Reading Republican Oratory:

Reconstructions, Contexts, Receptions

Christa Gray
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 OUP CORRECTED PROOF – FINAL, 1/12/2017, SPi

READING REPUBLICAN ORATORY

OUP CORRECTED PROOF – FINAL, 1/12/2017, SPi
 OUP CORRECTED PROOF – FINAL, 1/12/2017, SPi

Reading Republican
Oratory
Reconstructions, Contexts, Receptions

Edited by
C H R I S T A GR A Y , A N DR E A B A L B O ,
RICHARD M. A. MARSHALL,
and
C A T H E R I N E E. W. S T E E L

1
OUP CORRECTED PROOF – FINAL, 1/12/2017, SPi

3
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 OUP CORRECTED PROOF – FINAL, 1/12/2017, SPi

Preface

This volume originated in a conference held at the University of Turin on

15–17 April 2015, organized by Catherine Steel and Andrea Balbo as part of the
Fragments of the Roman Republican Orators project based at the University of
Glasgow and funded by the European Research Council (2012–17). We are
grateful to the School of Humanities at the University of Glasgow and to the
Dipartimento di Studi Umanistici dell’Università di Torino for their assistance
in running the conference and to all the participants at the conference for their
contributions to our discussions. The conference organizers have been joined in
the process of editing by two of the Research Assistants on the FRRO project,
Christa Gray and Richard Marshall, and the task of putting the volume together
has been smoothed for us by the quick and responsive collaboration of all the
contributors. The editors are grateful to Zara Chadha, who assisted with putting
the typescript together and prepared the indexes with skill and accuracy.
Additional research costs were generously subsidised by the Alexander von
Humboldt Foundation. Finally, we must thank Oxford University Press for
their support and encouragement with this project from its outset.
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Contents

List of Figures and Tables ix

List of Abbreviations xi
List of Contributors xiii

Introduction 1

PART A: TRANSMISSION
i. Republican Rome 17
1. Roman Orators between Greece and Rome: The Case of
Cato the Elder, L. Crassus, and M. Antonius 19
Alexandra Eckert
2. Republican Satire in the Dock: Forensic Rhetoric in Lucilius 33
Ian Goh
3. Plautus and the Tone of Roman Diplomacy of Intervention 49
Elena Torregaray Pagola
4. The Eloquence of Publius Sulpicius Rufus and Gaius
Aurelius Cotta in Cicero’s Brutus 59
Alfredo Casamento
ii. Imperial Rome 75
5. The Fragments of Republican Orators in Quintilian’s Institutio
oratoria 77
Amedeo Raschieri
6. Vis and Seruitus: The Dark Side of Republican Oratory
in Valerius Maximus 95
S. J. Lawrence
7. Reconstructing Republican Oratory in Cassius Dio’s
Roman History 111
Christopher Burden-Strevens
8. Netting the Wolf-Fish: Gaius Titius in Macrobius and Cicero 135
John Dugan
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viii Contents

PART B: RECONSTRUCTION OF THE FRAGMENTS

AND THEIR SOCIAL AND POLITICAL
CONTEXTS
i. Reconstructions in the Literal Sense 151
9. Gaius Titius, Orator and Poeta. (Cic. Brut. 167 and Macrob.
Sat. 3.16.4–16) 153
Alberto Cavarzere
10. Clodius’ Contio de haruspicum responsis 171
Anthony Corbeill
11. ‘Certain gentlemen say . . .’: Cicero, Cato, and the Debate
on the Validity of Clodius’ Laws 191
Kit Morrell
ii. Oratorical Performance 211
12. The Politics of Pronuntiatio: The Rhetorica ad Herennium
and Delivery in the Early First Century BC 213
Jennifer Hilder
13. Traces of Actio in Fragmentary Roman Orators 227
Andrea Balbo
14. I Said, He Said: Fragments of Informal Conversations and
the Grey Zones of Public Speech in the Late Roman Republic 247
Cristina Rosillo-López
iii. Gender in Fragmentary Oratory 261
15. Of Fragments and Feelings: Roman Funeral Oratory Revisited 263
Hans Beck
16. Fragments of Epideictic Oratory: The Exemplary Case of the
Laudatio Funebris for Women 281
Cristina Pepe
17. Women from the Rostra: Fulvia and the Pro Milone 297
Bill Gladhill
18. Oratorum Romanarum Fragmenta Liberae Rei Publicae:
The Letter of Cornelia, Mater Gracchorum, and the
Speeches of Her Father and Son 309
Judith P. Hallett

Bibliography 319
Index Locorum 355
General Index 362
 OUP CORRECTED PROOF – FINAL, 1/12/2017, SPi

List of Figures and Tables

Figures
5.1. Citations per orator 79
5.2. Citations per book 80

Tables
13.1. Voice 231
13.2. Gestures 231
13.3. Movements 231
13.4. Combined elements 231
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List of Abbreviations

AE (1888–), L’Année épigraphique. Paris.

CIL (1862–), Corpus Inscriptionum Latinarum. Berlin.
FGrHist F. Jacoby (ed.) (1923–), Die Fragmente der griechischen Historiker. Berlin.
FIR7 C. G. Bruns, T. Mommsen, and O. Gradenwitz (eds) (1887), Fontes Iuris
Romani Antiqui. Tübingen.
FIRA2 S. Riccobono, (ed.) (1968‒9), Fontes Iuris Romani Antejustiniani. Florence.
FRH H. Beck and U. Walter (eds) (2001–), Die frühen römischen Historiker.
FRHist T. J. Cornell et al. (eds) (2013), Fragments of the Roman Historians, 3 vols.
Oxford.
GLK H. Keil (ed.) (1855–1923), Grammatici Latini, 8 vols., repr. 1961. Leipzig.
Halm K. Halm (1863), Rhetores Latini minores. Leipzig.
HRR H. Peter (ed.) (1870–1906), Historicorum Romanorum Reliquiae, 2 vols.
Leipzig.
IGRR R. Cagnat (1901–27), Inscriptiones Graecae ad res Romanas pertinentes,
4 vols. Paris.
ILS H. Dessau (ed.) (1892–1906), Inscriptiones Latinae Selectae, 5 vols. Leipzig.
MRR T. R. S. Broughton (1951–2, 1986), The Magistrates of the Roman Republic,
3 vols. New York and Atlanta.
OLD P. G. W. Glare (ed.) (2012), Oxford Latin Dictionary, 2nd ed. Oxford.
4
ORF E. Malcovati (ed.) (1976), Oratorum Romanorum Fragmenta Liberae Rei
Publicae, 2 vols. Turin.
PIR2 E. Groag et al. (eds) (1933–2015), Prosopographia imperii Romani saec.
I. II. III. 8 vols. Berlin.
RE G. Wissowa et al. (eds) (1893–1978), Paulys Realencyclopädie der
klassischen Altertumswissenschaft. Stuttgart.
TLL (1900–), Thesaurus Linguae Latinae. Leipzig.
TLRR M. C. Alexander (1990), Trials in the Late Roman Republic, 149 BC–50 BC.
Toronto and London.
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List of Contributors

Andrea Balbo is Lecturer at the University of Turin and also teaches at the
University of Italian Switzerland in Lugano.
Hans Beck is Professor of Ancient History and John MacNaughton Chair of
Classics at McGill University.
Christopher Burden-Strevens is Lecturer in Ancient History at the Univer-
sity of Kent.
Alfredo Casamento is Associate Professor of Latin Language and Literature
at the University of Palermo.
Alberto Cavarzere is Professor of Latin Language and Literature at the
University of Verona.
Anthony Corbeill is Basil L. Gildersleeve Professor of Classics at the Univer-
sity of Virginia.
John Dugan is Associate Professor in the Department of Classics at the State
University of New York at Buffalo.
Alexandra Eckert is Assistant Professor in Ancient History at the University
of Oldenburg.
Bill Gladhill is Associate Professor in History and Classical Studies at McGill
University.
Ian Goh is Lecturer in Classics at Swansea University.
Christa Gray is Lecturer in Classics at the University of Reading and
a Postdoctoral Fellow of the Alexander-von-Humboldt Foundation at the
Humboldt University in Berlin.
Judith P. Hallett is Professor of Classics at the University of Maryland,
College Park.
Jennifer Hilder is Lecturer in the Department of Classics and Ancient History
at Durham University.
S. J. Lawrence is Charles Tesoriero Lecturer in Latin at the University of New
England.
Richard M. A. Marshall is Lecturer at the University of Glasgow and
Research Associate on the ERC-funded project ‘Fragments of the Republican
Roman Orators’.
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xiv List of Contributors

Kit Morrell is Research Associate in the Department of Classics and Ancient

History at the University of Sydney.
Elena Torregaray Pagola is Lecturer in Classics at the University of the
Basque Country.
Cristina Pepe is Research Associate in Classical Philology at the University of
Campania ‘L. Vanvitelli’.
Amedeo Raschieri is Research Associate in the Department of Literary
Studies, Philology, and Linguistics at the University of Milan.
Cristina Rosillo-López is Senior Lecturer in History at the Universidad Pablo
de Olavide, Seville.
Catherine E. W. Steel is Professor of Classics at the University of Glasgow
and Principal Investigator on the ERC-funded project ‘Fragments of the
Republican Roman Orators’.
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Introduction

Recent decades have seen a vigorous discussion among scholars about the
significance of public speech in the workings of the Roman Republic.1
Although Rome had developed into a vast empire by the first century BC,
it retained the political structures of the city state from which it had
originated.2 These included citizen participation in political decision-making
and a concomitant role for political oratory. In a society without mechan-
ically reproduced mass media, oratory represented a uniquely effective way
to communicate with a large number of people, and the contio was the chief
means of disseminating information to the citizen body as a preliminary
to legislative activity. Such information could include reports of debates in
the Senate, and senators could also disseminate versions of their contribu-
tions to senatorial meetings.3 Alongside these occasions for speech were
others, less directly connected with specific decisions but not irrelevant to
the civic life of the community, such as speeches delivered at the funerals of
those prominent in public life, as well as a range of utterances which took
place in public and had the potential to contribute to the reputations and
perceptions of politicians.
A major challenge in the analysis of political oratory in the Roman Republic
is the partial nature of the surviving evidence. We are well supplied with
oratorical texts for the end of the Republic, but these are all by Cicero. The
purpose of this volume is to explore the ways in which we can recover oratory
by men (and, in exceptional cases, women) other than Cicero. It is concerned
with both the methods by which we can reconstruct non-Ciceronian oratory
and with the results of such reconstructions: what can we know about the

1
Some milestones are Millar 1998; Morstein-Marx 2004; Achard 2006; Blom 2016; Blom,
Gray, and Steel (forthcoming). This volume itself is part of the European Research Council
funded project ‘The Fragments of Republican Roman Oratory’ (FRRO), which seeks to identify
all the evidence for oratory by speakers other than Cicero during the Roman Republic.
2
The extent to which these mechanisms of participation made Republican Rome democratic
has been hotly debated; see, in addition to n. 1, Millar 1984; 1986; Jehne 1995.
3
Before Caesar’s legislation to publish the acta senatus in 59 BC, this was often the only way to
publicize such information.
OUP CORRECTED PROOF – FINAL, 1/12/2017, SPi

2 Introduction
content, context, allusions, and delivery of such speeches? In part, the chal-
lenges involved in accessing fragmentary oratory are identical to the problems
of understanding the transmission processes of ancient Roman literature in
general. But, as we will argue below, oratory is a genre which is uniquely
difficult to pin down because it is an oral phenomenon which needs no writing
at all; even where writing and spoken oratory intersect, the written traces that
survive of this process are not, in the case of Republican Rome, straightfor-
ward transcripts of speeches as these were actually delivered.
One method of transmitting oratory was through texts which purported to
record in writing what had been said in speeches, and which were dissemin-
ated by those who delivered the speech. In this way the spoken word was
replaced by an authoritative written analogue that could enter the literary
tradition and be quoted, excerpted, or alluded to like any other work of
literature. The prime examples of this type are the speeches of Cicero, many
of which have come down to us in their entirety through the literary tradi-
tion. However, Cicero is in many ways a unique case. As an outsider to the
senatorial nobility, he was very conscious of the need to base his career on
substantive achievements, namely his prowess as an orator. As a result, the
emphasis in his theoretical works on the importance of oratory in Roman
politics may well be exaggerated; the scale of publication of his speeches, and
perhaps even their circulation as works of literature, also reflects his distinctive
profile. Other politicians found other ways of promoting themselves: Caesar,
for example, published his Commentarii on the Gallic and Civil Wars; Pom-
pey’s supporters produced terracotta busts in his image.4 Because Cicero
foregrounded oratory and many of his ‘speeches’ survive, his oratorical prac-
tice has generated huge amounts of scholarship in its own right.5 This volume
will focus instead on public speech which survives only in pieces, whether in
quotations, citations, theoretical discussions, or the creative reworkings of
historians and others. Of these snatches of oratorical expression, some had
their origins in speeches that were published on behalf of their authors—like
Cicero’s—but were later lost from the record. Others may have been remem-
bered as dicta or ‘winged words’, sayings that entered popular consciousness
and became emblematic of their speakers’ characters, such as the notorious
Carthago delenda est of the elder Cato.6 Yet more survive merely through
summaries of what was said on particular occasions. In other cases again, the
character of a performance is recorded implicitly through the reactions to it.
Here the notion of ‘character’ combines views of the speaker’s personality with

4
Rosillo-López in Blom, Gray and Steel (forthcoming).
5
Tempest 2011; Gildenhard 2011.
6
Incidentally, the earliest evidence for this saying appears to belong to the Imperial period:
Plin. NH 15.74, clamaret omni senatu Carthaginem delendam.
 OUP CORRECTED PROOF – FINAL, 1/12/2017, SPi

Introduction 3
his (hardly ever her)7 rhetorical technique—including the use of voice, facial
expression, and gesture—and the content of his words. Sometimes these
aspects are itemized in our sources, but more often the impression given is
an integrated one of the performance as a whole.8 Furthermore, not all public
speech took the shape of formal set pieces: spontaneous and even casual
remarks had the potential to become equally notorious.9 Our intention is to
supplement the complete (Ciceronian) works preserved in written transmis-
sion and to investigate, as far as is possible, the relationships between the
fragmentary and tangential evidence that is recorded and the oral contexts in
which it (only supposedly, in some cases) originated.
The methodological problems in getting to grips with Roman Republican
speech as it was spoken and heard are deep and varied. There are numerous
factors that influence the means by which a speech was recorded and the
content that was ultimately preserved. From the delivery of a speech on-
wards, the priorities of a variety of agents determined what was recorded
and remembered, and, of course, the criteria of relevance were constantly
being negotiated. Even if the intention in a specific case was to preserve a
verbatim account, the gap between what was actually said and what was
written down was, in technical terms, nearly unbridgeable. Even if an orator
is assumed to have spoken from a script that is extant, there is no guarantee
that he stuck exactly to this script; nor is it possible to reconstruct from a
script the orator’s delivery or the mood of the audience.10 In fact, the use of
scripts does not appear to correspond with what is known of oratorical
practice in this period,11 and no surviving text purports to be an absolutely
accurate transcript of a speech recorded for the speaker during the actual act
of delivery.
Nonetheless, it remains useful to treat an orator’s authorized written text as
a distinctive form of evidence: given the difficulties outlined above, it would be
unwise to treat this as a record of the exact words spoken on a particular
occasion, but it does preserve what an orator wished it to be remembered that
he had said, with consequent implications for the probability, if not the
veracity, of his words: it might be said that such a text preserves what an
orator believed he was plausibly capable of saying under the most favourable

7
The vast majority of public speakers we know of are male. See section B.iii in this volume
for a discussion of women in oratory.
8
Relevant papers in this volume: especially Balbo; Hilder; Casamento.
9 10
Rosillo-López in this volume. Cf. Balbo in this volume.
11
The emphasis on memoria within ancient rhetorical practice (cf. e.g. Rhet. Her. 3.28–40;
Cic. De or. 2.351–3; Quint. Inst. 11.2.11–16) points to an environment in which orators spoke
from memory, even if the text they memorized had been prepared using writing. In fact Cicero,
of whose practice we know most, seems to have combined detailed textual preparation of some
parts of speeches with a willingness to extemporize, increasing the difficulties in taking his
speeches as direct transcriptions.
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4 Introduction
of performance circumstances.12 In all cases except that of Cicero, the only
remains of this kind of textual evidence are preserved in the excerpts of later
writers, and consequently we have only fragments. According to this line of
thinking, the definition of an oratorical fragment is a faithfully transmitted
excerpt copied from a text which was published by an orator and records the
exact words which he spoke (or rather, wished to be remembered as having
spoken) on the occasion.13 Such fragments are vulnerable to the vicissitudes
common to fragments of ancient texts in general: it is not always clear how
faithfully the excerpters copied their originals, and, additionally, their own
works were not exempt from copying errors, manuscript damage, and the
like. A further difficulty with oratorical fragments is that the information
about the quoted text is often partial or absent in the quoting authority. An
ancient author who purports to quote what an orator said without identify-
ing his source may have had in front of him (or stored in his memory) the
text of the speech as originally disseminated by the orator, but it is also
possible that the information comes from another kind of source, such as a
historiographical text, in which case the words cannot, on this definition, be
treated as a fragment of that orator.
It may be the case, therefore, that a fragment contains strong, verbatim
evidence about the content of a speech, but equally, owing to the problems of
recording and transmission that we have outlined above, a passage that
appears to be a fragment may in reality be something else. Further, not all
orators chose to publish their speeches in the first place: Cicero explicitly tells
us, for example, that Scipio Africanus did not engage in this practice.14 And
an excerpted passage can only reveal a limited amount of information if the
context is not recorded—never mind such details of a performance as venue,
audience, the speaker’s voice, appearance, gestures, and so on, absences
which even affect the value of Cicero’s transmitted speeches.15 For all these
reasons, testimonia, which summarize arguments, occasions, and delivery,
may be equally, if not more, informative, and even, in some respects, more
‘truthful’. By extension, even the reimagined speeches found in historical
writings may preserve genuine aspects of an original performance, even if

12
This point is well illustrated by the case of Cicero’s two speeches Pro Milone: Cass. Dio
40.54.3–4; Asc. Mil. 42C.
13
This is the definition of a fragment which the FRRO project uses; it classes all other
evidence as testimonia.
14
Cic. Off. 3.4: quamquam Africanus maiorem laudem meo iudicio adsequebatur. nulla enim
eius ingenii monumenta mandata litteris, nullum opus otii, nullum solitudinis munus exstat
(‘And yet Africanus, in my view, achieved the greater glory, as no records of his talent were
preserved in writing, no product of his free time, no work arising from his solitude exists’).
Translation: FRRO.
15
For extratextual aspects of public speech, see especially in this volume: Hilder; Balbo; Beck.
 OUP CORRECTED PROOF – FINAL, 1/12/2017, SPi

Introduction 5
they are additionally refracted through the practice of declamation and the
conventions of historiography.16
In whatever ways these utterances were recorded, read, quoted, or otherwise
remembered and passed on, they became part of a wider tradition which left
its stamp on all sorts of media.17 Literary, didactic, and political currents
constantly reframed and reshaped the expressions of Roman values and
identity that relate to public oratory. In many cases it is impossible to separate
a piece of evidence from its transmission context, let alone restore it to its
original, pristine state, with all the accretions of history removed.18 A sensitive
analysis of fragmentary oratory therefore requires not only knowledge of the
historical circumstances of the original speech, but a thorough awareness of
the literary, cultural, and ideological factors (among others) whose interaction
produced and preserved the material we have today. From our end of the
tradition, an ostensibly verbatim quotation of a speech may look more ‘au-
thentic’ or ‘original’ than a summary or an adaptation—but how certain can
we be in each case that the quotation reaches back unchanged to the vocal
apparatus of the speaker, or at least to a published version of a speech?
A summary or adaptation, on the other hand, may accurately record infor-
mation regarding the delivery of the speech, though not the ipsissima uerba of
the orator.
These various problems come with crucial implications for reconstructing
and analysing Roman public speech as a whole: it may be possible to classify
our evidence according to a hierarchy of authority with varying degrees of
confidence, but there is no criterion which guarantees absolute certainty. The
entire ‘experience’ of fragmentary oratory (i.e. oratory as we may seek to
reconstruct it from both fragments and testimonia) depends on a series of
interpretative screens imposed during antiquity and beyond: these are in many
ways more varied than we find with other fragmentary genres, because we are
not simply dealing with the willingness of later generations to read and copy
texts, but also with the variable processes of creating oratorical and quasi-
oratorical texts in the first place, and with the different interests—moralizing,
biographical, geopolitical, educational—upon which the recording of orator-
ical testimonia is predicated. The distinctive approach of this volume therefore
consists in foregrounding the issues that confront the modern critic in reach-
ing back to Roman Republican speech through the (mainly textual) evidence
that we rely upon today.

16
See Burden-Strevens in this volume for a defence of the usefulness of Dio Cassius in
this regard.
17
See Eckert 2016 for a case study of ancient memorialization of a prominent Republican
figure, L. Cornelius Sulla.
18
See Dugan in this volume.
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