necks
  • the toga candida or ‘bright toga’, from the Latin adjective candida, meaning pure white, a toga rubbed with chalk to a dazzling white and worn by candidates for election
  • the toga picta or ‘painted toga’, dyed solid purple, decorated with imagery in gold thread and worn over a similarly-decorated tunica palmata, this was worn by generals in their triumphs

Courtesans Goldsworthy explains something which had slightly puzzled me in the plays of Plautus and Terence, which is that, above and beyond the many brothels in Rome, there was a class of high-end courtesans ‘who needed to be wooed and cared for in expensive style’ (p.69). In England in 2022, I imagined that a client pays for a courtesan and then can have his way, but the comedies of Plautus and Terence depict courtesans as being every bit as independent and strong-willed as a mistress.

Senate hours The senate was not allowed to sit after dusk. As the sun set senators knew it was time to wind up a debate. This explains how Marcus Porcius Cato was able on numerous occasions to filibuster or talk non-stop, refusing to sit down, until dusk came and the session had to end, in order to prevent decisions being passed which he objected to (p.107).

Centurions Goldsworthy is at pains to bust various myths, for example the one that centurions were experienced old bloods raised from the ranks to become a kind of sergeant major figure. Wrong. They ‘were men of property and often came from the aristocracies of the country towns of Italy’ (p.123).

Piety (pietas in Latin), the honour owed to gods, country and especially parents, was a profound and very Roman duty. [Augustus] proclaimed his own pietas as he avenged his murdered father. (p.158)

Pietas was a virtue central to Rome’s sense of identity and the neglect of proper reverence due to the old gods of the Roman people was symptomatic of the moral decline of recent generations, so evident in the decades of discord and violence. (p.224)

Moral explanations of everything As I explained in reviews of Plutarch and Cicero’s speeches, lacking any of the numerous theories which we nowadays use to explain social change and development, all the Romans had was a very basic recourse to notions of morality:

Moral explanations for upheaval came most readily to the Roman mind, and so restoration must involve changes in behaviour, conduct and a reassertion of a good relationship with the gods who had guided Rome’s rise to greatness. (p.224)

Auguries In a sense, you can see the rich paraphernalia of auguries, soothsayers, oracles and so on as reflecting the same complete absence of rational theory. Completely lacking the modern infrastructure of statistics, data, social trends, as we use them to analyse and manage the economy, trade, population, illness and even military encounters, the ancients were thrown back on two extremely primitive vectors of explanation – the moral character of Great Men, and the moods or wishes of the capricious gods.

Animal sacrifice (p.331)

Decimation was the traditional punishment, though already antiquated by Octavius’s day, of punishing a mutinous or cowardly legion by having one man in ten beaten to death and the rest shamed by receiving barley – food traditionally given to slaves and animals – instead of wheat (p.177)

Spolia opima (‘rich spoils’) were the armour, arms, and other effects that an ancient Roman general stripped from the body of an opposing commander slain in single combat. The spolia opima were regarded as the most honourable of the several kinds of war trophies a commander could obtain, including enemy military standards and the peaks of warships.

Caesar’s scruples By the time Octavius, Antony and Lepidus had raised armies to back them up, with Cassius and Brutus raising armies in the East and Sextus Pompeius in control of Sicily i.e. in the late 40s BC, the issue which triggered the civil war between Caesar and Pompey – whether Caesar was allowed to enter Italy with his army of Gaul – had vanished like dew, become completely irrelevant in a world where first Octavius, then Antony, not only marched legions on Rome, but put it under military occupation. All the pettifogging precision of the debates about Caesar’s rights and privileges were ancient history within less than a decade (p.178)

Antony’s drunkenness Many of the leading politicians were also authors, pre-eminently Caesar. Mark Antony published just the one book, De sua ebrietate (‘On his drunkenness’) a touchy defence admitting that he liked getting drunk buy denying accusations that he was ever under the influence while performing official or military duties. Sadly, like the autobiographies of Sulla and Augustus himself, it has not survived (p.185).

Aged 33 When he was 33, Julius Caesar encountered a statue of Alexander the Great in Spain, and according to Plutarch and Suetonius either burst into tears or heaved a heavy sigh and explained to his colleagues that by his age Alexander had conquered the known world whereas he, Caesar, had achieved nothing. By sharp contrast, Goldsworthy points out how, with the deaths of Brutus and Cassius, Anthony and Cleopatra, by 30 BC Octavius, himself now widely known as Caius Julius Caesar Octavianus, had done the same – making himself master of Rome and unrivalled ruler of the Mediterranean world (p.194). He commanded 60 legions, more than any Roman commander in history (p.204).

Special commands The wonderfully intricate and carefully balanced Roman constitution was a marvel of checks and balances, but it also led, increasingly in the late Republic, to blockage and inaction, as rival political leaders preferred to stymy each other’s initiatives regardless of the best interests of the Republic. Which is why the state found itself reverting increasingly to giving Special Commands to (particularly military) commanders, such as Pompey received to sort out the pirates, then sort out King Mithridates. And which, unconsciously, as it were, prepared both the senate and the people to the idea that rule by one man (Augustus) was more likely to get things done than the increasingly fractious rule of consuls, tribunes and the rest of it (p.235).

Augustus was able to make things happen. If he was not involved then the inertia which had characterised senatorial government for so many years seemed to return. (p.276)

Images In the long years of his rule Augustus worked hard to ensure that his image became more widespread around the Mediterranean than the images of any other individual, whether human or divine. It was on every coin, created in mints all round the empire, and depicted in thousands of statues he had erected in towns and cities everywhere. We have far more images of Augustus than any other figure from the ancient world (250 statues survive and countless coins).

He was everywhere, his name, image or symbols on monuments in the heart of Rome, in the towns of Italy and throughout the provinces. (p.305)

And yet he single-handedly overthrew the longstanding Roman tradition of very realistic sculpture which depicts figures such as Marius, Sulla, Caesar or Pompey with distinctive features, jowls and wrinkles, with pomaded quiffs or thin combovers or whatever – Augustus swept this all away and ensured the image of him was standardised around the empire, to depict an idealised image of the nations’ ruler, handsome, authoritative and tall, and above all in the prime of manhood, young and virile and decisive.

Statue of Augustus found in 1863 nine miles from Rome in the suburb of Prima Porta. Note the depiction on his breastplate of the return to Rome of the legionary standards seized by the Parthians in victories over Crassus and Antony, but returned to Augustus in 20 BC

Among the thousands of images of Augustus which survive none deviate from this strict model, there are no images of him as a middle-aged or old man (p.256). And yet we know from Suetonius how far removed from reality this image was: in real life Octavius was shorter than average, with bad teeth, and a skin so sensitive that far from strutting round in military armour he preferred to be carried about in a litter and wore a broad-brimmed floppy hat to protect himself from the sun (Goldsworthy p.300; Suetonius Augustus, 82).

Temper Augustus had a bad temper, something he learned to control in later life. One of his tutors, the Greek teacher of rhetoric Athenodorus, told him that every time he lost his temper, ‘recite the alphabet before you speak’ (p.202).

Goldsworthy’s military expertise

Goldsworthy began his career as a military historian of the Roman army. His first publications were:

  • The Roman Army at War 100 BC (1996)
  • Roman Warfare (2000)
  • The Punic Wars (2000)
  • Fields of Battle: Cannae (2001)
  • Caesar’s Civil War: 49 to 44 BC (2002)
  • The Complete Roman Army (2003)

His summaries of the hectic political events which led up to the assassination of Caesar (15 March 44 BC) and then the confused manouevrings of the various parties in the years that followed are always good and clear, and he also gives, as mentioned above, a continual feed of clear, useful background information about all aspects of the Roman state.

But with the outbreak of the wars which Octavius was directly involved in, from about page 100 onwards, the narrative gives more space and time to explaining the campaigns and battles and the military background than previously – the number of legions, their actual likely strengths, their supply lines and so on. Suddenly a good deal more military history is included.

Several things emerge from this: for a start size mattered:

In the civil wars of these years there was great emphasis on mass, on simply fielding more legions than the opposition. There was also a well-entrenched Roman belief that throwing numbers and resources at a problem ought to being success. (p.165)

A commander’s prestige relied more on the number of his legions than the precise total of soldiers under his command, so there was a tendency to raise lots of units, which in turn had the added advantage of giving plenty of opportunities to promote loyal followers to the senior ranks. (p.125)

Another key and surprising fact which emerges is that the Roman armies weren’t that good. Good enough to defeat chaotic barbarians, maybe, but just because they were Romans didn’t guarantee quality. Goldsworthy goes out of his way to highlight that Mark Antony was very much not the great military leader later historians mistake him for, having had quite limited experience of command. Several examples: none of the four main commanders at the Battle(s) of Philippi (3 and 23 October 42 BC), Mark Antony, Octavius, Cassius or Brutus, had anything like the experience of Pompey or Caesar. Moreover they had, as explained above, all devoted a lot of energy to raising large armies without making sure that they were particularly well trained; in fact new recruits were by definition the opposite; easily spooked and ready to run.

This was a war fought by large and clumsy armies, where none of the senior officers had any experience of warfare on so grand a scale. On each side the armies remained to a great degree separate, loyal only to the leader who paid them. They formed up beside each other, but they were not integrated into a single command. (p.138)

This all explains why Philippi was such a confusing mess:

Cumbersome and essentially amateur armies given poor leadership, or none at all, turned the First Battle of Philippi into a draw. (p.141)

This is very important information but it’s the kind of thing which is often skipped over in political histories which concentrate solely on the political machinations between rivals. And yet Roman history is pre-eminently military; it was a highly militarised society in which the entire aristocracy was trained and motivated to achieve glorious victories in war.

The greatest service to the Republic was to defeat a foreign enemy. (p.173)

That quite a few of these military leaders were actually incompetent is something which is glossed over in other accounts but foregrounded in Goldsworthy’s.

This explains, for example, the wretched destruction of Marcus Licinius Crassus’s badly led and undisciplined army in Parthia in 53 BC; and also sheds light on Antony’s almost-as-disastrous defeat in the same territory in 36 BC (this is a summary from Wikipedia):

As Antony marched his huge army of 80,000 soldiers into Parthian territory the Parthians simply withdrew. In order to move faster, Antony left his logistics train in the care of two legions (approximately 10,000 soldiers), which was attacked and completely destroyed by the Parthian army before Antony could rescue them. Antony pressed his army forward and set siege to the provincial capital but failed to take it and by mid-October had to withdraw. The retreat was mercilessly harried by the Parthians. According to Plutarch, eighteen battles were fought between the retreating Romans and the Parthians during the month-long march back to Armenia, with approximately 20,000 infantry and 4,000 cavalry dying during the retreat alone.

And so, from page 100 or thereabouts, Goldsworthy with his military historian hat on gives us descriptions of various campaigns which aren’t disproportionately long but longer than a political historian without his specialist military knowledge would have given:

  • Antony’s siege of the senatorial army in Mutina, pages 115 to 120
  • the build-up to the decisive Battle of Philippi, from page 134
  • the campaign against Sextus Pompeius in Sicily, pages 165 to 168
  • Octavius’s campaign in Illyria, pages 174 to 178
  • Antony’s big military disaster in Parthia, pages 172 to 173
  • Antony’s defeat at the Battle of Actium, pages 188 to 192

Goldsworthy makes another interesting point which is that, ideally, the Romans didn’t negotiate:

For the Romans, true peace was the product of victory, ideally so complete that the same enemy would never need to be fought again…Conflicts ended with absolute victory, the Romans dictating the terms, and not in compromise or concessions. (p.197)

This helps to explain the way that, in Caesar’s campaigns in Gaul, he was continually looking for excuses to crush new enemies: the slightest provocation or incursion was all he needed to justify punitive invasions and crushing conquest (p.226) which his critics in Rome (notable Cato the Younger) thought unwarranted and illegal.

Peace was celebrated but it was a Roman peace, following on from military victory…[a] peace of unchallenged Roman dominance. (p.359)

On the one hand this unremitting drive for total victory explains the sense of an unstoppable military machine which peoples all round the Mediterranean experienced. But on the downside, it explains the bitterness and the brutality of their civil wars, for they brought the same drive for total victory to their wars among themselves (p.197).

They don’t swamp the book at all, but Goldsworthy gives more detail about the state and nature of the armies and combatants in these and many other confrontations than a purely political historian would give, and, as always with Goldsworthy, it is presented in a clear, factual way and is very interesting.

Octavius’s escapades

Goldsworthy sheds a shrewd sidelight on the various narratives of this time which have come down to us. In a lot of the official narratives put out by Octavius’s side during this early, battle-strewn part of his life, mention was made of the future emperor’s lucky escapes, when he was nearly hit by a javelin, or escaped from some fire with only singed hair, or was only slightly hurt when a siege drawbridge he was leading troops across collapsed.

Goldsworthy makes the shrewd point that in his great-uncle and adopted father’s copious accounts of his wars in Gaul, Caesar rarely makes an appearance in the fighting (though once or twice he does seize a standard or shield and charge to the front, rallying his troops). In Caesar’s Commentaries on the Gallic Wars the events – Caesar’s relentless steamroller sequence of victories –are allowed to speak for themselves and are all the more impressive for it.

By complete contrast, many of the battles and campaigns Octavius was personally involved in were far more mixed or problematic or failures in outcome – and so the narrative genre is completely different, and is concerned with how Fortune Smiled on our gallant hero as he pulled off a series of close shaves and narrow escapes. This focus on Our Lucky Hero also conveniently concealed the fact that, when he did win, Octavius almost always owed his victory to talented subordinates (above all the tremendously competent and reliable Marcus Vipsania Agrippa). No Caesar he, and he early realised it but learned to turn it – like everything else – to his advantage. (p.169)

Cleopatra

Goldsworthy’s half a dozen myth-busters include quite a big one about queen Cleopatra. Contrary to Egyptian nationalists, Cleopatra was Greek, came from a Greek family, had a Greek name and spoke Greek. There is, according to Goldsworthy, no evidence that she was very interested in the traditional Egyptian gods, but instead cleaved to the Hellenistic gods which held sway around most of the Mediterranean.

Second, she was in essence no different from the numerous other kings, rulers and tetrarchs scattered around the Eastern Mediterranean, generally struggling with family feuds and civil wars at home, who tried to curry favour with whichever Roman ruler was uppermost. Cleopatra’s main achievement was to prostitute herself out to not one but two of them, having affairs with and children by Julius Caesar (a son who she named Caesarion but Caesar never showed interest in) and then with Mark Antony (twins who she named Alexander Helios and Cleopatra Selene II, in 40 BC, and a third, Ptolemy Philadelphus, in 36 BC).

When Mark Anthony committed suicide on the approach of Octavius’s army to the capital, Alexandria, the 29-year-old survivor prepared herself for another seduction and impregnation:

She had always been a loyal ally of Rome, and would no doubt exploit her subjects just as enthusiastically for his benefit as she had for Julius Caesar and Antony. (p.192)

Goldsworthy argues that Cleopatra’s prominence in history is at least in part due to Octavius’s propaganda. It is factually correct that she had a long affair with Antony which lasted to the end of his life, and the children, and that the departure of her ships from the naval engagement off Actium prompted Antony to withdraw and thus lose the battle – but at the same time it suited Octavius very well indeed to exaggerate what to a patriotic Roman audience were all the negative aspects of the situation: that Antony was in thrall to a woman; that he had deserted his noble, long-suffering Roman wife, Octavia; that he let his administrative and military decisions be swayed by a female – all anathema to Roman values (p.192).

Change in narrative tone

Somewhere after page 200 (maybe with the start of Part Four on page 217) the narrative undergoes another subtle change in feel or vibe. The subject matter becomes more…pedestrian. It took me a while to realise why this was but Goldsworthy himself explains it on page 281:

The historian Dio lamented that it was harder to recount events after Augustus’ victory in the Civil War than it was before, since so many key decisions were taken in private and unrecorded, while much that was in the public domain was merely an empty ceremony.

That’s what it is. In the dozen or so accounts I’ve read of the troubled century from 133 to 27 BC there were always multiple players and combatants, vying for political power, either within the bounds of the constitution or spilling over into conflict, all having to stand for election, make speeches in the senate or addressing the popular assemblies or writing accounts of their doings or speeches – historians are able to give often very detailed accounts of political manoeuvrings and positionings because there are so many players involved and many of them left records or we have good accounts from contemporary or near contemporary historians.

Then Augustus wins total victory and it all goes quiet. By the time he has won he is the last man standing: Pompey, Caesar, Cicero, Cato, Cassius, Brutus, Antony, one by one all the great men of the previous generation were killed or killed themselves, leaving Octavius the sole figure on the stage.

He was very careful not to have himself declared dictator, as the ill-fated Caesar did, but to work through the channels of the Republican constitution, to continue to have elections of consuls and tribunes carried out, it was just that he arranged for himself to be elected ten years in a row and arranged who was to be his partner consul. There continued to be a senate, larger than ever in terms of numbers, all holding debates and speaking in the time-honoured way except that none of their debates carried any weight and many of the recorded speeches are eulogies to the princeps as he had himself called, a steady roll call of titles and awards which a grateful nation kept giving him.

Previously we had Pompey and Caesar and the senate all squabbling like ferrets in a sack and historians can calculate what each player’s motives were, and interpret each one’s moves, declarations and so on. And then… a great smothering blanket settles over Roman political life because only one man made the decisions. We have a record of the decisions but why he made them, what his thinking was, remains a matter of speculation.

Which is why all biographies of Augustus circle round to the same conclusion: that he was a mystery, an enigma, unknowable, in a way that Caesar and Pompey and Crassus and Cicero feel highly knowable. He wrote an autobiography but that has vanished. All we have is the Res Gestae Divi Augusti, a monumental inscription composed 35 paragraphs, grouped into four sections – political career, public benefactions, military accomplishments and a political statement – which manage to smother the turbulence and problems of what turned out to be the longest rule by any Roman emperor (45 years) into a series of bland, corporate achievements. It sounds like this:

Wars, both civil and foreign, I undertook throughout the world, on sea and land, and when victorious I spared all citizens who sued for pardon.

And:

I pacified the Alps, from the area closest to the Adriatic Sea all the way to the Tuscan Sea, without waging an unjust war against any tribe. (quoted p.334)

We have this and the biographies of later historians, namely Suetonius (69 to 120 AD), which capture snippets of gossip and factoids, but the rest…is a record of decisions by one of the colossi of history whose ‘true character’, despite hundreds of thousands of analyses, remains a mystery.

Pronunciation

The Latin pronunciation is:

  • praetor – pry-tor
  • quaestor – kwy-stor
  • Julius Kye-zer
  • Kikero

But if, in English, we say Julius Sea-zer, then it follows that all Latin words with ‘ae’ should be pronounced ‘e’ – hence preetor, queestor and so on.


Credit

Augustus: From Revolutionary to Emperor by Adrian Goldsworthy was published in 2014 by Weidenfeld and Nicholson. All references are to the 2015 paperback edition.

Roman reviews

Pro Milone by Cicero (52 BC)

All five speeches in the Oxford University Press selection of Defence Speeches by Cicero are given extremely thorough and wonderfully lucid introductions by the volume’s editor and translator, D.H. Berry. Pro Milone has the longest introduction of the lot, at 12 pages of small font, i.e. a lot of content because there’s a lot to explain.

The trial of Titus Annius Milo, generally referred to as Milo, was held between 4 and 7 April 52 BC. He was charged with the murder of Publius Clodius Pulcher. While he was prosecuted by the usual number of three advocates – Appius Claudius Pulcher, Marcus Antonius and Publius Valerius Nepos – he was defended by just Cicero.

Publius Clodius Pulcher

For a change the background is fairly simple. From the late 60s onwards Clodius had established himself as a rabble-rousing tribune of the people who developed a wide popular following and developed tough street gangs to intimidate and beat up his opponents. He first clashed with Cicero when the latter testified against him at his trial for dressing up as a woman in order to infiltrate the rites of the goddess Bona Dea being held in Julius Caesar’s house (because Caesar held the office of pontifex maximus) in December 62.

From that point onwards Clodius sought revenge and his gangs took to intimidating Cicero on numerous occasions. In 58, Clodius was elected tribune of the plebs and passed a law declaring anyone who had put to death Roman citizens without a trial guilty of treason. This was targeted solely at Cicero who, as consul in 63 BC, had followed the advice of the senate and had five leading members of the Catiline conspiracy put to death. Despite the support of the senate, the letter of the law defined Cicero as a criminal liable to the death penalty and so he was forced to flee into exile in Greece. 18 months later, in 57, the political atmosphere in Rome changed and he was allowed to return.

During his absence Clodius’s street gangs for the first time met their match in equal and opposing groups of fighters organised by ex-gladiator Titus Annius Milo, who held the post of tribune. Milo arrested some of Clodius’s men, was attacked by his gangs, attempted to prosecute Clodius for violence and, when that failed, recruited gangs of his own to meet violence with violence.

In 56 Clodius brought Milo to court but the trial was broken up by brawling and not reconvened. When Cicero defended another tribune he used the opportunity to issue a rallying cry to patriots to gather round patriots such as Milo and against traitors such as Clodius. The two became close allies. Milo provided bodyguards to protect the builders who were rebuilding Cicero’s house (after Clodius had it demolished during his exile) from Clodius’s gangs who were attacking them.

In April 56 Cicero delivered a blistering attack on Clodius and especially his sister, the notorious Clodia, as part of his defence of Marcus Caelius Rufus (referred to as as Caelius) in the speech known as Pro Caelio. Clodius’s hatred grew even deeper and resulted in several violent incidents, but Clodius’s main enemy was Milo.

In late 53 both Milo and Clodius stood for office, Milo for consul, Clodius for praetor. Cicero strongly backed Milo’s campaign since, as consul, he would be able to control Clodius. But every attempt to hold elections was foiled by outbreaks of violence and 52 opened with no magistrates elected.

The murder of Clodius

It was only a few weeks into the year, on 18 January 52, that Milo and his entourage encountered Clodius and his followers on the Appian Way outside Rome heading in opposite directions. They passed in surly silence but the rearguard of both gangs provoked each other and started fighting. It spread and became a general melee. Clodius was wounded with a spear and taken to a nearby inn at which point Milo was faced with the choice between leaving a wounded and infuriated enemy alive or doing away with him for good. So he had his men drag Clodius into the road and finish him off, leaving the body.

Milo’s trial

Having been done various favours by Milo over the years Cicero felt duty bound to speak in his defence. His presentation was seriously hampered by booing and catcalls from Clodius’s followers and it is said that Cicero didn’t manage to finish. In any case the facts were generally agreed and Milo was convicted. He hurriedly went into exile in Massilia, modern Marseilles. Subsequently Cicero polished his text and had it published. It was his last surviving court speech and is widely considered his masterpiece.

What makes it twice as interesting is that it is the only speech by Cicero for which we have an independent and separate account, by a first century AD scholar named Quintus Asconius Pedianus (3 to 88 AD) and that Asconius’s account drastically differs from Cicero’s. Its existence suggests the extent to which Cicero manipulated the facts and distorted the narrative (lied) in his speeches.

Some people thought the best line of defending Milo would have been to claim that eliminating Clodius was in the interests of public peace and order. Marcus Junius Brutus wrote and circulated the speech he thought should have been given along these lines. But instead Cicero decided to base his entire long speech on the premise that Clodius knowingly set a trap for Milo, who was therefore justified in defending himself. However, according to Asconius the encounter on the Appian Way was an accident and the outbreak of violence was an accident.

Asconius’s version

Berry includes in this edition a translation of Asconius’s version, his summary of the events surrounding Clodius’s murder and of the trial itself (and of the trials of Clodius and Milo’s associates which followed). In fact he recommends that the reader read it first, before reading Cicero’s account. It is a trim ten pages long.

Berry points out the key substantive difference between Cicero and Asconius, namely Cicero says Clodius planned an ambush which Milo heroically defended himself from, while Asconius (and, in the event, the jury) believed it was sheer luck that led to a purely accidental meeting on the Appian Way.

But there’s another way in which Asconius’s account sheds light on Cicero’s –it is brief and to the point. It is arranged in a simple chronological order, dealing with the background, the events on the day, and the complex arrangements regarding Roman law which led up to the trial itself. In many places it reads like a Wikipedia article. Asconius doesn’t mention himself once.

All this is, of course, in striking contrast to what I’ve learned to think of as Cicero’s style, which is:

  • wordy, very wordy, gabby and verbose
  • rarely if ever addresses the facts, and if it does you barely notice because they are drowned in:
  • a never-ending stream of self-glorifying self-promoting references to himself, to his great achievement in saving the state during the Cataline crisis, to his importance as a mentor and role model for the young, to his tastes in literature, to the hard work he’s put in to becoming Rome’s leading advocate, and so on and so on
  • barrages of references to Great Romans From The Past: to Scipio Aemilianus and Gaius Laelius and Quintus Metellus and Cato the Elder, and so on and on, great names yoked into his discourse in order to boost it, make it sound more patriotic and weighty
  • cluttered and repetitive: his defence of Archias is short by his standards but still manages to repeat certain claims 3 or 4 times; arguments and related sub-arguments pop up unexpectedly, with no apparent logic and then, a few pages later, pop up again
  • melodrama: in every trial Cicero makes out that the entire future of Rome, and all its citizens and women and children and their great heritage is at stake! and that only acquitting the noble defendant – a man ‘who has done more for his country than any other man in history’ (76) – can save the nation from ‘national calamity’! This unrelenting hyperbole must have gotten pretty tiring.

In contrast to all this, Asconius’s style and presentation is a wonderful breath of fresh air and makes you realise that not all ancient writing needs to be as verbose, overwrought, self-indulgent and confusing as Cicero’s.

Here’s Cicero:

So give me your attention, gentlemen, and lay aside any fear you might have. For if you have ever had the power of judging loyal and valiant men, if you have ever had the power of judging meritorious citizens, and if specially selected men from the most distinguished orders have ever been given the opportunity of demonstrating, by their actions and their votes, that approval of valiant and loyal citizens which they have so often expressed in the past by looks and words; if that is how it is, then you have at this moment complete power to decide whether we who have always upheld your authority should linger on in adversity for all time, or whether, after being persecuted for years by the most degraded citizens, we are at long last to be revived by your good selves, and by your honour, your courage and your wisdom. (4)

Here’s Asconius:

Milo was travelling in a coach with his wife Fausta, the daughter of Lucius Sulla the dictator, and his friend Marcus Fufius. Following them was a large column of slaves and also some gladiators, including two well-known ones, Eudamus and Birria. These were moving slowly at the rear of the column, and started an altercation with Publius Clodius’s slaves. As Clodius looked back menacingly at the disturbance, Birria pierced his shoulder with a spear. Then a fight began, and more of Milo’s men ran up. The wounded Clodius, meanwhile, was carried into a nearby inn in the territory of Bovilla. (32C)

I appreciate that Cicero was working within a specific genre – the advocate’s speech – that oratory had a host of rules, that the audience expected a show of rhetorical fireworks and that, in this respect, Cicero’s over-ripe performances were following convention and pleasing the crowd. And that, by contrast, Asconius’s commentary is just that, a scholarly text conforming to a completely different set of conventions and required to be precise and factual. But my God, what a relief it is to turn from Cicero’s gluttonous grandiloquence to Asconius’s spartan diet of bread and water.

Two versions of Cicero’s speech

Berry devotes several pages of his introduction to making a key point about the text. The version we have is a document Cicero heavily revised and reworked after the trial. Evidence for this comes from two sources. Firstly Asconius and the noted 1st century orator Quintilian both refer to the original version Cicero actually delivered at the trial – they’d both read it – and distinguish it from the text we have.

Secondly, Berry is the latest in a long line of scholars to detect a noticeable change in the text: the first two-thirds of the speech are favourable to the then-most powerful man in Rome, former general Gnaeus Pompeius, generally known as Pompey the Great:

  • ‘the wise and fair-minded Gnaeus Pompeius’ (2)
  • ‘a man of lofty and almost divine mind’ (21)
  • ‘a man of the highest principles’ (21)
  • ‘the exceptional carefulness of Gnaeus Pompeius’ (65)
  • ‘so very brave a man as Gnaeus Pompeius’ (66)

But around section 70, Pompey becomes more the focus of the speech and for the final third the references to him become notably hostile. Berry thinks this is because the first two-thirds are close to what Cicero delivered on the day, when the outcome of the trial still hung in the balance and it made sense to suck up to Pompey. The final third of the second version of the text was composed after it had become clear that Pompey in fact supported the prosecution and (tacitly, in the background) helped Milo be convicted. Hence the switch in tone from sucking up to critical.

The speech itself

It takes up 40 pages in the OUP edition and is divided into 105 sections. The central point is that Cicero chose to frame the events as Clodius having set a trap for Milo and so the response of Milo and his entourage was justified self-defence. He says:

  • it was Clodius who set a trap for Milo (6) and repeatedly tries to narrow the entirety of the case down to this one point, that either Clodius or Milo set a trap, and it was Clodius (31)
  • if it is agreed that Clodius set a trap, then it is no crime for a Roman to kill a criminal if his house is being burgled, or he is being assaulted or sexually attacked – a bandit may be lawfully killed (11) – and gives a roll call of Eminent Romans who have killed enemies but still been honoured (8, 9, 10)
  • it is a natural law which needs no encoding, that a man may use violence to defend himself if attacked (10)
  • he states and then repeats the claim that, by killing Clodius, Milo did the state and the people a favour, to ‘the benefit to our country, the benefit to you, and the benefit to all loyal citizens’ (30)
  • it was just the latest in a long line of services Milo has performed ‘for our country’
  • the senate has repeatedly spoken in favour of Milo (12)

Cicero asks who had the most motive for setting a trap? The obvious answer is Clodius, for Clodius was running for the office of praetor whereas Milo was running for consul and showed every sign of being elected. Now if they’d both been elected, Milo would have cramped Clodius’s (no doubt treasonous plans) at every turn – so Clodius had a clear and obvious reason for eliminating Milo. Whereas, now that he has been brought to trial for Clodius’s murder, Milo’s position is in deep jeopardy: in other words Milo had no motive for killing Clodius, quite the contrary, his murder has jeopardised his career and even his life (34).

Having established, to his own satisfaction, that the case boils down to which of the 2 men planned to ambush the other, Cicero compiles a dozen or more ways in which the time and location and make-up of the two entourages all favoured Clodius, so he was the obvious planner and trapper.

Cicero’s speech is laced with the usual references to Great Romans in order to big up his speech, to make it seem more weighty and prestigious by associating his case with Famous Men, something which really counted in this super-patriotic society.

In a related way, he continually makes the case sound as if it’s not about the guilt of just one man, but that the entire fate of the state – and therefore of the entire world (19) – is at stake. This is a familiar Cicero strategy, to make it sound as if the entire world will collapse if his man isn’t acquitted.

And both lines of argument are also connected with Cicero’s relentless flattery of the jury:

  • ‘specially selected men from the most distinguished orders’ (4)
  • ‘the most distinguished men from all the orders’ (5)
  • ‘the brightest luminaries from the most distinguished orders’ (21)

Indeed the final phrase of the entire over-ripe performance is unfettered sucking up to the jury of ‘those who are the best, the wisest and the most brave.’ (105)

Above all else, Cicero’s speech is full of endless references to himself, to his tangled history with Clodius – with an extended description of how it was Clodius’s intimidation which (unfairly) drove him into exile in 58 – and all after he had saved the state, single handed, by his own quick thinking (36 and 73 and yet again at 82).

There is something more than ludicrous about Cicero’s endless self glorification and self justification, his references to the way ‘the entire people of Italy was united by concern for his welfare’ (38), and the later passages which repeatedly refer to his exile and then ‘my restoration’ (39, 68 and 87 and 88).

The reader learns to shiver at the familiar words ‘And as for me, gentlemen…’ which introduce yet another variation on what a hero he was single-handedly saving the state during the Cataline crisis, how unjustly he was terrorised into exile by Clodius, and how ‘all of Italy’ and ‘the entire Roman people’ celebrated his return. One of the most frequent words in a speech by Cicero is ‘me’.

And so it comes as no real surprise, but is still vaguely ludicrous that the final passage in the entire speech is an extraordinarily long eulogy not to Milo, but to himself!

But as things are, Titus Annius, there is one consolation that sustains me – the thought that there is no duty of love, support, or devotion in which I have failed you. I have incurred the hostility of the powers that be for your sake; I have exposed my body and my life many times to the weapons of your enemies; I have abased myself as a suppliant before many people for your sake; I have risked my own property and possessions, and those of my children, by throwing in my lot with yours; and today, if any violence has been arranged, of if there is to be any life and death struggle, then I claim it as my own. What, then, does that leave? What more can I do for you, to repay your services to me, except to consider your own fortune, whatever it may be, my own? I shall not refuse it. I shall not say ‘No’. (100)

Several times Cicero refers to the tears in his eyes as he speaks (‘I can no longer speak for tears’, 105). This is a histrionic performance. He was on a stage. He was playing a tragic death scene, playing to the crowd, tugging the heartstrings of the jury, using every rhetorical and psychological and dramatic trick to align his own auctoritas and his noble self-sacrificing actions with those of Milo, trying to make them both out to be ‘saviours of their country.’

But wait! Cicero has more to say about himself! He always does:

How unhappy I am! What appalling luck I have had! You succeeded, Milo, in obtaining the help of these men in recalling me to my country; shall I be unsuccessful in obtaining their help to keep you in yours? What shall I say to my children, who count you as their second father? What shall I say to you, brother Quintus, who are now far away, but who shared those difficult times with me? That, in attempting to protect Milo’s welfare, I was unable to obtain the help of the very men who had helped Milo to secure my own welfare? Unable in what sort of cause? One that was approved by all the nations of the world. Unable to protect Milo’s welfare from whom? From those who had felt the greatest relief at the death of Publius Clodius. And on whose advocacy? My own. (102)

What terrible crime did I devise or what awful deed did I commit, gentlemen, when I tracked down, uncovered, exposed and expunged those indications of our impending destruction? All my troubles, and those of those close to me, derive from that source. Why did you want me to return to Rome? Was it so that I could watch the expulsion of those by whom my restoration was secured? I beseech you, do not let my return be more painful to me than my departure was! For how can I consider myself restored if I am to be separated from those who were responsible for securing my restoration? (103)

Subsequent trials

One last important thing: because it is so widely considered Cicero’s ‘masterpiece’ and is often read or studied by itself, a false impression is created of Pro Milone as sitting in splendid isolation like a statue on a plinth. It is salutary, then, to learn from the introduction (and from Asconius’s account, which devotes its last 2 pages to the fact) that the Milo trial was immediately followed by a succession of further trials, all related to the events of that day, and that Cicero was just as involved in these trials as in the Milo one.

Far from his world falling apart when Milo was convicted – as his histrionic performance stated – Cicero merely went back to his study and knocked out another defence speech. And another. And another.

Thus, although Milo was found guilty in the trial we’ve been following, and packed his bags and went into exile overnight, he was, in his absence, the subject of three further trials:

  • Milo prosecuted for electoral malpractice (bribery) – convicted in his absence
  • Milo prosecuted under the law on illegal association – convicted in his absence
  • Miilo prosecuted under a different law about illegal violence – convicted in his absence

But the battle between Milo and Clodius’s followers raged on in the courts:

  • Milo’s gang leader, Marcus Saufeius – the man who actually supervised the attack on the inn where Clodius had taken refuge and his actual murder – was tried and acquitted by just one vote – and he was defended by Cicero and Caelius.
  • Saufeius was then immediately retried, under an alternative law about illegal violence, was again defended by Cicero, and again acquitted, this time by a larger majority.
  • Meanwhile, Clodius’s gang leader, Sextus Cloelius, was prosecuted for taking Clodius’s body into the senate building on the day of his funeral, which resulted in the building being set on fire, and was convicted by a near unanimous verdict.
  • A number of other Clodians were tried and convicted.
  • A Clodian ex-tribune, Quintus Pompeius Rufus, was prosecuted by Caelius for the burning of the senate house, convicted and went into exile – Cicero was delighted because Pompeius had been spreading the lie that Cicero had organised Clodius’s murder.
  • Then another Clodian ex-tribune, Titus Munatius Plancus Bursa, was prosecuted by Cicero, also for responsibility in the burning of the senate house, convicted and went into exile.

Plancus’s conviction, in particular, pleased Cicero. We have a letter to a friend in which he says the conviction of Plancus gave him more pleasure than the death of Clodius a) because he preferred justice to be done in a court of law than at swordpoint b) because it reflected well on his friend Milo but – and this is what is so characteristically Ciceronian about the letter and his reasons – because c):

I was especially pleased at the display of good-will towards me on the part of honest men in the face of an astonishing amount of pressure from a very grand and powerful personage [he’s referring to Pompey, who tried to defend Plancus]

As so often in his legal speeches, the whole thing ends up being about him. He goes on to say:

It is a great victory. No braver Roman ever lived than those jurymen who dared to find him guilty in spite of all the power of the very personage who had empanelled them [Pompey]. They would never have done that if they had not felt my grievance as their own.

There is something winningly boyish in Cicero’s complete inability to conceive of justice as an objective factual thing, and persistently see it in solely personal terms, of whether the great figures in the land, judges and juries are for him or against him.

Slavery

Few editors comment on it but I am continually appalled at the casual references to slavery in every one of these old Roman texts. I know slavery was universal and universally accepted, and the editors of all the books I’ve read generally take it for granted – but it never ceases to shock and upset me.

A moment in Asconius’s text is even more upsetting than usual, where he claims that, immediately after the fight on the Appian Way, Milo had travelled to Clodius’s country villa to find his son (presumably to kill him) but, finding the son had been taken away, interrogated the head slave, Halicor, by cutting off his limbs one by one, before going on to murder Clodius’s bailiff and two other slaves.

!

This incident is contained in the Asconius text that Berry includes in this edition and translates, but he nowhere mentions it and it doesn’t, of course, crop up in Cicero’s speech, which makes Milo out to be a noble and patriotic man, the saviour of his nation, a man who had ‘freed his country at his own personal risk’ (72).

But it’s moments like this, the steady trickle of throwaway references to how despicably slaves were treated in ancient Rome without free men blinking an eye, which make me feel physically sick and make all reference to the ‘civilisation’ of the ancient world seem like a mockery.


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Pro Caelio by Cicero (56 BC)

Background

Marcus Tullius Cicero gave the speech known as Pro Caelio on 4 April 56 BC in defence of his young protegé and one-time friend, Marcus Caelius Rufus, generally known as Caelius.

The full background to the trial is staggeringly complicated. It is explained in great detail and with admirable clarity by D.H. Berry, editor and translator of the excellent Oxford University Press edition of (five) Defence Speeches by Cicero (2000).

The Cataline conspiracy

In 63 BC Cicero was consul during the crisis of the Cataline Conspiracy i.e. the attempt of the disgruntled aristocrat to lead an armed overthrow of the Roman state. He was in north Italy raising an insurrectionary army when five leading conspirators, including some senators, were caught in Rome and implicated by letters and then confessed. Cicero led a debate in the senate about what to do with them which concluded by voting to execute them and Cicero led them straightaway to the state execution or carnifex who did the deed.

In the years that followed various of Cicero’s enemies developed the accusation that, because the five had never been granted a full (long and probably delayed) trial, they had been illegally killed – and that Cicero was therefore guilty of murder and treason (killing senators).

One of the lead proponents of this view was the nasty piece of work known as Publius Clodius Pulcher, an eccentric scion of the distinguished Claudius clan, who had arranged to be adopted by a plebeian family in order to stand for office as tribune of the plebs. He used this office to pass measures designed to appeal to the people and made rabble-rousing speeches. He developed a following of thugs who terrorised the streets of Rome and even beat up senators and other magistrates.

Cicero sent into exile

In 58 BC, while serving as tribune, Clodius got a law passed declaring it treason to have any Roman citizen put to death without a trial. Everyone knew this was directed at Cicero and his precipitate action in having the five high-ranking Catiline conspirators executed – so he swiftly packed up his things and went into exile, in Greece.

He was gone for a long, miserable 18 months during which Clodius had his house in Rome torn down and had a temple to Liberty build over the ruins, as well as having Cicero’s other properties around Italy looted and sacked.

But the mood in Rome changed. Gnaeus Pompeius Magnus, known in English as Pompey, had acquiesced in Cicero’s exile but then Clodius got above himself and started attacking Pompey verbally and attacking some of his lieutenants in the street. Pompey and the other members of the triumvirate realised they’d let Clodius get out of control. Pompey signalled to his followers that he would support Cicero’s exile being ended and so a law was raised and passed declaring Cicero innocent of any wrongdoing.

So Cicero made a triumphant return to Brundisium and the a triumphant progress across south Italy feted in every town as the Father of the Nation. In his absence Clodius had not only destroyed his homes but sponsored mistreatment of his wife, Terentia. So the two men were at daggers drawn.

Marcus Caelius Rufus

Now to Marcus Caelius Rufus. Born in 82 BC, and so 24 years younger than Cicero, Caelius had been Cicero’s pupil and protégé, learning the arts of politics and oratory at first hand. In 63, however, he was intoxicated, like many others, by the revolutionary rhetoric of the half-mad Cataline and supported his bid to become consul (the same election which was won by Lucius Licinius Murena, who Cicero had defended in another famous speech).

He appears to have abandoned the Cataline cause when the latter when postal and decided to launch an all-out insurrection. Instead Caelius went off to serve as assistant to the governor of Africa from 62 to 60. Back in Rome he began to make a name for himself as a lawyer by launching a prosecution against Gaius Antonius Hybrida, the man who had been co-consul with Cicero in 63, and who had ‘led’ the army which finally defeated Catalina in the field.

Cicero didn’t much like Antonius but figured the state owed him a debt of gratitude and so defended him – but Caelius won the case, defeating his old master. Inspired by his success, Caelius moved to the smart set on the Palatine Hill and rented a room from Clodius, close to the residence of his sister, Clodia. Clodia’s husband had recently died (59 BC) and it was widely rumoured that Caelius became her lover.

As described above, in 58 Clodius held office as tribune and got Cicero exiled; 18 months later in 57 Cicero was triumphantly recalled. Then at the end of 57 or beginning of 56 Caelius broke with the Clodiuses. Did she dump him, did the men fallout? We don’t know, but Berry thinks the most likely reason is that Caelius had switched his political allegiance from the Clodii to Pompey, who was increasingly antagonistic to them. Whatever the exact reason, in their venomous way the brother and sister decided to take revenge.

Lucius Calpurnius Bestia

The proximate cause of the trouble was the trial of Lucius Calpurnius Bestia. Caelius was prosecuting Bestia for malpractice in the elections for the praetorship of 57, in which Bestia stood unsuccessfully. Now this Bestia had been on trial no fewer than four times previously, and Cicero had defended and got him acquitted on each occasion. So now he defended Bestia against his old protégé, Caelius, and won again. However, Caelius was not daunted. Bestia was planning to stand for the praetorship this year as well and so Caelius launched yet another prosecution against him.

But at this point Bestia’s son, Lucius Sempronius Atratinus, got involved. He realised the best form of defence is attack and so launched a pre-emptive prosecution against Caelius. If Caelius was convicted he would be unable to take forward his prosecution of Bestia. Atratinus needed to move fast to protect his dad and so launched the prosecution in the violence court (quaestio de vi) which, unlike other courts, sat during public holidays. (This fact would be central to Cicero’s speech.) And, crucially, Atratinus’s attack on Caelius attracted the support of Clodius and his sister. They agreed to be witnesses against Caelius and suggested some additional charges against him (see below for the charges).

Caelius was an experienced orator and so elected to defend himself – but he also managed to persuade the richest man in Rome, Marcus Licinius Crassus to join him. Improbably, he also persuaded Cicero to join his defence. You’d have thought there was no love lost between Cicero and his protégé who had betrayed him twice over, once joining the diabolical Catalina, and then allying with his nemesis, Clodius. But it seems that Cicero invoked that timeless equation, my enemy’s enemy is my friend: anyone who Clodius hated must be worth defending.

Ptolemy XII of Egypt

There’s more? Yes, involving – bizarrely enough – the king of Egypt. In 80 BC Alexander of Egypt died and bequesthed his nation to Rome. The throne was usurped, however, by Ptolemy XII ‘Auletes’ who proceeded to rule with the nervous knowledge that at any moment Rome might step in to claim its prize. Thus he sucked up to the Romans at every turn, much to the dislike of his people. When the triumvirate of Caesar, Crassus and Pompey took power in 60 BC Ptolemy offered to pay them the huge sum of 6,000 talents in exchange for formal recognition of his title. But when he tried to collect it from h is people they rebelled and expelled him from the kingdom.

Ptolemy took refuge in Rome where he borrowed and got into debt lobbying and bribing Roman politicians to raise an army to restore him to power. But the Egyptians didn’t want him back and so in 57 sent a deputation of their best men, led by the Academic philosopher Dio, to put their case before the senate. Ptolemy’s response was to try and get the leading men assassinated, to organise an uprising against them when they stopped in Naples and to bribe slaves in the noble houses where they stayed in Rome to kill them.

At the end of 57 the senate finally found in Ptolemy’s favour but then someone found a reference in the Sibylline books which allegedly forbade it, so the senate rescinded its gesture. Pompey was lobbying to be appointed general in charge of restoring Ptolemy against his rebellious population when, early in 56, Dio was murdered.

Everybody suspected everybody else – the killing obviously suited Ptolemy who wanted the delegation to fail and Pompey who wanted the generalship of imposing Ptolemy on his reluctant people – and a number of prosecutions swiftly followed.

First an agent of Pompey’s, Asicius, was tried for the murder of Dio; Cicero defended him and he was acquitted.

Next we come to the case brought against Caelius by Atratinus. As we have seen this was predominantly motivated by Atratinus’s wish to have Caelius convicted so he wouldn’t be able to prosecute his (Atratinus’s) father, Bestia, for the sixth time. The Clodii were persuaded to join the prosecution against Caelius because a) they had a personal grudge against him, mixed up with the way he had ceased to be Clodia’s lover, nobody knows the details but it obviously left them both furious; and b) it was a way of getting at Pompey, who Clodius now hated.

The charges

The prosecution brought five charges against Caelius, all relating to the disturbances surrounding Dio’s embassy to Rome, namely:

  1. the civil disturbances which affected the Egyptian delegation in Naples
  2. assaults on the delegation at Puteoli
  3. damage to the property of Palla (nobody knows who Palla is but presumably something connected with the above)
  4. taking gold for the attempted murder of Dio and then the attempted poisoning of Clodia: in more detail the charge was that Caelius borrowed gold from Clodia under false pretences, with the intention of using it to bribe servants at the house where Dio was staying to murder him; then, when Clodia discovered what Caelius was planning, Caelius attempted to bribe some of her slaves to poison her in order to shut her up
  5. the murder of Dio – Caelius was accused of being in league with Asicius to have Dio murdered (despite the illogic of the fact that Asicius had, by the time of the trial, been qcuitted – and by Cicero, who therefore had intimate knowledge of all the circumstances surrounding the murder

The preceding speeches

Prosecution

Atratinus spoke first and made an extended attack on Caelius’s character, calling him a ‘pretty boy Jason’, a loose-living, immoral lover of luxury, corrupt and used to committing bribery and violence.

Clodius Confusingly, Berry thinks the ‘Clodius’ who spoke at the trial was not the Clodius but someone who shared the name or a freed slave. We don’t have a transcript but it is likely he deplored the treatment of the Egyptian delegation, criticised Pompey for his support for the corrupt and unpopular Ptolemy, and referred to the evidence Clodia would give at the end of the trial to the effect that a friend of Caelius’s was caught handing poison to some of her, Clodia’s, slaves, having bribed them to poison her with it.

Lucius Herrenius Balbus closing the case for the prosecution, Balbus repeated the accusations of immorality against Caelius, and therefore his unfitness to be continuing the prosecution of Bestia (i.e. fulfilling the core aim of Atratinus who brought the prosecution in the first place.)

Defence

Caelius spoke in his own defence, wittily referring to Clodia as a ‘one-penny Clytemnestra’ i.e. a loose women who murdered her husband (she was suspected of poisoning him). We don’t have his speech either, but it is logical to imagine that he defended himself against all five of the charges.

Crassus ditto, presumably addressed the charges.

Cicero’s speech pro Caelio

Cicero was (as he preferred to be) the third and final of the three defence speakers.

Cicero takes advantage of the fact that the trial was taking place on the first day of the Megalensian games. While everyone else was watching the games in the circus the jury of 75 was stuck all day in the forum listening to this legal case. Therefore Cicero sets out to entertain them, by adopting a jocular tone throughout, telling jokes, impersonating famous people.

Above all it is a relentlessly ad hominem attack on the plaintiffs. In this respect it is a classic example of misdirection. Instead of answering any of the prosecution’s arguments, Cicero turns his speech into a) a defence of Caelius’s character but above all b) a devastating attack on one of the chief movers of the case, Clodia.

In this trial, members of the jury, everything has to do with Clodia, a woman who is not only of aristocratic birth, but notorious. (31)

an impetuous, capricious and angry woman (55)

With a woman like that anything is possible (69)

He is witheringly insulting. The prosecution had painted Rufus as a pretty-boy Jason, but in the ancient story Jason was seduced by the monster of anger and revenge, Medea, and so Cicero is not slow to compare Clodia to Medea, calling her the ‘Medea of the Palatine’ (18). He compares her to a prostitute (1, 37, 48, 49, 50, 57) and a sex-starved matron. He accuses her of incest (32, 34). He says the entire case only exists because of her ‘insupportable passion and bitter hatred’ (2), ‘to gratify the whim of a licentious woman’ (70), that it originates from:

a malevolent, disreputable, vindictive, crime-ridden, lust-ridden house (55)

and:

a household like this in which the lady of the house behaves like a prostitute, in which nothing that goes on is fit to be made public, in which perverted lusts, extravagant living, and all kinds of outlandish vices and outrages are rife (57)

The prosecution had calculated that Caelius would not reveal that he was actually Clodia’s lover and he apparently didn’t – but Cicero did, and depicted Clodia as a nymphomaniac who, if she was spurned, lied, bribed and cheater her way to revenge. Cicero admits their liaison but in such a way as to make Clodia seem the main mover of it, an immoral seducer and then, once spurned, a vengeful harpy. By sleight of hand, or deft presentation, Cicero manages to reveal the affair but have Caelius emerge unblemished. Thus Cicero didn’t address any of the charges, but dismissed them all as the pretexts of a deranged nymphomaniac.

He associates Clodia with Baiae, the southern resort which had become associated with decadence and immorality:

Baiae talks all right, and not only that, it resounds with this report – that the lusts of a single woman have sunk to such depths that she does not merely decline to seek seclusion and darkness with which to veil her immoralities, but openly revels in the most disgusting practices amid crowds of onlookers and in the broadest light of day! (47)

Cicero does address the two specific charges that Caelius took gold from Clodia under false pretences to pay for the murder of Dio, and that, when she found out, he tried to poison her. But he very effectively destroys the plausibility of both charges. Why on earth did she give him such a large amount of gold, unless he was her lover? And as to the entire story about Caelius attempting to poison Clodia when she discovered what he was really using the gold for, Cicero subjects this to a long forensic deconstruction, which demolishes every step of the supposed narrative as wildly improbable until the whole story collapses (56 onwards).

But he goes one further. He pounces on the entire notion of poison and makes the prosecution realise they made a terrible mistake raising it: because Clodia herself was suspected of poisoning her husband, and Cicero describes the death bed scene of this husband, Quintus Metellus, in harrowing detail and in a subtle way so as to implicate Clodia in his death – all in such a way as to completely distract attention away from Caelius.

But far longer is the passage where he ridicules the entire notion of Clodia recruiting men friends to wait concealed in the public baths till they say Lucinius hand over the famous box of poison to one of her slaves. Where are these brave hiders, Cicero asks. What are their names, why have they not been produced by the prosecution, where did they hide, in an actual bath or was there a wooden horse nearby, like at Troy? You can imagine the jury rocking with laughter. Over 2,000 years later it’s still funny and funnier because Cicero keeps piling on the comic exaggeration and ridiculous variations on the prosecution’s narrative, reducing it to smoking wreckage.

This itself is a triumph of the barrister’s manipulating art. But the OUP editor Berry makes a further point. The entire case had a very fraught political significance. The Roman public had been outraged by the shameless murder of an emissary from a foreign country who had come to live, unprotected, among them. It breached very profound codes of hospitality and civilisation. Everyone knew that Pompey supported Dio’s enemy, Ptolemy, and so the case had the serious potential to badly unravel and make Pompey very unpopular.

By focusing on Clodia alone, Cicero managed to contain this: he eclipsed the genuine outrage felt by many over the murder with a pantomime act. Personalising it depoliticised it. It also meant Cicero didn’t have to take a view either way, doing which would have risked alienating either the people or Pompey. Instead he ignored the charges and produced a Carry On entertainment which gave everyone a good laugh.

Each of the Cicero speeches in this volume has a moment when the argument ends, and the conclusion begins. Having read two of them I can begin to see how each speech ends with a description of the distressed family of the accused, and a sentimental appeal to the jury not to condemn the wife, children, mother or father of the accused to misery and shame, in Caelius’s case, Cicero paints a heart-breaking portrait of Caelius’s father as an old man with no-one else to look after him.

The result

Caelius was acquitted which allowed him, against Atratinus’s plans, to proceed with his prosecution of Bestia. Once again Cicero defended Bestia but lost. Bestia went into exile.

The next year, 55, Ptolemy was restored to the Egyptian throne by bribing the governor of Syria, Aulus Gabinius with the eye-watering sum of 10,000 talents. On his return to Rome Gabinius was prosecuted for this, Cicero defended him but lost and Gabinius also was sent into exile.

Ptolemy ruled until his death in 51 when he divided the throne between his son, Ptolemy XIII and daughter Cleopatra VII. It was his deep involvement in the cause of their father, which led Pompey, after his disastrous defeat at the Battle of Pharsalus in 48, to decide to make his way to Egypt to seek sanctuary with Auletes son. This was a fateful decision because Ptolemy XIII’s advisers told him Julius Caesar would like it if he eliminated his rival – and so Pompey was brutally murdered as he set foot ashore in Egypt (Plutarch’s Life of Pompey, chapter 79).

Caelius was elected tribune in 52. This was the year when Clodius was finally murdered, by his longstanding rival Titus Annius Milo, and Caelius helped Cicero defend his killers (see another of Cicero’s best-known speeches, Pro Milone).

In 51 Cicero reluctantly acquiesced in being sent by the senate to be governor of Cilicia, now south-west Turkey. Caelius was elected aedile, in Rome, while he was away and any reader of Cicero’s letters is familiar with the way Cicero had him promise to send him all the news and gossip he could gather. Caelius memorably keeps needling Cicero to send him some panthers so he can make a splash at the public games which he, as aedile, was charged with organising.

When the civil war broke out Caelius made the right call and supported Caesar and was appointed one of the praetors. However, he put forward radical plans for debt relief against the wishes of his fellow praetors, which caused a riot and he was suspended from office. He fled Rome and, along with Milo, who he had helped defend 4 years earlier, tried to foment a revolt against Caesar, but they were both killed by Caesar’s troops. Few, if any, happy endings in ancient Rome.


Credit

Defence Speeches by Cicero, translated and edited by D.H. Berry, was published by Oxford University Press in 2000.

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Pro Archia by Cicero (62 BC)

Pro Archia is the shortest of the five speeches contained in the excellent Oxford University Press edition of Defence Speeches of Cicero, edited and translated by D.H. Berry (2000). It’s barely 12 pages long and yet even this slip of a thing requires a detailed three-page introduction from Dr Berry. In it he explains that: Aulus Licinius Archias was born plain Archias in Antioch in Syria in the mid-120s. As a young man he established himself as a poet and travelled round the eastern Mediterranean writing poems to order. In 102 he arrived in Rome and was welcomed into the home of Lucius Licinius Lucullus where he tutored the two young sons. He was sought out by other noble Roman families.

During this period Cicero himself took instruction from Archias (among his other achievements, Cicero was no mean poet) and explains in the speech that gratitude for his old teacher was one reason why he took the case.

As a result of the Social War, most of the tribes and towns of Italy were granted Roman citizenship, under a series of franchise laws. Archias took advantage of these laws to adopt full Roman citizenship, taking the Roman style name Aulus Licinius Archias, the Licinius a tribute to the family who took him in and sponsored him.

Archias accompanied the general Lucius Lucullus to Asia when the latter was put in charge of managing the war against King Mithridates, 73 to 67 BC. Although successful Lucullus lost the confidence of his troops and was replaced, much to his chagrin, by the charismatic general Gnaeus Pompeius (generally referred to as Pompey in English), who wound up the campaign and claimed the credit. Lucullus commissioned Archias to write a poem praising his conduct of the war.

In 65 the tribune Gaius Papius passed a law expelling from Rome all non-citizens who did not have a fixed residence in Italy. In 62 Archias was named in a prosecution alleging he was not a proper citizen and so should be expelled.

Berry explains that Archias had, in fact, done everything necessary under the social laws to gain full citizenship and that therefore scholars have seen the prosecution as politically motivated. it is thought the prosecutor, Grattius, was an agent of Pompey’s who was continuing his vendetta Lucullus by attacking the latter’s pet poet. Alternatively, maybe Grattius undertook the prosecution on his own initiative to curry favour with Pompey.

Therefore, as so often, the case was not a narrowly legal matter, but was embedded in the fraught power politics of the time. The case for Archias’s citizenship was so straightforward that Cicero deals with it in the first few pages. Thereafter he shifts the entire debate away from laws or politics and onto the subject of literature. Thus he was deftly able to avoid alienating either side in the feud – doing the Lucullus family a favour by defending their poet, but without casting any aspersions on Pompey, who is mentioned only once, in a deliberately flattering way (24).

Cicero’s self-centredness and patriotism

This is the third Cicero speech I’ve read and I’ve gotten used to what I at first thought was his immense self-centredness but I’m coming to realise must have been the accepted style – that the speaker dwells at inordinate length on his own experiences and character and his motives for taking the case, his relationship with the accused and so on.

The other thing which is becoming apparent is the immense amount of space devoted to naming famous Romans. These Romans may be forebears of the prosecutor or accused, or people involved in the case for one reason or another, but, as a rule, Roman literature involves an inordinate number of references to previous generations of eminent Romans. If a lot of Cicero’s texts repeatedly refer to himself, this self-centredness is mimicked, at a higher level so to speak, by the way the texts are so very Roman-centric (see below).

The modern reader is tempted to skip past these sections in order to get to the meat, but I am coming to realise their importance in creating a kind of fabric of authority in a text or speech. It is often blatant name-dropping but with the purpose of adding weight and lustre to a client’s case by associating him with great men from the past.

Section by section synopsis

(1) Cicero tells the jury he owes a great deal of his ability as an orator to early training with Achias.

(2) It may seem illogical, given that Achias is not an orator but a poet, but Cicero tells the jury he has always been interested in all branches of culture, which are ‘linked by a sort of common bond’.

(3) He flatters his auditors, describing the magistrate as an excellent man, the jury as a most excellent jury and apologises that he is using a style not conventionally used in a law court, to ‘speak more freely on cultural and literary matters’ than is usual.

(4) He gives a brief resume of Achias’s life: born in Antioch (‘to high ranking parents’); as soon as he reached maturity, devoting himself to literary composition; then plying his trade around the Med, exciting admiration wherever he went.

(5) Arriving in south Italy, Achias was celebrated wherever he went and awarded citizenship of various cities. Arriving in Rome during the consulship of Marius and Catulus he was taken in by the Lucullus household.

(6) A typical display of eminent names: Cicero says Archias was sought out by Quintus Metellus Numidicus and his son Pius, Marcus Aemilius, Quintus Catulus and his son, Lucius Crassus, and was on close terms with the Luculli, Drusus, the Octavii, Cato, and the Hortensii.

(7) Cicero tells that, travelling back from Sicily with Marcus Lucullus, they passed through the town of Heraclea where they took advantage of the law of Silvanus and Carbo to legally make him a citizen. He fulfilled all the requirements and presented himself before the praetor Quintus Metellus to be registered.

(8) Thus, by section 8 of this 32-section speech, Cicero has made his case: Achias cannot be convicted of fraudulently behaving like a citizen because he is a citizen which can be proved by reference to the register of Heraclea – and the citizens who have come from Heraclea to vouch for him – and to ‘a man of the highest standing and the greatest possible conscientiousness and honour’, Marcus Lucullus, who is here in court to testify. Cicero says he could rest his defence right there, after only 3 or 4 minutes of speaking.

(9) Cicero concedes that the town records of Heraclea were destroyed in the Social War but what need for them beside the witness of the town itself. If the prosecution wants proof of Archias’ residence in Rome then this can be presented thanks to the conscientious record-keeping of Metellus, which he goes on to describe.

(10) Two difficult-to-grasp points: Cicero sarcastically says that, when numerous other Greek towns were handing out citizenship to unworthy artisans, he supposes places like Tarentum were unprepared to grant citizenship to one who had gained the greatest glory! This is clearly a kind of exasperated sarcasm but its point is a little lost on us. Then Cicero says Archias didn’t take advantage of the other lists in which he was enrolled but insisted on being counted as a Heraclean – ‘under circumstances such as these, is Archias really to be driven out?’ It’s also a little hard to see the point of this fact, maybe it displays Archias’s nobility in not slipping in as a citizen of umpteen south Italian towns. Both points feel very secondary to the basic key facts he established in sections 7 and 8.

(11) He addresses a specific point of the prosecution that Archias’s name is missing from the census roll. Cicero simply states that at the last census Archias was on campaign with general Lucius Lucullus and that during the census before that he was also absent with Lucullus.

An additional fact: during the period the prosecution alleges Archias was not a citizen, he made a will according to Roman laws, took inheritances left him by Roman citizens and was nominated for a reward from the treasury – i.e. behaved in numerous ways as a Roman citizen and was accepted by other Roman citizens as such.

(12) It is at this point that the speech suddenly detours into a consideration of literature and Archias’s literary importance. Cicero does this, as so often, in a surprisingly personal way, baring his breast and speaking in a vainglorious way:

Yes, I for one am not ashamed to admit that I am devoted to the study of literature… Why should I be ashamed, gentlemen, given that in all the years I have lived, my private pastimes have never distracted me, my own pleasures have never prevented me, and not even the need for sleep has ever kept me away from helping anyone in his hour of danger or of need?

This is pure self-promotion, isn’t it? With a touch of wholly spurious self-dramatisation.

(13) Surprisingly, Cicero then goes on for another paragraph, saying no-one can blame him if he spends the time others devote to sport or games or pleasures on literary study – especially if the study results in the powers of oratory which he puts to the use of his friends in adversity. Why, you might reasonably think, is Cicero clogging up a short speech about Archias’s citizenship with a lengthy apologia of his own penchant for studying literature?

(14) More self promotion as Cicero explains that only the example of great men recorded in literature inspired him to expose himself ‘to so many great struggles and to the daily attacks of desperate men, which I have been facing for the sake of your security.’

(15) Cicero invents a rhetorical question from a fictitious critic, asking whether the great men he invokes were experts in literature. This allows Cicero to concede that many of them probably weren’t but that, nonetheless:

When a natural disposition which is noble and elevated is given in addition a systematic training in cultural knowledge, then something remarkable and unique comes about.

(16) As mentioned above, Cicero then gives a list famous Roman forebears as evidence of the importance of literature to leading Romans of times gone by. He names the younger Africanus, ‘a godlike man’ [who we know Cicero made the key figure in several of his philosophical writings, on the gods, on the republic and on friendship], Gaius Laelius [central speaker in On friendship], Lucius Furius and Cato the Elder. So the study of literature definitely added to the wisdom and honour of these great men.

But he adds a second point, that even if the study of literature did not lead to statesmanlike qualities, still it should be recommended because:

this form of mental relaxation broadens and enlightens the mind like no other.

Whereas other forms of relaxation may be appropriate for specific times and places and age groups, literature is universal:

The study of literature sharpens youth and delights old age; it enhances prosperity and provides a refuge and comfort in adversity; it gives enjoyment at home without being a hindrance in the wider world; at night, and when travelling, and on country visits, it is an unfailing companion.

(17) It may be that some have no taste for literary achievement but surely they can recognise it in others? The great actor Roscius had died earlier that year (62) and was universally mourned when he died and yet he only entertained with his body, with his external self. How much more should ‘extraordinary motions of the mind and quickness of intellect’ be celebrated?

(18) Cicero then testifies to having seen Archias on countless occasions extemporise poetry on the topics of the day. And his written compositions have been acclaimed as equal to the ancients.

Should I not love such a man, should I not admire him, and should I not think it my duty to defend him by every means possible?

As so often, the client is the intended subject of the sentence and yet, somehow, the main presence is Cicero himself, booming his virtue. He goes on to give the standard account of a poet’s divine inspiration which was already, in his time, a stock cliché and would last another 2,000 years:

A poet is created by nature itself, activated by the force of his own mind, and inspired, as it were, by a kind of divine spirit. Rightly does our own great Ennius call poets ‘sacred’ because they seem to us to be marked out by a special gift and endowment of the gods.

(19) Even barbarian races respect their poets. Rocks and deserts have responded to the poet’s voice. Wild animals are turned aside by his singing. Cicero asks, in a typically plangent rhetorical question, whether the excellent race of Romans, alone, will ‘remain unmoved by the voice of a poet’?

He elaborates the point: various cities have competed to claim the great Homer as a citizen, long dead though he is. Is Rome to turn away a great poet who is not only alive, but belongs to Rome both by law and his own choice?

Third point: Archias has devoted much of his time in Rome to celebrating the Roman people. For he wrote a long poem about Marius’s war against the Cimbri, which the general, despite not caring about poetry, was said to like.

(20) And the value of poets is indicated by the way great men have vied to be celebrated by them. Themistocles wanted to hear his exploits celebrated by singers or performers; Marius thought his achievements would be made famous by the poet Lucius Plotius.

(21) Continuing the point, Cicero says that Archias has written a long poem celebrating the war against Mithridates, shedding glory not only on the commander in chief Lucullus, but also on the entire Roman people.

You can see how this is a convenient fact for Cicero because he then goes on to itemise some of the great victories, battles, sieges and so on of the war, all carried to success under the excellent Lucius Lucullus, mentioning his name four times. Sucking up is a crude term, but Cicero was doing it to the great general who was, of course, present in court. Maybe he turned and gestured to him at each name call. Maybe the crowd cheered each namecheck.

Back to the speech, Cicero draws the conclusion that all this writing up of heroic Roman military achievement means that Archias deserves the people’s gratitude:

Those who use their talents to write about such events serve therefore to increase the fame of the Roman people.

(22) It is really important to grasp just how patriotic Cicero was (see the deeply patriotic motive which runs throughout his tract De republica). Here he clarifies that the fancy words about a poet being created by nature and being ‘sacred’ are really only valid when he is praising Rome:

The praises of a poet shed glory not only on the person who is praised, but on the reputation of the Roman people also.

Because this is what all human beings desire:

We are all motivated by the desire for praise, and the best people are the ones who are most attracted by glory.

He repeats the idea that the Roman poet Ennius not only praised great men like Maximus, Marcellus and Fulvius, but shed glory on the whole Roman people and so their ancestors bestowed citizenship on him – are the jury, then, to disenfranchise this citizen of Heraclea who has been sought by so many cities as their own?

(23) A rather garbled passage in which he starts by saying that Greek literature is far more widely spread than Roman, then continues to say that literature not only records deeds of glory but thereby acts as an incentive to men to be heroic.

(24) Thus Alexander the Great kept a bevy of writers with him to record his deeds while in our own day Pompey conferred citizenship on Theophanes of Mitylene because he had written about him, and before his soldiers who shouted a great hurrah because they realised that they shared in the praise and glory of their leader.

(25) Cicero tells a funny story about Sulla who was handed a laudatory poem by the author, scanned it, then awarded him the value of the property he was auctioning at the time on condition that he never wrote another line. But the point is: would Archias have failed to gain citizenship from Sulla?

(26) Or would he have failed to gain citizenship from Quintus Metellus Pius who has given citizenship to so many others and once listened to some rather crude poets from Corduba? Because everyone is motivated by a desire for praise.

(27) More stories about great Romans: Decimus Brutus decorated the entrances to his temples and monuments with poems by Accius; Fulvius took Ennius with him when he went to fight the Aetolians and devoted the spoils of Mars to the Muses. How is this relevant? Because if generals have barely laid down their armour before they are honouring the names of poets, how much more so should jurors who wear the toga of peacetime.

(28) Characteristically, Cicero then decides to share even more about himself and let the jurors know that his exploits during the heroic year of 63 are even now being written up by Archias into an epic poem! For if you take away praise and glory what incentive does anyone have to get involved in great undertakings?

(29) If people had no concept of posterity they would never do anything great or crush themselves under obligations and work. It is the notion that our fame and glory will live on after our deaths which motivates the truly great.

(30) If great men take care to leave behind statues depicting their mere bodies, shouldn’t they take even more trouble to leave a record of their thoughts and deeds? As usual, Cicero adverts back to himself and his own sense that, even as he performed his heroic deeds, he was motivated by the thought that they would live on to aftercomers.

(31) A stirring peroration which summarises all the points to date.

(32) Cicero briefly explains that his speech has been in two parts: the technical part in which he dealt with the accusation, and then the slightly more unusual part where he digressed to discuss his client’s literary achievement and literature in general. He hopes the court will forgive his speaking on this subject.

Thoughts

Pro Archias is often considered important because of its discussion of literature but, as this summary indicates, that’s a little misleading; it would lead the reader to expect an essay about the origins or manner of Roman poetry, but there’s none of that, really. Instead what we get, in my opinion, is an explanation of the social function of poetry, and above all, the purpose of poetry in serving the Roman state, in praising great military leaders, in shining glory on Rome’s great military victories, in incentivising young men to emulate the great military deeds of their forebears.

Cicero is often talked about by his fans as if he is a sensitive, liberal figure and he often is – passages in this speech can be quoted out of context to make him sound like a completely contemporary professor of poetry. But surely, deep down, the evidence of De republica, De legibus and all these speeches is that Cicero has more in common with Kipling‘s notions of a hyper-patriotic literature designed to celebrate Victorious Generals and serve the Great Cause of Empire!


Credit

Defence Speeches by Cicero, translated and edited by D.H. Berry, was published by Oxford University Press in 2000.

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Pro Murena by Cicero (63 BC)

‘Hardly anyone dances when he is sober, unless he is insane…’
(Cicero defending his client against charges of loose living in Pro Murena)

It is late November 63 BC and Marcus Tullius Cicero is drawing towards the end of his year serving as one of Rome’s two consuls. The last few months have been marked by the increasingly scandalous behaviour of the Roman senator Lucius Sergius Catilina, who, frustrated in his plans to get elected consul for the following year (62 BC), is planning to overthrow the Roman state, to set Rome itself on fire, murder its leading politicians and lead an army of liberated slaves on the capital.

In the last few weeks Cicero, aware of the growing threat, has made blistering attacks on Catalina in the senate, prompting the latter to outspoken defiance and threats to bring everything down in flames, before he fled the capital. Now news has just arrived in Rome that Catalina has placed himself at the head of a rebel army in Etruria, with the obvious aim of marching on Rome and taking it by force and then implementing his violent social revolution. And it is at this moment of high jeopardy that a case comes to court in which Cicero, in his civilian capacity as Rome’s best advocate, is slated to speak for the defence.

The case has been brought against Lucius Licinius Murena. Murena is a prominent politician and general from a distinguished family and has just been elected to succeed Cicero as one of the two consuls for the following year, 62 BC, elected in the same contest in which Catalina was defeated.

The charge against Murena is of electoral malpractice i.e. bribery, and the prosecutors include some of the leading men of the state, including Servius Sulpicius Rufus, Gaius Posthumius, and Marcus Porcius Cato.

The election and the case and the Cataline rebellion are all intimately linked because Catalina only embarked on his uprising when he was defeated in the election for consul by Murena. It was the third time Catalina had stood for election to consul and failed and it was frustration and bitterness which spurred him to rebel against his city and class.

The speech itself is a classic example of Cicero choosing to ignore the main thrust of the charges in order to shift the point of debate onto a topic where he thinks he stands more chance of winning. Thus the focus of his speech is not whether Murena is guilty or not (there was widespread agreement that he was) but whether Rome could afford to send a distinguished general into exile at just the exact moment when she needed him to save her from Catalina’s uprising. Murena’s conviction and banishment would automatically require a supplementary election to be held to fill the now vacant post of consul. Could Rome afford to be distracted by the holding of a supplementary election at exactly the moment when it needed two consuls, both firing on all cylinders.

D.H. Berry is the translator and editor of the excellent Oxford University Press edition of five of Cicero’s best defence speeches. In his wonderfully lucid introduction to Pro Murena, Berry explains the motivations of the advocates involved on both sides of the trial.

Bear in mind that in ancient Rome there was no police force and no state institutions for the administration of justice, no Crown Prosecution Service. So prosecutions could only be undertaken by individuals against other individuals, and both protagonists then tried to rope in friends, family or colleagues, the more eminent and high social status the better, onto their sides. The whole ‘system’ was riddled with private motives, grievances, opportunities to seize advantage, get rid of rivals, or ally with powerful patrons, and the Murena case was no different.

The prosecutors

Servius Sulpicius Rufus

Sulpicius had stood in the election for consul and been defeated by Murena. He was irked because, as a leading jurist, he had kept within the strict rules governing election behaviour. When Murena was elected, Sulpicius launched the prosecution a) because Murena had undoubtedly breached the law and b) because, if Murena was disqualified (and driven into exile) Sulpicius would stand in the resulting ‘supplementary election’ and stood a good chance of achieving his goal of becoming consul. So pretty crude political motivations, then.

Marcus Porcius Cato

Cato announced before the election that he would prosecute anyone found to breach the new, tougher electoral rules and so, as inflexible as a terminator, joined the prosecution regardless of its political and practical consequences.

The defenders

Quintus Hortensius Hortalus

Hortensius had been the leading advocate in Rome until the young up-and-comer Cicero defeated him in several cases at which point he retired. However, when Cicero was appointed consul in 63 Hortensius returned to the courts and the two now worked together, as on this case. Hortensius was a close ally of Lucius Licinius Lucullus, the general who had won great victories in the East until recalled by the senate and replaced by the boy wonder general, Gnaeus Pompeius (Pompey), since when he had been sulking at his vast villa complex near Naples. Murena was related to Lucullus and had served as legate (second in command) for him in Asia, so Lucullus backed him and Hortensius was Lucullus’s agent in the courts.

Marcus Licinius Crassus

It’s surprising to find Rome’s richest man involved in the rough and tumble of a court case but his motivation was similar to Hortensius’s, namely opposition to Pompey. Crassus had resented Pompey ever since he had swept in at the end of Crassus’s prolonged campaign to put down the Spartacus rebellion in 71 BC and claimed all the credit for himself. Pompey had gone on to be given special commands against the pirates, in 67 BC, then sent to relieve Lucullus in the war against King Mithridates in Asia in 66. Now, with that war at an end, Pompey had announced he was soon to return to Rome. So Crassus got involved in the defence of Murena because it would be infinitely better for him to have the consul for 62 (Murena) in big debt to him, than to let Murena be exiled and the leadership of the just-about-to-start campaign against Catalina handed to his enemy, Pompey. (See what I mean about private motivations playing a big role in law cases?)

Cicero

Cicero’s own motivation is more puzzling. He was a good friend of the lead prosecutor, Sulpicius. He was favourably disposed to Pompey i.e. didn’t share the anti-Pompey animus which united Hortensius and Crassus. And Murena was being prosecuted under new, tighter legislation about electoral procedure which he had himself sponsored (the lex Tullia de ambitu). In the absence of any evidence, our best guess is that, as the Cataline conspiracy exploded into open warfare, Cicero wanted to ensure that one of the two consuls due to take over from him in just a few weeks’ time (on 1 January 62) was a seasoned general (as Murena was) who would be the Republic’s strongest possible defender against the rebels.

Also, because nobody’s motive in ancient Rome were pure or simple, it did Cicero no harm that Hortensius and Crassus were leading conservatives. Having risen to the top of the greasy pole by dint of talent and hard work, Cicero promptly espoused the conservative republicanism of the aristocracy and Crassus and Hortensius were leading lights of that faction. So it was a shrewd career and social move to work with them, no matter how temporarily.

Cicero’s speech

Cicero describes the prosecution case as being in three parts. Surprisingly for us, but customary at the time, only one of these parts is concerned with the actual evidence for the charges. Cicero enumerates the three parts as:

  1. an attack on his client’s private life
  2. a comparison of the merits of other candidates who stood against Murena in the consulship election
  3. actual charges of electoral malpractice (11)

As an amateur non-scholar and non-Latinist, for me several things stand out. One is the strongly ad hominem nature of the content throughout, the highly personal nature of both Cicero’s defence and his counter-attacks against the prosecutors. And the way these are entwined with Cicero’s unrelenting self promotion.

The speech is conventionally divided into fairly short (half page) 90 sections and Cicero spends the first 10 of these defending attacks which have obviously been made against him personally by both Sulpicius and Cato regarding his decision to defend Murena at all.

He devotes only four short sections to briskly addressing the accusations of personal immorality the opposition have made, stemming from Murena’s time in Asia, by pointing out that he was there serving as a junior officer under his father and therefore carrying out the kind of filial duty so important to Romans.

Then, somehow, we are back with personalities for a section where Cicero defends Murena against attacks of being a ‘new man’, something which Cicero, the quintessential ‘new man’, takes to heart, prompting him to justify his own attempts to open careers for men like himself.

As you read on, you find that Cicero’s arguments continually rotate back round to himself; they might digress off on this or that topic for a while but they always seem to come back to another way in which Cicero can promote himself, defend himself, extol his virtues and remind everyone of his sterling service to the state.

Sections 18 to 21 compare the careers of Sulpicius (who brought the case against Murena and stood against him and lost in the recent consular election) and Murena; both served as quaestors before Murena went off to work as legate under Lucius Lucullus while Sulpicius stayed in Rome and studied hard to become a leading jurist.

In 21 Cicero adverts to himself again, and the way his constant presence in Rome led to his astounding popularity, swank swank.

22 features a nice use of antithesis with Cicero directly comparing Murena’s daily life in an army in the field with Sulpicius’s cushy civilian existence. This develops, in sections 23 to 29, into Cicero, surprisingly, mocking and scorning Sulpicius’s chosen profession as legal expert (‘filled to the brim with trickery and foolishness’, 26, ‘consisting entirely of fictions and fabrications’, 28), unfavourably comparing the timid life of a scholar to the skills and manliness required by Murena’s of officer in the army. In other words, an extended attack on the prosecutor, completely ignoring the basis of the case.

And throughout, Cicero constantly refers to himself:

It seems to me that many men have started out with a strong preference for my procession, but when in due course they found they were not up to it, they sank to yours. (29)

I was aware of this when I was standing myself… (40)

Having done the same myself when I was a praetor and in my consulship… (42)

I repeatedly told you, Servius, that you had no idea how to campaign for the consulship… (43)

I myself have first-hand experience… (46)

To be a bit more precise, Cicero mocks Sulpicius for being a jurist or expert on the law. By comparison, he says the two qualities most required for a consul are military ability and the ability to speak, to be an orator, to control and sway armies and civilian crowds – both of which, of course, he claims his client has in abundance.

This comparison of Murena and Sulpicius moves on to the flaws in the latter’s campaigning in the recent consular election, which Cicero itemises in devastating detail. His strongest point is that, from an early stage, Sullpicius persuaded the senate to pass a new law against electoral malfeasance stronger than the existing one. Everyone promptly concluded that Sulpicius was throwing in the towel and knew he would lose. Cicero does a witty impersonation of ordinary people on election day, discussing Sulpicius’s giving up and so abandoning him for Murena.

Cicero then lists the people Suplicius’s strict new law alienated, starting with the masses themselves (for, as Berry points out in a droll note, the people liked being bribed; it was one of the perks of being a Roman citizen.)

And this criticism of Sulpicius for threatening to prosecute whoever won the election instead of actively campaigning himself, segues into the reckless behaviour of Catalina during the same campaign which, of course, circles back round to Cicero’s role in the Catalina affair (up to that point) and suddenly the speech is all about Cicero’s actions and motivations in calling Catalina out in the senate (49 ff).

Murena was criticised for having decorated the triumph of his father with military gifts (as well as sharing in the triumph), and that he had lived in luxury while on military campaign. Regarding the triumph, Cicero argued that such actions were legitimate because he had served in the war under his father’s command. He added that the fact that he served in a war made him worthy of praise not criticism.

Incongruously, Murena was also accused of being a dancer, which made him in Roman eyes a person of less dignity. Cicero dismissed this as irrelevant.

Answering Cato

Eventually Cicero reaches the end of addressing issues raised by Sulpicius, takes a pause, and announces he is going to consider the arguments put by the other prosecutors, namely Gaius Postumius and Cato.

He devotes most time to Cato, pointing out that he is a highly moral and distinguished man, but that his adherence to Stoic philosophy has made him hard and inflexible. He asks Cato whether it is wise or practical to deprive the state of the service of an experience general now, at this crucial juncture, just as the Cataline conspiracy is reaching its climax.

Having established this theme in his section criticising Cato, Cicero expands it to bring his speech to a crescendo in the last 5 sections or so, as he turns to the jury and repeats the same idea half a dozen times, that this is no time to be jettisoning a consul and wasting the people’s energies on a supplementary election.

This I understand, but I was puzzled why, in the last few sentences, Cicero dragged in a few extraneous points which he hadn’t mentioned at all in the preceding 90 sections, asking the jury to consider the shock and shame and upset to Murena’s father and wife and extended family if he were to be exiled (87); and also to consider the virtue of his home town, ‘the extremely ancient town’ of Lanuvium (86).

These seem odd distractions to throw in right at the very end, oddly distracting from the pulverising central notion that we can’t afford to lose a consul and a general in this time of crisis.

Plutarch’s account

The order of defence speakers was Hortensius, Crassus and then Cicero, as he preferred speaking last and delivering the killer blow. Plutarch, in his Life of Cato describes the scene:

When the trial was held, Cicero, who was consul at that time and one of Murena’s advocates, took advantage of Cato’s fondness for the Stoics to rail and jest at length about those philosophers and what were called their ‘paradoxes’, thus making the jurors laugh. Cato, accordingly, as we are told, said with a smile to the bystander: ‘My friends, what a droll fellow our consul is!’
(Plutarch, Life of Cato, 21.5)

According to Plutarch, Cicero is said to have spoken below his usual standard because he was up late the night writing the speech, but it didn’t matter – Murena was acquitted, anyway: the jury accepted Cicero’s simple line that the national interest trumped strict adherence to the law or anything Murena might have actually done to breach it.

Subsequently

Murena was acquitted but the Cataline conspiracy was yet to reach its twin climaxes. Only a few weeks after the trial, Cicero was able to present to the senate documentary evidence (letters) and first person testimony from senior conspirators who had been part of the plan to overthrow the state. A famous debate followed about what to do with these five senior figures, which led to the decision to have them executed, which Cicero promptly did – an act which was to haunt the rest of his life as later political enemies would claim it was an illegal and even treasonous act. It would lead to his exile in 58 BC.

Having disposed of the leadership in the city, the struggle against Catalina turned to battle against the army he had raised in the north of Italy and here, ironically, Murena, who had been acquitted chiefly because of his military skills, was to play no part in the military campaign – the loyalist army which confronted and defeated Catalina’s forces in January 62 was led by Cicero’s fellow consul for 63, Gaius Antonius Hybrida, who had his command of the army extended by the senate into the new year solely for this purpose.

Murena, who Cicero had defended so successfully on the premise that the state needed him to defeat Catalina, in the event, played no role whatsoever in the defeat of Catalina. There’s no point studying history if you don’t have a taste for unintended consequences and ironic reversals.

The rule of three

Many rhetorical techniques are on display and there is much balancing of two ideas or parentheses, and some sentences contain four, five or six clauses – but the ancient rule of three is everywhere evident:

But if shunning hard work denotes sloth, rejecting supplicants arrogance, and abandoning one’s friends shamelessness, then this case is one which no one who is hard working or compassionate or loyal to duty could possibly refuse. (10)

For my part, gentleman, I should consider myself wicked had I deserted a friend, cruel had I deserted a man in trouble, arrogant had I deserted a consul. (10)

[Murena’s] father found him an invaluable help in moments of crisis, a comfort in times of strain, and a son to be proud of in moments of victory. (12)

There is nothing more fickle than the masses, nothing more unfathomable than people’s intentions, nothing more misleading than the entire process of an election. (36)

Marcus Crassus, a man of the greatest rank and diligence and oratorical skill… (48)

The rage in his face, the criminality in his eyes, and the insolence in his speech… (49)

He was a man of the greatest eloquence, the greatest devotion to duty, and the greatest integrity… (58)

I venture to predict that in due course experience will influence you, time will soften you, age will mellow you. (65)

Can’t lose with the rule of three. Makes anything sound grander, nobler, more effective.


Credit

Defence Speeches by Cicero, translated and edited by D.H. Berry, was published by Oxford University Press in 2000.

Cicero reviews

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Introduction to the defence speeches of Cicero

Marcus Tullius Cicero (106 to 43 BC), without the benefit of coming from a patrician or aristocratic family, rose by hard work to become the leading Roman lawyer and orator of his day. For a generation he dominated the Roman courts, usually appearing for the defence. We know of 88 law speeches he gave and an amazing 58 of them survive in whole or in part. The Oxford University Press publish an excellent paperback containing five of his most famous defence speeches.

(Note that the Latin word pro simply means ‘for’ and takes the ablative case i.e. changes the ending of words and names to ‘o’, so that the speech ‘for Caelius’ is known as ‘Pro Caelio’ and so on – unless the name ends in ‘a’, in which case it stays the same, or already ends in ‘o’ in which case it adds ‘ne’ to the end. These are examples of the kind of rules you have to learn when studying Latin.). The five features speeches are:

  1. Pro Roscio Amerino: his defence of Quintus Roscius Gallus, falsely accused of murdering his father
  2. Pro Murena: defence of the consul-elect Lucius Licinius Murena, accused of electoral bribery (39 pages)
  3. Pro Archia: defence of the poet Archias, on a citizenship charge
  4. Pro Caelio: of Marcus Caelius Rufus , ex-lover of Clodia Metelli, on charges of poisoning and violence
  5. Pro Milone: defence of Titus Annius Milo, accused of murdering Cicero’s hated enemy Clodius

The most obvious thing about the speeches is how long they are. I’ve no idea how long a modern defence address is but Cicero’s speeches occupy 30 to 40 pages of an average paperback and must have taken some time to deliver, especially stopping for all the dramatic pauses, the appeals to the jury and the strategic bursting into tears (he refers to his own tears of grief in several of the speeches). Did he memorise them and deliver them without notes? That, also, is an impressive feat.

The next most obvious thing is how complex the background and context of each case is. If you look them up online, you discover that each of Cicero’s major speeches has an entire Wikipedia article devoted to it because each one requires a meaty explanation of the context of the case: where it stood in Cicero’s career, and then the (generally very complicated) background of the case, including biographies of all the main participants, which themselves only make sense when carefully located within the feverish and tortuously complicated politics of the late Roman Republic.

Many law cases brought in ancient Rome were not objective products of what we think of as ‘justice’ but were entirely motivated by personal rivalries, sparked by the never-ending competition for office, but often just personal feuds or vendettas.

There was no police force in ancient Rome and, crucially, no office of public prosecution, no Crown Prosecution Service such as we have in modern England. In other words, you didn’t take your grievance to the authorities, who then carefully assessed whether there was a case to answer and decided whether to bring a criminal or civil case against a suspect or defendant. None of that framework existed. So people (generally rich and well-connected people) brought cases against individuals off their own initiative, using their own interpretation of the law.

And many of the cases were what I think are, in modern law, called ‘vexatious’, meaning they were not attempts to achieve objective justice but were nakedly biased attempts to game the system in the prosecutor’s favour, often shameless attempts to get political rivals convicted, exiled or maybe even executed. And this was accepted because everyone else was gaming the system, too. Personally motivated accusations and counter-accusations and counter-counter-accusations were the normal procedure.

The courts were one of the principal arenas in which the business of politics in Rome was played out: if you wanted to get rid of a political opponent, you prosecuted him and brought about his exile; if you failed, he might then prosecute you.
(Defence Speeches by Cicero, translated and edited by D.H. Berry, Introduction p.xxvii)

It was also the case that no one could be prosecuted while holding political office. Therefore a lot of the fiercely competitive vying to be elected to ‘magistracies’ or political offices in late Republican Rome was motivated not by keenness to serve, but as a tactic to dodge prosecution.

(This rose to a kind of climax with the political impasse which developed when Caius Julius Caesar refused to give up his command in Gaul and return to Rome unless he could be promised the opportunity to run for consul in his absence [an election he knew he could bribe his way to winning]. His sole reason for doing this being to avoid the prosecutions for corruption and malpractice which he knew he would face if he returned to Rome as a private citizen. Caesar knew this would happen because stentorian Republicans like Cato had made umpteen speeches promising to prosecute him. Therefore he had no choice but to seek election in order to win immunity, and he could only run in his physical absence because he knew that, as soon as he entered Rome as a private citizen, he knew he’d be tried, multiple times until his enemies got the result they wanted. When the senate rejected all his and his supporters’ attempts to negotiate this deal, he was left with no alternative but to enter Italy backed by his legions for security – thus triggering the civil war.)

D.H. Berry’s introductions

So before the reader gets anywhere near the speeches themselves, you have to mug up on their very complex background. And that’s where the OUP edition of Cicero’s Defence Speeches is outstanding. The editor and translator D.H. Berry not only provides an excellent general introduction to the volume, giving us a thorough and vivid overview of Cicero’s life and how it entwined with the complicated political context of the 70s, 60s and 50s BC, before going on to explain at some length the quirks of the Roman legal system…

But he also precedes each of the speeches with an in-depth summary of the political context and specific events which gave rise to it. This sounds simple but is, in each case, impressively complicated and absolutely vital: without a full understanding of the context you wouldn’t know what Cicero was trying to achieve in each speech. Berry is excellent at not only explaining the factual background but the strategy and tactics Cicero adopts in each speech.

General introduction

There were two main types of oratory: ‘forensic’ (from the Latin forensis meaning ‘of the forum’, which is where the public law courts were sited, also known as judicial) and ‘deliberative’ (the display of public oratory in political assemblies).

The Roman first court or ‘public inquiry’ was only set up in 149 BC and was followed by the establishment of further courts set up to try specific types of cases. Juries were large (sometimes hundreds of citizens) and if no court existed for the type of case, the trial was held in front of the entire people in the forum.

The system grew piecemeal for the next 70 years or so until it was swept away by the dictator Lucius Cornelius Sulla in 81 BC. He set up seven courts, designed to try specific types of case, namely murder, forgery, extortion, treason, electoral malpractice, embezzlement and assault.

The make-up of juries was a subject of controversy for decades – as you can imagine, if many cases were politically motivated, then who was allowed to sit on the jury was vitally important to both sides – until a law of 70 BC decreed they should be made up of one third senators, one third equites (or knights) and one third ‘tribunes of the treasury’ (who seem to have been a minor sort of equites).

In the decades that followed, more permanent courts were added, such as one devoted to violence, and other ad hoc types were created as and when required, such as the ‘sacrilege court’ set up to try Publius Clodius Pulcher for his famous dressing-up as a woman to infiltrate the women-only celebration of the Bona Dea being held at Julius Caesar’s house in 61 BC.

There were no public prosecutors. A defendant was prosecuted by the man who brought the case against him and any advocates or eminent men he could persuade to join him. The scope for doing deals and sharing prosecutions with social or political allies who stood to gain from a victory were endless.

Something else surprising: successful prosecutors were awarded their victim’s marks of honour and acceded to their rank in the senatorial hierarchy. So, on the face of it, a very strong motive to bring a prosecution and win.

However, they didn’t gain respect from doing this, often the reverse, and prosecuting was generally seen as an invidious role, unless you were obliged to carry it out by civic or family duty or gross injustice. The role of defender was much more socially respected, which explains why in almost all of Cicero’s cases he appears for the defence. The general idea was to mount one spectacular prosecution to make your name, then seek the safety of defending (a career path Cicero explicitly recommends in Pro Caelio, 73).

Also surprising is that it was forbidden by law to pay a defence attorney. This law had been passed as long ago as 204 BC to prevent bribery, but in a roundabout way led to subtler corruption. Roman society functioned via complex webs of clients and patrons. Patrons gave protection and assistance to clients who in turn waited on their patrons in their houses, in the street, rallied support for them at elections and so on. (These scenes are described by Cicero himself in Pro Murena, 70.)

In a legal setting an advocate (actually called, in Latin, a patronus) was a continuation of this intricate web of allegiances. Cicero might choose to defend a client because he owed them favours (he defended men who had supported him during the Catiline crisis of 63) or to put someone in his debt. It was never done out of charity or public duty. Every relationship, every act in ancient Rome, had undertones of politics and power.

Another surprisingly important factor was personal charisma. Roman trials put less weight on the evidence (they didn’t have the tradition of presenting forensically objective evidence that we do) and much more on the character of the people involved. Often a legal speech spent more time assassinating the character of the accused, or the accuser, than querying any of the supposed facts.

And this extended to the character of the advocate himself. Many of Cicero’s speeches not only defend his client’s character and denigrate the character of the plaintiff, but they also viciously attack the character of the prosecuting attorneys. By the same token, all the speeches in the volume draw heavily on Cicero’s own character and record as part of the defence.

Cicero obsessively invokes the auctoritas he acquired after ‘saving the nation’ during the Catiline crisis, repeatedly describes the risks he ran, the danger he faced, his boldness of action.

In my own consulship I undertook a bold venture for the sake of yourselves and your children. (Pro Milone, 82)

He is not slow to remind everyone that Cato had called him ‘the Father of the Nation’. He does all this in order to bring his (he hoped) huge moral authority to bear on the case.

(For example, when he reminds the jury of his role in saving the nation and then uses this authority to personally vouch for Marcus Caelius Rufus’s good character in Pro Caelio, 77, let alone the half or dozen or more references to it throughout Pro Milone.)

[This emphasis on character and personality is not restricted to Cicero’s speeches. It permeates the histories written at the time. Lacking any theories of society or economics, otherwise intelligent men like Sallust, Plutarch and Suetonius fall back again and again on individual character as the primary engine of history and human affairs, in a manner which we, as heirs to 2,000 years of evermore sophisticated social theory, frequently find naive and simplistic.]

Trials took place in the open air (what happened if it rained?). The presiding magistrate and scribes sat on a raised platform (tribunal) at the front of the court, while the jury (probably) sat on benches slightly raised off the ground. The plaintiff, defendant, their advocates, legal advisers, friends and families sat in two groups to one side. And this diorama was open to the forum and to sometimes huge crowds of the general public who gathered to watch and follow every trial, especially if it was of someone eminent or promised juicy gossip.

Trials were more like theatre than we are used to. The defendant had to wear mourning clothes and not shave or wash for several days in order to present a piteous spectacle. Berry gives examples of defendants who refused to comply with this ridiculous convention and were promptly convicted, regardless of the proceedings, solely because of their affront to tradition.

The prosecution spoke first, laying out the case, then the defence rebutted the prosecution points – only then was any evidence presented. Oddly, to us, in some of Cicero’s speeches he guesses at what the evidence will be.

Slaves could be made to give evidence but only under torture. Nowhere does Cicero refer to the shocking inhumanity of this tradition, which sheds light on the fear of all the slaves in the ‘comedies’ of Plautus and Terence that they might find themselves being tortured if their master gets into any kind of legal difficulty.

The magistrates (praetors) overseeing a case often knew nothing about the law (praetors were elected to hold office for only one year). They simply kept the peace and ensured the rules were complied with. (Cicero is on record as complementing the father of the future Augustus, Gaius Octavius, for his fairness and calm in supervising trials.)

How many jurors were there? Evidence is mixed, but it seems to have been a surprising 75, 25 from each of the three categories mentioned above. Jurors were not allowed to confer and voted immediately after the evidence was presented in a secret ballot. They were each given a wax table with A for absolvo on one side and C for condemno on the other. They rubbed out the letter they didn’t want and popped the table in an urn, then a court official totted up the votes.

If a defendant was found guilty the official penalty was death. But since there were no police and the defendant was never in anyone’s ‘custody’, it was generally pretty easy for them to leave the court, the forum, pack up their things and go into voluntary exile. Before most Italian tribes were given Roman status in 90 BC, this might mean retiring to places like Praeneste (only 23 miles from Rome) but by the time Cicero was a prosecutor it meant having to leave Italy altogether. Massilia, the large thriving port on the south coast of Gaul (modern Marseilles) was a popular destination and was where both Verres, who Cicero successfully prosecuted for corruption, and Milo, who he failed to defend from prosecution for murder, ended up living out their lives in well-heeled exile there.

Rhetorical style

Following his extremely useful and informative summary of Cicero’s career and the apparatus of Roman laws, Berry gives an equally useful explanation of the rhetorical techniques Cicero used in his speeches.

Cicero’s prose style is highly artificial. Sentences are long, sometimes a third of a modern page, sometimes longer. The style is ‘periodic’, meaning the sentences only achieve closure and make their meaning clear right at the end. The result is suspense: the audience hangs on the orator’s words and the succession of subordinate clauses, waiting to find out whether the sentence will end as they expected (with a nice sense of completion) or will deliver a surprise (gasps of delight). You can see how, done well, this could enthral a crowd.

Sometimes clauses are in pairs, to create balance, either/or.

‘For it is not my enemies who will take you away from me but my dearest friends; not those who have on occasion treated me badly, but those who have always been good to me,’ (Pro Milone, 99)

Sometimes they come in threes, to provide a crescendo effect. Pairs and trios create a balanced civilised effect. By contrast, sometimes his sentences pile up 4, 5, 6 7 short clauses to create a machine gun effect, to create something more feverish and frantic.

‘No witness, no accomplice has been named. The entire charge arises out of a malevolent, disreputable, vindictive, crime-ridden, lust-ridden house.’ (Pro Caelio, 55)

Cicero took great care to make sure his clauses ended with certain rhythms. Apparently these cadences were named, categorised and taught by teachers of oratory, although Berry doesn’t list or explain any, and they’re not really detectable in English translation.

The jurors and the public watching the trial knew all about these techniques and assessed speakers on their skill at deploying them. Cicero tells an anecdote about a crowd bursting into applause at an advocate’s particularly elegant turn of phrase.

In addition to rhythm a trained orator could deploy:

Anaphora

The repetition of words or phrases in a group of sentences, clauses, or poetic lines.

If you restore Caelius to me, to his family, and to the country, you will have a man who is dedicated, devoted and bound to you. (Pro Caelio 80)

Asyndeton

The omission of the conjunctions that ordinarily join coordinate words or clauses, as in ‘I came, I saw, I conquered’.

Apostrophe

A speech or address to a person who is not present or to a personified object. Cicero frequently addresses the spirit of dead, venerable Romans, or addresses the spirit of murdered Clodius, or addresses figures not physically present in the court (such as Pompey, directly addressed in Pro Milone).

Exclamation

For example, ‘O gods!’ the speaker pretending to give way to moments of emotion.

Alliteration, assonance and wordplay

Berry assures us these are everywhere present in Cicero but it is, of course, impossible to judge in translation.

Metaphor

One consul handing over to another informs him of the current challenges and issues in much the same way that the captain of a ship putting into port tells the captains of ships just setting out about the weather and pirates (Pro Murena, 4). A metaphor which is revived later in the speech, in the extended comparison of elections to unpredictable ocean currents or storms in (35 to 36).

Rhetorical strategies

At a higher level than specific tricks of rhetoric are larger-scale rhetorical tactics.

Appropriating the prosecution

Often he repeats the points the prosecution has made in order to rebut them. He does this by quoting them but often twisting the points in such a way as to suit himself, to tee up the kind of rebuttal he wants to make – as when he repeats a series of points allegedly made by Cato in Pro Murena, 67 onwards).

Inventing opposition points

One step beyond twisting prosecution points is inventing possible objections to what he’s saying in order to easily counter them. There are hundreds of instances along the lines of:

  • ‘You will no doubt ask me, Grattius…’ (Pro Archia, 12)
  • ‘Someone will surely ask…’ (Pro Archia, 15)

In which he attributes to the opposition lines of attack which he then easily refutes.

Rhetorical questions

Why do I mention his mother and his home when the penalty of the law deprives him of his home, his parent, and the company and sight of his friends? Shall the poor man go into exile, then? Where? To the east, where for many years he serves as a legate, led armies and performed heroic deeds? (Pro Murena, 89)

If Caelius had really given himself up to the kind of life that is alleged, would he, when still a young man, have brought a prosecution against an ex-consul? If he shied away from hard work, if he were enslaved to pleasure, would he do battle here every day, go in search of personal enmities, bring prosecutions, and run the risk of being prosecuted himself? And would he also maintain for so many months now and in full view of the entire Roman people a struggle for one of two things – his own political survival or glory? (Pro Caelio, 47)

Mimicry

As when Cicero imagines the feelings of soldiers called on to vote for Murena and remembering his many achievements in the army of the East (Pro Murena, 36) or mimics the voices of sceptical voters on election day (Pro Murena, 45).

Or the great sequence in Pro Caelio where he pretends to be one of Clodia’s ancestors brought back from the dead to thunder against her immoral behaviour.

There’s another type of mimicry. Surprisingly, the defendant was not allowed to speak at their own trial and so Cicero sometimes speaks for them, in the sense of putting words into their mouths and telling the jury, this is what X said to me, these are his very words.

This is notable at the climax of Pro Milone where sections 94 , 95 and 98 purport to be the sad but stoic speech of Milo himself.

If you combine this technique with ‘apostrophe’, addresses to people either absent or dead, you can see why the speeches are highly dramatic in the sense that there are a surprising number of characters in them, not as in a play, obviously, but being named, addressed, invoked and even attributed whole speeches which are then performed in another voice.

Changing the subject

In Pro Milone Cicero doesn’t bother denying that Milo was responsible for the murder of Clodius, but tries to shift the ground of argument to the issue of whether Milo was acting in justifiable self defence. Specifically, he argues that the incident wasn’t a random accident but a carefully contrived ambush by Clodius and so his client was only responding as Great and Eminent Romans Throughout History had responded i.e. by defending himself. This strategy failed and Milo was convicted.

Invoking famous men

In all the speeches Cicero invokes the memory of Great and Noble Romans from history who he says behaved like his client. It is a variation on invoking his own auctoritas.

Closely related is the Appeal To Patriotism. All of the speeches invoke the idea that jury must acquit his client because The Very Existence of the State is at stake!

‘In this trial you hold the whole country in your hands!!’ (Pro Murena, 83)

Invoking the sad family

At the end of Pro Murena and Pro Caelio Cicero invokes the tragic spectacle of the defendant’s family, his aged father, his weeping mother or wife, on their knees, begging for their son or husband or father to be freed and their family happily reunited.

The Appeal to the Romans’ very strong sense of Family Values seems to have been a tried and trusted, standard strategy (Pro Caelio, 79 and 80).

Crying

In several of the speeches Cicero refers to the fact that he himself is weeping, crying at the spectacle of such a valiant, heroic, brave, virtuous, patriotic, dutiful and wonderful person having been brought low by his fiendish enemies and so utterly deserving of vindication and acquittal that he, Cicero, cannot help bursting into floods of tears, he cannot see the jury, he cannot see the court, he can barely speak for grief!

‘But I must stop now. I can no longer speak for tears…’ (Pro Milone, 105)

Repetition

Obviously the rule of three, or using multiple clauses to say the same thing, or asking a series of rhetorical questions are all types of repetition. But a big feature of all the speeches which Berry doesn’t really address is their repetitiveness. Cicero often says he’s going to address a point, addresses it, tells us he’s finished with it, and yet several pages (a few minutes) later, brings it up again.

I can’t find the precise references now but in the three longest speeches, he has a tendency to make a point, wander off to something completely different, then revert to the same point later. This was the single factor which made reading them difficult for me, the sense that they didn’t have a clear logical flow – a beginning, middle and end – but on the contrary, I found all the speeches rambling and digressive and often hard to follow, with no higher level logic.

Conclusion

The cumulative effect of all these techniques is that the speeches, especially when written down and published (as Cicero took care to have done) are emphatically not the language of ordinary speech. The orator has done a lot of work preparing them and he expects the audience to do some work to appreciate them. It is intended to sound ‘theatrical and high flown’ in Berry’s phrase. The fact that I found them long-winded and often quite confusing maybe says more about my taste, shaped as it is by the 20th century taste for laconic brevity, than Cicero’s verbose and long-winded achievement.

P.S. Adrian Goldsworthy’s comments

Dr Adrian Goldsworthy’s big biography of Augustus contains lots of factual asides about aspects of late Republican Rome. Some of these concern the law and provide context to these speeches:

Legal attacks could easily end a career and so were far more high-stakes than in our society (p.94).

Goldsworthy gives an example of the rhythm of Cicero’s sayings in Latin. This was a throwaway remark he made about young Octavius, laudanum adulescentum, ornandum, tollendum – which means ‘we will praise the young man, reward and discard him’ – and, apparently, caused a serious breach in their relations (p.122) – but it’s one of the few examples I have of the rhythm of Cicero’s language in Latin.

He reinforces the notion that a) since there was no equivalent of the Crown or State, legal cases could only be brought by individuals and b) prosecuting was seen as invidious, unless one was defending family pride or there was a really gross example of wrongdoing – and so accusers tended to be young men out to make a name for themselves with one or two eye-catching prosecutions, before settling into the more congenial and socially accepted role of defence counsel, exactly the career Cicero followed (Augustus: From Revolutionary to Emperor by Adrian Goldsworthy p.43). He repeats the point on page 281:

Prosecution was generally left to the young, and had long provided an opportunity for youthful aristocrats to catch the public eye at an early stage in their careers.

Goldsworthy refers to ‘the aggressive and abusive tone common in Roman trials’ which we’ve seen plenty of evidence of (p.280).

Above all, Goldsworthy makes the most devastating single point about Cicero’s speeches with striking simplicity:

A glance at Cicero’s speeches is enough to show the readiness with which Roman advocates distorted the truth. (p.278)

For all his pontifications about Justice, for all his exhaustive descriptions of Law epitomising Reason In Action – Cicero was a highly professional and convincing liar.


Credit

Defence Speeches by Cicero, translated and edited by D.H. Berry, was published by Oxford University Press in 2000.

Cicero reviews

Roman reviews

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