736. Pro Sestio by Cicero. This is a fascinating speech. Anyone interested in the period 59/58 BC to 56 BC should read this. It is a speech Cicero gave in defense of Publius Sestius. This guy was a strong supporter of Cicero in his Consulship and was very active in Cicero’s recall. So, when he was brought up on charges of violence after his Tribunate of 57 BC, Cicero was more than eager to defend. In the course of his defense, Cicero covers the history of his own exile and smartly connects his exile and the danger presented to Sestius. But the speech contains in addition a statement about what constitutes a good citizen and what makes for a stable Republic. Cicero was very persuasive. Sestius was acquitted by unanimous vote.
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| Cicero Returns fro Exile by Franciabigio |
Speech:
There are indications when it is a quote, otherwise there is a paraphrase of what Cicero said:
Surely no one is surprised even in a great state like our own how difficult it is to find brave people. Particularly when those who damage the state go about with a smile. At one time these with smiles used hired thugs to destroy, now they employ the legal system to attack good people.
I defend Sestius out of gratitude for his help to me and the needs of the state.
Cicero then describes a man which the state would admire: responsible, self-controlled, dutiful, loyal, self sacrificing.
Sestius was critical in helping me keep an eye on my colleague, Antonius, who never did a thing to dispel rumors of his association with Catiline.
Sestius in his capacity removed C. Mevulanus and C.Marcellus from Capua. This city was crucial for the plans of the conspiracy. Capua gave hearty thanks to both Sestius and me for relieving them of both. Capua even went to the trouble of sending a decree in favor of Sestius.
After the arrest of the conspirators in Rome, when Sestius received my letter asking for assistance marched to Rome with great speed. A Tribune, in Rome, hostile to my efforts to handle the conspiracy was blunted by Sestius.
Sestius encouraged Antonius to put his shoulder to the wheel. But without Sestius and Petreius, Catiline may have been given more time to prepare and the loses to our army would have been much greater.
It helped that Sestius had been Antonius’ Quaestor in Macedonia. He constantly urged him to action. Throughout, Sestius displayed impressive integrity.
Hortensius has already defended Sestius but what he had to say and what I need to say are closely linked. But I do announce that I will only attack those of my enemies whom I happen to come upon in my speech.
(It is statements like this which surely must have riveted everyone’s attention.)
One person (Clodius) by transfer to the plebs, elected Tribune, set about to destroy Cicero. But this is not the whole story, for what Clodius did was damage the state. Pompey had extracted a promise from Clodius, upon his election to the Tribunate, that he would leave Cicero alone. But the transfer released Clodius to attack Cicero.
Clodius found two Consuls to assist: Gabinius and Piso. Gabinius was debt ridden and looked forward to recuperating his financial mess. The other, Piso, always walked about with a serious gaze, consequently many thought that I was safe. Gabinius fooled no one. We all expected him to be like he was. But Piso deceived many. I knew that he was bad news, but not that bad.
Cicero spends some time making fun of Piso’s Epicurean views.
Cicero continues:
These made a deal with Clodius to get plum provinces. In fact the same day Clodius presented a bill for my exile, he put forth a bill to give the provinces they desired.
When my exile was becoming more and more of a reality, all Italy came to my defense. There were delegations sent from towns all over Italy in my defense. These the Consuls did everything they could to negate their efforts. Senators gathered at a meeting to support me. Piso did not even bother to come but Gabinius treated these rudely.
After my exile, L. Ninnus, Tribune, made a motion for my recall. Many expressed concern for and interest in his motion. Then Clodius and his thugs attack the crowd. Soon after Gabinius held a meeting and threatened those who gathered in my support and at this meeting he banished L. Lamia who had worked to protect Cicero.
So what does any of this have to do with the case against Sestius? Sestius is accused not because of his own account but because he is my friend.
(The tone seems to be at this point- if you do not believe me now, you will by the end of this speech.)
The Senate voted to put on mourning in support of me. Both Consuls ordered the Senate to cease. Who can order the Senate to cease mourning, who can order the Senate not obey its own decrees?
At an assembly in the Flaminian Circus, the Consuls showed approval of Clodius’ actions. At this assembly a law was passed abolishing the Lex Aelia Fufia while both Consuls looked on. (This law made it possible for an elected official to halt a controversial proceeding.)
While these Consuls watched, thugs were organized and the Temple of Castor was turned into a fortress headquarters for their use. In a sense these Consuls turned the state over to madmen. The city was in the hands of armed men and terror.
Once there was a man with courage. Long ago a law was passed in which was the requirement for every Senator to take an oath of support. One man refused, one: Quintus Metellus Numidicus refused to take the oath and went into exile.
Cicero laments that he thought that people would stand by him and stand by what he and the Senate voted to do with the Catilinarian conspirators.
(The implication is clear, there are peole needed of the stamp of Metellus.)
Clodius went about telling all who would listen that what he did had the approval of Pompey, Crassus and Caesar. So Clodius threatened Cicero with all manner of violence as though all three approved.
I, says Cicero, was not frightened by Clodius’ words but I was by the silence of those three and the fact that they did not deny what Clodius said.
Many Senators were afraid when two Praetors called for the annulment of Caesar’s acts on 59 BC. But many Senators feared a Tribune. By that I mean they cared more for their own skins than they did me.
(This, of course, did not smack of the kind of statesmen Cicero had hoped that they would be.)
Clodius played on Pompey’s fear of assassination. He claimed that Cicero was plotting it.
(This passage hardly reflects well on Pompey as a tough guy.)
Cicero:
vocem pro me ac pro re publica neminem mittere
There was no one to lift their voice on my behalf or on behalf of the Republic…
(This surely caused some to squirm in their seats.)
If I had resisted Clodius and killed him, the Consuls would have condemned me, if I had died, the Consuls who already made the Senate impotent, would have told the Tribune that he was naughty and then completed their Province deal.
I left to save you and the state. The state was staggering without a rudder. Some failed to defend me out of fear for themselves, some out of old hatred, some out of envy, some because I was in their way, some sought vengeance, some simply hated the Republic.
Some have told me, “You should have resisted.” Yes, and how many good people would have been lost? “I should have met death with a calm mind.” Considering what I faced, it seems to me to make no sense that I did not face death every day.
I realize that I am not a member of a state full of courageous people who would meet death or even face it.
If I had been killed who would have felt inclined ever to come to the defense of the state? I am only human but I endured the loss of my family, friends, property, etc rather than to be undermined by traitors.
See how things turned around with the election of quality people! The Consuls of 57 BC sent notice to all nations to see to my safety.
(This sentence is a not so veiled condemnation of of the activities of the Triumvirs.)
Deinde numquam iam, ut spero, quisquam improbus consilio et auxilio bonorum se oppugnare rem publicam dicet illis tacentibus
nec armati exercitus terrorem opponet togatis; neque erit iusta causa ad portas sedenti imperatori, quare suum terrorem falso iactari opponique patiatur.
Then never, I hope, will anyone claim that he attacks the Republic by the plan and the aid of good citizens while those are silent, and he will not impose terror of any army upon peaceful citizens; and there will be no just reason for a general sitting at the city gates, by which he may allow their terror deceitfully to be brandished and opposed.
(This is almost a prayer. Cicero without mentioning names makes it clear that he was not impressed with Pompey or Caesar.)
The very moment I was driven out, both Piso and Gabinius received their prize provinces. This was pay for their inactivity and opposition to my safety. So a citizen was driven out without trial, by violence, use of rocks, steel and armed slaves, a law was made with all form abandoned.
My wife was harassed, children threatened, son in law denied to plea my case, property stolen and my house on the Palatine burned, properties at Tusculum and Formiae burnt. While much of this transpired, the Consuls feasted. Clubs were allowed to be formed which were the kind which permitted thugs to roam about the city at will. Provinces were illegally changed.
Cicero succinctly lists what had been done:
all laws of religion abolished
all safeguard against dangerous acts abolished
all powers of elected officials- abolished
all laws which controlled when a bill could be proposed- abolished
proper procedures- abolished
with one bill, that of Clodius.
The disgrace even spread to foreign countries:
religious rights sold to highest bidder
exiles returned to cities such as Byzantium, although condemned
But all the while honorable citizens were driven out.
(This refers to both Cato and Cicero. Cato was sent to the east to annex Cyprus.)
(Cicero is often criticized for his actions or inaction. But it seems that these fail to grasp the difficult position in which Cicero found himself- confronted by those who would stop at nothing to gain their desires, this is the reason that historical events pop up in this speech- he is trying to let people know what has been lost.)
Cicero continues covering events in the distant provinces:
King Ptolemy of Cyprus without notice was deprived of a throne, when he was at peace, and trusting in the power of the Roman people.
In contrast we have`Antiochus the Great, though defeated in battle, lost only territory. Tigranes supported Mithridates but was restored by Pompey to his kingdom. These contrast with King Ptolemy of Cyprus who lost everything when he had not been hostile in the least. How can other rulers possibly feel secure when some Tribune could with the help of thugs take it all away?
Cicero offers praise of Cato who was sent to annex Cyprus. He was a man caught in the violence of the times. True, says Cicero, he bowed to the danger but if any thinks the less of him, just remember how he acted during the dangerous times of my Consulship.
Finally Pompey said that enough is enough. He put his efforts to the benefit of the state and began to work for Cicero’s recall.
June 1, 58 BC the Senate voted to recall me from exile. It was moved by L. Ninnus and vetoed by Ligus. But with this the Senate seemed stirred to life. Some of Clodius’ pals were hauled into court and condemned. But I was so angered when the Consuls said that they were afraid of the Clodian law.
October 29, 58 BC, 8 Tribunes moved for my recall. Vetoed. That summer Publius Lentulus Spinther was elected Consul for 57 BC. He was eager for my recall.
After Sestius was elected Tribune in the summer of 58 BC, he went to plead my case before Caesar up in Gaul.
Both Piso and Gabinius left before their term was up. December 10 the new Tribunes took office were ready to support a recall. But two were bought off to oppose: Numerius Quintius Rufus and Sextus Atilius Serranus. Process delayed.
Lucius Cotta moved that Clodius’ laws were invalid. Thus all that needed to be done was for the Senate to vote for a recall. Pompey argued that it was better to use the comitia centuriata.
January 23 Cicero’s case was brought before a meeting of the plebs. But Quintus Fabricius took position on the Rostra before day break. Delay again. At this meeting, Quintus, brother of Cicero, nearly lost his life.
Was Sestius there with this mob? No. That is why my brother and others were driven away. You people who use violence charge Sestius who tried to defend his life. Sestius told the Consul that he was watching the sky (method used to halt legislation). For this he was beaten within and inch of his life. But Sestius is accused of violence.
Judges, after something, like this, would you have come to the defense of the Republic? In fact if any shred of the Republic still remained, a statue would have taken its place in the forum next to other great men, if Sestius had met his end that day in defense of the Republic.
The prosecution accuses Sestius of collecting a force to attack the Senate among others. Did he expel men from the rostra? Did he confiscate property? Did he demolish buildings?
…principem civitatis ferro obsessum teneret?
Did (Sestius) hold a leading citizen (Pompey) of the state besieged with weapons?
Cicero thought the letter “f” and ugly sound. Note the pause after civitatis. Ferro would have an ugly emphatic sound. It is always important to remember with Cicero that every sound, each word is always welded like weapons for the final stroke.
Cicero as is so often the case takes his opponent’s argument and makes it his own and then shoves it back in their face: The prosecution alleges violence on the part of Sestius, this is interesting in light of the violence perpetrated by Clodius.
Then he turns either to the corona or the judges and says:
vos taciti maerebatis
you while silent groaned
The forum was over run by slaves, and there was silence. Chaos ruled in the forum and you let it go, magistrates were prevented from their duty and no one resisted.
(This whole series begs the question- where are the brave? Those who defend the state? Those who defend the right of citizens to assemble in peace?)
Cicero presents a conundrum: what is a person supposed to do against those who would use the law and courts to destroy the Republic? Sestius was only doing what was last possible curse of action- to resist with force those who would destroy the state.
The prosecution evidently praises Milo and his defense of the Republic. He protected his house and kept himself safe in the forum. So Cicero wonders why, if Milo is held up to praise, the same can not be done for Sestius.
atque inter hanc vitam perpolitam humanitate et illam immanem nihil tam interest quam ius atque vis.
and in particular between this life highly polished with cultured refinement and between that savage life nothing makes so much of a difference as justice and brute force.
Whichever one we do not wish to use, the other must be employed. If we wish violence to be eliminated, justice by necessity must prevail, that is a trial by jury in which all of justice is contained. Should the jury system displease or not exist at all, brute force by necessity must rule.
Milo and Sestius were doing the same thing. What was the source of all this lawlessness? Gabinius and Piso. These two wrecked havoc in so many areas, left so much unchecked and yet, Milo and Sestius are on trial. Who should be on trial?
We are where we are, this condition we are in is because no one stands up to these thugs, until now.
All were lawless but to what purpose was Clodius? or Milo? or Sestius?
Clodius was granted immunity from prosecution because the Consul, Praetor and Tribunes (Q. Metellus Nepos, Appius Claudius, Sextus Atilus Serranus) refused to accept the charges. Twice Milo tried to bring him to trial.
The prosecution argues that the case revolves around who are good citizens. Cicero was pleased that this was brought up.
There are, he says, two kinds of those active in the state:
populares who seek to please the multitude
optimates who seek to please the best citizens
Who are the best citizens?
All are optimates who have committed no crime, are not at heart merciless, or lacking in self-discipline or hindered by an immoral home life. What is the standard for all of these optimates?
That standard is cum dignitate otium= freedom from civil discord with self-respect.
(This passage is very much worth reading as a foundation for anyone seeking to understand what a citizen has a right to expect from elected leaders.)
These are the foundations of cum dignitate otium which leaders should defend with their lives:
religious observance, that is a conscientiousness and scrupulousness in execution of duties, the powers of an elected official, the authority and reputation of the Senate, hallowed traditions, courts, interpretation of the laws, credit, provinces, allies, military, the treasury.
All these must be guarded with one’s life. In a state our size, we must be constantly vigilant because there are those who would destroy it. Good people are sometimes slow to respond to a crisis because they hold peace (otium) so dear.
There are those who possessed remarkable courage for their country to their own cost: Quintus Catullus, Marcus Aemilius Scaurus and Quintus Metellus Numidicus. Scaurus opposed any measure no matter how popular, threats never blunted his efforts. Metellus without hesitation took on a dangerous Tribune. Catullus never wavered and spoke his mind. My point is that dignity (dignitas), praise, glory do not come without sacrifice.
Great leaders oppose the desires of people. They resist. They were respected. But now what is there to agitate for? What the populace wants is peace (otium). These dangerous assemblies we see now are crowded with hired thugs who are paid to do the bidding of dangerous people.
If we should remove these thugs, the will of the people is as clear as it was when Lentulus proposed my recall at a meeting (contio). His meeting was attended by respectable people but the meeting of Clodius in the Campus Martius was met with disapproval. The meeting of Lentulus was a real meeting.
Clodius says that he passed a law about me. Who are these people? Are there any here today? Lentulus passed a law about me. Who were those who made up the assembly? Honest people of all ages, all ranks, from all over Italy. Which assembly was a popular assembly?
Cicero then uses L. Gellius Poplicola as an example of those who followed Clodius. He hates Cicero because Gellius squandered what he had and thus it right to take what Cicero has because he, Gellius, has nothing.
When the real Roman people assemble, says Cicero, their votes are given to those who are moderate and support tradition. They reject so called popular candidates.
Cicero seems to indicate that there are two Roman assemblies in a way- the one which Clodius hires and the real ones visible in the theater and elsewhere.
When Clodius, Cicero says, enters the theater, he is poorly received and often the lines of plays are directed at him.
What Cicero has been saying, in a way he has been saying to the young in order to give an example to the young on what it means to be a friend of the people. In the matter of Cicero’s recall, there are numerous demonstrations of what Cicero means: responses at games, plays, public gatherings were clearly in favor of Cicero.
The Senate instructed the Provinces and all officials to protect Cicero.
When Cicero returned, towns from all over Italy sent delegations to greet him as he traveled from Brundisium to Rome. When he reached Rome, there were people all along the road leading into Rome, on temple steps and roof tops cheering. These are the true optimates. These were not hired.
Cicero lays out the essence of the Republic: the Senate was meant to be the guarding force in the Republic. It is the responsibility of those who become part of it to understand how it works. Magistrates are for one year only. This puts the Senate in the key position. It is the guardian, defender, pilot of the state. Magistrates are supposed to serve the interests of the Senate.
(Now it makes sense why Cicero did not join the Triumvirate.)
All, says Cicero, who defend the above are optimates. The real leaders are those who are willing to endure much toil for the benefit of others. These are the ones remembered. Those who cater to the people, who use bribes are not. True leaders are those who resist the audacious. So why endure pain or exile? Because fame is won by doing the right thing. These are the ones remembered, not those who damage the good.
Cicero turns again to Sestius. Sestius is a champion of the authority of the Senate and advocate of the people.
Cicero ends joining the danger to Sestius with the threats presented to Lentulus and the dangers Cicero himself endured and the intimidation and physical abuse his own family endured. And yet all these served the interests of the state and not their own.
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