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FRL III: ORATORY, PART 1

On His Own Behalf (F2)

F 2 Cic. Brut. 304

[Cicero:] ... exercebatur una lege iudicium Varia, ceteris propter bellum intermissis; cui1 frequens aderam, quamquam2 pro se ipsi dicebant oratores non illi quidem principes, L. Memmius et Q. Pompeius, sed oratores tamen teste diserto utique3 Philippo, cuius in testimonio contentio et vim accusatoris habebat et copiam.

62 Q. SERVILIUS CAEPIO

Q. Servilius Caepio (cos. 106 BC; RE Servilius 49) fought successfully in Hispania as praetor and later, after his consulship, in Gaul, where he conquered Tolosa (modern Toulouse). After the money captured there was lost on its way to Massilia (modern Marseille), he was regarded as being responsible. Caepio was then defeated in the fighting against the Cimbri and Teutoni (Germanic tribes) at Arausio (modern Orange, France). Subsequently, he was taken to court because of the loss of the gold from Tolosa and because of the defeat (TLRR 65, 66; T 1; Cic. De or. 2.199–200: 65 F 29; Oros. 5.15.25; cf. LPPR, pp. 325–26, 327). In defense, Caepio spoke before the Tribunes of the People to explain the loss of his army (F 2). He was unsuccessful, and his property was confiscated (Liv. Epit. 67). Accord-

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62 Q. SERVILIUS CAEPIO

On His Own Behalf (F 2)

F 2 Cicero, Brutus

[Cicero:] ...the court was kept busy by cases under asingle law, the Lex Varia; the others were suspended because of the war [Social War, 91–88 BC]. At its hearings I was present regularly, although those speaking in their own defense were surely not orators of the first rank, L. Memmius and Q. Pompeius [Q. Pompeius Rufus (83), F2], but orators nevertheless, according to the undoubtedly eloquent witness Philippus [L. Marcius Philippus (70), F 11], whose vehemence in testimony had both the force and the oratorical fullness of a prosecutor.

62 Q. SERVILIUS CAEPIO

ing to Valerius Maximus, Caepio died in prison (Val. Max. 6.9.13) or was freed by another Tribune of the People and led into exile (Val. Max. 4.7.3); the latter version is supported by Cicero (Cic. Balb. 28). The Tribune of the People who prosecuted Caepio, C. Norbanus (tr. pl. prob. 103 BC; cf. MRR I 565–66 n. 7), was later charged with maiestas minuta (see 65 F 22–30).

As consul, Caepio had proposed a law according to which senators would again have a decisive role in the courts (Cic. De or. 2.199–200: 65 F 29; Inv. rhet. 1.92; Lex Servilia iudiciaria: LPPR, p.325).

In Cicero, Caepio is introduced as an eloquent speaker (T 1).

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DOI: 10.4159/DLCL.fragmentary_republican_latin-oratory.2019