Philippics (1.5-1.9)

What reason had he then for endeavouring, with such bitter hostility, to force me into the senate yesterday? Was I the only person who was absent? Have you not repeatedly had thinner houses than yesterday? Or was a matter of such importance under discussion, that it was desirable for even sick men to be brought down? Hannibal, I suppose, was at the gates, or there was to be a debate about peace with Pyrrhus, on which occasion it is related that even the great Appius, old and blind as he was, was brought down to the senate-house.

There was a motion being made about some supplications; a kind of measure when senators are not usually wanting; for they are under the compulsion, not of pledges, but of the influence of those men whose honour is being complimented; and the case is the same when the motion has reference to a triumph. The consuls are so free from anxiety at these times, that it is almost entirely free for a senator to absent himself if he pleases. And as the general custom of our body was well known to me, and as I was hardly recovered from the fatigue of my journey, and was vexed with myself, I sent a man to him, out of regard for my friendship to him, to tell him that I should not be there. But he, in the hearing of you all, declared that he would come with masons to my house; this was said with too much passion and very intemperately. For, for what crime is there such a heavy punishment appointed as that, that any one should venture to say in this assembly that he, with the assistance of a lot of common operatives, would pull down a house which had been built at the public expense in accordance with a vote of the senate. And who ever employed such compulsion as the threat of such an injury as that to a senator? or what severer punishment has ever been imposed for absence than the forfeiture of a pledge, or a fine? But if he had known what opinion I should have delivered on the subject, he would have remitted somewhat of the rigour of his compulsion.

Do you think, O conscript fathers, that I would have voted for the resolution which you adopted against your own wills, of mingling funeral obsequies with supplications? of introducing inexplicable impiety into the republic? of decreeing supplications in honour of a dead man? I say nothing about who the man was. Even had he been that great Lucius Brutus who himself also delivered the republic from kingly power, and who has produced posterity nearly five hundred years after himself of similar virtue, and equal to similar achievements—even then I could not have been induced to join any dead man in a religious observance paid to the immortal gods; so that a supplication should be addressed by public authority to a man who has nowhere a sepulcher at which funeral obsequies may be celebrated.

I, O conscript fathers, should have delivered my opinion, which I could easily have defended against the Roman people, if any heavy misfortune had happened to the republic, such as war, or pestilence, or famine; some of which, indeed, do exist already, and I have my fears lest others are impending. But I pray that the immortal gods may pardon this act, both to the Roman people, which does not approve of it, and to this order, which voted it with great unwillingness.

What? may I not speak of the other misfortunes of the republic?—At all events it is in my power, and it always will be in my power, to uphold my own dignity and to despise death. Let me have only the power to come into this house, and I will never shrink from the danger or declaring my opinion!

And, O conscript fathers, would that I had been able to be present on the first of August; not that I should have been able to do any good, but to prevent any one saying that not no senator of consular rank (as was the case then) was found worthy of that honour and worthy of the republic. And this circumstance indeed gives me great pain, that men who have enjoyed the most honourable distinctions which the Roman people can confer; did not second Lucius Piso, the proposer of an excellent opinion. Is it for this that the Roman people made us consuls, that, being placed on the loftiest and most

honourable step of dignity, we should consider the republic of no importance? Not only did no single man of consular dignity indicate his agreement with Lucius Piso by his voice, but they did not venture even to look as if they agreed with him. What, in the name of all that is horrible, is the meaning of this voluntary slavery?—Some submission may have been unavoidable: nor do I require this from every one of the men who deliver their opinions from the consular bench; the case of those men whose silence I pardon is different from that of those whose expression of their sentiments I require; and I do grieve that those men have fallen under the suspicion of the Roman people, not only as being afraid,—which of itself would be shameful enough,—but as having different private causes for being wanting to their proper dignity.

Wherefore, in the first place, I both feel and acknowledge great obligations to Lucius Piso, who considered not what he was able to effect in the republic, but what it was his own duty to do; and, in the next place, I entreat of you, O conscript fathers, even if you have not quite the courage to agree with my speech and to adopt my advice, at all events to listen to me with kindness as you have always hitherto done.

In the first place, then, I declare my opinion that the acts of Caesar ought to be maintained: not that I approve of them; (for who indeed can do that?) but because I think that we ought above all things to have regard to peace and tranquillity. I wish that Antonius himself were present, provided he had no advocates with him. But I suppose he may be allowed to feel unwell, a privilege which he refused to allow me yesterday. He would then explain to me, or rather to you, O conscript fathers, to what extent he himself defended the acts of Caesar. Are all the acts of Caesar which may exist in the bits of note-books, and memoranda, and loose papers, produced on his single authority, and indeed not even produced, but only recited, to be ratified? And shall the acts which he caused to be engraved on brass, in which he declared that the edicts and laws passed by the people were valid for ever, be considered as of no power? I think, indeed, that there is nothing so well entitled to be called the acts of Caesar as Caesar's laws. Suppose he gave any one a promise, is that to be ratified, even if it were a promise that he himself was unable to perform? As, in fact, he has failed to perform many promises made to many people. And a great many more of those promises have been found since his death, than the number of all the services which he conferred on and did to people during all the years that he was alive would amount to.

But all those things I do not change, I do not meddle with. Nay, I defend all his good acts with the greatest earnestness. Would that the money remained in the temple of Ops! Bloodstained, indeed, it may be, but still needful at these times, since it is not restored to those to whom it really belongs.[*]Let that, however, be squandered too, if it is so written in his acts.

Is there anything whatever that can be called so peculiarly the act of that man who; while clad in the robe of peace, was yet invested with both civil and military command in the republic, as a law of his? Ask for the acts of Gracchus, the Sempronian laws will be brought forward; ask for those of Sulla, you will have the Cornelian laws. What more? In what acts did the third consulship of Cnaeus Pompeius consist? Why, in his laws. And if you could ask Caesar himself what he had done in the city and in the garb of peace, he would reply that he had passed many excellent laws; but his memoranda he would either alter or not produce at all; or, if he did produce them, he would not class them among his acts. But, however, I allow even these things to pass for acts; at some things I am content to wink; but I think it intolerable that the acts of Caesar in the most important instances, that is to say, in his laws, are to he annulled for their sake.

What law was ever better, more advantageous, more frequently demanded in the best ages of the republic, than the one which forbade the praetorian provinces to be retained more than a year, and the consular provinces more than two? If this law be abrogated, do you think that the acts of Caesar are maintained? What? are not all the laws of Caesar respecting judicial proceedings abrogated by the law which had been proposed concerning the third decury? And are you the defenders of the acts of Caesar who overturn his laws? Unless, indeed, anything which, for the purpose of recollecting it, he entered in a notebook, is to be counted among his acts, and defended, however unjust or useless it may he; and that

which he proposed to the people in the comitia centuriata and carried, is not to be accounted one of the acts of Caesar. But what is that third decury? The decury of centurions, says he. What? was not the judicature open to that order by the Julian law, and even before that by the Pompeius and Aurelian laws? The income of the men, says he, was exactly defined. Certainly, not only in the case of a centurion, but in the case, too, of a Roman knight. Therefore, men of the highest honour and of the greatest bravery, who have acted as centurions, are and have been judges. I am not asking about those men, says he. Whoever has acted as centurion, let him be a judge. But if you were to propose a law, that whoever had served in the cavalry, which is a higher post, should be a judge, you would not be able to induce any one to approve of that; for a man's fortune and worth ought to be regarded in a judge. I am not asking about those points, says he; I am going to add as judges, common soldiers of the legion of Alaudae;[*]for our friends say that that is the only measure by which they can be saved. Oh what an insulting compliment it is to those men whom you summon to act as judges though they never expected it! For the effect of the law is, to make those men judges in the third decury who do not dare to judge with freedom. And in that how great, O ye immortal gods! is the error of those men who have desired that law. For the meaner the condition of each judge is, the greater will be the severity of judgment with which he will seek to efface the idea of his meanness; and he will strive rather to appear worthy of being classed in the honourable decuries, than to have deservedly ranked in a disreputable one.

Another law was proposed, that men who had been condemned of violence and treason may appeal to the public if they please. Is this now a law, or rather an abrogation of all laws? For who is there at this day to whom it is an object that that law should stand? No one is accused under those laws; there is no one whom we think likely to be so accused. For measures which have been carried by force of arms will certainly never be impeached in a court of justice. But the measure is a popular one. I wish, indeed, that you were willing to promote any popular measure; for, at present,

all the citizens agree with one mind and one voice in their view of its bearing on the safety of the republic.

What is the meaning, then, of the eagerness to pass the law which brings with it the greatest possible infamy, and no popularity at all? For what can be more discreditable than for a man who has committed treason against the Roman people by acts of violence, after he has been condemned by a legal decision, to be able to return to that very course of violence, on account of which he has been condemned?

But why do I argue any more about this law? as if the object aimed at were to enable any one to appeal? The object is, the inevitable consequence must be, that no one can ever be prosecuted under those laws. For what prosecutor will be found insane enough to be willing, after the defendant has been condemned, to expose himself to the fury of a hired mob? or what judge will be bold enough to venture to condemn a criminal, knowing that he will immediately be dragged before a gang of hireling operatives? It is not, therefore, a right of appeal that is given by that law, but two most salutary laws and modes of judicial investigation that are abolished. And what is this but exhorting young men to be turbulent, seditious, mischievous citizens?

To what extent of mischief will it not be possible to instigate the frenzy of the tribunes now that these two rights of impeachment for violence and for treason are annulled?

What more? Is not this a substitution of a new law for the laws of Caesar, which enact that every man who has been convicted of violence, and also every man who has been convicted of treason, shall be interdicted from fire and water? And, when those men have a right of appeal given them, are not the acts of Caesar rescinded? And those acts, O conscript fathers, I, who never approved of them, have still thought it advisable to maintain for the sake of concord; so that I not only did not think that the laws which Caesar had passed ill his lifetime ought to be repealed, but I did not approve of meddling with those even which since the death of Caesar you have seen produced and published.