We are born for justice and what is just is based, not on opinion, but on nature.
(De legibus, book I, section 28)
Cicero began writing the De legibus or On the laws during the same period as the De republica, i.e. the late 50s BC, but suspended work on it when he was compelled to go and be governor of Cilicia in 51 BC, and possibly never resumed it. It is certainly unfinished. We have just two books of 60-odd sections each and most of book 3 (49 sections) then the manuscript stops in mid-sentence. The 4th century AD philosopher Macrobius refers to the existence of a book 5. Maybe it was intended to have 6 books to parallel the De republica to which it is obviously a partner.
Like most of Cicero’s other works it is a dialogue though, unlike the De republica, it is set in the present and, instead of historical personages, features just the author himself, his brother (Quintus Tullius Cicero) and his best friend (Titus Pomponius Atticus, addressee of so many of Cicero’s letters).
De legibus has a simple premise: since he is Rome’s leading lawyer and advocate, Cicero’s brother and friend suggest he is perfectly placed to write a book about The Law, and so Cicero sets off with the aim of establishing the fundamental basis of law, before considering specific laws, whether they need to be amended and, if so, how. From the start Cicero describes and explicates what was essentially the Stoic theory of natural law as amounting to right reason in action.
Natural Law
In the introduction to the Oxford University Press edition, Jonathan Powell explains that Cicero’s theory of Natural Law was based on certain premises:
- that the universe is a system run by a rational providence
- that mankind stands between God and the animals so that in creating and obeying laws man is employing Right Reason
- that human potential can only be realised in communities – Cicero derives this from Aristotle’s view that humans are sociable animals
- that man is a homogeneous species – we have more in common than separates us – therefore we are susceptible to the same, one, universal natural law which stands above (or lies beneath) all ‘positive’ i.e. merely local and culture-specific laws
- that law is based on (human) nature not opinion – individual laws may come and go but the existence of a deep fundamental law of human nature can never change
Natural Law refuted
The objections to this are obvious and start with the counter statement that the universe is very much not a system run by a rational providence. Since Isaac Newton’s discoveries of the basic forces which govern the universe, there has been no need to posit a God to create and keep the universe running; and since Darwin published On The Origin of Species in 1859, there has been no need to posit a God who created the extraordinary diversity of life forms we see around us, including humanity. Many other reasons may be found for adducing the existence of a God or gods, but the regularity of the cosmos and the diversity of the natural world are not among them.
If God does not exist, didn’t create the universe and does not deploy a benevolent providence to watch over us, then humans cannot occupy a middle space between the animals and this God who doesn’t exist. We are more accurately seen as just another life form amid the trillions teeming all over the earth.
Cicero displays towards human beings the same kind of anthropocentric chauvinism and exceptionalism which was first recorded among his Greek predecessors and persisted through most thinking about humanity and human nature up till very recently. Only in the last couple of generations has it become clear that humans may have invented language and maths and built skyscrapers and flown to the moon but that, deep down, we are just apes, mammals, animals, and behave much like all the other mammals, in terms of our fundamental behaviours – feeding, mating and fighting.
If you have a God, then you can establish a hierarchy with him at the top, then the angels, then humans sitting comfortably above all other species on earth. If you have no God, the hierarchy crumbles and we are just one among a million different life forms jumbled together on this small planet, engaged in the never-ending battle for survival. Nowadays we know that humanity is killing off the other species, destroying countless habitats, and burning up the planet as no other species possibly could. Some people characterise our arrogant lording it over life forms as speciesism, a view I share.
If there is one quality that distinguishes human beings from all other species it is our unique capacity for destruction.
The notion that humans are governed by Right Reason has always seemed to me self evidently false. Our values are inculcated by the society we grow up in. If some values are almost universal across most of these societies this is because they make evolutionary sense, they help the group survive, rather than being a Universal Law handed down by a Benevolent God.
Therefore premises 1, 2, 4 and 5 listed above are false. We are left with 3, the notion that humans naturally live in groups or communities, which seems to be objectively true, but gives us no guide on how we should conduct ourselves, or establish laws or rules for running these communities.
Lastly, the introductions to all these texts by Cicero tend to talk about Universal values, Universal laws, and Universal human nature very freely but I can’t help feeling they only apply to the Western world. The terms of reference seem very Eurocentric or Anglocentric or whatever the word is for Western-centric. Meaning that my reading about African tribes, cultures, laws and traditions, or what I know about Chinese history, and my personal experience of travelling in the Muslim world, suggest that there are many non-Western cultures which don’t share these ways of looking at the world at all. I’m guessing the same could be said about Indian culture, or the traditions of the native Americans of North or South America, the Australian aborigenes and any number of other cultures.
Liberals may be proud of the Universal Declaration of Human Rights (UDHR), adopted by the recently founded United Nations, founded by the soon-to-be-victorious Allies during the Second World War, based in New York, a document drafted by a committee chaired by the American president’s wife (Eleanor Roosevelt) – but the idea of universal set of values is not a fact about human beings but a high-minded aspiration.
I recently visited the British Museum exhibition on Stonehenge. This has a section describing life in Britain before the advent of the (first) agricultural revolution, which began in the Middle East 12,000 years ago. The human population of Britain was minuscule (maybe 5,000) arranged into tiny communities of hunter gatherers who lived deep amid nature as they found her, without the knowledge, means or incentive to change anything, to fell trees, clear land, burn forests and so on. Instead they considered themselves an integral part of nature, not set aside from it. They killed rarely and atoned for their killings with offerings. And the exhibition says this was the way of life for most hunter-gatherer societies for most of human history i.e. going back hundreds of thousands of years, back through all the various species of the genus Homo.
So I’m saying that Cicero’s premises are not only wrong in the theoretical/theological way that they posit the existence of One Universal God to explain the world around us, an explanation which has been utterly superseded by the scientific worldview – but wrong in all his factual claims about human nature, above all that it is universally the same, whereas we now know that there have been, and currently are, many, many, many more human cultures than Cicero could ever imagine.
The Romans thought the world amounted to one continent completely surrounded by a vast Ocean, punctuated by the middle-earth or Mediterranean Sea. They hugely underestimated the size of Africa, and thought the world ended with India and a little beyond the Ural mountains, so forming one circular continent. The historical examples Cicero bases his notion of a universal human nature on amount to a tiny sub-set of the actually existing cultures of his own time, and a minuscule sub-set of all the human cultures and societies which have existed over the face of the earth for the past several hundred thousand years.
So: this book is clever and interesting in all kinds of ways but it is based on multiple types of ignorance – deep, deep ignorance – which lead to false premises and wrong deductions on every page.
Cicero’s motivation
As we saw in De republica Cicero was a very practical-minded Roman. He wasn’t interested in airy-fairy philosophical speculations for their own sake. He was a staunch Roman patriot who wanted to preserve the Roman state. The practicalness of his motivation is stated explicitly mid-way through book one:
You see the direction which this discussion is taking. My whole thesis aims to bring stability to states, steadiness to cities, and well-being to communities. (I, 37)
He is not seeking ‘the truth’, so much as cherry-picking arguments from the range of Greek philosophy in order to shore up his practical and patriotic aim.
Book one
Cicero asserts that:
- human beings are blessed with the ultimate gift of the gods, Reason
- humans have a single way of living with one another which is universal
- all people in a community are held together by natural goodwill and kindness (I, 35)
As you can see, all these axioms are wrong and he goes on to deliver a slew of equally high-minded, fine-sounding sentiments which are equally false:
Law is the highest reason, inherent in nature, which enjoins what ought to be done and forbids the opposite. (I, 18)
Law is a force of nature, the intelligence and reason of a wise man, and the criterion of truth and injustice. (I, 19)
The creature of foresight, wisdom, variety, keenness, memory, endowed with reason and judgement, which we call man, was created by the supreme god to enjoy a remarkable status. Of all the types and species of living creatures he is the only one that participates in reason and reflection whereas none of the others do…Since there is nothing better than reason, and reason is present in both man and God, there is a primordial partnership between man and God. (I, 22-23)
No, humans were not created by God but evolved through natural processes. We now know that numerous other species certainly have memory, and many appear capable of thought and calculation. Who says there is nothing better than reason? A philosopher whose central subject is reason, which is like a carpenter saying there’s nothing better in the world than working with wood. Why is there nothing better in the world than reason. How about, say, love?
Since there is no God, the statement ‘since reason is present in both man and God, there is a primordial partnership between man and God’ is meaningless. Or more accurately, it has a meaning, but a meaning made out of words, in the same way that a poem about blue guitars floating up to the moon makes sense, but refers to nothing in the real world. On it goes:
Those who share reason also share right reason; and since that is law, we men must also be thought of as partners with the gods in law. (I, 23)
Those who obey the same laws effectively live in the same state and:
and they do in fact obey this celestial system, the divine mind, and the all-powerful god. Hence this whole universe must be thought of as a single community shared by gods and men. (I, 23)
In the course of the continuous circuits and revolutions of the heavens the right moment arrived for sowing the human race; that after being scattered and sown in the earth it was further endowed with the divine gift of mind; that whereas men derived the other elements in their makeup from their mortal nature…their mind was implanted in them by God. Hence we have…a lineage, origin or stock in common with gods…As a result man recognises God in as much as he recognises his place of origin…the same moral excellence in man and in God. (I, 24-25)
Cicero’s belief in God or gods isn’t tangential to his thought: his theism is absolutely central and vital to his entire view of human nature, reason, ethics, law and justice. And so, since there is no God, Cicero’s views on human nature, reason, ethics, law and justice are wrong from top to bottom. They may occasionally coincide with modern views based on humanistic atheism but these are accidental overlaps.
What makes this relatively short book (72 pages) so hard to read is that I disagreed with all his premises and almost all his conclusions. As a discussion of the theoretical basis of law and justice I found it useless. It has a sort of historical usefulness in shedding a very clear light on how a leading Roman lawyer conceived his profession and clearly explaining the kind of arguments about jurisprudence which were common in his day. And it includes references to Greek and Roman history which are anecdotally interesting. But every time he makes a general statement I find myself totally disagreeing and this eventually becomes very wearing:
Nature has lavished such a wealth of things on men for their use and convenience that every growing thing seems to have been given to us on purpose; it does not come into existence by chance. (I, 26)
Wrong: the life forms we see around us evolved by the process explained by Darwin, of which Cicero knows nothing; none of them were created ‘for our convenience’, instead food crops and livestock only began to be bred and fine-tuned for our use during the agricultural revolution which began some 10,000 years before Cicero’s time, of which he knew and understood nothing.
And the world does not exist ‘for our convenience’: it is precisely this self-centred sense of human privilege and entitlement which is very obviously destroying the earth in our own time.
God has created and equipped man in this way, intending him to take precedence over everything else. (I, 27)
Anthropocentrism. Narcissism*. Human chauvinism. Arrogance.
Nature made man alone erect, encouraging him to gaze at the heavens as being akin to him and his original home. (I, 27)
Sweet, poetic and false.
Cicero goes on to make the humanistic claim that people have more in common than separates them, we are all one human family. He is not stating this because he’d like to teach the world to sing in perfect harmony but because he wants to continue his thought that there is One God who has created one human race with One Reason and so it follows that there must be One Law to rule them all. Hence his insistence that there is One Human Nature. He claims that Reason:
- may vary in what it teaches but is constant in its ability to learn
- that what we perceive through the senses, we all perceive alike
- that perceptions which impinge on our minds do so on all minds in the same way
- that human speech may use different words but expresses the same ideas
- troubles and joys, desires and fears haunt the minds of all alike
He is trying to corral human nature into his One God, One Reason, One Human Nature therefore One Law argument, but each of those four statements is questionable or wrong, starting with the notion that everyone is alike in the ability to learn and ending with the notion that we all experience the same emotions. Demonstrably false.
This is the evidence, in reality just wishes and assertions, which leads him to conclude that there is One Justice and that it derives from Nature (I, 33). Again and again he repeats the same formulas:
There is one, single, justice. It binds together human society and has been established by one, single law. That law is right reason in commanding and forbidding. (I, 42)
We are inclined by nature to have a regard for others and that is the basis of justice. (I, 43)
But repeating false claims doesn’t make them true.
Nature has created perceptions that we have in common, and has sketched them in such a way that we classify honourable things as virtues and dishonourable things as vices. (I, 44)
And yet Cicero saw Scipio Africanus, the general who oversaw the complete destruction of Carthage and the selling of its entire population of 50,000 into slavery as an epitome of virtue and honour and glory. Is that a perception we all have in common? Probably not the population of Carthage.
Moral excellence is reason fully developed and that is certainly grounded in nature. (I, 45)
Goodness itself is good not because of people’s opinions but because of nature. (I, 46)
Here and in many other similar formulations you can see that what he is arguing against is the notion that goodness and morality and law are contingent upon human societies. If this is true then, for a patriotic, socially-minded conservative like Cicero, what follows is anarchy. (It is the same fear of anarchy which underpins his conservative preference to keep on worshipping the gods according to the traditional ceremonies, as expressed in De rerum deorum.)
For more pragmatic, sceptical and utilitarian-minded people like myself, what follows is not anarchy, but is certainly a complex and never-ending process of trying to create culture, morality and laws which allow for diversity and strike a balance between conflicting opinions, classes and needs. The unending messiness of democracy, in other words.
Book one is essentially in two parts: up to section 40-something he is laying down these basic principles, and then gets his brother and best friend to enthusiastically vouch that he has certainly proved them, that men were endowed with reason by the gods, men live with one another in the same way everywhere, and that all human communities are held together by the same universal justice (I, 35).
All good men love what is fair in itself and what is right in itself. (I, 48)
In the second half he introduces, or wanders off to consider, notions of the good and morality. Sometimes, reading Cicero, it feels like you can see the joins, the places where he moved from copying one Greek text to suddenly copying from another. The order is his but much of the source content is cribbed from Greek originals (as he freely admits in his letters and in the texts themselves) with the result that his works rarely feel like they have a steady clear direction of travel, but more like a collection of related topics thrown loosely together. And this partly explains why his so-called conclusions rarely feel really justified by what has preceded them.
The conclusion is obvious from what has been said, namely that one should strive after justice and every moral virtue for their own sake. (I, 48)
Therefore what is right should be sought and cultivated for itself. (I, 48)
The t-shirt slogans keep on coming:
Justice looks for no prize; it is sought for itself and is at once the cause and meaning of all virtues. (I, 48)
This reminds me of St Paul’s letter to the Corinthians:
Love is patient and kind; love does not envy or boast; it is not arrogant or rude… (1 Corinthians 13:4)
And the comparison confirms my sense that Cicero’s writings are less philosophy than wisdom literature, defined as: “statements by sages and the wise that offer teachings about divinity and virtue.”
A fundamental mistake he makes is common to dogmatists of his type, namely the false dilemma or false dichotomy, “an informal fallacy based on a premise that erroneously limits what options are available.” For, Cicero argues, if his account of One God endowing One Human Race with One Right Reason so that Justice and Virtue arise out of Nature is wrong – then the only alternative is chaos. For if people only act in their own self-interest, not according to Universal Justice, then:
where is a generous person to be found…what becomes of gratitude…where is that holy thing, friendship…what are we to say of restraint, temperance, and self-control? What od modesty, decency and chastity?… then there is no such thing as justice at all. (I, 49-50)
But this is a false dichotomy. There aren’t just two stark alternatives. There are, in reality, a huge variety of societies, laws, customs and traditions. Yes it may look like anarchy to a conservative like Cicero. But it is how human beings actually live. The false dichotomy is a way for an author to terrorise you into accepting his tendentious view.
Cicero is not seeking ‘the truth’; he is, like the excellent lawyer he was, making a case and using every rhetorical and logical sleight of hand to do so.
Quintus asks where all this is going (I, 52) and Marcus replies that he is steering the discussion towards a definition of the Highest Good. Oh God, how boring. As with all these conservative/authoritarian thinkers, there can only be one of everything, One God, One Human Nature, One Reason, One Justice, One State and One Good.
As usual he a) approaches the problem through a blizzard of references to Greek philosophers including Phaedrus, the Academy, Zeno, the Old Academy, Antiochus, Chios, Aristotle, Plato and b) fails to reach any meaningful conclusion. Whereas the Old Academy called what is honourable the highest good, Zeno said it was the only good, holding the same beliefs as Aristotle but using different terms. (I, 55).
Quintus suggests that:
There is no doubt about it: the highest good is either to live according to nature (i.e. to enjoy a life of moderation governed by moral excellence) or to follow nature and to live, so to speak, by the law (i.e. as far as possible to omit nothing in order to achieve what nature requires, which means the same as this: to live, as it were, by a code of moral excellence). (I, 56)
Great. Does that help anyone? No. Words, words, words. But when Quintus asks him to show what all this means in practice, Cicero at first pleads that it is beyond his powers. What isn’t beyond his powers is more highfalutin’ truisms:
Wisdom is the mother of all good things; the love of her gives us the word ‘philosophy’ from the Greek. Of all the gifts which the immortal gods have bestowed on human life none is richer or more abundant or more desirable. (I, 58)
Cicero deflects to invoke the famous maxim carved above the oracle at Delphi, Know thyself:
The person who knows himself will first of all realise that he possesses something divine, and he will compare his own inner nature to a kind of holy image placed within a temple. (I, 59)
Will he? The book concludes with a half page hymn of praise to the Truly Great Man Who Knows Himself, understands his mind is a gift from God, understands Wisdom and Virtue and Justice, and so is ideally placed to rule over his fellow men. In other words, the ideal Roman ruler of Cicero’s own time.
Book two
As a break, the characters describe the fictional walk they are taking through the countryside of around the Cicero family estate outside Cicero’s home town of Arpinum, 100 kilometres south east of Rome. Pleasant chat about the view (‘What could be more delightful?’) is artfully placed in order to lead on to consideration of love of birthplace and country. Never forget that Cicero was a fierce Roman patriot. A person’s birthplace:
is the country for which we should be willing to die, to which we should devote ourselves heart and soul, and on whose altar we should dedicate and consecrate all that is our. (II, 5)
All that is ours. Cicero is usually referred to as a lovely humanist but this is as fierce and total a patriotism as Mussolini’s. And then we return to consideration of the law and Cicero recapitulates his axioms for the umpteenth time:
Law was not thought up by the intelligence of human beings, nor is it some kind of resolution passed by communities, but rather an eternal force which rules the world by the wisdom of its commands and prohibitions…the original and final law is the intelligence of God, who ordains or forbids everything through reason. Hence that law which the gods have given to the human race is rightly praised, for it represents the intelligence of a wise man directed to issuing commands and prohibitions. (II, 8)
I think I disagree with pretty much every word of this. On it goes: the power of encouraging people to right actions:
is not only older than the existence of communities and states; it is coeval with that god who watches over and rules heaven and earth. (II, 10)
Repetition
If in doubt, repeat it again and again, bludgeoning your readers into submission:
Reason existed, reason derived from the nature of the universe, impelling people to right actions and restraining them from wrong. That reason did not first become law even it was written down, but rather when it came into being. And it came into being at the same time as the divine mind. Therefore the authentic original law, whose function is to command and forbid, is the right reason of Jupiter, Lord of all. (II, 10)
Mind you, in a note to page 162 Jonathan Powell points out that repeating ideas in different formulations in order to drive it home was a skill that was taught and practiced in the schools of rhetoric which Cicero attended.
The use value of religion
I mentioned above how the conservative Cicero thought religion should be kept up in order to maintain social structure, for its use value. In book two he makes this explicit:
Who would deny that these [religious] ideas are useful, bearing in mind how many contracts are strengthened by the swearing of oaths, how valuable religious scruples are for guaranteeing treaties, how many people are restrained from crime for fear of divine retribution…(II, 16)
One of the reasons Cicero despises and mocks Epicureans is because they sought to free people’s minds from fear of the gods. For Cicero (as for the ancient Jews) piety and morality begin with fear of the gods. This is very Roman, very practical-minded of Cicero. And explains why the population has to be brainwashed into believing in the gods:
Citizens should first of all be convinced of this, that the gods are lords and masters of everything; that what is done is done by their decision and authority; that they are, moreover, great benefactors of mankind and observe what kind of person everyone is…Minds imbued with these facts will surely not deviate from true and wholesome ideas. (II, 15)
I don’t need to point out how coercive and authoritarian this idea is. The gods are Big Brother, watching you, reading your thoughts, checking up that you obey Right Reason, as defined by Cicero and his class.
That said, Cicero’s attitude really only reflected the attitudes of most educated men of his time. They didn’t believe in their religion in the same way a Christian or Muslim believes in their God. Roman religion was, as Jonathan Powell puts it, by this period a matter almost entirely of public ritual, tradition and custom. Religious belief, in the post-Christian sense of the word, wasn’t required or checked. Obedience to custom and ritual, reverence for tradition, was all.
Cicero’s ideal laws concerning religion
All of which explains why, when he comes to actually enumerate the laws in his ideal state, Cicero does so with Laws Governing Religion. Anti-climactically, these turn out to be pretty much the same laws as govern Rome. Just as De republica concluded that the Roman constitution was the best imaginable constitution (a conclusion he repeatedly refers to here e.g. II, 23), so De legibus, when push comes to shove, concludes that the best possible laws the human mind could devise are…exactly the same as the laws of ancient Rome (II, 23).
The rest of the book is divided into two parts: a relatively considered statement of Cicero’s ideal laws concerning religion (sections 18 to 22) followed by a detailed commentary on each of them (sections 23 to 60). There follow pages and pages of detailed prescriptions about religious rites and rituals, an extraordinary level of detailed specification. There’s a short digression about the proper regulation of music to stop it becoming immoral and corrupting which made me think of Mary Whitehouse and demonstrates Cicero’s cultural conservatism, before we plunge back into thickets of religious law.
The contrast between the high minded rhetoric about the One God and Universal Human Nature and Divine Law in book one and the slavish iteration of Roman rules and regulations as the actual embodiment of this supposedly Universal Law is unintentionally comic. Bathos = “an effect of anti-climax created by an unintentional lapse in mood from the sublime to the trivial or ridiculous.”
The place of burial is not called a grave until the rites have been conducted and the pig has been slain. (II, 57)
Do not smooth the pure with a trowel. (II, 59)
Women shall not scratch their cheeks on the occasion of a funeral. (II, 64)
It is forbidden to decorate a tomb with stucco work. (II, 65)
Do these sound like the Universal Laws indicative of the Divine Mind which Cicero has been banging on about…or the customs and conventions accumulated by one particular little city state?
Once this lengthy and hyper-detailed account of Rome’s religious laws is finished, Cicero announces that the next most important element in the structure of the state is magistrates and that he will devote the next book to considering the ideal magistrate.
Book three
Cicero bases his thoughts about magistrates, like his thoughts about everything else, on God:
Nothing is so closely bound up with the decrees and terms of nature…as authority. Without that, no house or clan or state can survive – no nor the human race, nor the whole of nature, nor the very universe itself. For the universe obeys God; land and sea abide by the laws of the universe; and human life is subject to the commands of the supreme law. (III, 3)
As with book two, he gives a clipped concise statement of his ideal laws governing magistracies or public offices (sections 6 to 11, 3 pages) then a detailed commentary on them (sections 12 to 47, 14 pages).
And yet again he repeats that, since his ‘six previous books’ (i.e the De republica) ‘proved’ that the Roman constitution was the best one conceivable by the human mind, so, logically enough, the kind of Ideal Magistrate he intends to describe will also turn out to be…Roman ones!
And so indeed, it turns out, after consulting the Divine Mind, that the optimum state will feature quaestors, aediles, praetors, consuls and censors, a senate to propose laws and popular assemblies to vote on them – exactly like the Roman state! He has the good grace to have his characters admit that this is a little embarrassing:
QUINTUS: How succinctly, Marcus, you have drawn up a scheme of all the magistrates for our inspection! But they are almost identical with those of our own country, even if you have introduced a little novelty.
MARCUS: Yes, we are talking about the harmoniously mixed constitution which Scipio praised in those books and prefers to all others…and since our constitution was given the most sensible and well-adjusted form by our ancestors, I found little or nothing to change in the laws. (III, 12)
The latter part of book three goes into considerable details about all aspects of the Roman constitution, the peculiarities of the different magistracies, the age limits, the pros and cons of the tribunate, the different types of voting (by acclamation, writing down, secret ballot) and so on. This is quite interesting because it is, arguably, the most practical part of the book, describing Rome’s actual constitutional practices and debating points Cicero (or his more conservative brother, Quintus) would like to change, a bit, not too much.
Worth emphasising that the aim of all the tinkering round the edges which Cicero proposes is to ensure that power remains firmly in the hands of the aristocracy and out of the hands of the people at large.
Liberty will exist in the sense that the people are given the opportunity to do the aristocracy an honourable favour.
Thanks to my [proposed] law, the appearance of liberty is given to the people [and] the authority of the aristocracy is retained. (III, 39)
The end was nigh
This final section has a wistfully hypothetical air about it because, within a few short years the entire world it describes would be swept away.
Let us imagine that Cicero was half way through writing the book when, in 51 BC, he was called on to take up the governorship of Cilicia (the southern coast of modern Turkey) and served throughout the year 50.
This meant that he was out of Rome as the political confrontation between Caesar and the Senate came to a head. there was a flurry of proposals and counter proposals in December 50, all of which failed and prompted Caesar, in January 49, to cross with his army from Cisalpine Gaul where he held an official post, into mainland Italy, where he didn’t, thus breaking the law, making himself an outlaw, and sparking the five year civil war between himself and Pompey and his followers.
When peace was restored in 45 BC, Caesar had himself declared dictator for life thus turning the entire Roman constitution into a hollow shell and rendering On the laws, with their pages of pedantic footling about precise constitutional arrangements, redundant overnight. It became overnight a record of a specific historical moment, which was eclipsed before the book could even be completed.
Thoughts
Cicero is frequently held up as the godfather of humanism. Finding, translating and commenting on his books was a central element in the Renaissance, which saw the creation of modern ideas of humanism. (“Petrarch’s rediscovery of Cicero’s letters is often credited for initiating the 14th-century Renaissance.” Lumen).
However, as my close readings of De rerum deorum, De republica and De legibus amply demonstrate, Cicero’s ‘humanism’ is crucially, vitally, centrally based on his theism, his belief in One God who created human beings and implanted in them fragments of the Divine Reason which underpin all our values, morality, law, justice and statecraft.
Thus, in a nutshell: humanism derives from religious belief. Without its religious underpinning, humanism is nothing. It becomes a wish, a hope, a dream, with no factual or logical basis. I don’t say this to undermine humanistic values. I am probably a humanistic progressive liberal myself. Where I appear to differ from most of my tribe is I don’t believe these truths to be self evident. There are other ways of being human, other cultures, other values completely different from ours, probably the majority of human lives have very much not been lived according to these values. Several points follow:
1. We do not have the right to compel these other cultures into adherence to our values. That is no different from Victorian missionaries trying to convert tribes in Africa or Asia or Australia to their narrow Christian culture.
2. If we want to defend our values effectively against those who threaten them, for example Vladimir Putin or Xi Jinping, we must base them on really secure foundations, not wishes or aspirations. Far stronger foundations than Cicero, who wrote all these fancy words only to have his head cut off by Mark Antony’s bounty hunters. The sword is mightier than the pen.
* Cicero’s self promotion
It’s further evidence of Cicero’s self-centred narcissism that in several places in book 3 he manages to shoehorn into the text the famous events of 63 BC, when he was consul and saved the state from the Cataline conspiracy. He gives a melodramatic account of the tremendous dangers he faced and how he single-handedly overcame them (III, 26) and then has Atticus fulsomely thank him for his efforts.
To be sure, the whole order is behind you and cherishes most happy memories of your consulship. (III, 29)
Cicero also takes the opportunity to remind everyone that he should never have been exiled (in 57 BC) and that’s why it needed no legislation to rescind his exile (III, 47). In other words, no matter what Cicero is writing about, the text has a strong tendency to end up being about himself.
There is something irredeemably comic about Cicero, like Oliver Hardy pretending to be Napoleon. It’s this hyper-intelligent, super articulate yet comical earnestness which has endeared him to 2,000 years of readers.
Niall Rudd’s translation
A word of praise for this Oxford University Press edition. I described, probably at too much length, how strongly I disliked the prose styles and odd attitudes of A.J. Woodman, who translated Sallust, and Carolyn Hammond, who translated Caesar’s Gallic War, both for OUP. This edition restored my faith in OUP editions of the classics.
The introduction, mostly written by Jonathan Powell, is a model of lucidity, useful and to the point, as are the scholarly and interesting notes. There is a useful list of names and an appendix giving a handy summary of the sometimes confusing Roman constitution.
The translation itself is by Professor Niall Rudd (1927 to 2015) and was first published in 1998. It is clear and unaffected – you feel you are engaging directly with the text. I cannot judge its fidelity to the source Latin, but it makes for a lucid, engaging read, as I hope you can tell from the many quotations I take from it. All round, it is a gold standard edition.
Credit
The Republic and The Laws by Cicero translated by Niall Rudd with introduction and notes by Jonathan Powell and Niall Rudd was published by Oxford University Press in 1998. All references are to the 2008 paperback edition.
The Gallic War by Julius Caesar – 3
It is nearly always invisible dangers which are most terrifying. (VII.84)
This second half of the Gallic Wars is much more exciting than the first. In the previous four books the Romans steamrollered over everyone they encountered in a rather monotonous way. Here they experience the catastrophic loss of an entire legion and then the fierce siege of Quintus Cicero’s camp, i.e. for the first time you feel the contingency and risk involved in the entire project. And both events are carefully crafted to feature dramatic episodes of a kind not found in the first four.
Book 5: The second rebellion
The book title was supplied by the editors of the Penguin edition and refers to the revolt of the Belgic tribes.
1 to 8: Illyricum and Gaulish rebels
At the end of each campaigning season in Gaul, Caesar spends the winter in Cisalpine Gaul attending to administration. He also visits the third province he’s in charge of, Illyricum. Here he stamped on the Pirustrae tribe who had allegedly been raiding over the border into Roman territory. Representatives of the tribe met him to tell him it wasn’t them, and delivered hostages as he demanded.
By this point we’re getting used to certain things.
This handful of options are repeated endlessly. In the spring Caesar returns to Gaul where he has to sort out the Treveri, a tribe living close to the Rhine whose leaders have failed to come to the annual conference of Gallic tribes. Turns out two rivals are vying for leadership, Caesar supports Cingetorix.
He rides on to Portus Itius, from where the invasion is to be launched. Tellingly, he takes leaders of most of the Gaulish tribes with him. The most dangerous of these is Dumnorix, ambitious leader of the Aedui. When Caesar insists he accompany him to Britain, Dumnorix begins spreading rumours to the other chiefs that they’ll all be killed in Britain. The sailing is delayed 4 weeks by a contrary wind, towards the end of which Dumnorix left the damp with some Aeduin cavalry. Caesar immediately delayed the sailing and sent troops to recapture Dumnorix, buy force if necessary. Dumnorix did indeed put up a fight, drew his sword and told his followers to protect him. So the Roman cavalry killed him. End of disruptive influence.
9 to 25: Second expedition to Britain
Caesar had ordered his troops over the winter to build a massive fleet eventually consisting of 600 troopships and 28 warships. He sets sail with five legions (about 25,000 soldiers) and 2,000 cavalry. Including private ships they hired, the Romans appeared over the horizon with 800 ships, an enormous force. No wonder the defending Britons decided to retire to higher ground.
They disembarked without event, set up a camp, then Caesar marched the majority 12 miles or so inland till they came to a Briton camp. The Seventh Legion stormed it and forced the Britons to flee but Caesar brought them back to work on the camp.
They set out again to confront the Britons but were informed of a large storms and when he returned Caesar saw it had damaged lots of boats. he drew them further up on the beach, ordered repairs made, sent orders to Titus Labienus back in Gaul to start building more.
He gives an overview of the British which is a bit random. He includes the plausible notion that the coastal areas have been settled by incomers from the continent with trivia such as, the natives think it wrong to eat of hare, fowl, and goose although it’s alright to keep for pastime or pleasure. He also makes the wildly inaccurate claim that the climate is more temperate than in Gaul, the cold seasons more moderate. I don’t think so.
He gives a wildly inaccurate description of the geography of Britain, making it out to be a huge triangular island off the west coast of France extending down to opposite Spain. It’s a great mystery how the Romans managed to conquer anywhere without decent maps.
He mentions that the British paint themselves with woad so have blue bodies. But then goes on to say they share wives between groups of ten or 12 men. This is the kind of wildly improbable legend that disfigures to much of the ostensibly ‘factual’ writing of the ancient world.
Back to the present, he describes a lightning British attack on the camp which takes them by surprise and causes casualties. The British fight well, making use of chariots and loose formations which replace each other ad lib.
Next day he sends legions foraging but once again the Britons attack in numbers. It’s hard fought but this time the legions turn them and chase. The Britons scatter and never again attack in such a unified way.
The Britons had united under the leadership of one chieftain, Cassivellaunus. He withdraws his forces north of the Thames which the Romans traverse and continue fighting, with Cassivellaunus hiding his chariots in the woods, till opportunities present for raids.
Envoys arrive from the Trinovantes. Their young leader Mandubracius had already crossed the Channel to seek Caesar’s protection after his father was killed by Cassivellaunus. Caesar demands from Mandubracius hostages and corn, but when these are brought, lets him go.
When other tribes see how fairly Mandubracius was treated, they send envoys seeking Caesar’s protection, being the Cenimagni, the Segontiaci, the Ancalites, the Bibroci and the Cassi. He learns that Cassivellaunus has retreated to famous stronghold built in a good defensive position. Caesar lays siege to it and storms it from its weakest side. Meanwhile Cassivellaunus had sent orders to four allied tribes to attack the Roman camp in Kent, but the Romans repel the attack, kill many attackers and capture a tribal leader.
Summer is nearly over and Caesar decides to return to Gaul. So while he was in the ascendent and the Britons demoralised, he demanded hostages and set an annual tribute for Cassivellaunus to pay Rome. And not to attack the British tribes which had allied with Rome. Then he marches the legions to the coast and into the ships and so back to Gaul.
Given the size of the invasion fleet (800 ships!) which indicated that it was a serious attempt to permanently conquer at least the southern part of Briton, you can’t help concluding the invasion – both the invasions – were a failure.
26 to 37: Revolt of Belgic tribes and massacre of the 7th Legion
Caesar distributes his legions and generals with various tribes. The Eburonians rebel and attack a Roman camp. Ambiorix tells the Romans that a Gaul-wide agreement has been made to launch a concerted attack on all the Roman forces and moreover a group of German mercenaries has crossed the Rhine. So he warns them to leave their camp and promises them safe passage through his territory.
The Romans are surprised but it makes sense that the Eburonians wouldn’t rebel on their own. So, what to do? Caesar gives a dramatic set piece debate among the two commanders, Lucius Aurunculeius Cotta who says stay put, and Quintus Titurius Sabinus who trusts Ambiorix and recommends that they leave (28 to 29).
Sabinus wins the argument and the legionaries are told to pack their most important belongings and set off. Catastrophe ensues. The Gauls wait till the legion has entered a deep narrow defile then bottles them up at either end and starts to massacre them. At one point Ambiorix asks the two Roman generals to a meeting. Cotta refuses to go but Sabinus leaves the fight to climb a hill and approach Ambiorix. He and his centurions are ordered to lay down their weapons, which they do. But as they approach Ambiorix they are surrounded and then killed. The Gauls raise a shout and fall on the remaining Romans with renewed fury. Cotta and most of the force are killed. The remnant make it back to the camp where, that night, seeing they are surrounded, they all commit suicide. A handful of survivors make it to Titus Atius Labienus’s camp to tell the story.
It is thought that some 6,000 legionaries died in this colossal blunder. The massacre happened at Atuatuca in modern Belgium.
38 to 58: Siege of Quintus Cicero
Emboldened, Ambiorix rallies allied Gaulish tribes, and led a ‘huge mass’ of the Eburones, the Nervii, the Aduatuci and their allies and dependents against the camp of Quintus Tullius Cicero. This was somewhere on the river Sambre and about 80 miles from the camp Caesar had made at Amiens. The Gauls made a surprise attack as the legionaries (as so often) were out gathering firewood etc, but they fought a fighting retreat back to the camp. This the Gauls surrounded and invested. They had with them defectors and Roman prisoners who showed them how to build the kind of siege towers and earthworks the Romans used, so these were built and turned against their inventors.
The Gauls called a parley and offered Cicero the same deal they’d offered Sabinus i.e. to lay down their arms and walk away in peace. But Cicero is not as foolish as Sabinus and makes a defiant reply, telling the Gauls that if they lay down their arms he will send to Caesar who will judge them for their rebellion. And so the siege continues. On the seventh day a fierce gale blows up and the Gauls shoot flaming arrows into the camp which burn down a lot of the huts.
Cicero sends a series of messengers to try and get through to Caesar, but all of them are caught and some of them tortured in view of the camp. Eventually a native Gaul makes it through the blockade and to Caesar’s camp, to whom the news of Cicero’s siege comes as a shock. He immediately sends a message to Marcus Licinius Crassus at his camp 24 miles away telling him to march to meet him. Same to Gaius Fabius and Labienus. Labienus writes back that the entire force of the Treveri were upon him and so, on balance, it was too risky for him to leave his camp. Caesar approves this decision and sets off with just two legions to raise the siege on Cicero’s camp.
By a series of forced marches Caesar quickly reaches Cicero’s camp and sends word through a native messenger that he is near. The Gauls lift the siege and turn their forces to face Caesar, some 60,000 warriors (49). Caesar has 7,000 men (49). With the enemy only 3 or so miles away Caesar orders the building of a camp, only smaller than usual, and instructs the soldiers to run around and given an air of panic and fear. This lures the Gauls out into the open and then up to this camp which they start besieging. But they had barely begun engaging when Caesar ordered his infantry to flood out by side gates and the cavalry to sally out and attack the flanks. Taken by surprise the Gauls fled and the Romans were able to cut them down.
Then he marches to relieve Cicero. He is astonished to see the size and number of siege engines the Gauls had built and then to discover that almost all the defenders had been wounded and fought bravely. He publicly congratulates Cicero and all his men, carefully speaking to individual centurions and tribunes to thank them. He addresses the disaster of the massacred legion and assures them it was down to Sabinus’s error, unlike the resolute leadership of their own Cicero.
Caesar’s victory goes some way to rallying the Romans and, more importantly, their Gaulish allies. But nonetheless the tribes are in a ferment, all sending each other messages discussing alliances and attacks. Caesar realises he must winter in Gaul to keep an eye on the situation. Caesar calls meetings with the heads of various tribes, partly by threats, partly by promises, keeps them peaceful. The Aedui and the Remi remain the staunchest allies.
But the Senones try to murder their king, Cavarinus, who had been friendly to the Romans. Indutiomarus leader of the Treveri is particularly rebellious. He sends messages to the German tribes across the Rhine enticing them to war with the Romans, but none sign up, replying that they’ve learned their lesson.
In Gaul Indutiomarus is more successful in recruiting a large force from miscellaneous tribes, attracting to his standard exiles and criminals, training them, procuring horses and so on. Once he feels strong enough he calls an armed convention of the Gaulish tribes at which he a) outlaws Cingetorix, his son-in‑law and rival for leadership of the Treveri; and b) declares his intention to rally the Senones, the Carnutes and several other tribes, to march through the lands of the Remi and laying them waste, before going on to attack the camp of Labienus.
Indutiomarus with his massed forces approaches and invests Labienus’ camp. The latter feigns timidity and reluctance, all the while awaiting his opportunity. He recruits cavalry from nearby friendly tribes and keeps them all hidden in the camp, while Indutiomarus and his men ride up to the walls, yell and jeer and throw spears and abuse the Romans. At the end of a day like this, the Gauls are turning to ride away, with a false sense of security, when suddenly from two gates Labienus launched forth all his cavalry. Anticipating the enemy would scatter in confusion, Labienus carefully instructed his men to resist attacking anyone else but all of them to find and kill Indutiomarus. He put a big price on his head and sure enough some of his soldiers intercepted Indutiomarus at the ford of a river, killed him, cut off his head and brought it back to Labienus.
When they learned this, all his allies among the Eburones and Nervii flee, talk of rebellion is dowsed down and that winter found Gaul quiet.
Book 6: (53 BC)
1 to 8: Further revolt in Gaul
Caesar tasks three generals with raising new recruits and asks Pompey to send him the legion he recently raised in north Italy. He hears news of northern tribes conspiring to rebel and so makes a lightning attack on the Nervii, capturing cattle, prisoners and ravaging the countryside. When he convokes the annual conference of Gaulish leaders, the Senones, Carnuti and Senones refuse to attend, indicating their hostility. Caesar marches quickly on the Senones forcing their leader, Accio, to back down and hand over hostages.
Then he marches into the country of the Menapii in the far north, burning farms and villages and taking cattle and prisoners till their leaders were forced to sue for peace and hand over hostages in the usual way.
Meanwhile the Treveri, led by relatives of Indutiomarus, had gathered a large force of infantry and cavalry to attack Labienus. Labienus feigned fear and then pretended to leave the camp, luring the Treveri across the river onto flat ground this side. Once they were over he inspired his soldiers to turn and fight them, trapped by the river. Much killing. The Treveri submitted and the Germans they’d invited to come join them decided to stay on the other side of the Rhine.
9 to 10: Caesar crosses the Rhine, retreat of the Suebi
Another Rhine crossing:
The Ubii swear it wasn’t them and he spares them. Investigation suggests it was the Suebi. The Suebi gather their men at a stronghold and await. Caesar’s men quickly build another bridge and he crosses it.
11 to 20: Description of the Gauls
Digression on the nature of Gaulish society. How the advent of the Romans reordered things to bring the Aedui and Remi into prominence. The Gauls fought every year among themselves. The Druids practised human sacrifice, sometimes in wickerwork giants which they set on fire (16).
When the father of a house, who is of distinguished birth, has died, his relatives assemble, and if there be anything suspicious about his death they make inquisition of his wives as they would of slaves, and if discovery is made they put them to death with fire and all manner of excruciating tortures.
Their funerals, considering the civilisation of Gaul, are magnificent and expensive. They cast into the fire everything, even living creatures, which they believe to have been dear to the departed during life, and but a short time before the present age, only a generation since, slaves and dependents known to have been beloved by their lords used to be burnt with them at the conclusion of the funeral formalities. (VI.19)
21 to 28: Description of the Germans
More primitive. Fewer gods, they only worship things they can see like sun, moon and fire. Sex in young men is frowned upon for stunting their growth. Land is redistributed each year to stop them becoming to land-bound and also to enforce a sort of equality. Obsession with war. When a chief proclaims a war anyone who resiles is shunned. They lay waste the land around each tribe.
The Gauls used to be more warlike than the Germans and at points crossed the Rhine and conquered. But being closer to Roman territory they’ve got used to trading and fine products unlike the Germans who remain more isolated and warlike.
He gives one of those characteristically ludicrous descriptions of the natural world, imputing to the great forest of Hyrcania a massive extent (true enough) and a number of fantastical animals.
The Penguin editor suggests that this long digression about Gauls and Germans was placed her to distract from the fact that Caesar’s second incursion across the Rhine, like the first one, achieved little tangible result. When the Germans retreat into the forest, Caesar doesn’t have the provisions to follow them and so, er, retreats back over the bridge, destroying the German end and placing a watchtower and guards on the Gaulish side.
29 to 44: Caesar returns to Gaul
Right up in the north, against the Rhine, is the territory of the Eburones led by Ambiorix. Caesar marches against them, sending ahead Gaius Volcacius Tullus with the cavalry. These go very fast and surprise Ambiorix off his guard with only a few men. However these hold off the Romans while Ambiorix saddles up and flees into the forest. He sends out messages telling every man for himself and many flee and hide.
The Segni and Condrusi come to Caesar and plead that not all Germans in Gaul are conspiring. They aren’t and give hostages and make peace.
Caesar makes his base at Atuatuca, then divides his forces in three and takes his force to ravage the land of the Eburones. Germans across the Rhine hear that there’s a free-for-all and cross the river 30 miles downstream of Caesar’s base, to join in. But prisoners tell them the Romans base is at Atuatuca, full of loot and poorly defended.
Cicero had been left in Atuatuca and initially kept the men penned up in case of attack. But after a week the frustrated men need to get out and the troops need corn so Cicero lets a detachment go collect some, and another detachment take out the animals for exercise. Inevitably it’s at this moment that the Germans appear, mounting a fierce attack, causing chaos. While a fierce fight goes on at the gates of the camp, the detachments sent to fetch food – raw recruits and servants – fell into a panic. Experienced centurions helped them form and wedge shape and make it back to the camp, but another detachment initially took to a nearby hill, then changed its mind and came back down into the flatlands where it was destroyed.
Failing to break in the Germans break off the engagement and ride back to the Rhine. Hysteria grips the Roman camp and rumours spread that Caesar and the other legions have been wiped out, until Caesar himself returns and restores order.
The Penguin edition notes that Cicero clearly deserved a bollocking but Caesar treats him very gently, listing all the extenuating circumstances he can think of. This is because his brother, the orator Marcus Tullius Cicero, back in Rome, is still a political force who Caesar needs to keep onside.
This is reminiscent of the panic at Vesontio back in I.39. Caesar supervises widespread burning and ravaging of the country, with the deliberate intention of starving the inhabitants. An enquiry into the rebellion of the Senones and Carnutes concludes that it was instigated by Accio, who is executed in the traditional Roman manner i.e. scourged and hanged.
Penguin point out that by holding courts, judging and executing leaders like this Caesar was behaving like the governor of an accredited Roman province which Gaul very much was not. It was arrogant (and illegal) behaviour like this which raised so much opposition back in Rome.
Book 7: The rebellion of Vercingetorix (52 BC)
By far the longest book.
1 to 7: General conspiracy of the Gauls — Vercingetorix chosen as leader
The murder of Publius Clodius in January 52 BC led to increased political turbulence in Rome. The Gauls, hearing of this, took advantage to conspire to overthrow the invader and regain their liberty. The Carnutes lead the rebellion and sack the town of Cenabum, killing the knight Gaius Fufius Cita, in charge of managing trade.
This inspires the leader of the Arverni, far away in the south of free Gaul, abutting on the Roman Province, one Vercingetorix. Background to Vercingetorix, namely his father was at one point premier chieftain of all Gaul but was executed for seeking to be king. When Vercingetorix proclaims his ambition to kick out the Romans, his uncle and other chiefs expel him from their capital, Gergovia, but Vercingetorix takes to the road recruiting followers and building up a following. Eventually he returns to Gergovia, takes over his tribe and sends out messages for a major, allied rebellion. He enforces ferocious discipline on his recruits:
compelling waverers by severity of punishment. Indeed for the commission of a greater offence he put to death with fire and all manner of tortures; for a lesser case he sent a man home with his ears cut off or one eye gouged out, to point the moral to the rest and terrify others by the severity of the penalty.
In Italy Caesar hears of numerous tribes forming alliances constellated around Vercingetorix’s leadership. Vercingetorix moves his forces into the territory of the Bituriges.
8 to 14: Caesar moves suddenly against the Arverni
But Caesar surprises Vercingetorix by clearing the snow from a pass through the Cevennes and approaching him from an unexpected direction. He leaves Brutus in charge of his camp and makes a forced march to Vienne. He picks up two legions and marches in through the territory of the Aedui into that of the Lingones, where two legions were wintering. Hearing all this Vercingetorix returns to the country of the Bituriges, and from there heads to assault Gorgobina, a stronghold of the Boii.
This is the longest book of the 8 and is all like this, two leaders criss-crossing ancient Gaul, doing deals with, or being double crossed by, numerous tribes, sending out legions or detachments or squads of cavalry under lieutenants. The names of tribes and locations Caesar passes through, allies with or fights gets very confusing. In brief: Caesar takes three Gaulish towns, Vellaunodunum, Cenabum and Noviodunum.
15 to 31: Siege, defence, and capture of Avaricum
Vercingetorix had suffered 3 defeats in a row so holds a conference of his allies and persuades them to adopt a scorched earth strategy, withdrawing before the Romans and destroying all towns, villages, fields and crops in their paths, with a view to starving them. But the Bituriges went down on their knees and begged him not to burn Avaricum, their fairest town.
So Vercingetorix relents, but Caesar besieges it, for 25 days building an elaborate rampart wall and two huge siege towers. When the population of the town tries to sneak out one night, Caesar takes it, puts it to flame and massacres the 40,000 inhabitants.
Caesar adjudicates leadership contest between rival leaders of the Aedui. But the one he chooses betrays him, a week later telling his people that the Romans have massacred their army, so they have no choice but to go join Vercingetorix and fight for freedom.
34 to 53: Siege of Gergovia
The chief oppidum (fortified town) of the Arverni.— abandoned, after severe repulse. Impulsiveness of the troops who do not hear the recall, continue up the hill to storm the stronghold but are repulsed when the enemy muster with overwhelming numbers. — 46 centurions 700 men
This was the one and only military defeat Caesar suffered at the hands of the Gauls in 8 years. Caesar gives speech reprimanding men and insisting on discipline and then withdraws from Gergovia, marching back along then crossing the river Allier.
54 to 57: Caesar moves against the Aedui.
58 to 62: Labienus, successful against the Parisii, joins him.
63 to 74: General revolt of the Gauls under Vercingetorix.
They attack Caesar, but are defeated, not least because of Caesar’s German cavalry, and retire to Alesia, a town of the Mandubii. Caesar leaves two legions to guard his baggage and swiftly pursues Vercingetorix, killing 3,000 of his rearguard. Three Aeduin traitors are brought to Caesar.
68 to 89: The siege of Alesia
The Gauls retreat inside this stronghold. Caesar orders his troops to construct massive siege-works eleven miles in length, featuring 11 camps and 23 forts. After a confused fight between the opposing cavalries, Vercingetorix adopts the following strategy: he orders his cavalry to leave in the dead of night from a gate which isn’t yet covered by the Roman siegeworks, and to ride to their respective tribes and to raise all men of military age and bring them back, all in the name of a Final Battle which will achieve National Liberation. Meanwhile, all grain is confiscated and Vercingetorix adopts a daily ration for his 80,000 men, which should last a month or so of siege, until the reinforcements from the tribes arrive.
Details of Caesar’s astonishingly complex and thorough siegeworks which face both in and out.
Schematic side view of the Roman siege works at Alesia, 52 BC
The Gauls hold a national convention at which the tribes allot armed forces to send to Alesia, with various factions resiling and bickering. Eventually an astonishing force of 260,000 sets off, but by this stage Alesia’s food supplies have run out.
Caesar describes a meeting of the leaders inside Alesia and gives a speech – presumably entirely fictional – to Critognatus, a noble Avernian who, after a long prologue, recommends cannibalism (77)! It is also notable as belonging to that genre of speeches which Roman authors attributed to their enemies, in which the enemy eloquently describes the crushing servitude and slavery imposed by the Romans.
The weak and old and wives and children are expelled from Alesia and trek over to the Romans to beg them for food. But the Romans barely have enough to feed themselves and refuse the refugees food or permission to pass. So they are caught in no man’s land to starve.
The Gaulish hoard arrives, much to the joy of the besieged who throng the barricades to watch the battle. Caesar places all his infantry around the 11 mile siegeworks then sends his cavalry against the Gaulish cavalry. The Romans suffer casualties before an attack by German cavalry breaks the Gauls and chases them back to their main camp.
A day later a co-ordinated attack from the relieving force triggers a sortie by the besieged and the Romans find themselves hard pressed. But they are defeated by the Romans firing from their strong defences, and fall into the complex web of trenches, booby traps filled with spiked poles and so on. They are forced to withdraw while the besieged are still trying to fill in the first trench of the inner siegeworks, so the latter retreat back into the town, too.
The Gauls then mount an attack on the one Roman camp which isn’t integrated into their defensive circuit, while the besieged again sally forth. (The complexity of the siegeworks and the peril and anxiety of the repeated attacks remind me of the atmosphere at another famous French siege, Dien Bien Phu in French Indo-China, March to May 1954.)
Caesar sends Labienus with reinforcements to the hilltop camp, sends Brutus with reinforcements to the strongest point of the sallying army, then leads reinforcements in person. The forces attacking the hilltop hesitate, then Labienus sallies forth with the cohorts he had picked up. Caught between these cohorts and Caesar’s cavalry, the Gauls panic, break ranks and are slaughtered.
Sedulius, commander and chief of the Lemovices, was killed; Vercassivellaunus the Arvernian was captured alive in the rout; seventy-four war‑standards were brought in to Caesar; of the vast host few returned safe to camp.
Vercingetorix conceded defeat to the tribal leaders inside Alesia. Kill him or surrender him alive, as they wish. The leaders go under flag of truce to Caesar, who sits in front of his fortifications. Vercingetorix is handed over, all the chiefs lay down their arms. Caesar puts the Aeduin and Arvernian prisoners to one side to use as bargaining chips with their tribes, then distributes all the captures Gauls to his army as loot, one Gaul to one Roman.
(I think what this means is each Roman soldier then gets his prisoner to contact his family and demands a ransom for their safe return. So equivalent to cash.)
Caesar then receives the submission of all the tribes, and carefully allots legions and commanders in the territories of the main tribes for the winter. When news of this comprehensive victory reaches Rome, a public thanksgiving of twenty days was granted.
Book 8
This final book was not written by Caesar but by his lieutenant Aulus Hirtius. He was a legate of Caesar’s army of Gaul from 58, and crossed the Rubicon with him in January 49. He fought for Caesar during the civil war, and was appointed governor of Transalpine Gaul in 45. In other words a senior figure.
Preface
Hirtius addresses his friend Lucius Cornelius Balbus, another friend of Caesar’s, serving under him as chief engineer (praefectus fabrum) in Gaul. Balbus was said to have attended the very select dinner Caesar hosted, along with Sallust, Hirtius, Oppius and Sulpicus Rufus on the evening of the day when he crossed the Rubicon.
He explains to Balbus that he is continuing the Commentaries because they don’t link up with Caesar’s own account of the Civil; War. He says he has finished the third of the latter books, set in Alexandria, and has now set to filling the blank between book 7 and the outbreak of civil war by supplying a book 8. But it has been hard work to match Caesar’s clear elegant style and also the speed and alacrity with which he wrote.
1 to 48: (51 BC) End of the revolt in Gaul
Winter of 52 to 51 Caesar hears that the Gauls are plotting again. Alesia proves they cannot defeat the Romans when the latter’s forces are united, but might be able to pick off the legions scattered around the country in different tribal regions.
At the end of December Caesar set out on a lightning march and caught the Bituriges in the fields (it’s not actually likely they would be tilling their fields in the depths of winter, is it? Is this a stock literary convention of this genre?) Anyway, Caesar captures thousands but then lets them go and, when they see him being similarly merciful to nearby allied tribes, the Bitiruges decide to submit and give hostages.
Carnutes dispersed, Bellovaci defeated. Dumnacus besieges Lemonum, but without success. The Armoric states subdued. Drappes captured. Uxellodunum besieged and taken by Caesar. Exemplary punishment, the captured have their right hands chopped off. Labienus’ successful operations against the Treveri. Commius subdued.
49 to 55: (50 BC) Caesar and the Senate
Caesar’s triumphal reception by cities and colonies. He returns to the army in Gaul. A description of his opponents in the Senate. Caesar returns to Italy.
Thoughts
Political consequences
1. Caesar’s Gallic Wars were fought to a) clear his debts b) bring him glory and political power.
2. But in doing so he went far beyond his brief as proconsul – dealing with the leaders of free Gaul as if he was governor of a conquered province, invading Britain (twice) and crossing the Rhine, far exceeding his authority. This prompted growing criticism in Rome throughout his eight-year command. And it was this which created the mounting political crisis about whether he would ever be prepared to lay down his command and return to Rome as a normal citizen – the ultimate result being that he was too scared to do so and, instead, crossed the Rubicon into Italy with his army thus triggering five years or ruinous civil war
The war itself
1. Interesting to learn how universal the exchange of hostages was – the standard procedure to ensure peace, not only with the Romans but among the Gaulish tribes themselves.
2. The relentless Roman victories of the first four books get a bit boring. Book 5 is far more dramatic and exciting, when the massacre of Sabinus’ legion and the siege of Quintus Cicero for the first time introduce a real sense of risk and uncertainty and pave the way for the epic account of the struggle against Vercingetorix in book 7.
3. The invasion of England cost a huge amount of time and money and resources and, in the end, seems completely futile. He took away hostages from southern tribes but, presumably that lapsed when Caesar returned to Rome a few years later. Nowhere was settled, no bases or camps, no trading. Seems like an expensive folly.
Anti-imperialism
One of the interesting things about the text is the way it contains its own anti-argument. Caesar’s entire account takes it for granted that rule by Rome is best for the Gauls. And yet fairly regularly he puts into the mouths of Gaulish leaders as direct speech, or attributes to them in indirect description, the wish to be free men in their own land, living under their own laws.
It’s not an unreasonable wish. And every time you read it, you think, ‘Just what right did Caesar think he had to ravage, burn, pillage, and endlessly fight all these peoples?’ Maybe he thought he was bringing ‘peace’ to a territory plagued by endless internecine violence but it’s hard to see how the endless campaigning and fighting and burning and selling into slavery which the Romans brought was an improvement. It consistently feels worse.
Slavery
Interesting when one of the chiefs, Ambiorix, complains that hostages given by his family were being treated ‘like slaves’ and put in chains (V.27). And, of Gaul in general:
Throughout Gaul there are two classes of persons of definite account and dignity. As for the common folk, they are treated almost as slaves, venturing naught of themselves, never taken into counsel. The more part of them, oppressed as they are either by debt, or by the heavy weight of tribute, or by the wrongdoing of the more powerful men, commit themselves in slavery to the nobles, who have, in fact, the same rights over them as masters over slaves. (VI.13)
At numerous other towns the inhabitants were captured and sold into slavery. But then so were some the captured Romans. Caesar says Britain is famous for half a dozen exports to the continent, among which are slaves.
In other words, slavery was current throughout Gaul, Britain and the land of the Germans, so well beyond ancient Greece or Rome. Was there any part of the known world where slavery wasn’t practised two thousand years ago? Was slavery universal?
Eternal war
The Gauls fought among themselves every year. The Britons fought among themselves until Caesar’s incursion temporarily united them. The Germans lived for war. The Italians went on aggressive campaigns every year and spent half their time fighting each other. In Africa Jugurtha, in Asia Mithridates and the Parthians, in Egypt civil war. War everywhere, every year, all the time, forever.
The stupidity of war
Men fighting, I get. It’s what we do, what we’ve always done. But some incidents highlight the sheer brainless stupidity of war and the terrible, futile, stupid cost to civilian victims, women and children. The height of lunacy is reached in book 7 when Vercingetorix persuades the Averni, to burn down their own towns and destroy their own crops all in the name of freedom and victory. Reminiscent of General Westmoreland’s famous quote during the Vietnam War, that the Americans had to destroy the village in order to ‘save’ it. Or Vladimir Putin’s determination to ‘save’ eastern Ukraine by utterly devastating it.
War crimes
In descriptions of other Roman campaigns I’ve wondered whether what the Romans did amounted to war crimes. Yes, is the short answer. Massacring the populations of entire towns, including women and children, is a war crime.
Caesar’s sustained eight year campaign of destroying towns, massacring their inhabitants or sending them off into slavery, have caused many moderns to compare his actions as a genocide. If a genocide is defined as the systematic attempt to wipe out a particular ethnic group, then no, he just wanted every tribe in Gaul to submit, not to exterminate them.
On the other hand, when tribes or towns did hold out, it appears, from his often very casual references, that he did consciously raze towns to the ground and either massacre or enslave entire populations, most notably at the town of Avaricum, and then at Uxellodunum (VIII.44). Or:
Caesar thought that the next best way of obtaining the satisfaction that his honour demanded was to strip the country of inhabitants, cattle and buildings so thoroughly that any of the Eburones who had the good fortune to escape would loathe Ambiorix for bringing such calamities upon them and never allow him to return. Detachments of legionary or auxiliary troops went all over the country killing or capturing large numbers of the natives, burning the homesteads, and carrying off plunder, until it was completely devastated. (VIII.25)
There’s a revealing moment early in book 8 when Hirtius mentions that the population of the Carnutes are still living in makeshift tents and shacks, as all the towns in their territory have been razed to the ground (VIII.5).
At moments like this you see a vast landscape where all the towns, villages, fields and crops have been destroyed, leaving the survivors to scrape a living in pathetic shelters beside burned-out fields, and you realise this is what the Romans meant when they said they brought ‘peace’.
The scarlet cloak
Caesar always wore the scarlet cloak (paludamentum) of a commander-in‑chief (VII.88).
Video
A useful video summary.
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Posted by Simon on June 8, 2022
https://astrofella.wordpress.com/2022/06/08/the-gallic-war-julius-caesar-3/