Preparations for war now slowed to a half-hearted pace, as Cicero had warned they would, while Romans awaited the outcome of the peace mission. Although levies took place across Italy to recruit four new legions, there was no great sense of urgency now that the immediate threat seemed to have been lifted. In the meantime, the only legions the Senate could draw on were the two encamped near Rome that had declared for Octavian – the Martian and the Fourth – and after receiving permission from Octavian, these agreed to march north to relieve Decimus under the command of one of the consuls. Lots for the office had to be drawn in accordance with the law, and by a cruel jest of the gods it went to the sick man, Hirtius. Watching this ghostly figure in his red cloak painfully ascend the steps of the Capitol, perform the traditional sacrifice of a white bull to Jupiter and then ride off to war filled Cicero with foreboding.
It was to be almost a month before the city’s herald announced that the returning peace envoys were approaching the city. Pansa summoned the Senate to hear their report that same day. Only two of them came into the temple – Piso and Philippus. Piso stood and in a grave voice announced that the gallant Servius had no sooner reached Antony’s headquarters than he had died of exhaustion. Because of the distance involved, and the slowness of winter travel, it had been necessary to cremate him on the spot rather than bring the body home.
‘I have to tell you, gentlemen, that we found that Antony has surrounded Mutina with a very powerful system of siege works, and throughout our time in his camp he continued to pound the town with missiles. He refused to allow us safe passage through his lines to talk to Decimus. As to the terms you had empowered us to offer him, he rejected them in favour of terms of his own.’ Piso produced a letter and began to read. ‘He will give up his claim to the governorship of Nearer Gaul but only if he is compensated by the award instead of Further Gaul for five years together with the command of Decimus’s army, raising his total strength to six legions. He demands that all the decrees he has issued in Caesar’s name should be declared legal; that there should be no further investigation into the disappearance of the state’s treasury from the Temple of Ops; that his followers should be given an amnesty; and finally that his soldiers should be paid what they are owed and also awarded land.’
Piso rolled up the document and tucked it into his sleeve. ‘We have done our best, gentlemen. I am disappointed, I will not hide it. I fear this house must recognise that a state of war exists between the republic and Mark Antony.’
Cicero got to his feet, but yet again Pansa called his father-in-law, Calenus, to speak first. He said: ‘I deplore the use of the word “war”. On the contrary, I believe we have here, gentlemen, the basis for an honourable peace. It was my suggestion, first made in this Senate, that Antony should be offered Further Gaul, and I am glad that he has accepted it. Our main points are all met. Decimus remains as governor. The people of Mutina are spared any further misery. Roman does not take up arms against Roman. I can see by the way he shakes his head that Cicero does not like what I am saying. He is an angry man. But more than that, I venture to say that he is an angry
Calenus’s speech was warmly received. It was clear that Antony still had his supporters in the Senate, including his legate, the diminutive Cotyla, or ‘Half-Pint’, whom he had sent south to report on the mood in Rome. As Pansa called speaker after speaker – including Antony’s uncle, Lucius Caesar, who said he felt duty-bound to defend his nephew – Cotyla ostentatiously made notes of their remarks, presumably so that he could report them back to his master. It had an oddly unnerving effect, and at the end of the day, a majority of the house, including Pansa, voted to remove the word ‘war’ from the motion and declare instead that the country was in a state of ‘tumult’.
Pansa did not call Cicero until the following morning. But once again this worked to Cicero’s advantage. Not only did he rise in an atmosphere of intense expectation; he was able to attack the arguments of the previous speakers. He started with Lucius Caesar: ‘He excuses his vote because of his family connections. He is an uncle. Fair enough. But are the rest of you uncles too?’