CHAPTER XI
1. SULLA
2. POMPEY AND CAESAR

I beg permission to avert my eyes from the horrors of the wars of Marius and Sulla. Their appalling history is found in Appian. Over and above the jealousy, ambition, and cruelty of the two leaders, every Roman was filled with frenzy. New citizens and old no longer regarded each other as members of the same republic [1], and they fought a war which -- due to its peculiar character -- was civil and foreign at the same time.

Sulla enacted laws well-designed to remove the cause of the existing disorders. They increased the authority of the senate, tempered the power of the people, and regulated that of the tribunes. The whim that made him give up the dictatorship seemed to restore life to the republic. But, in the frenzy of his successes, he had done things that made it impossible for Rome to preserve its liberty.

In his Asian expedition he ruined all military discipline. He accustomed his army to rapine [2], and gave it needs it never had before. He corrupted for the first time the soldiers who were later to corrupt their captains.

He entered Rome arms in hand, and taught Roman generals to violate the asylum of liberty [3].

He gave the lands of citizens to the soldiers [4], and made them forever greedy; from this moment onward, every warrior awaited an occasion that could place in his hands the property of his fellow citizens.

He invented proscriptions, and put a price on the heads of those who were not of his party. After that, it was impossible to adhere to the republic, for with two ambitious men disputing for victory, those who were neutral and partisans only of liberty were sure to be proscribed by whoever won. It was therefore prudent to be an adherent of one or the other.

After him, Cicero tells us [5], came a man [a] who, in an impious cause, and after a still more shameful victory, not only confiscated the property of individuals but enveloped whole provinces in the same calamity.

In laying down the dictatorship, Sulla had appeared to want only to live under the protection of his own laws. But this action, indicating so much moderation, was itself a consequence of his acts of violence. He had set up forty-seven legions in different places in Italy. "Regarding their fortunes as attached to his life," says Appian, "these men watched over his safety and were always ready to aid or avenge him" [6].

Since the republic necessarily had to perish, it was only a question of how, and by whom, it was to be overthrown.

Two men of equal ambition -- except that one did not know how to gain his end as directly as the other -- overshadowed all other citizens by their repute, their exploits and their virtues. Pompey was first to appear; Caesar came right after him.

To attract favor to himself, Pompey set aside the laws of Sulla limiting the power of the people. When he had sacrificed the most salutary laws of his country to his ambition, he obtained all he wanted, and the temerity of the people in his behalf knew no bounds.

The laws of Rome had wisely divided public power among a large number of magistracies, which supported, checked and tempered each other. Since they all had only limited power, every citizen was qualified for them, and the people -- seeing many persons pass before them one after the other -- did not grow accustomed to any in particular. But in these times the system of the republic changed. Through the people the most powerful men gave themselves extraordinary commissions -- which destroyed the authority of the people and magistrates, and placed all great matters in the hands of one man, or a few [7].

Was it necessary to make war on Sertorius? The commission was given to Pompey. On Mithridates? Everyone cried Pompey. Did grain have to be brought to Rome? The people thought themselves lost if Pompey was not appointed. Were the pirates to be destroyed? Only Pompey could do it. And, when Caesar threatened invasion, the senate cried out in its turn and placed its hopes in none but Pompey.

"I really believe," said Marcus [8] to the people "that Pompey -- whom the nobles await -- will prefer to secure your liberty rather than their domination. But there was a time when each of you had the protection of many, and not all the protection of one, and when it was unheard of that one mortal could give or take away such things."

Since Rome was made for expansion, honors and power had to be united in the same persons, which in times of trouble could fix the admiration of the people on a single citizen.

When one accords honors, one knows precisely what one gives; but when power is joined to them, one cannot say how far it may be stretched.

Excessive preference given to a citizen in a republic always has necessary effects. It either makes the people envious or increases their love beyond measure.

On two occasions Pompey returned to Rome with the power to crush it, but had the moderation to discharge his armies before entering the city and to appear as a simple citizen. These actions, which covered him with glory, had the effect thereafter of causing the senate always to declare itself for him, whatever he did to the prejudice of the laws.

Pompey had a slower and milder ambition than Caesar. The latter wanted to ascend to sovereign power arms in hand, like Sulla. This way of oppressing did not please Pompey. He aspired to the dictatorship, but through the votes of the people. He could not consent to usurp power, but he would have wanted it placed in his hands.

Since the favor of the people is never constant, there were times when Pompey saw his prestige diminish [9]. And he was really upset when men he scorned increased their prestige and used it against him.

This made him do three equally fatal things. He corrupted the people with money, and in elections put a price on the vote of every citizen.

In addition, he used the vilest mobs to disturb the magistrates in their functions, hoping that sober men, tired of living in anarchy, would make him dictator out of despair.

Finally, he joined forces with Caesar and Crassus. Cato said it was their union, not their enmity, that destroyed the republic. Indeed, Rome was in the unfortunate position of being less burdened by civil wars than by peace, which united the views and interests of the leading men and brought nothing but tyranny.

Pompey did not exactly lend his reputation to Caesar, but, without knowing it, he sacrificed it to him. Soon Caesar employed against Pompey the forces Pompey had given him, and even his artifices. He disturbed the city with his emissaries, and gained control over the elections. Consuls, praetors, and tribunes were bought at the price they themselves set.

The senate, which clearly saw Caesar's designs, had recourse to Pompey. It begged him to undertake the defense of the republic -- if this name could be used for a government which implored protection from one of its citizens.

I believe that Pompey was ruined more than anything else by his shame at thinking that he had lacked foresight in elevating Caesar as he did. He yielded as slowly as possible to this idea. He did not prepare his defense so that he would not have to admit he had placed himself in jeopardy. He maintained before the senate that Caesar did not dare make war, and because he said it so often, he always repeated it.

One circumstance seems to have given Caesar the opportunity to undertake anything he wanted. Because of an unfortunate conformity of names, the government of Gaul beyond the Alps had been joined to his government of Gaul.

State policy had not permitted armies close to Rome, but neither had it allowed Italy to be entirely emptied of troops. For this reason, considerable forces were kept in Cisalpine Gaul -- that is, in the region going from the Rubicon, a small river in Romagna, to the Alps. But to secure the city of Rome against these troops, the famous senatus consultum which can still be seen engraved on the road from Rimini to Cesena was issued. It consigned to the infernal gods, and declared guilty of sacrilege and parricide, anyone who passed the Rubicon with a legion, an army or a cohort.

To so important a government another still more considerable was joined -- that of Transalpine Gaul, consisting of the regions of southern France. This gave Caesar a chance to wage war for several years on all the peoples he wanted. It made his soldiers grow older with him and enabled him to conquer them no less than the barbarians. If Caesar had not had the government of Transalpine Gaul, he would not have corrupted his soldiers, nor made his name respected by so many victories. If he had not had that of Cisalpine Gaul, Pompey could have stopped him at the Alpine pass. As it turned out, Pompey had to abandon Italy at the outset of the war, thus losing for his party the prestige which, in civil wars, is power itself.

The same fright that Hannibal awakened in Rome after the battle of Cannae was spread by Caesar when he crossed the Rubicon. Pompey was distraught and, in the early moments of the war, saw no alternative but the one resorted to last in desperate situations. He could only yield and fly; he departed from Rome, leaving the public treasury behind; nowhere could he delay the victor; he abandoned part of his troops, all of Italy, and crossed the sea.

Much is said of Caesar's good fortune. But this extraordinary man had so many great qualities, without a single defect -- although he had many vices -- that it would have been very difficult for him not to have been victorious, whatever army he commanded, and not to have governed any republic in which he was born.

After defeating Pompey's lieutenants in Spain, Caesar went to Greece seeking Pompey himself. Pompey, in possession of the sea coast and superior forces, was on the verge of seeing Caesar's army perish from misery and famine. But since his supreme weakness was wanting the approval of others, he could not refrain from lending an ear to the vain talk of his men, who railed at him or reproached him endlessly [10]. "He wishes," said one, "to perpetuate himself in command and be the king of kings, like Agamemnon." "I warn you," said another, "that we shall not eat the figs of Tusculum again this year." Some particular successes he had finally turned the head of this senatorial group. Thus, in order to escape censure, Pompey did something posterity will always censure, and sacrificed so many advantages to engage in battle with new troops against an army that had been victorious so often.

When the survivors of Pharsalus had withdrawn to Africa, Scipio, who commanded them, was never willing to follow Cato's advice and protract the war. Made overconfident by certain advantages, he risked all and lost all. And when Brutus and Cassius reestablished this party, the same precipitation lost the republic a third time [11].

You will notice that during these civil wars, which lasted so long, Rome's external power kept growing steadily. Under Marius, Sulla, Pompey, Caesar, Anthony, and Augustus, Rome constantly became more terrifying and completed the destruction of all the remaining kings.

No state threatens others with conquest like one in the throes of civil war. Everyone -- noble, burgher, artisan, farmer -- becomes a soldier, and when peace unites the opposing forces, this state has great advantages over those with nothing but citizens. Besides, during civil wars great men are often produced, because in the confusion those with merit come to the fore. Each man finds his own place and rank, whereas at other times each is given his place, and almost always wrongly. And, to go from the example of the Romans to others that are more recent, the French were never more to be feared abroad than after the quarrels of the houses of Burgundy and Orleans, after the commotions of the League, and after the civil wars during the minorities of Louis XIII and Louis XIV. England was never so respected as under Cromwell, after the wars of the Long Parliament. The Germans acquired superiority over the Turks only after the civil wars of Germany. The Spanish, under Philip V, immediately after the civil wars for the succession, showed a strength in Sicily that amazed Europe. And today we see Persia reborn from the ashes of civil war and humbling the Turks.

Finally, the republic was crushed. And we must not blame it on the ambition of certain individuals; we must blame it on man -- a being whose greed for power keeps increasing the more he has of it, and who desires all only because he already possesses much.

If Caesar and Pompey had thought like Cato, others would have thought like Caesar and Pompey; and the republic, destined to perish, would have been dragged to the precipice by another hand.

Caesar pardoned everyone, but it seems to me that moderation shown after usurping everything does not deserve great praise.

In spite of what has been said of Caesar's diligence after Pharsalus, Cicero rightly charges him with procrastination. He tells Cassius that they would never have believed Pompey's party would make such a comeback in Spain and Africa, and that, if they could have foreseen Caesar would toy with his Alexandrian war, they would not have made their peace and would have withdrawn to Africa with Scipio and Cato [12]. Thus, a mad love affair made Caesar take on four wars, and, by not foreseeing the last two, he again put into question what had been decided at Pharsalus.

At first Caesar governed under titles of magistracy -- for men are hardly moved by anything but names. And just as the peoples of Asia abhorred the names of consul and proconsul, the peoples of Europe detested the name of king -- so that, in those days, these names made for the happiness or despair of all the earth. Caesar did not refrain from trying to have the diadem placed on his head, but, seeing the people stop its acclamations, he rejected it. He made still other attempts [13]; and I cannot comprehend how he could believe that because the Romans endured him as a tyrant, they therefore loved tyranny or believed they had done what they had.

One day when the senate was conferring certain honors upon him, he neglected to rise; and it was then that the gravest members of this body lost all remaining patience.

Men are never more offended than when their ceremonies and practices are flouted. Seeking to oppress them is sometimes a proof of the esteem one has for them; flouting their customs is always a mark of contempt.

At all times an enemy of the senate, Caesar could not conceal the scorn he felt for that body, which had become almost ridiculous since its loss of power. For this reason, his clemency itself was insulting. It was observed that he did not pardon but rather disdained to punish.

He carried scorn to the point where he himself decreed senatus consulta; he signed them with the names of the first senators who came to mind. "I sometimes learn," says Cicero [14], "that a senatus consultum, passed on my recommendation, has been carried into Syria and Armenia before I knew a thing about it. And several princes have written me letters of thanks for advising that they receive the title of king when I was not only ignorant of their being kings but of their very existence."

From the letters of some great men of this time [15], attributed to Cicero because most are by him, we can see the dejection and despair of the foremost men of the republic at this sudden revolution depriving them of their honors and even their occupations. When the senate no longer had a function, the respect they had enjoyed everywhere on earth they could only hope to win in the cabinet of one man. And this is much more obvious in these letters than in the treatises of historians. They are the chef d'oeuvre of the naiveté of men united by a common affliction, and of an age when false politeness had not spread lying everywhere. In short, we do not see in them men who wish to deceive each other, as in most of our modern letters, but unhappy friends who seek to tell each other everything.

It was quite difficult for Caesar to defend his life. Most of the conspirators were of his own party, or had been heaped with benefits by him [16]. And the reason for this is quite natural: they had found great advantages in his victory, but the more their fortune improved, the more they began to partake of the common misfortune [17]. For to a man who has nothing it makes rather little difference, in certain respects, under what kind of government he lives.

Moreover, there was a certain law of nations [b] -- an opinion held in all the republics of Greece and Italy -- according to which the assassin of someone who had usurped sovereign power was regarded as a virtuous man. Especially in Rome, after the expulsion of the kings, the law was precise, and its precedents established. The republic put arms in the hand of every citizen, made him a magistrate for the moment, and recognized him as its defender.

Brutus [18] even dares tell his friends that if his own father returned to earth, he would kill him just the same [c]. And although the continuation of the tyranny gradually brought about the disappearance of this spirit of liberty, conspiracies were constantly reviving at the beginning of Augustus' reign.

It was an overpowering love of country which -- taking leave of the ordinary rules for crimes and virtues -- hearkened only to itself and saw neither citizen, friend, benefactor, nor father. Virtue seemed to forget itself in order to surpass itself, and it made men admire as divine an action that at first could not be approved because it was atrocious.

Indeed, was it not impossible to punish the crime of Caesar, who lived under a free government, in any other way than by assassination? And was not asking why he had not been proceeded against by open force or by the laws the same as asking that his crimes be punished?


Translator's Footnotes:
[a] A man: Caesar. [back]
[b] The term law of nations referred either to primarily unwritten rules of justice regulating the relations among nations (i.e., to international law, as at the beginning of chapter I above) or to laws (written and unwritten) common to all or most nations, as in the present instance. But Montesquieu applies it to a belief about tyrannicide confined to the republics of Greece and Italy of that day. Compare Chapter XV, par. 4, where it is used even more narrowly. See St. Thomas Aquinas, Summa Theologica, first part of the second part, Q 95, art. 4; Grotius Of the Law of War and Peace, I, 1 (14); Montesquieu, The Spirit of the Laws, I, 3. [back]
[c] This sentence makes little obvious sense, because Montesquieu has omitted the part where Brutus says that he would not concede even to his own father (were he to return to earth) the things he would not endure in Caesar. See Cicero's Letters edited by Shuckburgh (London, 1909), vol. 4, p. 245. [back]

Author's Footnotes:
[1] So that he himself rather than Sulla would receive the commission for the war against Mithridates, Marius, with the help of the tribune, Sulpicius, had spread the eight new tribes of the peoples of Italy among the old tribes. This gave the Italians control over the voting, and they, for the most part, were in Marius' party, while the senate and the old citizens were in Sulla's. [back]
[2] See the portrait of this army given us by Sallust in The Conspiracy of Catiline (11, 12). [back]
[3] Fugatis Marii copiis, primus urbem Romam cum armis ingressus est (The troops of Marius having fled, he was the first to enter the city of Rome with arms). Fragment of John of Antioch, in The Extract of Virtues and Vices. [back]
[4] In the beginning, part of the lands of the conquered enemy was indeed distributed; but Sulla gave out the lands of citizens. [back]
[5] Offices, II, 8. [back]
[6] We can see what happened after Caesar's death. [back]
[7] Plebis opes imminutae, paucorum potentia crevit (The power of the people was reduced, and the authority of the few increased). Sallust, The Conspiracy of Catiline (39). [back]
[8] Fragment of Sallust's History. [back]
[9] See Plutarch. [back]
[10] See Plutarch, Life of Pompey. [back]
[11] This is well explained in Appian, The Civil War, IV (108 ff). [back]
[12] Letters to His Friends, XV (letter 15). [back]
[13] He dismissed the tribunes of the people. [back]
[14] Letters to His Friends, IX (letter 15). [back]
[15] See the letters of Cicero and Servius Sulpicius. [back]
[16] Decimus Brutus, Caius Casca, Trebonius, Tullius Cimber, and Minutius Basillus, were friends of Caesar. Appian, The Civil War, II (113). [back]
[17] I do not speak of a tyrant's satellites, who would share his ruin, but of his companions in a free government. [back]
[18] Letters of Brutus, in the collection of those of Cicero (I, 16). [back]

© Copyright 1998 Patrick Beherec (or original author)
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