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.

Related links

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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

Letters of Cicero edited and translated by L.P. Wilkinson (1966)

This is an old book (published in 1966) containing 196 pages of Cicero’s most interesting letters, selected and translated by L.P. Wilkinson. Wilkinson’s introduction is a bit waffly but conveys the key facts: Marcus Tullius Cicero was born in 106 BC and rose to high office in Rome. Having studied philosophy and oratory in Greece, he went on to become the premiere lawyers and orator of his time. He then rose through the set series of official posts or magistracies (the cursus honorem), attaining the post of consul in 63 BC, aged 43. It was towards the end of that year that he had to deal with the notorious Cataline conspiracy.

After a brief exile in 58, to flee his political enemies, in the later 50s he played a key role in trying to effect a compromise between the partisans of Caesar and Pompey. In 51 he was sent to serve as governor of the province of Cilicia in the south of modern-day Turkey, a post he filled with conspicuous rectitude. But it meant he was absent from Rome as the great political crisis between Caesar and Pompey came to a head.

When civil war broke out in January 49, Cicero agonised about choosing a side and eventually plumped for Pompey, still hoping the latter could become the leader who could restore what Cicero optimistically called the ‘harmony of the orders’, and so followed Pompey and his army when they crossed the Adriatic to Greece. After Caesar decisively defeated Pompey at the battle of Pharsalus in August 48, Cicero returned to Rome, where he reluctantly acquiesced in the dictatorship of Caesar.

It is from this period of withdrawal from political life that date most of his written works, including books about oratory, law, the ideal republic, on the duties of the citizen, the nature of the gods and many more.

After the assassination of Caesar in March 44, Cicero threw himself behind the cause of the dictator’s 18-year-old great-nephew, Octavian, in opposition to the crude and brutal Mark Antony, against whom he wrote several vitriolic diatribes. This proved to be a miscalculation, for only a year later Octavian made peace with Antony to form the Second Triumvirate (along with Lepidus), the three partners drew up lists of political enemies to be ‘proscribed’, and Antony put Cicero at the top of his list of opponents to be killed. And so he was.

Cicero’s correspondence

Cicero’s correspondence is ample but slow to get going. There’s nothing from his youth or young manhood i.e. the 90s, 80s or 70s BC. The first letter dates from 68 BC but between that date and 65 there are only eleven letters. There’s nothing from his early career as a lawyer or his campaign to be elected consul. The latter is a particular shame as his consulship, in the year 63, coincided with the conspiracy of the senator Catiline to overthrow the state, which Cicero was instrumental in uncovering. Cicero was instrumental in rounding up the ringleaders (in Rome; Catiline himself remained at large in Italy) and then took the lead, after a fiery debate in the senate, in executing them. (See Sallust’s Catiline Conspiracy and Plutarch’s Life of Cicero.)

Cicero’s correspondence doesn’t become continuous until the year after his consulship, in 62 BC. But from that year until July 43 (when Cicero was executed on the orders of Mark Anthony) more than 900 letters survive, about 835 by him and 90 addressed to him. Of his own letters, half (416) were addressed to his friend, financial adviser, and publisher, Titus Pomponius Atticus, who he describes as:

my constant ally in public affairs, my confidant in private, my partner in every conversation and project.

He wrote so many letters to Atticus because the latter had (very wisely) withdrawn from Rome altogether to live in Athens. In fact ‘Atticus’ is a nickname referring to Pomponius’s preference for Greek culture. Cicero’s other 419 letters are to a wide range of friends, acquaintances and relatives, some 94 named individuals in all.

It is important to note that Cicero and Atticus were not only friends of long standing (possibly they went to school together) but had the further tie that Cicero’s brother, Quintus Tullius Cicero, was married to Atticus’s sister, Pomponia – although it was an unhappy marriage, something Cicero refers to in some of his letters.

Wilkinson

Wilkinson’s introduction is a bit waffly, generalising about how loveable Cicero is and so on, fondly indulgent of his narcissism as most other commentators are. Wilkinson is much better in the short linking passages which precede each batch of letters, generally only a couple of paragraphs long but in which he briefly explains the historical context of each batch and what we know of the events Cicero is describing, from other sources. These linking passages are concise and fascinating.

In the moment

Cicero’s letters are so interesting for two reasons. I suppose the obvious one is that he was a central, or central-ish, figure in the high politics of the last decades of the Roman Republic. I found it dazzling that he writes letters to, and receives replies from, all the key players – Pompey, Julius Caesar, Mark Antony, Brutus and Octavian.

But he could have done this and the letters still be boring. The real secret of their appeal is Cicero’s immense and eloquent involvement in the politics of his time and because his letters plunge you into the moment. All the histories of late republican Rome which I’ve read, ancient or modern, are written with the benefit of hindsight i.e. they often mix up events with their consequences, giving a sense that events were fore-ordained, fated to happen and are a foregone conclusion, regarding them as done and dusted and fodder for thematic analysis.

Wilkinson’s brief introductions, by contrast, give you a snappy resumé of events up to the moment when the next batch of letters start, and then plunge you into the present of the letters in which none of the characters know what is going to happen next.

And all sway forward on the dangerous flood
Of history, that never sleeps or dies,
And, held one moment, burns the hand. (from To a writer on his birthday by W.H. Auden)

As we read the letters, we are living in the dangerous present, alongside Cicero, sympathising with his efforts to figure out what the hell to do, given the immense press of fast-moving events. As the letters progress, they become more and more dramatic and immersive, and genuinely gripping, as gripping as any thriller.

Political parties?

One thing which surprised me in Wilkinson’s introduction is how confidently he talks about political parties with a capital P – the People’s Party, the Senate Party, the Knights Party. Obviously these were not political parties in the modern sense. All the authorities emphasise this. Instead they were loose and flexible affiliations, generally clustered around powerful individuals, because that was the structure of Roman society at large. The Roman ruling class was based on the notion of rich patrons who were surrounded by a host of ‘clients’, who benefited from their largesse and in return offered services. It was a subtle, complicated, ever-changing flux of relationships – personal, familial, military and political.

Given all this, I was surprised to read Wilkinson very much using the language of ‘parties’ and surprised at how acutely it shed light on events which had been more personalised in other accounts. All the accounts I’ve read tend to focus on individuals and their rivalries and hatreds, for example between Marius and Sulla. But Wilkinson recasts this in terms of ‘parties’.

Thus he sees the rivalry between Gaius Marius and Lucius Cornelius Sulla as not only a fierce personal and professional rivalry (which it undoubtedly was) but as a struggle between the People’s Party of the former and the Senatorial Party of the latter. He explains how Gnaeus Pompey at first appeared to follow in Sulla’s footsteps but, during the 70s, left the Sullan cause and helped pass a series of laws which rolled back all the laws Sulla put in place at the end of the 80s to try and bolster the power of the senate.

Alongside Pompey, was Marcus Licinius Crassus (born 115 BC, so 9 years older than Cicero) the richest man in Rome, who Wilkinson puts at the head of the Equites or Knights, the class of often very rich businessmen who sat, as it were, just beneath the senate in terms of power and prestige.

And coming up on the outside was the young, but poor, and extremely ambitious Julius Caesar, born in 100 BC and so 6 years younger than both Pompey and Cicero. By temperament, and family ties (his aunt had been Marius’s wife) Caesar was the rising star of the People’s Party.

Pompey sponsored a bill which removed control of the juries in trials from the Senate and gave a third of juries to the Equites, thus securing the support of the Knightly Party. And then, after being awarded enormous powers to rid Rome of the pirate scourge 67 BC, Pompey won such overwhelming popularity with the People that he was given huge powers to go east and deal with the ongoing problem of King Mithradates VI of Pontus in 66.

When you see Crassus, Pompey and Caesar as not only extremely ambitious individuals, but as representatives of interest groups or ‘parties’, it makes even more sense that in 60 BC Caesar persuaded the other two to join him in an informal pact to manipulate elections and laws and award each other official positions which suited their interests – the first triumvirate.

Cicero’s initial hopes for Pompey

Wilkinson begins his collection with a letter from Cicero to Pompey, written in 62, the year after Cicero’s consulship (when, as he never stopped reminding people, he claimed to have more or less single-handed saved Rome from overthrow by Catiline and his conspirators).

At this point, before the triumvirate was set up, Cicero was still hero-worshipping Pompey and hoping that he would become an enlightened leader and centre of a circle of intellectuals (such as himself). More importantly that Pompey could straddle the interest groups of the different parties (senate, knights and people) and so effect what Cicero called ‘the harmony of the orders’ i.e. put an end to the continual conflict between the different ‘parties’ and reconcile them to work together for the good of Rome.

Pompey had dramatically demonstrated his dedication to the constitution when, upon returning to Italy from his triumphs in the East, he didn’t march on Rome as Marius and Sulla had done, but simply disbanded his army and returned as a private citizen at the beck of the senate. Good man.

(This first letter establishes a recurring theme of the correspondence which is Cicero’s enormous sense of his own importance. Cicero never loses an opportunity to brag at length how the whole world recognises how he single-handedly saved the state during the Cataline crisis.)

Thus, in this first letter, he expects that, despite his (Pompey’s) recent letter to him (Cicero) being restrained and distant, nonetheless, once he arrives in Rome and learns what a hero Cicero is, he (Pompey) will be all the readier to allow Cicero to consort with him in private and in politics. ‘Once you realise how heroically I saved Rome you will want to hang out with me’.

Timeline of Cicero’s letters

63 BC

Cicero serves as consul. November to December the Catiline conspiracy. After a debate in the Senate a vote was taken choosing to execute the known conspirators and, as a result, Cicero promptly led five of them to Rome’s gaol where they were garrotted without a trial. This prompt but rash action, in a moment of national crisis, was to haunt Cicero for the rest of his life and be used against him by his enemies who claimed it was illegal and itself deserving the death penalty. It was the threat of prosecution for it which sent Cicero into self-imposed exile in March 58. And it helps explain the boastfulness when you realise every time he mentioned it he was also in part exonerating himself, building up his defence with everyone he spoke to or wrote to.

62

First letter to Pompey insisting he ought to take him (Cicero) seriously as the man who saved Rome the year before.

61

January: Long gossipy letter to Atticus mentioned the scandalous affair of Publius Clodius Pulcher impersonating a woman to enter Caesar’s house during a women-only religious ceremony. Bitchy remarks about Pompey. June: Cicero describes the trial of Clodius in colourful terms. Cicero intervened to demolish Clodius’s alibi, thus making a mortal enemy who terrified him into exile three years later. From mid-61 to 58 Cicero missed the help of his brother, Quintus Cicero, who went to serve as governor of Asia Minor.

60

January: Cicero complains to Atticus about not having anyone to trust. June: another letter about Clodius’s ongoing intrigues. He was rumoured to have had incestuous affair with his sister, Clodia, who features in the poetry of Catullus as his beloved ‘Lesbia’. Clodia was married to that year’s consul, Metellus. Cicero says she’s a disgrace and he ‘hates’ her.

Julius Caesar invited Cicero to join with him, Crassus and Pompey in what would become known as the Triumvirate. Cicero declined out of loyalty to the constitution.

59

Julius Caesar takes up office for a year as consul. He brings in a Land Bill for the settlement of his servicemen. He ignored the opposition of the senate and vetos by the tribunes i.e. a clear indication that the triumvirate were going to ignore constitutional checks. Next, the tax collectors got a remission of one third on the price they’d paid to collect taxes in the East, to please their representative, Crassus. As his reward for organising all this, the other two arranged for Caesar to be made governor for 5 years of Cisalpine Gaul, Illyrium and Transalpine Gaul. Caesar also married his young daughter, Julia, to Pompey, in order to cement their political bond. She was 17 and Pompey was 47, but in fact he became devoted to her.

Summer: Cicero writes to Atticus telling him the actions of the triumvirate have created a climate of fear, disgust and universal despair at the loss of political freedoms and the state of ‘general servility’. Cicero tells Atticus how at the gladiatorial shows and the theatre Pompey is hissed and booed. Caesar offers Cicero a job as one of the 20 Land Commissioners deciding which land should be assigned to ex-soldiers, but Cicero realises it’s a trap i.e. will associate him with the regime and lose him the support of ‘loyalists’.

58

The Triumvirate arrange for the patrician Clodius to be adopted into a plebeian family so he could be elected as one of the ten tribunes of the plebs. Clodius introduced laws which benefited them all. Caesar encouraged him to persecute Cicero because the triumvirs feared his continued opposition to them jeopardised their programme.

Thus it was that Clodius was encouraged to propose a law threatening exile to anyone who executed a Roman citizen without a trial. Cicero, having executed members of the Catiline conspiracy four years previously without a formal trial, was the clear target of this proposal. After senators and colleagues failed to offer him the assurances he needed, Cicero wisely departed Italy for Greece. A few days later Clodius put forward another bill formally exiling Cicero and confiscating his property. Cicero’s house on the Palatine Hill was destroyed by Clodius’ supporters, as were his villas in Tusculum and Formiae. On the ruins of the Rome house Clodius had a temple dedicated to Libertas built.

The more dangerous, because principles and unbending, opponent of the triumvirs, Cato, was, via another of Clodius’s proposals, sent as governor to Cyprus to get him out of the way.

[What strikes the casual reader of both the general background and Cicero’s letters is how immensely personalised this all was. It’s as if ‘the state’ only consisted of half a dozen people who make and break friendships like schoolboys in a playground.]

April: a letter to Atticus from Brindisi saying he’d love to come to Athens. A sad and moving letter to his wife, Terentia, who he calls the ‘best and most devoted of wives’. She has stayed behind in Rome to see their houses confiscated etc. Practical arrangements about what to do with their large staff of slaves now they have no house. Love to his wife and daughter (married to Piso) and little son, Marcus.

 57

Caesar has gone to Gaul to take up what would turn into 8 years of successful campaigning (see Caesar’s Gallic Wars). Having created a leader of street gangs and proposer of strident laws in Publius Clodius Pulcher, Pompey found him impossible to control, and begins to lobby for Cicero’s return. Clodius’s gangs riot but Pompey helped set up a rival and opposing gang leader, Titus Annius Milo, and got him elected tribune of the plebs, who proposed a law repealing Cicero’s exile. The start of a five year period of unpredictable street battles between the rival gangs and supporters. For example, on 23 January 57, when Clodius tried to use a force of gladiators to block a move to recall Cicero from exile, Milo arrested Clodius’ gladiators. Milo was subsequently attacked by Clodius’ gangs. Milo attempted to prosecute Clodius for instigating this violence but was unsuccessful. The warfare between Milo and Clodius’s gangs became a feature of Roman life. But meanwhile, with the support of Pompey and that year’s consul, Lenthulus Spinther, Cicero’s exile – which he had spent mostly in Salonika – was ended.

September: letter to Atticus rejoicing at being back in Rome. Far more than that, it celebrates in hyperbolic terms what Cicero describes as widespread celebrations of his return, so that at every city and town he was feted by cheering crowds, received delegations of civic worthies etc. Cheering crowds at the gates of Rome, in the forum, on the Capitol. He is immediately back in the buzz of political life and makes a speech in support of a motion to award Pompey control of the corn supply, seeing as there’s a shortage. Fascinating detail of the way the consuls proposed the law giving Pompey control of the corn supply throughout the empire for 5 years, but then Messius introduced an amendment giving Pompey a fleet and army and complete authority over regional governors. Superpowers. This is evidence for the case that the Republic collapsed not because of a handful of ambitious men, but because it was no longer up to administering such a huge area. Anyway, he also hints that all is not well in his household, first hint of deteriorating relationship with Terentia.

November: description of how a mob led by Clodius knocked down Cicero’s half-rebuilt house then incited them to set fire to Cicero’s brother’s house and then ran amok through the city promising to free slaves who joined them. He describes how on 11 November he and his entourage were proceeding along the Sacred Way when Clodius’s gang appeared and produced stones, clubs and swords so that Cicero et al were forced to take refuge in a friend’s house and barricade themselves in.

Clodius is a one-man evidence for the argument that the collapse of law and order in Rome set the scene for the end of the republic. Cicero describes feeling resentfully jealous of Milo and his complete lack of scruples, Milo openly saying he will murder Clodius if he can (though it would be four more riotous years till he did).

56

February: Letter to his brother Quintus describing the attempted trial of Milo. When Pompey attempted to speak for him, Clodius’s gang erupted in shouts and catcalling, then a near riot broke out and Cicero fled. In the following days there was a meeting of the senate, proposals that the riots amounted to sedition. Cato made a violent speech against Pompey who then stands and makes a measured reply. Cicero makes the shrewdest comment on Cato that I’ve read:

from the highest principles he sometimes does the state harm (p.39)

Pompey confides in Cicero that there is a conspiracy against his (Pompey’s) life. He thinks Crassus is encouraging Cato’s attacks while continuing to fund Clodius’s gangs. Cicero allies himself with Milo and the constitutionalists.

April: a sweet letter to Atticus asking him to send some of his slaves or servants who are expert at book management to help restore his library.

In April 56 Cicero made a career-changing mistake. He still thought he could break up the Triumvirate with a view to restoring traditional senatorial rule. The strategy he chose was to launch an attack on Caesar’s Land Bill, which sequestered land to give to his war veterans. But it had the opposite effect, for Pompey supported Caesar’s measure. Indeed it led to the entrenching of triumvirate power when Caesar called Pompey, Crassus and 120 senators to a meeting at Lucca in his province of Cisalpine Gaul, where the pacts behind the Triumvirate were reconfirmed. They agreed that Caesar’s command in Gaul was to be extended by a further five years, that Pompey and Crassus would be consuls for 55, the former with responsibility for Italy and Spain, but remaining in Italy to keep an eye on Rome while the latter went hunting for glory against the Parthian Empire in the East. He had for some years been complaining about the spinelessness of the ‘nobles’, especially when they failed to stand up to Clodius about his exile. Now his patience snapped and he washed his hands of the senatorial party (‘had they not led me on, then ratted and thrown me over…I must finish with them’), made his peace with the Triumvirate (‘let me endeavour to make friends with those that have power’) and retired from politics, concentrating on his writing (p.55).

May: The famous letter to the historian Lucius Lucceius unashamedly sucking up to him and suggesting he write an historical account of the Catiline conspiracy giving pride of place, of course, to Cicero’s heroic achievements in saving the state! Interestingly, he describes in detail his conviction that a mere chronicle of events is boring; what brings it alive is describing the vicissitudes of fortune, the rise, setbacks and triumphs of individuals. This is interesting in itself but indicates the gulf between the ancient and modern world: what interests us is analysis which is undertaken on the basis of a whole range of modern theories, economic, sociological, political, Marxist along with various schools of psychology. By contrast with the web of sophisticated interpretative theories which modern readers and commentators have at their fingertips, the ancients had just one: Fortune and its impact on the rise and fall of great men.

May: letter to Atticus bemoaning his situation whereby if he speaks out about what is right in politics, he is thought mad; if he agrees with the triumvirate, he is thought servile; if he says nothing, he feels crushed and helpless.

May: letters to Lentulus Spinther who, as consul in 57, supported Cicero’s return from exile and is now governor of Cilicia. Cicero describes how the triumvirate have succeeded in gaining their goals beyond their wildest dreams and how he is being realistic and attaching himself to Pompey. He laments that he once looked forward, after a lifetime of service, to giving independent advice in the Senate. But now that vision and world have disappeared. There is now only a choice between ‘humbly agreeing or disagreeing to no purpose.’ ‘The whole essence of the Senate, law courts and the State in general has changed’ (p.61).

55

Cicero sent his brother, Quintus Tullius Cicero, to join Caesar in Gaul. Caesar repelled an incursion by two Germanic tribes and then made his first expedition to Britain. In November Crassus departed Rome to sail to Asia (Turkey) with a view to heading on to Syria to raise the forces for his ill-fated campaign against the Parthian Empire.

April: letter to Atticus from his country house in Cuma where he laments his impotence in politics but:

The more I am robbed of my relish for material pleasures by the thought of the political situation, the more comfort and recreation I find in literature. (p.61)

September: long letter to Marcus Marius giving descriptions of a festival which the former missed and Cicero says he would have hated, describing the bad plays, terrible acting and excessive props; the grimness of the gladiator games and animal hunts, with a word for how the killing of the elephants elicited not pleasure but horror.

54

Cicero’s brother, Quintus Tullius Cicero, took part in Caesar’s second expedition to Britain, which is referred to in Cicero’s letters to him. Julius Caesar’s daughter, Julia, died, aged just 22, leaving her husband, Pompey, bereft. She had provided an important link between the two men and from this point they began to drift apart. Caesar tried to re-secure Pompey’s support by offering him his great-niece in marriage, but Pompey declined.

Spring: an uneasily sycophantic letter to Julius Caesar recommending a friend and colleague Gaius Trebatius Testa for service in Caesar’s army in Gaul.

June: letter to his brother Quintus Cicero. These letters reveal an effort by Cicero to really ingratiate himself with Caesar, to seek his friendship and approval. He regrets being slow to cultivate Caesar’s friendship and promises his brother he will now speed up. These letters with their record of who he’s recommending to who for what position or post, with whose support or opposition, take us into the network of friendships, family and professional and political obligations, alliances, rivalries and enmities which characterised Rome.

September: a famous letter to his brother describing the building works being done to the latter’s villa at Arce and problems with the builder, Diphilus.

October: fascinating letter to his brother describing progress on his book on politics, The Republic. He had cast it in nine books in the form of discussions between Scipio Africanus and his literary circle in the 120s BC. However, when he had it read out at his house in Tusculum in the presence of (the 32-year-old) Gaius Sallustius Crispus, the latter said it would have much more power if it was set in the present day and had Cicero himself as a speaker. This shook his confidence in his conception and he’s now reconsidering.

December: letter to Gaius Trebatius Testa who, as we saw, Cicero recommended to Caesar to be his legal counsel.

53

In June 53 Marcus Crassus was killed leading Roman legions against the Parthian Empire at the Battle of Carrhae in Syria. (See the description in Plutarch’s Life of Crassus.) The Triumvirate was thus ended and became a duumvirate, with an uneasy peace between Caesar and Pompey lasting for the next four years. Milo made a bid for one of the consulships for 52 while Clodius was standing for the praetorship. Milo had won popular support by staging extravagant games and enjoyed the support of the Optimates but Pompey supported Clodius. Milo and Clodius’s supporters clashed in the streets leading to such a breakdown of order that the elections were declared void.

52

In January 52 Milo and Clodius and their respective entourages met by chance on a provincial road outside Rome and a scuffle turned into a fight during which Clodius was wounded then killed. Clodius’s followers brought his body back to Rome and laid it in the Senate House which, after more rioting, they set fire to and burned down. As a result the Senate elected Pompey as sole consul for that year to restore order. Cicero was pleased that the man who had him exiled was now dead and, when Milo was brought to trial for murder, defended him in a speech which became famous, Pro Milone. True to the spirit of the times, though, Clodius’s supporters made such a racket and surrounded the proceedings in such number that Cicero was intimidated into delivering the speech poorly and it couldn’t be heard (though he took care to have it published soon after). Milo was convicted and sent into exile at Massilia.

Caesar was granted permission to stand for the consulship in his absence, being far away on campaign in Gaul – but a powerful party in the Senate wanted him both stripped of his command in Gaul and prevented from holding office back in Rome. Marcellus specified the date 1 March 50 for when Caesar should be relieved of his role. This was to become the crux which sparked the civil war.

51

May: letter to Atticus complaining about the behaviour of his sister, Pomponia, to her husband i.e. Cicero’s brother, Quintus. ‘I never saw anything so polite as my brother or as rude as your sister’ (p.71).

Before he left for Cilicia Cicero secured Marcus Caelius Rufus, a clever unprincipled young man, to be his eyes and ears in Rome (see section, below).

May: first of Caelius’s letters explaining that he has sub-contracted writing out a really thorough account of all the acts of the senate and the assemblies, plus all stories, rumours, jokes and gossips, to another hand. This is just an accompanying letter with highlights.

June: letter to Atticus en route to Cilica, stopping over at Athens. He has behaved well and prevented his staff using their privileges to requisition or spend excessively. But oh he is not looking forward to this governorship.

June: letter to Gaius Memmius who was the dedicatee of Lucretius’s famous poem On the nature of the universe. It’s in fact a boring letter about the preservation of a building once belonging to Epicurus.

July: a suite of letters telling Atticus about the journey by boat from Athens via various islands to Epidaurus.

August: Caelius writes with news of the debate about the end of Caesar’s command in Gaul.

Cicero writes to Atticus saying his governorship commenced on his arrival in Laodicea on 31 July and he is bored to death. He describes the state of the province of Cilicia, which has been mulcted by his predecessor and Roman tax collectors: on all sides he hears complaints about the amounts demanded and the brutality of his predecessor as governor, Appius Claudius Pulcher, in punishing anyone who objected. As the natives have realised, Cicero is determined to be fair, they flock to him in adulation.

[It’s worth pausing a moment over this Appius Claudius Pulcher (97 to 49) because he’s such a good example of the way family ties were vital in understanding the minutiae of Roman politics and society. Appius Claudius Pulcher was head of the senior line of the most powerful family of the patrician Claudii. The Claudii were one of the five leading families (gentes maiores or ‘Greater Clans’) which had dominated Roman social and political life from the earliest years of the republic. He was also the elder brother of Publius Clodius Pulcher the rabble rouser who was responsible for driving Cicero into exile in 58. In the summer 55 Appius married his younger daughter to Pompey’s eldest son, Gnaeus Pompeius (born c.79 BC), thus ensuring his election to the consulate for the following year. He served as consul in 54, along with Cato’s brother-in-law Lucius Domitius Ahenobarbus. Then he was proconsul for Cilicia for two years, 53 to 51, when Cicero took over. Elected censor in 50 with Caesar’s father-in-law, Lucius Calpurnius Piso Caesoninus (cos.58), Appius was promptly prosecuted for electoral bribery by Cicero’s new son-in-law Publius Cornelius Dolabella. At some stage he had married his other daughter to Marcus Junius Brutus and so Brutus now came to his defence, along with the famous advocate, Quintus Hortensius, and he was acquitted. It’s important to note that Cicero was very cautious and politic both in his letters to Appius and in any comments about him because he knew he would need Appius’s support to be voted the triumph he so dearly hoped for. Thus the byzantine personal relationships of Roman society and politics.]

Letter to Appius laying out how friendly and positive Cicero has been, and reproaching Appius for refusing to meet him, moving to the furthers part of the province and taking the cohorts with him.

There’s a running thread in letters of Caelius to Cicero asking for panthers for the games which, as aedile, he is charged with arranging. Where are my panthers? Just give the orders for them to be captured. Caelius has sent people to arrange their transport back to Rome.

October: Caelius writes to tell Cicero the latest developments in Rome on the issue of whether Caesar can stand for consul in his absence. Caesar wants to do this is so he can pass straight from being commander of the army in Gaul to being consul without a break. If there is a break and he returns to Rome as a private citizen, he knows that his enemies have compiled a list of his alleged misdemeanours in Gaul and will immediately prosecute him, with the very real risk that he will be sent into exile and stripped of citizenship, thus ending his career.

November: letter to Caelius. It always comes as a surprise to realise how military these men are. Thus Cicero gives a detailed account of the military affairs of his province, his various campaigns against enemy peoples and the fact that his writing this letter from a Roman army which he is supervising in the siege of Pindenissus, on Mount Amanus (which he was to take after 57 days). This was the military campaign upon which Cicero was later to base his (repeated) request for a triumph to be held in his honour.

50

Caelius writes to tell Cicero that Appius is being impeached for corruption during his governorship of Cilicia, but that Pompey (whose son is married to Appius’s daughter) is actively supporting him. [Later that year, in August, Cicero learns that his daughter, Tullia, fairly recently widowed, has married Publius Cornelius Dolabella. This placed Cicero in an awkward position because this same Dolabella led the prosecution of Appius for corruption at the same time as Cicero was trying to cosy up to him (Appius).]

February: a long letter to Atticus demonstrating in great detail Cicero’s attempts to be fair to natives in the case of the Roman moneylender Marcus Scaptius who was insisting on repayment of a debt from the people of Salamis on Cyprus at a rate of 48% compound interest. Cicero calls off the moneylenders soldiers, who had been threatening the Salaminians, and remits the interest to 12%.

May: a letter from Cato explaining why he proposed a vote of thanksgiving to Cicero in the Senate to recognise his good governance of Cilicia (p.94).

At the end of July Cicero’s governorship expired, he packed his bags and left Cilicia. But he didn’t reach Italy till November and Rome till January 49. During the second half of the year the political situation in Rome darkened. Various factions were lobbying for Caesar to return from Gaul and surrender his command, some in order that he could take up the consulship, some that he be arrested, or other types of legalistic intervention. The point being that everyone agreed that Caesar’s return would trigger some great crisis.

August: In a series of letters, Caelius gives a running commentary, explaining that the crux is that Pompey insists Caesar cannot take up his consulship until he has given up his army; but Caesar refuses to give up his army because only with it does he feel safe. Caesar has suggested that both he and Pompey give up their armies at the same time, but Pompey refuses. Impasse (pp.97 and 100).

October: Cicero writes to Atticus that he has received letters asking for his support from both Pompey and Caesar. The former he assesses as doing the right thing by the constitution, but the latter has incomparably the stronger army. So what should he do?

A comic note is introduced in the fact that, as the republic slides towards civil war, Cicero’s main concern is fussing to Atticus about lobbying the senate to be awarded a triumph for his campaigns in Cilicia.

Some of the letters describe the moment when Gaius Scribonius Curio went over to active support of Caesar, having been paid an enormous bribe to do so. Curio had been elected tribune and promptly used his veto to block any attempt to recall Caesar or separate him from his army. On 1 December 50 he proposed yet again that Pompey and Caesar lay down their arms simultaneously but it was vetoed by other tribunes. Instead Pompey accepted command of the army in Italy, just as Caesar was heading over the Alps with the army of Gaul. On the day his term of office expired (10 December) Curio went straight to Caesar at Ravenna and urged him to march on Rome. Caesar had his loyal supporter Mark Antony lined up to step into Curio’s shoes as tribune and continue supporting him.

December: At Pompeii Cicero met Pompey who was friendly and supportive of his request for a triumph. Pompey tells him his estrangement from Caesar is complete. In his last letter before civil war breaks out, Cicero laments that they should all have resisted Caesar before he was powerful. Now he is too powerful. But he equally laments that there is no obvious patriotic party in Rome, just different interest groups none of which have the Republic, as such, at heart.

49

In early January, Pompey’s father-in-law, Scipio, proposed to the senate that Caesar be forced to lay down his military command in Gaul. The new tribunes, Mark Antony and Quintus Cassius, tried to use their veto against this but were physically ejected from the Senate. In fear of their lives, they fled Rome and reached Rimini on the north-east coast of Italy on 10 January. On the night of 11 January Caesar led his legions across the little river Rubicon. The significance of this was that the Rubicon formed the border between Cisalpine Gaul, where Caesar legitimately was governor and military commander, and Italy proper, where he was not, and where to lead legions was expressly against the law.

Cicero arrived in Rome after his long, roundabout journey back from Cilicia the next day, on January 12. His letters explode with drama as panic grips Rome and Pompey and his supporters first of all flee Rome to the south-east, then move on to Brundisium which they barricade and fortify, and then depart Italy altogether for north-west Greece.

During these feverish days Cicero sends letters to his faithful freedman and servant, Tyro, with updates on the situation, and to Atticus agonising about what to do. For me what stood out is a sentiment he repeats several times, which is the discovery that ‘on both sides there are people who actually want to fight.’ (p.108) This is the truth that dare not speak its name in liberalism: the college-educated middle class and women want peace; but there is always a significant minority who let themselves get worked up enough to declare peace shameful etc and determine to fight come what may, ‘Death or glory’ etc. Thus the eminently sane, rational and civilised Cicero is bewildered to discover ‘the amazing passion’ which has gripped so many of his acquaintance in Rome.

Very quickly Cicero realises ‘the improvidence and negligence’ of his side, of Pompey, the senate and the consuls, none of whom have made adequate preparations. He realises immediately that it was a fatal mistake for the Pompeians and constitutionalists to abandon Rome.

On 16 February he writes to Pompey himself, saying he is holding the area south of Rome he was tasked with (the senate divided Italy into provinces and assigned governors for the duration of the crisis). But he writes to Atticus fairly certain that Pompey will flee and, sure enough, on 17 March Pompey evacuated his army of 30,000, plus most of the senate, the 2 consuls and tribunes across the Adriatic to Greece. Cicero tells Atticus about a face to face meeting with Caesar who begged him to come to Rome to discuss the issue further. (Persuading Cicero to stay would be a big propaganda coup for Caesar and persuade many other waverers to say and thus validate his regime.)

In April Cicero decided to join Pompey but not because he thought it would save the republic, which he now regards as finished; or because he thought Pompey would win, having displayed such indecision and fear. But in case people think he is ungrateful to the man who helped end his exile.

April: Cicero’s friend Marcus Caelius is on Caesar’s side and writes an impassioned letter warning him not to go over to Pompey, especially at this point when it has become clear Caesar will win. What would be the point?

May: his beloved daughter Tullia had a baby boy, born prematurely. In June he wrote to his wife, Terentia, telling her he is aboard the ship which will take him across the Adriatic to join Pompey, and to go and stay in one of their country houses and so avoid the war areas.

48

During the next few troubled years there are few letters. Having secured the flight of Pompey and his army, Caesar marched all the way to Spain where he defeated all of Pompey’s seven legions and secured the peninsula. In September he returned to Rome and undertook a suite of reforming legislation. In the spring of 48, having built up sufficient fleet, Caesar took his army across the Adriatic and besieged Pompey at Dyrrhachium. Here he suffered a confusing defeat so struck camp and headed east into Greece to relieve pressure on a Caesarian legion facing attack by Pompey’s father-in-law Scipio. Pompey shadowed Caesar and eventually, against his better judgement was persuaded by his camp followers of politicians, to give Caesar battle. He lost the battle of Pharsalus in August 48 and fled to Egypt where he was murdered. Cicero missed Pharsalus having remained ill at a camp on the coast. After the defeat, he opted not to join the hard core Pompeians – Labienus, Cato, Scipio and Pompey’s sons – but returned to Italy where he was grudgingly allowed to stay in Brundisium by Mark Antony who Caesar had appointed his deputy in Rome while he pursued the war in Egypt, Asia and Spain.

November: Cicero writes to Atticus bewailing his fate. How can he secure his return to Rome? He is worried about is family. He doesn’t regret joining Pompey and is upset by his miserable murder.

47

June: To Atticus he says he understands Caesar is in a tight spot in Alexandria. Meanwhile he just wants to be allowed to leave Brundisium, no matter how angry the Caesarians are with him. He is saddened by news of Marcus Caelius Rufus.

Caelius sided with Julius Caesar against Pompey in the civil war, warning Cicero not to align his fortunes with Pompey. In 48 he was rewarded with the office of praetor peregrinus. However, when his proposed program of debt relief was opposed by the senate and he was suspended from office, he joined in a rebellion against Caesar which was quickly crushed and Caelius was killed.

Cicero is troubled by the divorce of his beloved daughter Tullia from Dolabella who turns out to be a swine. If Dolabella divorces her Cicero will get back the dowry he paid for her, which was not inconsiderable.

At the end of 47 Cicero divorced his wife of 30 years, Terentia. He has confirmed that she has been swindling him over money for years, and he is fed up with her bad temper. It’s worth noting she was a true religious believer and devout in her worship of the gods, something Cicero teased her about.

46

After campaigns in Egypt, Asia Minor and Spain, Caesar finally returned to Italy. Here he met with Cicero and formally pardoned him, allowing him to return to Rome. He kept his head down, settled in his country estate at Tusculum, and devoted himself to literature. Many commentators think these among the most momentous years of western civilisation, for in the next three years he produced a series of works which invented philosophical discourse in Latin and popularised to the Romans and, later, for all western civilisation, the ideas of the great Greek philosophers.

In December 47 Caesar crossed to Tunisia to take on the Pompeian forces there. It took till April when he wiped them out at the battle of Thapsus. Cato, the great politician and inflexible moralist, committed suicide at the garrison city of Utica.

Cicero agonises about whether to deliver a eulogy for Cato, who was great but unwise. Any praise will only bring criticism on his head from the Caesarians.

April: letters to Marcus Terentius Varro, the polymath and a prolific author, giving the advice to lie low and study, to live with their books and, if they can no longer advise from the senate, to offer advice from the library and study.

July: five letters to Lucius Papirius Paetus, who has warned him about anti-Cicero gossip in Caesar’s circle, reassuring him that his policy, now that Caesar has triumphed utterly, is to do or say nothing to offend Caesar or his supporters. He discusses the merits of opening a sort of school for student orators, amid jokes about haute cuisine and eating peacocks, the kind of luxury talk Cicero absent from his letters till now. He describes a dinner party with unexpectedly celebrity company (Cytheris, a famous actress) and how, nowadays, deprived of political action and the freedom to speak his mind independently, there’s nothing he enjoys more than dining with friends, addressing his wit to whatever subject crops up and turning grumbling into laughter. In various ways he reformulates the same basic thought: that he is lucky to be alive and that they must obey the powers that be:

What will happen is whatever pleases the powers that be; and power will always be with those that have the arms. We ought therefore to be happy with what we are allowed. (p.139)

[The calendar: throughout 46 and 45 Caesar carried out widespread reforms. The most notable of these was reforming the calendar. Because of the discrepancy between the Roman year of 355 days and the actual solar year of 365.242 days, a large discrepancy had opened up, with the Roman calendar 2 months out of true. Caesar consulted mathematicians and had 67 extra days inserted between November and December 46, gave some of the months extra days to being the total up to 365, and instituted the idea of adding an extra day to the calendar every four years. A reform which survives, in essentials, to this day.]

45

After defeat in north Africa the surviving Pompeians rallies in Spain, under the great survivor Titus Labienus and Pompey’s sons. At the end of 46 Caesar went there with an army and eventually brought them to battle and defeated them at Munda on 17 March 45.

To Cassius he writes a brief letter explaining his new mode of life, explaining that: ‘I am ashamed to be a slave, so I make a show of being busy over other things than politics’ (p.140)

In February his beloved daughter Tullia died, leading to a series of letters from condoling friends, Cicero’s replies, and then his plans to have a permanent shrine built to her.

March: long letter from Servius Sulpicius offering carefully thought through advice on managing his grief. Cicero movingly explains to him that he had lost everything else in life, all his public works and political actions and the law courts, everything, and Tullia was the one good thing left to him and now she is dead.

In all these letters Cicero refers to Caesar rather spookily as ‘he’ by whose patience and generosity they now live, creating the sense of an all-powerful dictator who suffers his subjects to live and a painful sense of having lost his freedom to say and do whatever he wants. Against this backdrop it is striking to have a letter (March) addressed directly to Caesar and recommending to his service a young man named Precilius.

More correspondence with Atticus about buying the land and paying for a mausoleum to be erected to Tullia. Then (May) he has clearly published a eulogy to Cato because he writes about the invective against Cato written by Caesar. He doesn’t give a summary or even any of the arguments, which is irritating because the invective has disappeared, but then Cicero’s letters contain almost nothing about the content of his or anyone else’s writings, a big omission.

May: Atticus seems to have suggested Cicero write a letter to Caesar full of advice but Cicero says he can’t bring himself to; not out of shame, although he is ashamed to be still alive, but because he can’t find anything to say. ‘I would rather he regretted my not writing than disapproved of what I wrote…’

June: a letter to Atticus about some of the philosophical discourses he’s working on and, as usual, he doesn’t discuss the philosophy at all, but just the mechanics of the writing, namely who to dedicate the work to (he is dedicating his dialogue On Aims to Brutus, as Atticus has advised) and swapping round the names of some of the characters who appear in other dialogues, to please figures like Varro, Catulus and Lucullus.

July: this theme continues in a letter he writes to Varro accompanying a copy of his dialogue, the Academica, explaining that he has cast him, Varro, as one of the chief speakers, himself (Cicero) one of the others. As usual there is no indication whatsoever of the content, the subject matter or the actual arguments.

July: he tells Atticus he attended a triumph given to Caesar in Rome, where the dictator’s statue was next to Victory’s. He had been nerving himself to write some kind of official letter of advice to Caesar, such as ought to come from such a distinguished statesman, but seeing this procession put him off.

December: Cicero describes to Atticus that Caesar came and stayed in person at one of his country homes. The throng was immense – he brought 2,000 soldiers! But Caesar was affable and polite, did some administrative work, walked along the seashore, had a bath and at heartily a well prepared meal. They kept off politics and discussed literature so nothing unwise was said and Cicero didn’t offend his guest and so the whole visit passed off without embarrassment. But he wouldn’t like it to happen again.

December: a letter to Manius Curius describing the scandalous incident whereby on the last day of the year, the sitting consul Quintus Maximus died in the morning and, hearing this, Caesar gave the consulship for the remainder of the year i.e. for the afternoon and evening, to a friend Gaius Caninius Rebilus. This allows Cicero to make a few weak jokes, such as: During Caninius’s consulship no-one had lunch. And: Such was Caninius’s vigilance that during his entire consulship he didn’t sleep a wink! But he declares himself sickened by Caesar’s contemptuous, offhand treatment of the great offices of state.

[Personally I find this attitude a little hard to credit and to sympathise with. It would make sense if the republic whose loss Cicero laments had been a Scandiniavian style paradise of social democracy. But even a reading of his letters indicates the political instability sometimes descending to chaos of the previous two decades, from the Catiline conspiracy through to the violent street fighting between Clodius and Milo’s gangs in the late 50s, with politicians routinely attacked in the street and fleeing for their lives. To a very senior political figure like Cicero ‘freedom’ might have a particular meaning, namely that he could speak out and play a role in the senate. But the reader suspects that to many ordinary Romans, peace and stability was more important than ‘freedoms’ none of them enjoyed, and that’s without mentioning the up to 20% of the population who were slaves. Persuasive though Cicero’s self pity can be, this is essentially rich man’s discourse.]

44

Caesar’s assassination on 15 March in a meeting of the senate came as a great shock to Cicero. Although the conspirators ran out of the building waving their bloodsoaked daggers and shouting Cicero’s name (!) he was not approached to join the conspiracy and was, apparently, as surprised as everyone else. There is a gap around the event itself and the first letter we have is from 7 April, 3 weeks later.

[To my surprise he describes the assassins – or liberatores as they liked to style themselves – as ‘heroes’ who have behaved ‘most gloriously and magnificently’. He says the assassination ‘consoles’ him (p.160). At the same time the impression his letters give is of chaos in domestic politics, as the Senate votes to ratify all Caesar’s reforms but at the same time to declare an amnesty for the assassins. He shows the first signs of realising that assassinating the dictator won’t lead to the restoration of the republican constitution, but to a further sequence of civil wars because the republican constitution was irreparably broken. He also describes (albeit sketchily) something other accounts miss, which is the immediate impact of Caesar’s assassination on the empire. Thus war seems to be continuing against Parthia, but to everyone’s surprise there isn’t a widespread uprising in Gaul, whose leaders politely report to the Roman governor, Aurelius, that they will follow his orders. Having read Caesar’s long, gruelling account of his Gallic Wars, I am very surprised there was no uprising in Gaul and would be interested to read an explanation why.]

April: letter to Atticus lamenting the fact that by the second day after the assassination, which happened to fall on the feast of the Liberalia, it was already too late to move decisively to restore the republic, because on that day the Senate met and agreed that all of Caesar’s acts and laws should be confirmed, that his funeral be held in the Forum and his will read in public. Nobody suspected that Mark Antony would seize the opportunity to not only read the will, but show the mob Caesar’s body, and his toga gashed with bloody holes, and so inflame them that they would grab firebrands from the funeral pyre and run off to burn down the houses of the leading conspirators (and Cicero’s house, though he had no part in the conspiracy) with the result that the so-called liberatores (chief among them Brutus and Cassius) would be forced to flee the city they had supposedly liberated.

In April Octavian arrived in Rome, Caesar’s great-nephew who he had adopted as his legal heir. The Caesarians, led by Mark Antony, spurned him so he realised he’d have to worm his way up the ladder using the republicans. And so he curried favour with Cicero, among others.

April: letter to Atticus explaining that Octavian is staying with him and is surrounded by people breathing slaughter against the liberators. Already Cicero has a bad feeling that ‘our side’ will go under. Amazingly, he admits to wishing Caesar were still here because at least he had principles. In his absence Mark Antony is proposing all sorts of corrupt procedures, based on memos fraudulently claimed to have been signed off by Caesar, specifically a request to recall one Sextus Clodius from exile.

He writes in praise of Dolabella who had had a memorial to Caesar which his supporters had erected in the Forum demolished and its constructors thrown off the Tarpeian rock or crucified!

There’s a running thread of concern over his student-aged son Marcus, who is studying philosophy in Athens. Atticus gives reports of him, as does a friend, Trebonius, who looks him up in Athens. This is the same conspirator Trebonius who was tasked with keeping Mark Anthony in conversation outside the building where the other conspirators murdered Caesar.

June: he hears that the Senate will appoint Brutus and Cassius commissioners for supplying Rome with corn from Asia Minor and Sicily. Then he describes to Atticus the scene when he visited Brutus at his place in Anzio and, in front of the latter’s wife and children, was asked whether he, Brutus, should accept the Senate’s commission. He was in the middle of doing so when the impetuous Cassius burst in. Good God, it’s like a movie, it’s like being in the room with Lenin and Stalin arguing, it’s history at first hand. I am surprised to discover that Cicero thought Mark Antony should have been murdered at the same time as Caesar. Now he is emerging as the central political figure, but far more corrupt and tyrannical than Caesar had been. And the liberators who, as we’ve seen, he knows well and meets and advises, they have ‘No plan, no principle, no system’ (p.169).

Almost comically, there is a letter about Cleopatra who Cicero heartily disliked and found insolent and aloof. She had been staying in Rome under Caesar’s protection and fled the city when he was murdered.

There’s a slight oddity which is that the manuscript collections include 2 letters from Brutus and Cassius to Mark Antony. He was consul for 44 and they were praetors so they had to do business, but very uneasily since he had vowed to capture and execute them but had to acquiesce in the Senate’s decision to send them to governorships in Greece. They had asked Cicero whether they should return to Rome, even briefly, before they set out and he strongly advised against it.

August: Cicero tells Atticus he had set sail for Greece when a wind blew him back to Italy and he got messages of a big meeting happening in the Senate and none other than Brutus came to see him on foot. He praised Piso, Caesar’s father in law, who publicly stood up to Antony in the Senate.

Cicero returned to Rome but refused to attend the meeting of the Senate on 1 September when Caesar was officially deified. Antony made a furious speech criticising him for this. Cicero replied with a speech known as the first Philippic, because modelled on the famous speeches of Demosthenes against Philip of Macedon. This prompted Antony to a furious invective and triggered Cicero’s second Philippic. This is important because this animus led Antony, the following year, to condemn Cicero to death.

September: Cicero writes to Cassius in Athens telling him Antony is seeking any excuse for a massacre and to have him killed, making it unsafe for him to visit the Senate. So we are right back to the days of street violence and extreme instability of the 50s before Caesar made himself dictator.

November: Cicero tells Atticus he has received a letter from Octavian outlining his plans, which is to bribe ex-servicemen to his cause, which Cicero takes to be opposing Antony, and inviting him to a secret meeting at Capua. Meanwhile Antony is marching 3 legions towards Rome. Cicero asks Atticus what he should do, who he should support, and whether he should leave his rural idyll for Rome as things seem to be coming to a head?

43

In June 46 Antony had passed a decree declaring himself governor of Hither Gaul instead of Decimus Brutus. On November 28 he learned that two of the four legions he had summoned from Macedonia had gone over to Octavian, so he took the other two and marched north to Hither Gaul where he besieged Decimus in Modena. Cicero played an important role in Rome, supporting the two new consuls who took office on 1 January, Hirtius and Pansa, and rallying anti-Antony forces with his Philippics. He based his position on support for Octavian as the least worst option. War was declared on Antony on 2 February.

February: a letter to Trebonius wishing he had not taken Antony aside on the Ides of March but had arranged to have him murdered, too. Now Antony has marched north, Cicero describes his leading role in rallying the Senate and trying to reintroduce Republican practices. He now sees Octavian rallying the ex-servicemen and detaching 2 of Antony’s four legions as preventing the latter instituting a new tyranny.

In the next few months Cicero played a central role, co-ordinating efforts by republicans around the empire. He corresponded with Brutus in the Balkans, Cassius in Syria, Trebonius in Asia Minor, Cornificius in north Africa, Pollio in Spain, Plancus and Lepidus in Transalpine Gaul and Galba and Decimus Brutus in Hither Gaul.

He warns Brutus against mercy. ‘If you are going to be merciful, civil wars will never cease’ (p.185).

In April there were two battles at Modena. Mark Antony defeated Pansa but was worsted by Hirtius. Octavian defended the camp against Antony’s brother, Lucius. A few days later, Decimus Brutus sallied out from the city and defeated Antony though both consuls were killed. But Antony got away.

April: Cicero writes to Brutus telling him the news, and describing ‘the boy’ Caesar, remarkably mature and shrewd at 19. He hopes that as he matures, he will be guided by Cicero and the republicans. He then swanks that when news of the first victory at Modena was brought, the population of Rome came flocking round his house and carried him, cheering, to the Capitol and set him up on the rostrum.

Antony fled north over the Alps. Lepidus, Brutus’s brother-in-law, went over to him and was declared a public enemy.

June: Pollio, governor of Hispania, writes to explain that he has kept his legions loyal to the Republic, despite the efforts of Antony and his brother to bribe them away.

June: a very shrewd letter from Brutus to Atticus in which he criticises Cicero for recklessly encouraging Octavian. In short: he thinks Cicero, with good intentions, has ended up supporting a man who will turn out to be more of a tyrant than the one they overthrew. Brutus powerfully expresses the belief in the Republican system i.e. no man should be above the law, for which he was famous in his day and ever since.

July: Cicero’s last letter is a long one to Brutus explaining and justifying his policy, the core of which is support for Octavian, justifying the various honours and ovation he got the Senate to award him, on the basis that he is their bulwark against the corruption and tyranny of Antony, and that he, Cicero, can guide and control and moderate a young man of just 19 who likes to call him ‘father’. In all this, he would prove to be terribly wrong.

When the Senate refused to vote Octavian the proposed honours he marched his army back to Rome and demanded one of the consulships left vacant by the deaths at Modena, the other one for a kinsman, Pedius. He revoked the outlawry of Antony and Dolabella, and secured the condemnation of Caesar’s assassins, confirming Brutus in his fears. Having unoutlawed him, Octavian proceeded to meet Antony in November 43 on an island near Bologna and formed the second triumvirate with him and Lepidus. The three then drew up lists of political enemies to be proscribed i.e. murdered. Top of Antony’s list was Cicero. Octavian held out in defence of his ‘father’ for 2 days but gave in on the third. Cicero was tracked down to a country estate and murdered by bounty hunters on 7 December 43.

Wilkinson ends his text not with a summary or conclusion or analysis, but by excerpting the last few chapters of Plutarch’s life of Cicero, describing in the detail his final flight to the country, and his tracking down and decapitation by the assassins. His head and hands were cut off and taken to Rome where Antony had them nailed to the rostrum in the forum as revenge, being the head and hand which wrote the Philippic speeches which so incensed him. A visual image of the barbarity which Cicero fought against all his life but which always lay implicitly within the Roman culture he loved so much and which, in the end, did for him so brutally.

Thoughts

What an extraordinary record these letters are, what an amazing insight into the actual dynamics of power at the highest level, during one of the most intense and fascinating periods of world history. And what an amazing character Cicero emerges as, wise, foolish, passionate, ever-thoughtful, highly literate and educated, an effective administrator and military governor in Cilicia, a fluent and attractive writer and, in the end, tragically deluded by the ‘boy’ Octavian.


Themes

Cicero’s narcissism

As all the other sources I’ve read point out Cicero is hilariously self-obsessed. Quite quickly you get used to him describing how important he is, how he single handedly saved the state during the Catiline Conspiracy, how wherever he goes crowds flock out to see him and call his name. He comes across as a pompous, fuss, narcissistic booby.

As a result it’s hard to take him very seriously as either a politician or philosopher. It beggars belief that this man who frets about his sister-in-law’s behaviour, about the number of statues in his country home, who insists that wherever he goes he is mobbed by crowds calling his name, was seriously invited by Caesar, Pompey and Crassus to join the triumvirate.

Philosophy and writings

As to philosophy, these is none in the letters. He refers to Epicurean and Stoic philosophers by name but only to gossip about meeting them, dining with them and so on. There isn’t a word about The Good Life or The Ideal Citizen or any of the other issues Cicero wrote formal essays about. He mentions that he is working on the texts, such as the six volumes of The Republic, but describes or explains none of the actual ideas.

This is a striking gap or lack. Keats’s letters shed all kinds of light on his poetic theories and practice; Cicero’s letters shed no light at all on the ideas expressed in his essays and dialogues. Possibly this is because they were all secondary, in the sense that he was basically copying out ideas developed by Greeks. He had few if any original ideas of his own and therefore didn’t need to discuss them or work them through with correspondents. He administered his philosophical and political ideas, as a good governor administrates his province.

Atticus

It is sweet and lovely to read Cicero’s many letters to his friend Atticus in which he swears deep friendship and affection. I can see why the correspondence inspired all those humanists of the Renaissance who wrote so many essays about the value of friendship.

Quintus Tullius Cicero

The letters to his brother about a) the latter’s sister, who was married to his best friend Atticus, b) endless building works to the latter’s mansion and c) his service with Caesar in Gaul and on the expedition to the new island of Britain, are fascinating and very human.

Marcus Caelius Rufus

Caelius, born in 82 BC was an orator and politician. He is famous for his trial for public violence in March 56 BC when Cicero defended him in the speech Pro Caelio which is widely regarded as one of the greatest pieces of oratory from the ancient world. He is recipient and author of some of the best letters, with Cicero routinely begging him for the latest gossip during his exile in Greece and governorship in faraway Cilicia. There is a comic running thread with Caelius pestering Cicero to supply him with panthers, exotic animals which he wanted for the games he was organising as curule aedile in 50 BC. Cicero refuses, saying paying from public funds for a panther hunt would be against the reputation for good government he is trying to create.

Roman mosaic showing a wild animal hunt in North Africa (third century AD) Musée Archéologique d’Hippone (Algeria)

Tiro

Cicero’s beloved freedman, secretary, amanuensis. After Cicero’s death it was Tiro who edited and published Cicero’s letters to the immense benefit of western civilisation. It’s logical that Robert Harris makes Tiro the narrator of his 2006 novel about Cicero, Imperium.


Related links

Roman reviews

  • The letters of Cicero
  • On the nature of the gods by Cicero 1
  • On the nature of the gods by Cicero 2
  • On the nature of the gods by Cicero 3
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