On or shortly after 4 February 43 b.c. Cicero delivered the Ninth Philippic in an effort to persuade the Senate to honour Ser. Sulpicius Rufus (cos. 51).Footnote 1 He argued that Sulpicius, who had died of natural causes while acting as the Senate's envoy, was nevertheless entitled to the same recognition as legati killed ob rem publicam.Footnote 2 In the course of the speech Cicero discussed various historic precedents, including Cn. Octavius (cos. 165) who was assassinated in Syria in 162 b.c. while doing the Senate's bidding and was consequently honoured with a statue on the rostra.Footnote 3 The statue was still extant in 43 b.c. and Cicero reminded his audience that it was now the only memorial to this great family.Footnote 4 Cicero's observation has unanimously been interpreted as signifying that the family of the consul of 165 b.c. was extinct in February 43 b.c. Footnote 5 In fact, Cicero actually meant that the statue on the rostra was now the sole surviving monument associated with the family of Cn. Octavius because the other two monuments that had served as a concrete reminder of the family had latterly been destroyed.
One of the monuments alluded to by Cicero was the imposing mansion on the Palatine which was thought to have contributed to Cn. Octavius’ success in the bitterly contested consular elections for 165 b.c. Footnote 6 But the splendid house built by Octavius was purchased by M. Aemilius Scaurus, the prodigal son of the princeps senatus M. Aemilius Scaurus (cos. 115), in the 50s b.c. and was demolished to allow Scaurus to extend his adjoining residence.Footnote 7
The other monumentum constructed by the ambitious consul of 165 b.c. was the magnificent Porticus Octavia ad circum Flaminium in the Campus Martius,Footnote 8 which was destroyed by fire and rebuilt by Augustus in the 30s.Footnote 9 The date of the conflagration is not expressly recorded and has received remarkably little attention in spite of all the discussion of the Porticus Octavia. Domaszewski identified the Porticus Octavia with the porticus in circo Flaminio that was struck by lightning in 156 b.c. Footnote 10 Yet, it is unlikely that the lightning strike of 156 b.c. was responsible for the destruction of the Porticus Octavia for a number of reasons. First, Obsequens does not say that the porticus caught fire or that it was destroyed.Footnote 11 Second, it is most unlikely that a major edifice in the centre of Rome would have been allowed to stand derelict for some 120 years—especially as the family of Cn. Octavius (cos. 165) was still flourishing and produced four consuls in the intervening period.Footnote 12 Third, the porticus in question was probably not the Porticus Octavia.Footnote 13
Coarelli, on the other hand, speculated that when the Curia Pompeia was set alight in March 44 b.c. the flames might have spread to the Porticus Octavia, which was adjacent to the theatre of Pompey.Footnote 14 But the burning of Pompey's Curia in 44 b.c. is a figment of Appian's imagination.Footnote 15 Appian claims that the mourners listening to Antony's eulogy over Caesar's body as it lay on the rostra in the Forum Romanum were so incensed that they burned the senate-chamber (in the Campus Martius) in which he had been slain, then, after attempting to torch the homes of the assassins, the mob returned to the bier which they carried from the Forum up to the Capitol, with the intention of burying Caesar in the temple of Jupiter, before carrying it back down again and placing it beside the Regia where they cremated Caesar's corpse on a makeshift pyre on the spot where the temple of Divus Iulius was later erected.Footnote 16 None of the other accounts, however, mentions the mob's foray into the Campus Martius,Footnote 17 and both Suetonius and Dio explicitly state that some of the crowd had urged that the body be cremated on the Capitol or in the Curia Pompeia, but, as they were prevented from acting on this impulse, they incinerated it where it stood.Footnote 18 Moreover, Cicero, who blamed Antony for inciting the mob, makes no reference to the destruction of the Curia—which he could hardly have failed to register.Footnote 19 It is possible that Appian was misled by the analogy with the impromptu cremation of P. Clodius Pulcher in the Forum Romanum in 52 b.c. that had resulted in the burning of the Curia Hostilia.Footnote 20 In any event, the Curia Pompeia was not set on fire in March 44 b.c., it was walled up by the Triumvirs in 42 b.c., and was subsequently converted into a latrine.Footnote 21
The destruction of the Porticus Octavia will therefore have been the result of one of the six major fires that ravaged the city of Rome between the construction of the Porticus in 166/165 b.c. and February 43 b.c. Footnote 22 Of these six fires five may be eliminated on the basis of their reported locations.Footnote 23 The fire of 148 b.c. broke out in the Forum Romanum and destroyed the Regia.Footnote 24 The blaze of 111 b.c. consumed the temple of Magna Mater on the Palatine.Footnote 25 The conflagration of 83 b.c. was restricted to the Capitol where it destroyed the temple of Iuppiter Optimus Maximus and damaged the Tabularium.Footnote 26 The flames from the pyre of P. Clodius enveloped the Curia Hostilia and spread to the Basilica Porcia, but the damage was confined to the Forum Romanum.Footnote 27 And the fire that erupted in 49 b.c. was localized to the Quirinal.Footnote 28 There remains the fire of 50 b.c. that according to Livy was the greatest and most destructive blaze of them all.Footnote 29 We are told that the fire affected fourteen unspecified vici as well as the vicus Iugarius, which puts the blaze in the right area, since the western end of the vicus Iugarius terminated at the Porta Carmentalis on the southern flank of the Campus Martius.Footnote 30 More importantly, Orosius 7.2.11 (that is to say, Livy) states that Augustus subsequently expended large sums restoring the structures that were damaged or destroyed in this fire—which is surely a reference to the programme of public works undertaken by Octavian / Augustus in the Campus Martius, including the restoration of the Porticus Octavia.Footnote 31 The scale of the fire can be better appreciated when it is recalled that more than a century later in a.d. 73 the XIV Augustan regions of Rome contained a total of 265 vici.Footnote 32
Furthermore, the traditional explanation of Philippics 9.5 becomes untenable when it is recognized that the family of Cn. Octavius (cos. 165) was almost certainly not extinct in February 43 b.c. M. Octavius, the son of Cn. Octavius (cos. 76) and great-grandson of Cn. Octavius (cos. 165), fought against Caesar in the Civil War and commanded a squadron of the Republican fleet in the Adriatic from 49 to 47 b.c. and in Africa in 47 and 46 b.c. Footnote 33 Octavius managed to escape the route at Thapsus in April 46 b.c. and led two legions to Utica where M. Cato facilitated the flight of the Republican survivors.Footnote 34 What became of M. Octavius thereafter is not explicitly attested, but the centre of Antony's fleet at the battle of Actium was under the command of M. Insteius and a M. Octavius,Footnote 35 and Drumann identified the homonymous Republican and Antonian admirals.Footnote 36 Münzer, however, maintained that the Republican and Antonian fleet commanders must be distinguished both because the former was undoubtedly a direct descendant of the consul of 165 b.c. and Philippics 9.5 indicates that the consular Octavii were extinct by 43 b.c., and because the Republican admiral was a staunch Pompeian, who took Antony's younger brother C. Antonius prisoner in 49 b.c., and would hardly have changed sides and fought for Antony at Actium.Footnote 37 Yet, once the mistaken inference from Philippics 9.5 is discounted, the other arguments cannot bear the load placed upon them. The Antonian admiral must have been a man of experience like all the other officers to whom Antony entrusted his fleet—namely L. Gellius Poplicola (cos. 36 b.c.), C. Sosius (cos. 32 b.c.) and M. Insteius.Footnote 38 Nor was C. Antonius harmed when he fell into the hands of M. Octavius on Curicta in 49 b.c. and Antony was accordingly in Octavius’ debt for sparing his brother's life.Footnote 39 What is more, the Republicans who continued to aspire to play a role in public life after the battle of Philippi had to make a choice as to which of the remaining faction leaders represented the lesser evil and not a few chose Antony, and when M. Octavius took his place in the battle line on 2 September 31 b.c. he may have consoled himself with the thought that, far from changing sides, he was still fighting the old enemy—this time in the guise of the dictator's ‘son’ and heir. In addition, M. Octavius may not have been the only surviving descendant of Cn. Octavius (cos. 165) when Cicero delivered the Ninth Philippic. In 52 b.c. the young sons of a Cn. Octavius were drawn into a legal dispute with Cicero's acquaintance Phamea.Footnote 40 Münzer rightly observed that the boys were apparently the sons of a recently deceased father, but he stopped short of venturing a firm identification.Footnote 41 Shackleton Bailey suggested that the boys were possibly the sons of C. Trebatius Testa's friend Cn. Octavius.Footnote 42 But that conjecture must be rejected, for Cicero's references to the friend of Trebatius demonstrate that the orator did not know the man,Footnote 43 whereas Cicero stipulates that he was reluctant to represent Phamea precisely because of his relationship with the boys’ family.Footnote 44 As Cicero elsewhere testifies to his friendship with Cn. Octavius (cos. 76),Footnote 45 and the boys in question were still pueri in 52 b.c. (that is, had not yet donned the toga uirilis), they will have been born sometime after 68 b.c.,Footnote 46 and were probably the grandsons of the consul of 76 b.c. Footnote 47 Their father was probably the legate of M. Licinius Crassus (cos. 70, 55) who was killed while trying to prevent the capture of Crassus after the debacle at Carrhae in June 53 b.c. Footnote 48 The praenomen of the legate is not recorded, but Crassus had strong ties to the consular Octavii,Footnote 49 and it appears highly likely that the legate was the older brother of the admiral M. Octavius Cn. f.Footnote 50 Although the nephews of M. Octavius are last mentioned in August 45 b.c., it seems more likely than not that they were still alive less than two years later when Cicero delivered the Ninth Philippic. In any event, far from being extinct in February 43 b.c., the family of Cn. Octavius (cos. 165) was apparently still playing a prominent role in September 31 b.c. Footnote 51
There is therefore only one credible interpretation of Cicero's remark in Philippics 9.5 and that is that the statue of Cn. Octavius (cos. 165), which was still standing on the rostra in February 43 b.c., was the sola memoria of the consular Octavii at that time because both the Palatine mansion and the porticus built by the consul of 165 b.c. had been destroyed in the 50s. In fact, the statue on the rostra came to serve as a memorial to not one but two of the consular Octavii, for the decapitated head of Cn. Octavius (cos. 87) was exposed on the rostra at the foot of his grandfather's statue during the first Civil War. As the consul of 87 b.c. was the first to suffer this fate,Footnote 52 there is little doubt that the rostra were chosen precisely because of his family's symbolic link with this prominent site.Footnote 53