Around 7 May 43 BCE: To Cicero (at Rome) from Brutus (at Dyrrachium)

Brutus says he can't execute Antony's brother without permission from the Senate

From Brutus to Cicero, greetings.

It is easier for you to imagine how ecstatic I am at the news about Decimus Brutus and the consuls than it is for me to write about it.¹ I have as much praise and joy for the rest of what happened as I do at hearing that Decimus Brutus breaking out was not just his salvation, but even contributed the greatest support to the victory.² 

You write that the case is one and the same for all three Antonii, and that I must judge how I feel about the matter.³ My decision is this and nothing else: that the Senate and People of Rome are the judges of those citizens who did not die fighting.⁴ ‘But,’ you will write, ‘you are mistaken in calling men whose hearts are against the Republic citizens.’ On the contrary, I am acting very lawfully. For I do not arrogantly presuppose or think I have the authority to decide on what the Senate has not yet decreed, and what the people of Rome have given no orders on.

I won’t change my mind on this—that circumstances did not compel me to put him to death, nor have I cruelly taken anything from him, nor have I gone easy on him out of weakness; instead, I have kept him under my control for the duration of the war. In fact, my judgement is that it is much more honourable and something that the Republic can more easily allow: to not go after the fortunes of wretched and pitiful men, rather than to make an unlimited distribution to the powerful of the things that may enflame their desire and arrogance.⁵

In this situation, Cicero, you are loyal and very brave, and I hold you most dear for the service you have performed for both myself and the Republic. But you seem too ready to believe in what you hope will happen, and, as soon as anyone has done something right, to give him everything, allow him everything—as if it is impossible for the heart to change and be corrupted to evil intentions through bribery.

You are kind, and will take this advice with patience, especially since it concerns the safety of the community. Still, please do what you think right. I too, when you have instructed me [...]⁶

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Latin text of Cic. ad Brut. 1.4 | Glossary | Historia Civilis video overview of 44-43 BCE

1. Brutus evidently had not heard all of the news about the consuls, who had both died.

2. Sources are unclear on whether or not Decimus Brutus managed to break out of Mutina or not, and whether or not this was during the battle. Shackleton Bailey summarises ‘it seems likely that Decimus did break out successfully, but that this happened in the closing stages of the battle. His contribution to the victory might be variously estimated. Quite possibly M. Brutus’ information came from Decimus himself.’

3. In Cic. ad Brut. 1.3.

4. i.e. Gaius Antonius. Brutus had captured him, and Cicero had been urging him to kill him on the basis of the Senate declaring Antony’s followers public enemies.

5. Brutus wants to avoid going down the path of property confiscations or even proscriptions.

6. The rest of the letter does not survive.