Pro Archia by Cicero (62 BC)

Pro Archia is the shortest of the five speeches contained in the excellent Oxford University Press edition of Defence Speeches of Cicero, edited and translated by D.H. Berry (2000). It’s barely 12 pages long and yet even this slip of a thing requires a detailed three-page introduction from Dr Berry. In it he explains that: Aulus Licinius Archias was born plain Archias in Antioch in Syria in the mid-120s. As a young man he established himself as a poet and travelled round the eastern Mediterranean writing poems to order. In 102 he arrived in Rome and was welcomed into the home of Lucius Licinius Lucullus where he tutored the two young sons. He was sought out by other noble Roman families.

During this period Cicero himself took instruction from Archias (among his other achievements, Cicero was no mean poet) and explains in the speech that gratitude for his old teacher was one reason why he took the case.

As a result of the Social War, most of the tribes and towns of Italy were granted Roman citizenship, under a series of franchise laws. Archias took advantage of these laws to adopt full Roman citizenship, taking the Roman style name Aulus Licinius Archias, the Licinius a tribute to the family who took him in and sponsored him.

Archias accompanied the general Lucius Lucullus to Asia when the latter was put in charge of managing the war against King Mithridates, 73 to 67 BC. Although successful Lucullus lost the confidence of his troops and was replaced, much to his chagrin, by the charismatic general Gnaeus Pompeius (generally referred to as Pompey in English), who wound up the campaign and claimed the credit. Lucullus commissioned Archias to write a poem praising his conduct of the war.

In 65 the tribune Gaius Papius passed a law expelling from Rome all non-citizens who did not have a fixed residence in Italy. In 62 Archias was named in a prosecution alleging he was not a proper citizen and so should be expelled.

Berry explains that Archias had, in fact, done everything necessary under the social laws to gain full citizenship and that therefore scholars have seen the prosecution as politically motivated. it is thought the prosecutor, Grattius, was an agent of Pompey’s who was continuing his vendetta Lucullus by attacking the latter’s pet poet. Alternatively, maybe Grattius undertook the prosecution on his own initiative to curry favour with Pompey.

Therefore, as so often, the case was not a narrowly legal matter, but was embedded in the fraught power politics of the time. The case for Archias’s citizenship was so straightforward that Cicero deals with it in the first few pages. Thereafter he shifts the entire debate away from laws or politics and onto the subject of literature. Thus he was deftly able to avoid alienating either side in the feud – doing the Lucullus family a favour by defending their poet, but without casting any aspersions on Pompey, who is mentioned only once, in a deliberately flattering way (24).

Cicero’s self-centredness and patriotism

This is the third Cicero speech I’ve read and I’ve gotten used to what I at first thought was his immense self-centredness but I’m coming to realise must have been the accepted style – that the speaker dwells at inordinate length on his own experiences and character and his motives for taking the case, his relationship with the accused and so on.

The other thing which is becoming apparent is the immense amount of space devoted to naming famous Romans. These Romans may be forebears of the prosecutor or accused, or people involved in the case for one reason or another, but, as a rule, Roman literature involves an inordinate number of references to previous generations of eminent Romans. If a lot of Cicero’s texts repeatedly refer to himself, this self-centredness is mimicked, at a higher level so to speak, by the way the texts are so very Roman-centric (see below).

The modern reader is tempted to skip past these sections in order to get to the meat, but I am coming to realise their importance in creating a kind of fabric of authority in a text or speech. It is often blatant name-dropping but with the purpose of adding weight and lustre to a client’s case by associating him with great men from the past.

Section by section synopsis

(1) Cicero tells the jury he owes a great deal of his ability as an orator to early training with Achias.

(2) It may seem illogical, given that Achias is not an orator but a poet, but Cicero tells the jury he has always been interested in all branches of culture, which are ‘linked by a sort of common bond’.

(3) He flatters his auditors, describing the magistrate as an excellent man, the jury as a most excellent jury and apologises that he is using a style not conventionally used in a law court, to ‘speak more freely on cultural and literary matters’ than is usual.

(4) He gives a brief resume of Achias’s life: born in Antioch (‘to high ranking parents’); as soon as he reached maturity, devoting himself to literary composition; then plying his trade around the Med, exciting admiration wherever he went.

(5) Arriving in south Italy, Achias was celebrated wherever he went and awarded citizenship of various cities. Arriving in Rome during the consulship of Marius and Catulus he was taken in by the Lucullus household.

(6) A typical display of eminent names: Cicero says Archias was sought out by Quintus Metellus Numidicus and his son Pius, Marcus Aemilius, Quintus Catulus and his son, Lucius Crassus, and was on close terms with the Luculli, Drusus, the Octavii, Cato, and the Hortensii.

(7) Cicero tells that, travelling back from Sicily with Marcus Lucullus, they passed through the town of Heraclea where they took advantage of the law of Silvanus and Carbo to legally make him a citizen. He fulfilled all the requirements and presented himself before the praetor Quintus Metellus to be registered.

(8) Thus, by section 8 of this 32-section speech, Cicero has made his case: Achias cannot be convicted of fraudulently behaving like a citizen because he is a citizen which can be proved by reference to the register of Heraclea – and the citizens who have come from Heraclea to vouch for him – and to ‘a man of the highest standing and the greatest possible conscientiousness and honour’, Marcus Lucullus, who is here in court to testify. Cicero says he could rest his defence right there, after only 3 or 4 minutes of speaking.

(9) Cicero concedes that the town records of Heraclea were destroyed in the Social War but what need for them beside the witness of the town itself. If the prosecution wants proof of Archias’ residence in Rome then this can be presented thanks to the conscientious record-keeping of Metellus, which he goes on to describe.

(10) Two difficult-to-grasp points: Cicero sarcastically says that, when numerous other Greek towns were handing out citizenship to unworthy artisans, he supposes places like Tarentum were unprepared to grant citizenship to one who had gained the greatest glory! This is clearly a kind of exasperated sarcasm but its point is a little lost on us. Then Cicero says Archias didn’t take advantage of the other lists in which he was enrolled but insisted on being counted as a Heraclean – ‘under circumstances such as these, is Archias really to be driven out?’ It’s also a little hard to see the point of this fact, maybe it displays Archias’s nobility in not slipping in as a citizen of umpteen south Italian towns. Both points feel very secondary to the basic key facts he established in sections 7 and 8.

(11) He addresses a specific point of the prosecution that Archias’s name is missing from the census roll. Cicero simply states that at the last census Archias was on campaign with general Lucius Lucullus and that during the census before that he was also absent with Lucullus.

An additional fact: during the period the prosecution alleges Archias was not a citizen, he made a will according to Roman laws, took inheritances left him by Roman citizens and was nominated for a reward from the treasury – i.e. behaved in numerous ways as a Roman citizen and was accepted by other Roman citizens as such.

(12) It is at this point that the speech suddenly detours into a consideration of literature and Archias’s literary importance. Cicero does this, as so often, in a surprisingly personal way, baring his breast and speaking in a vainglorious way:

Yes, I for one am not ashamed to admit that I am devoted to the study of literature… Why should I be ashamed, gentlemen, given that in all the years I have lived, my private pastimes have never distracted me, my own pleasures have never prevented me, and not even the need for sleep has ever kept me away from helping anyone in his hour of danger or of need?

This is pure self-promotion, isn’t it? With a touch of wholly spurious self-dramatisation.

(13) Surprisingly, Cicero then goes on for another paragraph, saying no-one can blame him if he spends the time others devote to sport or games or pleasures on literary study – especially if the study results in the powers of oratory which he puts to the use of his friends in adversity. Why, you might reasonably think, is Cicero clogging up a short speech about Archias’s citizenship with a lengthy apologia of his own penchant for studying literature?

(14) More self promotion as Cicero explains that only the example of great men recorded in literature inspired him to expose himself ‘to so many great struggles and to the daily attacks of desperate men, which I have been facing for the sake of your security.’

(15) Cicero invents a rhetorical question from a fictitious critic, asking whether the great men he invokes were experts in literature. This allows Cicero to concede that many of them probably weren’t but that, nonetheless:

When a natural disposition which is noble and elevated is given in addition a systematic training in cultural knowledge, then something remarkable and unique comes about.

(16) As mentioned above, Cicero then gives a list famous Roman forebears as evidence of the importance of literature to leading Romans of times gone by. He names the younger Africanus, ‘a godlike man’ [who we know Cicero made the key figure in several of his philosophical writings, on the gods, on the republic and on friendship], Gaius Laelius [central speaker in On friendship], Lucius Furius and Cato the Elder. So the study of literature definitely added to the wisdom and honour of these great men.

But he adds a second point, that even if the study of literature did not lead to statesmanlike qualities, still it should be recommended because:

this form of mental relaxation broadens and enlightens the mind like no other.

Whereas other forms of relaxation may be appropriate for specific times and places and age groups, literature is universal:

The study of literature sharpens youth and delights old age; it enhances prosperity and provides a refuge and comfort in adversity; it gives enjoyment at home without being a hindrance in the wider world; at night, and when travelling, and on country visits, it is an unfailing companion.

(17) It may be that some have no taste for literary achievement but surely they can recognise it in others? The great actor Roscius had died earlier that year (62) and was universally mourned when he died and yet he only entertained with his body, with his external self. How much more should ‘extraordinary motions of the mind and quickness of intellect’ be celebrated?

(18) Cicero then testifies to having seen Archias on countless occasions extemporise poetry on the topics of the day. And his written compositions have been acclaimed as equal to the ancients.

Should I not love such a man, should I not admire him, and should I not think it my duty to defend him by every means possible?

As so often, the client is the intended subject of the sentence and yet, somehow, the main presence is Cicero himself, booming his virtue. He goes on to give the standard account of a poet’s divine inspiration which was already, in his time, a stock cliché and would last another 2,000 years:

A poet is created by nature itself, activated by the force of his own mind, and inspired, as it were, by a kind of divine spirit. Rightly does our own great Ennius call poets ‘sacred’ because they seem to us to be marked out by a special gift and endowment of the gods.

(19) Even barbarian races respect their poets. Rocks and deserts have responded to the poet’s voice. Wild animals are turned aside by his singing. Cicero asks, in a typically plangent rhetorical question, whether the excellent race of Romans, alone, will ‘remain unmoved by the voice of a poet’?

He elaborates the point: various cities have competed to claim the great Homer as a citizen, long dead though he is. Is Rome to turn away a great poet who is not only alive, but belongs to Rome both by law and his own choice?

Third point: Archias has devoted much of his time in Rome to celebrating the Roman people. For he wrote a long poem about Marius’s war against the Cimbri, which the general, despite not caring about poetry, was said to like.

(20) And the value of poets is indicated by the way great men have vied to be celebrated by them. Themistocles wanted to hear his exploits celebrated by singers or performers; Marius thought his achievements would be made famous by the poet Lucius Plotius.

(21) Continuing the point, Cicero says that Archias has written a long poem celebrating the war against Mithridates, shedding glory not only on the commander in chief Lucullus, but also on the entire Roman people.

You can see how this is a convenient fact for Cicero because he then goes on to itemise some of the great victories, battles, sieges and so on of the war, all carried to success under the excellent Lucius Lucullus, mentioning his name four times. Sucking up is a crude term, but Cicero was doing it to the great general who was, of course, present in court. Maybe he turned and gestured to him at each name call. Maybe the crowd cheered each namecheck.

Back to the speech, Cicero draws the conclusion that all this writing up of heroic Roman military achievement means that Archias deserves the people’s gratitude:

Those who use their talents to write about such events serve therefore to increase the fame of the Roman people.

(22) It is really important to grasp just how patriotic Cicero was (see the deeply patriotic motive which runs throughout his tract De republica). Here he clarifies that the fancy words about a poet being created by nature and being ‘sacred’ are really only valid when he is praising Rome:

The praises of a poet shed glory not only on the person who is praised, but on the reputation of the Roman people also.

Because this is what all human beings desire:

We are all motivated by the desire for praise, and the best people are the ones who are most attracted by glory.

He repeats the idea that the Roman poet Ennius not only praised great men like Maximus, Marcellus and Fulvius, but shed glory on the whole Roman people and so their ancestors bestowed citizenship on him – are the jury, then, to disenfranchise this citizen of Heraclea who has been sought by so many cities as their own?

(23) A rather garbled passage in which he starts by saying that Greek literature is far more widely spread than Roman, then continues to say that literature not only records deeds of glory but thereby acts as an incentive to men to be heroic.

(24) Thus Alexander the Great kept a bevy of writers with him to record his deeds while in our own day Pompey conferred citizenship on Theophanes of Mitylene because he had written about him, and before his soldiers who shouted a great hurrah because they realised that they shared in the praise and glory of their leader.

(25) Cicero tells a funny story about Sulla who was handed a laudatory poem by the author, scanned it, then awarded him the value of the property he was auctioning at the time on condition that he never wrote another line. But the point is: would Archias have failed to gain citizenship from Sulla?

(26) Or would he have failed to gain citizenship from Quintus Metellus Pius who has given citizenship to so many others and once listened to some rather crude poets from Corduba? Because everyone is motivated by a desire for praise.

(27) More stories about great Romans: Decimus Brutus decorated the entrances to his temples and monuments with poems by Accius; Fulvius took Ennius with him when he went to fight the Aetolians and devoted the spoils of Mars to the Muses. How is this relevant? Because if generals have barely laid down their armour before they are honouring the names of poets, how much more so should jurors who wear the toga of peacetime.

(28) Characteristically, Cicero then decides to share even more about himself and let the jurors know that his exploits during the heroic year of 63 are even now being written up by Archias into an epic poem! For if you take away praise and glory what incentive does anyone have to get involved in great undertakings?

(29) If people had no concept of posterity they would never do anything great or crush themselves under obligations and work. It is the notion that our fame and glory will live on after our deaths which motivates the truly great.

(30) If great men take care to leave behind statues depicting their mere bodies, shouldn’t they take even more trouble to leave a record of their thoughts and deeds? As usual, Cicero adverts back to himself and his own sense that, even as he performed his heroic deeds, he was motivated by the thought that they would live on to aftercomers.

(31) A stirring peroration which summarises all the points to date.

(32) Cicero briefly explains that his speech has been in two parts: the technical part in which he dealt with the accusation, and then the slightly more unusual part where he digressed to discuss his client’s literary achievement and literature in general. He hopes the court will forgive his speaking on this subject.

Thoughts

Pro Archias is often considered important because of its discussion of literature but, as this summary indicates, that’s a little misleading; it would lead the reader to expect an essay about the origins or manner of Roman poetry, but there’s none of that, really. Instead what we get, in my opinion, is an explanation of the social function of poetry, and above all, the purpose of poetry in serving the Roman state, in praising great military leaders, in shining glory on Rome’s great military victories, in incentivising young men to emulate the great military deeds of their forebears.

Cicero is often talked about by his fans as if he is a sensitive, liberal figure and he often is – passages in this speech can be quoted out of context to make him sound like a completely contemporary professor of poetry. But surely, deep down, the evidence of De republica, De legibus and all these speeches is that Cicero has more in common with Kipling‘s notions of a hyper-patriotic literature designed to celebrate Victorious Generals and serve the Great Cause of Empire!


Credit

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

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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

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