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FRL III: ORATORY, PART 1

On Public Land in the Senate (F2)

F 2 Cic. De or. 2.284

[Caesar Strabo:] sed ex his omnibus nihil magis ridetur quam quod est praeter expectationem; cuius innumerabilia sunt exempla ut Appi maioris illius,1 qui in senatu, cum ageretur de agris publicis et de lege Thoria et peteretur Lucullus2 ab iis, qui a pecore eius depasci agros publicos dicerent, “non est” inquit “Luculli pecus illud; erratis”—defendere Lucullum videbatur—; “ego liberum puto esse; qua lubet, pascitur.”

25 M. AEMILIUS LEPIDUS PORCINA

M. Aemilius Lepidus Porcina (cos. 137 BC; RE Aemilius 83), after his consulship, fought in Hispania, where he suffered a severe defeat, as a result of which he lost his command (Liv. Epit. 56; App. Hisp.80–83; Oros. 5.5.13) (TLRR 12). In 125 BC he was punished by the censors for extravagance (Vell. Pat. 2.10.1; Val. Max. 8.1.damn.7).

In Cicero, Porcina is described as a great orator and writer, notable for his style, as the first to use periodic

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25 M. AEMILIUS LEPIDUS PORCINA

On Public Land in the Senate (F 2)

Ap. Claudius Pulcher is most likely the Appius who made a comment in a discussion on the use and distribution of public land.

F 2 Cicero, On the Orator

[Caesar Strabo:] But out of all these [types of witty remarks] nothing causes more amusement than what goes against expectation; of this there are countless instances, for example, the remark of that Appius the Elder, who, in the Senate, when there was a debate about public lands and the Lex Thoria [proposed by Sp. Thorius (53A)], and Lucullus [or Lucilius?] was being attacked by those who asserted that public lands were grazed down by his herd, said “That herd is not that of Lucullus; you are making a mistake”—he seemed to be defending Lucullus—; “I believe that it does not have an owner; it grazes where it pleases.”

25 M. AEMILIUS LEPIDUS PORCINA

structure, as extant speeches attest (T 1), and as an example of archaic eloquence (T 2); elsewhere, it is mentioned that he, like other orators, did not know very much about the law and the institutions of the ancestors (T4). In the Rhetorica ad Herennium Porcina is listed as one of the writers from whom examples for students could be drawn (T 5).

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DOI: 10.4159/DLCL.fragmentary_republican_latin-oratory.2019