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FRL III: ORATORY, PART 1

Against L. Calpurnius Bestia (F5)

In 109 BC C. Memmius prosecuted L. Calpurnius Bestia (cos. 111 BC), defended by M. Aemilius Scaurus (43), according to the Lex Mamilia (cf. 53), since Bestia was said to have accepted money from Jugurtha (TLRR 54). The

F 5 Cic. De or. 2.283

[Caesar Strabo:] bellum etiam est, cum quid cuique sit consentaneum dicitur, ut cum Scaurus non nullam haberet invidiam ex eo, quod Phrygionis Pompei locupletis hominis bona sine testamento possederat, sederetque advocatus reo Bestiae, cum funus quoddam duceretur, accusator C.1 Memmius “vide,” inquit, “Scaure, mortuus rapitur, si potes esse possessor.”

61 L. MEMMIUS

L. Memmius (RE Memmius 12) was presumably a brother of C. Memmius (60); in Cicero both of them are said to be mediocre orators, focusing on prosecutions (T1). A L. Memmius (RE Memmius 14) defended himself in 90 BC

T 1 Cic. Brut. 136

= 60 T 1.

366

61 L. MEMMIUS

Against L. Calpurnius Bestia (F 5)

transmitted phrase looks like an impromptu remark directed against the advocate rather than part of a set speech.

F 5 Cicero, On the Orator

[Caesar Strabo:] It is also nice when it is pointed out what goes with each one’s individual characteristics, as when Scaurus [M. Aemilius Scaurus (43)] was incurring considerable resentment for the reason that he had taken possession of the estate of Pompeius Phrygio, a wealthy man, without a will, and he was sitting in court as an advocate for a defendant named Bestia, when some funeral happened to pass by, the prosecutor C. Memmius said: “Scaurus, a dead man is being carried past; see if you might be nominated heir.”

61 L. MEMMIUS

(F 2) when charged under the Lex Varia de maiestate (see 88), but it is regarded as unlikely that he is the same L. Memmius.

T 1 Cicero, Brutus

= 60 T 1.

367
DOI: 10.4159/DLCL.fragmentary_republican_latin-oratory.2019