The silent women of Rome by M.I Finley (1965)

Obviously the issues of women, gender, sexuality, ‘the body’ and so on have come to dominate academic discourse in the humanities over the last 30 years or so. Before it was fashionable, 60 years ago, the classicist M.I. Finley wrote a thoughtful essay on the role of women in ancient Rome, which must have seemed fairly radical in its time but has itself come to be criticised by modern feminist historians.

M.I. Finley

Finley himself is an interesting character. He was born in 1912 in New York City to Nathan Finkelstein and Anna Katzenellenbogen, so was Jewish. Young Finkelstein was precociously intelligent and graduated from Syracuse University at the age of 15, and took another degree at Columbia University. He then taught at Columbia and City College of New York, where he was influenced by members of the Marxist Frankfurt School who had fled Nazi Germany and were working in exile in America. About 1945 he changed his name to Finley, nobody seems to know why, maybe to forestall antisemitism.

Finley was teaching at Rutgers University when, in 1951, he was named by a witness before the House Unamerican Activities Committee as a communist. He was then summoned before the committee and, when asked whether he was a communist, took the Fifth Amendment, like many other fellow travellers. J. Edgar Hoover leaned on Rutgers and, after the affair had dragged on for 3 years, Finley was eventually dismissed.

So he emigrated to Britain where he was quickly appointed university lecturer in classics at Cambridge, elected to a fellowship at Jesus College, and eventually rose through the hierarchy to become Master of Darwin College (1976 to 1982). He was made a Fellow of the British Academy in 1971 and knighted in 1979, becoming Sir Moses Israel Finley. He died in 1986.

The silent women of Rome

Finley’s essay has a straightforward aim: to lament the passive, repressed, largely voiceless role of aristocratic women in ancient Rome, using a number of examples, laws and situations to do so.

To start with he says that not many names of Roman-era women are remembered: the most famous woman from the period, Cleopatra was neither Roman nor Egyptian but Greek. As to Roman women, how many of them are remembered? Messalina, Agrippina, Catullus’s Lesbia, some legendary women such as Lucretia or, going way back, Dido.

[This is obviously a weak way to begin, with purely anecdotal summary of ‘famous women’ and no actual evidence.]

Obviously, most societies have been patriarchal and suppressed women but Finley asserts it’s hard to think of any other great civilised state ‘without a single really important woman writer or poet, with no truly regal queen…no patron of the arts.’

He then moves on to a more careful consideration of the evidence which he places under five headings:

  1. through the erotic and satirical poetry of the late Republic and empire, ‘all written by men’
  2. through the historians and biographers, ‘all men’ and attracted to salacious scandal
  3. through the letter writers and philosophers, ‘all men’
  4. through painting and sculpture, inscribed tombstones and religious monuments
  5. through innumerable legal texts

So Finley, with his left-wing credentials, is fully aware of the patriarchal slant of his sources and that they record ideals and stereotypes ‘formulated and imposed by middle- and upper-class Roman males.’ For his day (1965) this feels like a full-on, left-wing, feminist mindset, and you’d have thought he anticipated a million feminist plaints by lamenting that what will always be missing from histories of Rome is the voices of women themselves.

For a start, until late in Roman history, women didn’t have individual names. The names they were given were the family name with an ‘a’ added, so that a daughter of the Claudii gens was named Claudia, of the Julii gens, Julia, and so on. In this spirit sisters were given the same name and only distinguished by the addition of ‘elder’ and ‘younger’, or ‘first’, ‘second’ etc. In the case of marriage between paternal cousins, mother and daughter could easily end up with the same names. For example, Augustus’s daughter was named Julia because he and she came of the Julii clan, and her daughter (Augustus’s grand daughter) was also named Julia.

This in itself is a staggering fact, really worth stopping to take onboard. Roman women didn’t have individual names. As Finley goes on to say, it’s as if Roman society as a whole wished to emphasise that girls and women were not genuine individuals but only offshoots of male-dominated families.

In fact he goes on to point out that although the word familia is Latin it never meant to Romans what it does to us nowadays. Familia either meant all the persons under the authority of the head of the household, or all the descendants from a common ancestor, or all one’s property, or all one’s servants – never our modern notion of the small nuclear family. ‘The stress was on a power structure, rather than on biology or intimacy.’

The Roman paterfamilias need not even be a father; the term was a legal one and applied to any head of a household. Biological children were excluded if illegitimate, whereas the practice of legal adoption was very common (two famous examples being Publius Clodius Pulcher having himself adopted by a plebeian family; and Julius Caesar’s adoption of his great-nephew Octavius).

Theoretically a paterfamilias’s power over his wife, sons and daughters and son’s wives and children, over all his slaves and property, was absolute. In law it was the power of life or death. A Roman woman was rarely if ever, at any point in her life, not in the legal power of a man.

Roman legislators and lawyers devoted a lot of space to precise definitions of the status of all possible permutations of family members (in the extended sense). This was because the family, in this extended sense, was the basic building block, the foundation, of their society. Not just women had highly defined places, but children, sons, heirs, and so on. Finley explains that strict rules were enacted prohibiting certain kinds of marriage: between a Roman citizen and a non-citizen; or between a Roman of the senatorial class and a citizen who had risen from the class of freemen (former slaves).

We miss the full picture if we concentrate only on women. The Roman state sought to regulate and control all social relationships.

Finley’s essay then uses the complex family life of Octavian/Augustus to demonstrate the absolute power of the paterfamilias at arranging the lives and marriages of all those in his power; but this strikes me as not a useful example because the greatest, longest-serving emperor is just about the least representative example you can imagine, and it’s all available in any life of Augustus, anyway.

Finley then goes back a bit in time to guesstimate that the submissive role of women in the Roman state was very ancient, and certainly by the time Hannibal was defeated (about 200 BC) all the elements were in place of the social situation Augustus tried to manage.

Male infidelity was widely accepted. Husbands could have mistresses, multiple partners and illegitimate children. ‘There was no puritanism in the Roman concept of morality.’ When you think about it this follows naturally from the central axiom that all that concerned the state was the efficient management of family legal matters; beyond carrying out their legal functions and duties towards the state, what people got up to in their ‘private lives’ was their own affair.

Throughout his long rule Augustus wasn’t concerned with reforming what we, the heirs to Christianity, think of ‘morality’, so much as social order. Above all he was concerned that not enough upper-class citizens were getting married and having children. Childlessness was an abrogation of responsibilities to the state. The licentious living he saw becoming more common around him wasn’t completely reprehensible in itself, but to be criticised insofar as it indicated a dereliction of duty to the state which he saw it as his responsibility to protect and maintain. Augustus disapproved of the Roman aristocracy living debauched lives because they were spending money on themselves which they should have been investing in their children and The Future of Rome.

There was nothing at all holy about marriage, as the chopping and changing of Augustus’s own marital career and of umpteen aristocrats amply demonstrated. This explains why divorce was easy and commonplace. It was a purely legal transaction. Marriage was important because:

  • it ensured the creation of the next generation of citizens
  • it ensured the smooth transition of property from one generation to the next
  • the entire social hierarchy depended on cleanly defined lineage and descent within families, which themselves needed to be clearly defined as patrician or plebeian or knightly in order to take their place in the systems of political management and control

So marriage was really important in ancient Rome from a social, economic, political and legal point of view. But hardly at all from a moral or emotional point of view, the two ways in which we have been increasingly taught to view it over the past 200 years, maybe since the so-called Romantic revolution around 1800 began to change a lot of attitudes in favour of the primacy of personality and emotion over duty and sacrifice.

Finley has a digression about the laws of marriage governing soldiers. These kept changing, as soldiers’ terms of service were themselves changed and developed, eventually becoming so complicated it resulted in an entire specialised area of Roman law.

Having discussed the aristocracy at some length, Finley then goes on to speculate about the condition of women in the working class. We know next to nothing about them but the chances are they were a lot more free of the social codes and restrictions imposed on aristocratic women because a) they had to work, and probably helped their husbands in a wide variety of trades and b) the rapid expansion of the slave trade and the slave population after the destruction of Carthage (146 BC), along with the surprisingly generous Roman habit of freeing slaves, meant that an ever-increasing proportion of the free population was directly descended from slaves, almost certainly giving them a drastically different notions about marriage norms than the aristocracy.

Mortality was higher among women than men. It is estimated that of the population which reached the age of 15 (i.e. evaded the high infant mortality) more than half the women were dead by forty, in some places, by 35. Women were a lot more likely to die due to a) multiple childbirths without any modern medicine b) sheer exhaustion of bearing children, rearing them, and working.

Divorce was easy and men often remarried. You can see how this would enormously complicate the legal situation around heirs, property, citizenship and so on. Hence the jungle of legislation.

And yet (Finley says, swinging his train of thought into a new groove), there is evidence that aristocratic Roman enjoyed some autonomy. They attended dinner parties and certainly the many festivals and games. Many Roman writers report the stimulating conversation of educated women in mixed company. Ovid in The Art of Love gives extensive advice on how to make the best of themselves, advising women of this class to dress and primp properly, to sweeten their breath, to walk gracefully and dance well, to cultivate the best poetry. This makes them sound quite free and independent in their behaviour.

Finley comes to his final thought: How did respectable Roman women of the level of education implied by Ovid and others find outlets for their repressed energies?

1. Religion

Roman religion was very patriarchal. Traditional Roman religion was based on the household gods and public rituals and men controlled both. There was a handful of female cults, such as the women-only Bona Dea, but all religious festivals were led by men and even the famous Vestal Virgins were under the direct supervision of a man, the pontifex maximus.

A big change came with the solidification of the empire and the great influx into Rome of eastern mystery cults, many of them carrying the entirely unroman concepts of personal communion with the god and personal salvation. Although some of these gods were completely closed to women (such as the military cult of Mithras) others offered women status and agency like they’d never had before.

The most notable example of these was the cult of Isis, who subsumed a world of other goddesses and cults (and which Ovid complains about in some of his poems). One of the hymns to Isis says: ‘You gave women equal power with men.’ This explains why the cult of Isis was one of the most obstinately resistant to the rise of the new cult of Christ as the latter spread  around the Mediterranean during the later first century AD.

Christianity itself was a very mixed blessing for women. Women played a crucial role in the life of Jesus. His mother, Mary, quickly assumed cult status. Jesus was genuinely open-handed about the role of women. Take the woman her community is about to stone for adultery. Jesus saves her and shames the vengeful men.

Women quickly held office in the early church, not in ultimate power but as assistants, deacons and sacristans, assisting in ceremonies as well as taking a lead in charitable works. It was the Empress Helena who ‘found’ the true cross in Palestine and brought it back to Rome. A good proportion of the early martyrs were women i.e. women were allowed to be memorialised as martyrs, to be remembered as saints, and their relics worked just as many miracles, as men did. Here was a true holy equality.

But then, alas, St Paul. Paul thrashed out the theology of Christianity but at the expense of embedding it deeply back into the traditional Jewish teachings which Jesus had seemed to escape. In chapter 14 of his first letter to the congregation at Corinth he says:

‘Let your women keep silent in the churches, for they are not permitted to speak; but they are to be submissive, as the law also says. And if they want to learn something, let them ask their own husbands at home; for it is shameful for women to speak in church.’

From the floating repertoire of ancient documents indicated by the Dead Sea Scrolls, the early Christians selected the ones which they thought best bolstered their case, assembling them into a library which eventually came to be called The Old Testament. Much of it was a reversion to a harsher, Jewish concept of the deity than Jesus seemed at many moments to believe. Over coming generations the strange and ominous legend of Adam and Eve came to assume the severity of doctrine, and became an irrefutable accusation with which hundreds of generations of misogynists could bad-mouth and shut down women.

One unintended consequence of Pauline thought was the new emphasis it put on virginity. In our times we think the obsessive importance assigned by generations of Christians to the virginity of a bride ludicrously repressive and bigoted. But if you think about it from the point of view of a 12, 13 or 14 year old girl in a Roman household, who knows she is doomed to be married off to someone she might never have met, who might be four times her age, purely as a business and legal transaction – then a new cult which rejects this bartering of women, and declares that the holiest thing a woman can do is devote her life to Jesus and eternal virginity, maybe in a community of like-minded women – you can see how in many cases this might have been experienced as a wonderful liberation from patriarchal tyranny. An escape route.

Convents began to be set up soon after the first monasteries and offered a way for women to walk out of the entire male-dominated society in a way they hadn’t been able to since Rome was founded. A huge subject but Finley’s brief discussion is suggestive.

2. Entertainments

Much smaller in conceptual terms, but still significant, was the way women were allowed to be spectators in theatres and at games. Finley tells us that gladiators became ‘pin-ups’ for Roman women, ‘especially in the upper classes’. It would be good to see the evidence for this.

3. Imperial women

Finley rather spoils the effect with his third area of female agency, by reverting to the anecdotal level of the opening of his essay, and telling us that many of the women at the top of the next few hundred years of Roman Empire ‘revealed a ferocity and sadism’ that were not often matched by their menfolk. They never held direct power, but they pulled many of the strings for their husbands and sons, brothers and lovers. Well, if feminists want strong independent women, here are some of the most ferociously strong and determined women we have any record of.

Finley tries to interpret the behaviour of this handful of bloodthirsty women as a ‘rebellion’ against the suppression of almost all women almost all the time. Unfortunately, it comes over more as a certain type of sexist stereotyping without any consideration of the fact that strong women everywhere have been subjected to poisonous character assassination. I.e. that much of what male society and its male historians wrote about them may be vicious rumours or simply untrue.

Shame. Finley was very ‘on message’ and sympathetic to Rome’s repressed women up to this very last point.

Thoughts

This is a deeply intelligent, very interesting, well-written essay. It has an elegantly arresting introductory remark about Cleopatra and then moves with a steady, fluent logic through a series of highly interesting points. Agree or disagree with his thesis, it is beautifully written.

It is very persuasive about the topics it addresses. But it can be seen that, at various points, it veers away from a strict consideration of its title; the passage on the marriage laws for Roman soldiers feels some distance from ‘the silent women of Rome’, the extended passage about Augustus and his women is interesting but can hardly be taken as representative of Roman society at large.

The anti-Finley debate

A few minutes surfing on the internet turns up the fact that Finley’s essay was contested by feminists.

The Reverend Dr. J. Dorcas Gordon of Knox College, Canada, in her book ‘Sister or Wife? 1 Corinthians 7 and Cultural Anthropology’, gives a summary of the feminist responses to Finley’s essay, which she calls ‘controversial’.

According to her, there is a relatively straightforward spectrum of views, with one school holding that women in Rome lived passive repressed lives in the shadows of their fathers or husbands (the Finley view), but quite a few more modern revisionists insisting the exact opposite.

These latter are represented by Sarah Pomeroy who, in her pioneering 1975 feminist book, ‘Goddesses, Whores, Wives, and Slaves: Women in Classical Antiquity’, argued that changes in Hellenistic society produced many emancipated but respected upper-class women. She argues that Roman matrons had a much bigger range of choices in their roles and lifestyles, as well as more of an influence on the cultural and political life of their society, than Finley allows.

Gordon goes on to produce pages of evidence showing women having more agency in the ancient world than the Finley side of the debate claims, evidence including history, moral anecdote and exempla, slander, funerary inscriptions.

In Hellenistic Egypt we know that women bought and sold real estate as well as movable property. We know from Cicero’s abundant correspondence that his wife, Terentia, had considerable freedom of action in the areas of finance, politics and matchmaking.

There is evidence that women, despite an explicit ban, argued their cases in the law courts, namely Afrania, wife of a senator and Hortensia delivering a speech before the triumvirs. Servilia was the long-time mistress of Julius Caesar and mother of Brutus and all her contemporaries took her political influence of for granted. Cicero depicts a woman friend, Caerellia, as independently wealthy and a noted intellectual. Everyone was intimidated by Augustus’s formidable wife, Livia.

An inscription from Corinth recognises Junia Theodora who bestowed gifts of money on the city and citizens. More surprisingly an inscription speaks of a certain Hedea racing a chariot and winning at the Isthmean Games of 43 AD. Inscriptions from Asia Minor memorialise wealthy Greek women who civic and federal magistracies and priesthoods. Women with estates and all sorts of businesses were attested at Pompeii.

And so, considerably, on.

The major engine for new historical interpretations

In the end, Dorcas suggests, it depends how you interpret the evidence. Obviously that is true, but I’d go a step further to point out something obvious, to me at any rate, which is: the outcome of many debates in the humanities depends not so much on how you interpret the evidence, but on what evidence you consider; on what evidence you admit to the field of debate.

Time after time, when reading modern history books which claim to be ‘overturning conventional wisdom’ or ‘subverting established beliefs’ blah blah, it turns out that they’re not doing so by presenting startling new evidence; more often than not they are using evidence which has always been known about by scholars, but not previously considered part of the debate; things the experts knew about but nobody had considered including in the body of evidence used in this particular debate.

If the complete corpus of historical evidence can be likened to a landscape, the landscape itself rarely changes – what changes, and sometimes drastically, is which features of the landscape historians choose to pay attention to; which bits of evidence we include and prioritise.

Since you and I can never hope to acquire total mastery of all the evidence from the ancient world on this or any number of other issues (the experiences of slaves, the experiences of gladiators, the experiences of the working classes, the experience of farmers, the experiences of business men) we are, in effect, at the mercy of scholars and their changing interests. Our knowledge of ‘history’ is restricted by the ever-changing fashions for this or that kind of evidence among the historians we read.

Now almost contemporary historians are convinced that we need to be more inclusive, need to pay attention to the lives of women, or black people, or other previously excluded groups. While fine and admirable in itself, this attitude can also be seen as just the latest wave, the latest refocusing of attention and evidence which will, itself, be eclipsed by further waves in the decades to come.

In other words, nothing like a ‘true’ understanding of history is ever possible. Because the study of history covers such a huge area, and historians for decades have been expanding the fields of evidence to include previously ignored groups, any modern read is doing well if they can get a grasp on the history of a period as it is generally understood today i.e. as it is interpreted and conceived for our times by the congeries of historians of our day.

But even if you could wriggle free of the preconceptions and assumptions of our age, penetrating through the veil of how events are presented by contemporary writers is virtually impossible, because as you go further back in time you don’t encourage any kind of truth, all you encounter is previous generations of historians interpreting events in terms of the ideologies, moral values, social needs of their times, biased by all their preconceptions and prejudices.

The thing itself – the objective, ‘true’ and definitive account of events – can it ever be reached, does it even exist? I don’t think so. It’s bias, interpretation and ideology all the way back to the original sources and documents which, themselves, are (fairly obviously) biased and limited. From ever-changing mosaics of evidence historians create narratives which are acceptable to us and our concerns.


Credit

The silent women of Rome by M.I Finley was published in 1965. It was included in a collection of essays by him titled Aspects of Antiquity, published by Penguin books in 1968. References are to the 1977 Penguin paperback edition.

Related link

Roman reviews

Pro Milone by Cicero (52 BC)

All five speeches in the Oxford University Press selection of Defence Speeches by Cicero are given extremely thorough and wonderfully lucid introductions by the volume’s editor and translator, D.H. Berry. Pro Milone has the longest introduction of the lot, at 12 pages of small font, i.e. a lot of content because there’s a lot to explain.

The trial of Titus Annius Milo, generally referred to as Milo, was held between 4 and 7 April 52 BC. He was charged with the murder of Publius Clodius Pulcher. While he was prosecuted by the usual number of three advocates – Appius Claudius Pulcher, Marcus Antonius and Publius Valerius Nepos – he was defended by just Cicero.

Publius Clodius Pulcher

For a change the background is fairly simple. From the late 60s onwards Clodius had established himself as a rabble-rousing tribune of the people who developed a wide popular following and developed tough street gangs to intimidate and beat up his opponents. He first clashed with Cicero when the latter testified against him at his trial for dressing up as a woman in order to infiltrate the rites of the goddess Bona Dea being held in Julius Caesar’s house (because Caesar held the office of pontifex maximus) in December 62.

From that point onwards Clodius sought revenge and his gangs took to intimidating Cicero on numerous occasions. In 58, Clodius was elected tribune of the plebs and passed a law declaring anyone who had put to death Roman citizens without a trial guilty of treason. This was targeted solely at Cicero who, as consul in 63 BC, had followed the advice of the senate and had five leading members of the Catiline conspiracy put to death. Despite the support of the senate, the letter of the law defined Cicero as a criminal liable to the death penalty and so he was forced to flee into exile in Greece. 18 months later, in 57, the political atmosphere in Rome changed and he was allowed to return.

During his absence Clodius’s street gangs for the first time met their match in equal and opposing groups of fighters organised by ex-gladiator Titus Annius Milo, who held the post of tribune. Milo arrested some of Clodius’s men, was attacked by his gangs, attempted to prosecute Clodius for violence and, when that failed, recruited gangs of his own to meet violence with violence.

In 56 Clodius brought Milo to court but the trial was broken up by brawling and not reconvened. When Cicero defended another tribune he used the opportunity to issue a rallying cry to patriots to gather round patriots such as Milo and against traitors such as Clodius. The two became close allies. Milo provided bodyguards to protect the builders who were rebuilding Cicero’s house (after Clodius had it demolished during his exile) from Clodius’s gangs who were attacking them.

In April 56 Cicero delivered a blistering attack on Clodius and especially his sister, the notorious Clodia, as part of his defence of Marcus Caelius Rufus (referred to as as Caelius) in the speech known as Pro Caelio. Clodius’s hatred grew even deeper and resulted in several violent incidents, but Clodius’s main enemy was Milo.

In late 53 both Milo and Clodius stood for office, Milo for consul, Clodius for praetor. Cicero strongly backed Milo’s campaign since, as consul, he would be able to control Clodius. But every attempt to hold elections was foiled by outbreaks of violence and 52 opened with no magistrates elected.

The murder of Clodius

It was only a few weeks into the year, on 18 January 52, that Milo and his entourage encountered Clodius and his followers on the Appian Way outside Rome heading in opposite directions. They passed in surly silence but the rearguard of both gangs provoked each other and started fighting. It spread and became a general melee. Clodius was wounded with a spear and taken to a nearby inn at which point Milo was faced with the choice between leaving a wounded and infuriated enemy alive or doing away with him for good. So he had his men drag Clodius into the road and finish him off, leaving the body.

Milo’s trial

Having been done various favours by Milo over the years Cicero felt duty bound to speak in his defence. His presentation was seriously hampered by booing and catcalls from Clodius’s followers and it is said that Cicero didn’t manage to finish. In any case the facts were generally agreed and Milo was convicted. He hurriedly went into exile in Massilia, modern Marseilles. Subsequently Cicero polished his text and had it published. It was his last surviving court speech and is widely considered his masterpiece.

What makes it twice as interesting is that it is the only speech by Cicero for which we have an independent and separate account, by a first century AD scholar named Quintus Asconius Pedianus (3 to 88 AD) and that Asconius’s account drastically differs from Cicero’s. Its existence suggests the extent to which Cicero manipulated the facts and distorted the narrative (lied) in his speeches.

Some people thought the best line of defending Milo would have been to claim that eliminating Clodius was in the interests of public peace and order. Marcus Junius Brutus wrote and circulated the speech he thought should have been given along these lines. But instead Cicero decided to base his entire long speech on the premise that Clodius knowingly set a trap for Milo, who was therefore justified in defending himself. However, according to Asconius the encounter on the Appian Way was an accident and the outbreak of violence was an accident.

Asconius’s version

Berry includes in this edition a translation of Asconius’s version, his summary of the events surrounding Clodius’s murder and of the trial itself (and of the trials of Clodius and Milo’s associates which followed). In fact he recommends that the reader read it first, before reading Cicero’s account. It is a trim ten pages long.

Berry points out the key substantive difference between Cicero and Asconius, namely Cicero says Clodius planned an ambush which Milo heroically defended himself from, while Asconius (and, in the event, the jury) believed it was sheer luck that led to a purely accidental meeting on the Appian Way.

But there’s another way in which Asconius’s account sheds light on Cicero’s –it is brief and to the point. It is arranged in a simple chronological order, dealing with the background, the events on the day, and the complex arrangements regarding Roman law which led up to the trial itself. In many places it reads like a Wikipedia article. Asconius doesn’t mention himself once.

All this is, of course, in striking contrast to what I’ve learned to think of as Cicero’s style, which is:

  • wordy, very wordy, gabby and verbose
  • rarely if ever addresses the facts, and if it does you barely notice because they are drowned in:
  • a never-ending stream of self-glorifying self-promoting references to himself, to his great achievement in saving the state during the Cataline crisis, to his importance as a mentor and role model for the young, to his tastes in literature, to the hard work he’s put in to becoming Rome’s leading advocate, and so on and so on
  • barrages of references to Great Romans From The Past: to Scipio Aemilianus and Gaius Laelius and Quintus Metellus and Cato the Elder, and so on and on, great names yoked into his discourse in order to boost it, make it sound more patriotic and weighty
  • cluttered and repetitive: his defence of Archias is short by his standards but still manages to repeat certain claims 3 or 4 times; arguments and related sub-arguments pop up unexpectedly, with no apparent logic and then, a few pages later, pop up again
  • melodrama: in every trial Cicero makes out that the entire future of Rome, and all its citizens and women and children and their great heritage is at stake! and that only acquitting the noble defendant – a man ‘who has done more for his country than any other man in history’ (76) – can save the nation from ‘national calamity’! This unrelenting hyperbole must have gotten pretty tiring.

In contrast to all this, Asconius’s style and presentation is a wonderful breath of fresh air and makes you realise that not all ancient writing needs to be as verbose, overwrought, self-indulgent and confusing as Cicero’s.

Here’s Cicero:

So give me your attention, gentlemen, and lay aside any fear you might have. For if you have ever had the power of judging loyal and valiant men, if you have ever had the power of judging meritorious citizens, and if specially selected men from the most distinguished orders have ever been given the opportunity of demonstrating, by their actions and their votes, that approval of valiant and loyal citizens which they have so often expressed in the past by looks and words; if that is how it is, then you have at this moment complete power to decide whether we who have always upheld your authority should linger on in adversity for all time, or whether, after being persecuted for years by the most degraded citizens, we are at long last to be revived by your good selves, and by your honour, your courage and your wisdom. (4)

Here’s Asconius:

Milo was travelling in a coach with his wife Fausta, the daughter of Lucius Sulla the dictator, and his friend Marcus Fufius. Following them was a large column of slaves and also some gladiators, including two well-known ones, Eudamus and Birria. These were moving slowly at the rear of the column, and started an altercation with Publius Clodius’s slaves. As Clodius looked back menacingly at the disturbance, Birria pierced his shoulder with a spear. Then a fight began, and more of Milo’s men ran up. The wounded Clodius, meanwhile, was carried into a nearby inn in the territory of Bovilla. (32C)

I appreciate that Cicero was working within a specific genre – the advocate’s speech – that oratory had a host of rules, that the audience expected a show of rhetorical fireworks and that, in this respect, Cicero’s over-ripe performances were following convention and pleasing the crowd. And that, by contrast, Asconius’s commentary is just that, a scholarly text conforming to a completely different set of conventions and required to be precise and factual. But my God, what a relief it is to turn from Cicero’s gluttonous grandiloquence to Asconius’s spartan diet of bread and water.

Two versions of Cicero’s speech

Berry devotes several pages of his introduction to making a key point about the text. The version we have is a document Cicero heavily revised and reworked after the trial. Evidence for this comes from two sources. Firstly Asconius and the noted 1st century orator Quintilian both refer to the original version Cicero actually delivered at the trial – they’d both read it – and distinguish it from the text we have.

Secondly, Berry is the latest in a long line of scholars to detect a noticeable change in the text: the first two-thirds of the speech are favourable to the then-most powerful man in Rome, former general Gnaeus Pompeius, generally known as Pompey the Great:

  • ‘the wise and fair-minded Gnaeus Pompeius’ (2)
  • ‘a man of lofty and almost divine mind’ (21)
  • ‘a man of the highest principles’ (21)
  • ‘the exceptional carefulness of Gnaeus Pompeius’ (65)
  • ‘so very brave a man as Gnaeus Pompeius’ (66)

But around section 70, Pompey becomes more the focus of the speech and for the final third the references to him become notably hostile. Berry thinks this is because the first two-thirds are close to what Cicero delivered on the day, when the outcome of the trial still hung in the balance and it made sense to suck up to Pompey. The final third of the second version of the text was composed after it had become clear that Pompey in fact supported the prosecution and (tacitly, in the background) helped Milo be convicted. Hence the switch in tone from sucking up to critical.

The speech itself

It takes up 40 pages in the OUP edition and is divided into 105 sections. The central point is that Cicero chose to frame the events as Clodius having set a trap for Milo and so the response of Milo and his entourage was justified self-defence. He says:

  • it was Clodius who set a trap for Milo (6) and repeatedly tries to narrow the entirety of the case down to this one point, that either Clodius or Milo set a trap, and it was Clodius (31)
  • if it is agreed that Clodius set a trap, then it is no crime for a Roman to kill a criminal if his house is being burgled, or he is being assaulted or sexually attacked – a bandit may be lawfully killed (11) – and gives a roll call of Eminent Romans who have killed enemies but still been honoured (8, 9, 10)
  • it is a natural law which needs no encoding, that a man may use violence to defend himself if attacked (10)
  • he states and then repeats the claim that, by killing Clodius, Milo did the state and the people a favour, to ‘the benefit to our country, the benefit to you, and the benefit to all loyal citizens’ (30)
  • it was just the latest in a long line of services Milo has performed ‘for our country’
  • the senate has repeatedly spoken in favour of Milo (12)

Cicero asks who had the most motive for setting a trap? The obvious answer is Clodius, for Clodius was running for the office of praetor whereas Milo was running for consul and showed every sign of being elected. Now if they’d both been elected, Milo would have cramped Clodius’s (no doubt treasonous plans) at every turn – so Clodius had a clear and obvious reason for eliminating Milo. Whereas, now that he has been brought to trial for Clodius’s murder, Milo’s position is in deep jeopardy: in other words Milo had no motive for killing Clodius, quite the contrary, his murder has jeopardised his career and even his life (34).

Having established, to his own satisfaction, that the case boils down to which of the 2 men planned to ambush the other, Cicero compiles a dozen or more ways in which the time and location and make-up of the two entourages all favoured Clodius, so he was the obvious planner and trapper.

Cicero’s speech is laced with the usual references to Great Romans in order to big up his speech, to make it seem more weighty and prestigious by associating his case with Famous Men, something which really counted in this super-patriotic society.

In a related way, he continually makes the case sound as if it’s not about the guilt of just one man, but that the entire fate of the state – and therefore of the entire world (19) – is at stake. This is a familiar Cicero strategy, to make it sound as if the entire world will collapse if his man isn’t acquitted.

And both lines of argument are also connected with Cicero’s relentless flattery of the jury:

  • ‘specially selected men from the most distinguished orders’ (4)
  • ‘the most distinguished men from all the orders’ (5)
  • ‘the brightest luminaries from the most distinguished orders’ (21)

Indeed the final phrase of the entire over-ripe performance is unfettered sucking up to the jury of ‘those who are the best, the wisest and the most brave.’ (105)

Above all else, Cicero’s speech is full of endless references to himself, to his tangled history with Clodius – with an extended description of how it was Clodius’s intimidation which (unfairly) drove him into exile in 58 – and all after he had saved the state, single handed, by his own quick thinking (36 and 73 and yet again at 82).

There is something more than ludicrous about Cicero’s endless self glorification and self justification, his references to the way ‘the entire people of Italy was united by concern for his welfare’ (38), and the later passages which repeatedly refer to his exile and then ‘my restoration’ (39, 68 and 87 and 88).

The reader learns to shiver at the familiar words ‘And as for me, gentlemen…’ which introduce yet another variation on what a hero he was single-handedly saving the state during the Cataline crisis, how unjustly he was terrorised into exile by Clodius, and how ‘all of Italy’ and ‘the entire Roman people’ celebrated his return. One of the most frequent words in a speech by Cicero is ‘me’.

And so it comes as no real surprise, but is still vaguely ludicrous that the final passage in the entire speech is an extraordinarily long eulogy not to Milo, but to himself!

But as things are, Titus Annius, there is one consolation that sustains me – the thought that there is no duty of love, support, or devotion in which I have failed you. I have incurred the hostility of the powers that be for your sake; I have exposed my body and my life many times to the weapons of your enemies; I have abased myself as a suppliant before many people for your sake; I have risked my own property and possessions, and those of my children, by throwing in my lot with yours; and today, if any violence has been arranged, of if there is to be any life and death struggle, then I claim it as my own. What, then, does that leave? What more can I do for you, to repay your services to me, except to consider your own fortune, whatever it may be, my own? I shall not refuse it. I shall not say ‘No’. (100)

Several times Cicero refers to the tears in his eyes as he speaks (‘I can no longer speak for tears’, 105). This is a histrionic performance. He was on a stage. He was playing a tragic death scene, playing to the crowd, tugging the heartstrings of the jury, using every rhetorical and psychological and dramatic trick to align his own auctoritas and his noble self-sacrificing actions with those of Milo, trying to make them both out to be ‘saviours of their country.’

But wait! Cicero has more to say about himself! He always does:

How unhappy I am! What appalling luck I have had! You succeeded, Milo, in obtaining the help of these men in recalling me to my country; shall I be unsuccessful in obtaining their help to keep you in yours? What shall I say to my children, who count you as their second father? What shall I say to you, brother Quintus, who are now far away, but who shared those difficult times with me? That, in attempting to protect Milo’s welfare, I was unable to obtain the help of the very men who had helped Milo to secure my own welfare? Unable in what sort of cause? One that was approved by all the nations of the world. Unable to protect Milo’s welfare from whom? From those who had felt the greatest relief at the death of Publius Clodius. And on whose advocacy? My own. (102)

What terrible crime did I devise or what awful deed did I commit, gentlemen, when I tracked down, uncovered, exposed and expunged those indications of our impending destruction? All my troubles, and those of those close to me, derive from that source. Why did you want me to return to Rome? Was it so that I could watch the expulsion of those by whom my restoration was secured? I beseech you, do not let my return be more painful to me than my departure was! For how can I consider myself restored if I am to be separated from those who were responsible for securing my restoration? (103)

Subsequent trials

One last important thing: because it is so widely considered Cicero’s ‘masterpiece’ and is often read or studied by itself, a false impression is created of Pro Milone as sitting in splendid isolation like a statue on a plinth. It is salutary, then, to learn from the introduction (and from Asconius’s account, which devotes its last 2 pages to the fact) that the Milo trial was immediately followed by a succession of further trials, all related to the events of that day, and that Cicero was just as involved in these trials as in the Milo one.

Far from his world falling apart when Milo was convicted – as his histrionic performance stated – Cicero merely went back to his study and knocked out another defence speech. And another. And another.

Thus, although Milo was found guilty in the trial we’ve been following, and packed his bags and went into exile overnight, he was, in his absence, the subject of three further trials:

  • Milo prosecuted for electoral malpractice (bribery) – convicted in his absence
  • Milo prosecuted under the law on illegal association – convicted in his absence
  • Miilo prosecuted under a different law about illegal violence – convicted in his absence

But the battle between Milo and Clodius’s followers raged on in the courts:

  • Milo’s gang leader, Marcus Saufeius – the man who actually supervised the attack on the inn where Clodius had taken refuge and his actual murder – was tried and acquitted by just one vote – and he was defended by Cicero and Caelius.
  • Saufeius was then immediately retried, under an alternative law about illegal violence, was again defended by Cicero, and again acquitted, this time by a larger majority.
  • Meanwhile, Clodius’s gang leader, Sextus Cloelius, was prosecuted for taking Clodius’s body into the senate building on the day of his funeral, which resulted in the building being set on fire, and was convicted by a near unanimous verdict.
  • A number of other Clodians were tried and convicted.
  • A Clodian ex-tribune, Quintus Pompeius Rufus, was prosecuted by Caelius for the burning of the senate house, convicted and went into exile – Cicero was delighted because Pompeius had been spreading the lie that Cicero had organised Clodius’s murder.
  • Then another Clodian ex-tribune, Titus Munatius Plancus Bursa, was prosecuted by Cicero, also for responsibility in the burning of the senate house, convicted and went into exile.

Plancus’s conviction, in particular, pleased Cicero. We have a letter to a friend in which he says the conviction of Plancus gave him more pleasure than the death of Clodius a) because he preferred justice to be done in a court of law than at swordpoint b) because it reflected well on his friend Milo but – and this is what is so characteristically Ciceronian about the letter and his reasons – because c):

I was especially pleased at the display of good-will towards me on the part of honest men in the face of an astonishing amount of pressure from a very grand and powerful personage [he’s referring to Pompey, who tried to defend Plancus]

As so often in his legal speeches, the whole thing ends up being about him. He goes on to say:

It is a great victory. No braver Roman ever lived than those jurymen who dared to find him guilty in spite of all the power of the very personage who had empanelled them [Pompey]. They would never have done that if they had not felt my grievance as their own.

There is something winningly boyish in Cicero’s complete inability to conceive of justice as an objective factual thing, and persistently see it in solely personal terms, of whether the great figures in the land, judges and juries are for him or against him.

Slavery

Few editors comment on it but I am continually appalled at the casual references to slavery in every one of these old Roman texts. I know slavery was universal and universally accepted, and the editors of all the books I’ve read generally take it for granted – but it never ceases to shock and upset me.

A moment in Asconius’s text is even more upsetting than usual, where he claims that, immediately after the fight on the Appian Way, Milo had travelled to Clodius’s country villa to find his son (presumably to kill him) but, finding the son had been taken away, interrogated the head slave, Halicor, by cutting off his limbs one by one, before going on to murder Clodius’s bailiff and two other slaves.

!

This incident is contained in the Asconius text that Berry includes in this edition and translates, but he nowhere mentions it and it doesn’t, of course, crop up in Cicero’s speech, which makes Milo out to be a noble and patriotic man, the saviour of his nation, a man who had ‘freed his country at his own personal risk’ (72).

But it’s moments like this, the steady trickle of throwaway references to how despicably slaves were treated in ancient Rome without free men blinking an eye, which make me feel physically sick and make all reference to the ‘civilisation’ of the ancient world seem like a mockery.


Related link

Cicero reviews

Roman reviews

Introduction to the defence speeches of Cicero

Marcus Tullius Cicero (106 to 43 BC), without the benefit of coming from a patrician or aristocratic family, rose by hard work to become the leading Roman lawyer and orator of his day. For a generation he dominated the Roman courts, usually appearing for the defence. We know of 88 law speeches he gave and an amazing 58 of them survive in whole or in part. The Oxford University Press publish an excellent paperback containing five of his most famous defence speeches.

(Note that the Latin word pro simply means ‘for’ and takes the ablative case i.e. changes the ending of words and names to ‘o’, so that the speech ‘for Caelius’ is known as ‘Pro Caelio’ and so on – unless the name ends in ‘a’, in which case it stays the same, or already ends in ‘o’ in which case it adds ‘ne’ to the end. These are examples of the kind of rules you have to learn when studying Latin.). The five features speeches are:

  1. Pro Roscio Amerino: his defence of Quintus Roscius Gallus, falsely accused of murdering his father
  2. Pro Murena: defence of the consul-elect Lucius Licinius Murena, accused of electoral bribery (39 pages)
  3. Pro Archia: defence of the poet Archias, on a citizenship charge
  4. Pro Caelio: of Marcus Caelius Rufus , ex-lover of Clodia Metelli, on charges of poisoning and violence
  5. Pro Milone: defence of Titus Annius Milo, accused of murdering Cicero’s hated enemy Clodius

The most obvious thing about the speeches is how long they are. I’ve no idea how long a modern defence address is but Cicero’s speeches occupy 30 to 40 pages of an average paperback and must have taken some time to deliver, especially stopping for all the dramatic pauses, the appeals to the jury and the strategic bursting into tears (he refers to his own tears of grief in several of the speeches). Did he memorise them and deliver them without notes? That, also, is an impressive feat.

The next most obvious thing is how complex the background and context of each case is. If you look them up online, you discover that each of Cicero’s major speeches has an entire Wikipedia article devoted to it because each one requires a meaty explanation of the context of the case: where it stood in Cicero’s career, and then the (generally very complicated) background of the case, including biographies of all the main participants, which themselves only make sense when carefully located within the feverish and tortuously complicated politics of the late Roman Republic.

Many law cases brought in ancient Rome were not objective products of what we think of as ‘justice’ but were entirely motivated by personal rivalries, sparked by the never-ending competition for office, but often just personal feuds or vendettas.

There was no police force in ancient Rome and, crucially, no office of public prosecution, no Crown Prosecution Service such as we have in modern England. In other words, you didn’t take your grievance to the authorities, who then carefully assessed whether there was a case to answer and decided whether to bring a criminal or civil case against a suspect or defendant. None of that framework existed. So people (generally rich and well-connected people) brought cases against individuals off their own initiative, using their own interpretation of the law.

And many of the cases were what I think are, in modern law, called ‘vexatious’, meaning they were not attempts to achieve objective justice but were nakedly biased attempts to game the system in the prosecutor’s favour, often shameless attempts to get political rivals convicted, exiled or maybe even executed. And this was accepted because everyone else was gaming the system, too. Personally motivated accusations and counter-accusations and counter-counter-accusations were the normal procedure.

The courts were one of the principal arenas in which the business of politics in Rome was played out: if you wanted to get rid of a political opponent, you prosecuted him and brought about his exile; if you failed, he might then prosecute you.
(Defence Speeches by Cicero, translated and edited by D.H. Berry, Introduction p.xxvii)

It was also the case that no one could be prosecuted while holding political office. Therefore a lot of the fiercely competitive vying to be elected to ‘magistracies’ or political offices in late Republican Rome was motivated not by keenness to serve, but as a tactic to dodge prosecution.

(This rose to a kind of climax with the political impasse which developed when Caius Julius Caesar refused to give up his command in Gaul and return to Rome unless he could be promised the opportunity to run for consul in his absence [an election he knew he could bribe his way to winning]. His sole reason for doing this being to avoid the prosecutions for corruption and malpractice which he knew he would face if he returned to Rome as a private citizen. Caesar knew this would happen because stentorian Republicans like Cato had made umpteen speeches promising to prosecute him. Therefore he had no choice but to seek election in order to win immunity, and he could only run in his physical absence because he knew that, as soon as he entered Rome as a private citizen, he knew he’d be tried, multiple times until his enemies got the result they wanted. When the senate rejected all his and his supporters’ attempts to negotiate this deal, he was left with no alternative but to enter Italy backed by his legions for security – thus triggering the civil war.)

D.H. Berry’s introductions

So before the reader gets anywhere near the speeches themselves, you have to mug up on their very complex background. And that’s where the OUP edition of Cicero’s Defence Speeches is outstanding. The editor and translator D.H. Berry not only provides an excellent general introduction to the volume, giving us a thorough and vivid overview of Cicero’s life and how it entwined with the complicated political context of the 70s, 60s and 50s BC, before going on to explain at some length the quirks of the Roman legal system…

But he also precedes each of the speeches with an in-depth summary of the political context and specific events which gave rise to it. This sounds simple but is, in each case, impressively complicated and absolutely vital: without a full understanding of the context you wouldn’t know what Cicero was trying to achieve in each speech. Berry is excellent at not only explaining the factual background but the strategy and tactics Cicero adopts in each speech.

General introduction

There were two main types of oratory: ‘forensic’ (from the Latin forensis meaning ‘of the forum’, which is where the public law courts were sited, also known as judicial) and ‘deliberative’ (the display of public oratory in political assemblies).

The Roman first court or ‘public inquiry’ was only set up in 149 BC and was followed by the establishment of further courts set up to try specific types of cases. Juries were large (sometimes hundreds of citizens) and if no court existed for the type of case, the trial was held in front of the entire people in the forum.

The system grew piecemeal for the next 70 years or so until it was swept away by the dictator Lucius Cornelius Sulla in 81 BC. He set up seven courts, designed to try specific types of case, namely murder, forgery, extortion, treason, electoral malpractice, embezzlement and assault.

The make-up of juries was a subject of controversy for decades – as you can imagine, if many cases were politically motivated, then who was allowed to sit on the jury was vitally important to both sides – until a law of 70 BC decreed they should be made up of one third senators, one third equites (or knights) and one third ‘tribunes of the treasury’ (who seem to have been a minor sort of equites).

In the decades that followed, more permanent courts were added, such as one devoted to violence, and other ad hoc types were created as and when required, such as the ‘sacrilege court’ set up to try Publius Clodius Pulcher for his famous dressing-up as a woman to infiltrate the women-only celebration of the Bona Dea being held at Julius Caesar’s house in 61 BC.

There were no public prosecutors. A defendant was prosecuted by the man who brought the case against him and any advocates or eminent men he could persuade to join him. The scope for doing deals and sharing prosecutions with social or political allies who stood to gain from a victory were endless.

Something else surprising: successful prosecutors were awarded their victim’s marks of honour and acceded to their rank in the senatorial hierarchy. So, on the face of it, a very strong motive to bring a prosecution and win.

However, they didn’t gain respect from doing this, often the reverse, and prosecuting was generally seen as an invidious role, unless you were obliged to carry it out by civic or family duty or gross injustice. The role of defender was much more socially respected, which explains why in almost all of Cicero’s cases he appears for the defence. The general idea was to mount one spectacular prosecution to make your name, then seek the safety of defending (a career path Cicero explicitly recommends in Pro Caelio, 73).

Also surprising is that it was forbidden by law to pay a defence attorney. This law had been passed as long ago as 204 BC to prevent bribery, but in a roundabout way led to subtler corruption. Roman society functioned via complex webs of clients and patrons. Patrons gave protection and assistance to clients who in turn waited on their patrons in their houses, in the street, rallied support for them at elections and so on. (These scenes are described by Cicero himself in Pro Murena, 70.)

In a legal setting an advocate (actually called, in Latin, a patronus) was a continuation of this intricate web of allegiances. Cicero might choose to defend a client because he owed them favours (he defended men who had supported him during the Catiline crisis of 63) or to put someone in his debt. It was never done out of charity or public duty. Every relationship, every act in ancient Rome, had undertones of politics and power.

Another surprisingly important factor was personal charisma. Roman trials put less weight on the evidence (they didn’t have the tradition of presenting forensically objective evidence that we do) and much more on the character of the people involved. Often a legal speech spent more time assassinating the character of the accused, or the accuser, than querying any of the supposed facts.

And this extended to the character of the advocate himself. Many of Cicero’s speeches not only defend his client’s character and denigrate the character of the plaintiff, but they also viciously attack the character of the prosecuting attorneys. By the same token, all the speeches in the volume draw heavily on Cicero’s own character and record as part of the defence.

Cicero obsessively invokes the auctoritas he acquired after ‘saving the nation’ during the Catiline crisis, repeatedly describes the risks he ran, the danger he faced, his boldness of action.

In my own consulship I undertook a bold venture for the sake of yourselves and your children. (Pro Milone, 82)

He is not slow to remind everyone that Cato had called him ‘the Father of the Nation’. He does all this in order to bring his (he hoped) huge moral authority to bear on the case.

(For example, when he reminds the jury of his role in saving the nation and then uses this authority to personally vouch for Marcus Caelius Rufus’s good character in Pro Caelio, 77, let alone the half or dozen or more references to it throughout Pro Milone.)

[This emphasis on character and personality is not restricted to Cicero’s speeches. It permeates the histories written at the time. Lacking any theories of society or economics, otherwise intelligent men like Sallust, Plutarch and Suetonius fall back again and again on individual character as the primary engine of history and human affairs, in a manner which we, as heirs to 2,000 years of evermore sophisticated social theory, frequently find naive and simplistic.]

Trials took place in the open air (what happened if it rained?). The presiding magistrate and scribes sat on a raised platform (tribunal) at the front of the court, while the jury (probably) sat on benches slightly raised off the ground. The plaintiff, defendant, their advocates, legal advisers, friends and families sat in two groups to one side. And this diorama was open to the forum and to sometimes huge crowds of the general public who gathered to watch and follow every trial, especially if it was of someone eminent or promised juicy gossip.

Trials were more like theatre than we are used to. The defendant had to wear mourning clothes and not shave or wash for several days in order to present a piteous spectacle. Berry gives examples of defendants who refused to comply with this ridiculous convention and were promptly convicted, regardless of the proceedings, solely because of their affront to tradition.

The prosecution spoke first, laying out the case, then the defence rebutted the prosecution points – only then was any evidence presented. Oddly, to us, in some of Cicero’s speeches he guesses at what the evidence will be.

Slaves could be made to give evidence but only under torture. Nowhere does Cicero refer to the shocking inhumanity of this tradition, which sheds light on the fear of all the slaves in the ‘comedies’ of Plautus and Terence that they might find themselves being tortured if their master gets into any kind of legal difficulty.

The magistrates (praetors) overseeing a case often knew nothing about the law (praetors were elected to hold office for only one year). They simply kept the peace and ensured the rules were complied with. (Cicero is on record as complementing the father of the future Augustus, Gaius Octavius, for his fairness and calm in supervising trials.)

How many jurors were there? Evidence is mixed, but it seems to have been a surprising 75, 25 from each of the three categories mentioned above. Jurors were not allowed to confer and voted immediately after the evidence was presented in a secret ballot. They were each given a wax table with A for absolvo on one side and C for condemno on the other. They rubbed out the letter they didn’t want and popped the table in an urn, then a court official totted up the votes.

If a defendant was found guilty the official penalty was death. But since there were no police and the defendant was never in anyone’s ‘custody’, it was generally pretty easy for them to leave the court, the forum, pack up their things and go into voluntary exile. Before most Italian tribes were given Roman status in 90 BC, this might mean retiring to places like Praeneste (only 23 miles from Rome) but by the time Cicero was a prosecutor it meant having to leave Italy altogether. Massilia, the large thriving port on the south coast of Gaul (modern Marseilles) was a popular destination and was where both Verres, who Cicero successfully prosecuted for corruption, and Milo, who he failed to defend from prosecution for murder, ended up living out their lives in well-heeled exile there.

Rhetorical style

Following his extremely useful and informative summary of Cicero’s career and the apparatus of Roman laws, Berry gives an equally useful explanation of the rhetorical techniques Cicero used in his speeches.

Cicero’s prose style is highly artificial. Sentences are long, sometimes a third of a modern page, sometimes longer. The style is ‘periodic’, meaning the sentences only achieve closure and make their meaning clear right at the end. The result is suspense: the audience hangs on the orator’s words and the succession of subordinate clauses, waiting to find out whether the sentence will end as they expected (with a nice sense of completion) or will deliver a surprise (gasps of delight). You can see how, done well, this could enthral a crowd.

Sometimes clauses are in pairs, to create balance, either/or.

‘For it is not my enemies who will take you away from me but my dearest friends; not those who have on occasion treated me badly, but those who have always been good to me,’ (Pro Milone, 99)

Sometimes they come in threes, to provide a crescendo effect. Pairs and trios create a balanced civilised effect. By contrast, sometimes his sentences pile up 4, 5, 6 7 short clauses to create a machine gun effect, to create something more feverish and frantic.

‘No witness, no accomplice has been named. The entire charge arises out of a malevolent, disreputable, vindictive, crime-ridden, lust-ridden house.’ (Pro Caelio, 55)

Cicero took great care to make sure his clauses ended with certain rhythms. Apparently these cadences were named, categorised and taught by teachers of oratory, although Berry doesn’t list or explain any, and they’re not really detectable in English translation.

The jurors and the public watching the trial knew all about these techniques and assessed speakers on their skill at deploying them. Cicero tells an anecdote about a crowd bursting into applause at an advocate’s particularly elegant turn of phrase.

In addition to rhythm a trained orator could deploy:

Anaphora

The repetition of words or phrases in a group of sentences, clauses, or poetic lines.

If you restore Caelius to me, to his family, and to the country, you will have a man who is dedicated, devoted and bound to you. (Pro Caelio 80)

Asyndeton

The omission of the conjunctions that ordinarily join coordinate words or clauses, as in ‘I came, I saw, I conquered’.

Apostrophe

A speech or address to a person who is not present or to a personified object. Cicero frequently addresses the spirit of dead, venerable Romans, or addresses the spirit of murdered Clodius, or addresses figures not physically present in the court (such as Pompey, directly addressed in Pro Milone).

Exclamation

For example, ‘O gods!’ the speaker pretending to give way to moments of emotion.

Alliteration, assonance and wordplay

Berry assures us these are everywhere present in Cicero but it is, of course, impossible to judge in translation.

Metaphor

One consul handing over to another informs him of the current challenges and issues in much the same way that the captain of a ship putting into port tells the captains of ships just setting out about the weather and pirates (Pro Murena, 4). A metaphor which is revived later in the speech, in the extended comparison of elections to unpredictable ocean currents or storms in (35 to 36).

Rhetorical strategies

At a higher level than specific tricks of rhetoric are larger-scale rhetorical tactics.

Appropriating the prosecution

Often he repeats the points the prosecution has made in order to rebut them. He does this by quoting them but often twisting the points in such a way as to suit himself, to tee up the kind of rebuttal he wants to make – as when he repeats a series of points allegedly made by Cato in Pro Murena, 67 onwards).

Inventing opposition points

One step beyond twisting prosecution points is inventing possible objections to what he’s saying in order to easily counter them. There are hundreds of instances along the lines of:

  • ‘You will no doubt ask me, Grattius…’ (Pro Archia, 12)
  • ‘Someone will surely ask…’ (Pro Archia, 15)

In which he attributes to the opposition lines of attack which he then easily refutes.

Rhetorical questions

Why do I mention his mother and his home when the penalty of the law deprives him of his home, his parent, and the company and sight of his friends? Shall the poor man go into exile, then? Where? To the east, where for many years he serves as a legate, led armies and performed heroic deeds? (Pro Murena, 89)

If Caelius had really given himself up to the kind of life that is alleged, would he, when still a young man, have brought a prosecution against an ex-consul? If he shied away from hard work, if he were enslaved to pleasure, would he do battle here every day, go in search of personal enmities, bring prosecutions, and run the risk of being prosecuted himself? And would he also maintain for so many months now and in full view of the entire Roman people a struggle for one of two things – his own political survival or glory? (Pro Caelio, 47)

Mimicry

As when Cicero imagines the feelings of soldiers called on to vote for Murena and remembering his many achievements in the army of the East (Pro Murena, 36) or mimics the voices of sceptical voters on election day (Pro Murena, 45).

Or the great sequence in Pro Caelio where he pretends to be one of Clodia’s ancestors brought back from the dead to thunder against her immoral behaviour.

There’s another type of mimicry. Surprisingly, the defendant was not allowed to speak at their own trial and so Cicero sometimes speaks for them, in the sense of putting words into their mouths and telling the jury, this is what X said to me, these are his very words.

This is notable at the climax of Pro Milone where sections 94 , 95 and 98 purport to be the sad but stoic speech of Milo himself.

If you combine this technique with ‘apostrophe’, addresses to people either absent or dead, you can see why the speeches are highly dramatic in the sense that there are a surprising number of characters in them, not as in a play, obviously, but being named, addressed, invoked and even attributed whole speeches which are then performed in another voice.

Changing the subject

In Pro Milone Cicero doesn’t bother denying that Milo was responsible for the murder of Clodius, but tries to shift the ground of argument to the issue of whether Milo was acting in justifiable self defence. Specifically, he argues that the incident wasn’t a random accident but a carefully contrived ambush by Clodius and so his client was only responding as Great and Eminent Romans Throughout History had responded i.e. by defending himself. This strategy failed and Milo was convicted.

Invoking famous men

In all the speeches Cicero invokes the memory of Great and Noble Romans from history who he says behaved like his client. It is a variation on invoking his own auctoritas.

Closely related is the Appeal To Patriotism. All of the speeches invoke the idea that jury must acquit his client because The Very Existence of the State is at stake!

‘In this trial you hold the whole country in your hands!!’ (Pro Murena, 83)

Invoking the sad family

At the end of Pro Murena and Pro Caelio Cicero invokes the tragic spectacle of the defendant’s family, his aged father, his weeping mother or wife, on their knees, begging for their son or husband or father to be freed and their family happily reunited.

The Appeal to the Romans’ very strong sense of Family Values seems to have been a tried and trusted, standard strategy (Pro Caelio, 79 and 80).

Crying

In several of the speeches Cicero refers to the fact that he himself is weeping, crying at the spectacle of such a valiant, heroic, brave, virtuous, patriotic, dutiful and wonderful person having been brought low by his fiendish enemies and so utterly deserving of vindication and acquittal that he, Cicero, cannot help bursting into floods of tears, he cannot see the jury, he cannot see the court, he can barely speak for grief!

‘But I must stop now. I can no longer speak for tears…’ (Pro Milone, 105)

Repetition

Obviously the rule of three, or using multiple clauses to say the same thing, or asking a series of rhetorical questions are all types of repetition. But a big feature of all the speeches which Berry doesn’t really address is their repetitiveness. Cicero often says he’s going to address a point, addresses it, tells us he’s finished with it, and yet several pages (a few minutes) later, brings it up again.

I can’t find the precise references now but in the three longest speeches, he has a tendency to make a point, wander off to something completely different, then revert to the same point later. This was the single factor which made reading them difficult for me, the sense that they didn’t have a clear logical flow – a beginning, middle and end – but on the contrary, I found all the speeches rambling and digressive and often hard to follow, with no higher level logic.

Conclusion

The cumulative effect of all these techniques is that the speeches, especially when written down and published (as Cicero took care to have done) are emphatically not the language of ordinary speech. The orator has done a lot of work preparing them and he expects the audience to do some work to appreciate them. It is intended to sound ‘theatrical and high flown’ in Berry’s phrase. The fact that I found them long-winded and often quite confusing maybe says more about my taste, shaped as it is by the 20th century taste for laconic brevity, than Cicero’s verbose and long-winded achievement.

P.S. Adrian Goldsworthy’s comments

Dr Adrian Goldsworthy’s big biography of Augustus contains lots of factual asides about aspects of late Republican Rome. Some of these concern the law and provide context to these speeches:

Legal attacks could easily end a career and so were far more high-stakes than in our society (p.94).

Goldsworthy gives an example of the rhythm of Cicero’s sayings in Latin. This was a throwaway remark he made about young Octavius, laudanum adulescentum, ornandum, tollendum – which means ‘we will praise the young man, reward and discard him’ – and, apparently, caused a serious breach in their relations (p.122) – but it’s one of the few examples I have of the rhythm of Cicero’s language in Latin.

He reinforces the notion that a) since there was no equivalent of the Crown or State, legal cases could only be brought by individuals and b) prosecuting was seen as invidious, unless one was defending family pride or there was a really gross example of wrongdoing – and so accusers tended to be young men out to make a name for themselves with one or two eye-catching prosecutions, before settling into the more congenial and socially accepted role of defence counsel, exactly the career Cicero followed (Augustus: From Revolutionary to Emperor by Adrian Goldsworthy p.43). He repeats the point on page 281:

Prosecution was generally left to the young, and had long provided an opportunity for youthful aristocrats to catch the public eye at an early stage in their careers.

Goldsworthy refers to ‘the aggressive and abusive tone common in Roman trials’ which we’ve seen plenty of evidence of (p.280).

Above all, Goldsworthy makes the most devastating single point about Cicero’s speeches with striking simplicity:

A glance at Cicero’s speeches is enough to show the readiness with which Roman advocates distorted the truth. (p.278)

For all his pontifications about Justice, for all his exhaustive descriptions of Law epitomising Reason In Action – Cicero was a highly professional and convincing liar.


Credit

Defence Speeches by Cicero, translated and edited by D.H. Berry, was published by Oxford University Press in 2000.

Cicero reviews

Roman reviews

%d bloggers like this: