CICERO
1 PRO L. VARENO
The defense of L. Varenus on charges of murder seems to have been an early case (“80 or in early 70s”: TLRR 368). It is similar to the defense of Sextus Roscius (dated to the year 80) in several respects: both apparently occurred in the aftermath of the civil war and/or Sullan proscriptions (cf. F 2); in both the opposing counsel was C. Erucius, a professional prosecutor (F 10);1 both involve a cast of characters from Umbria (Ameria and Fulginas [F 3 and 4]); and in both Cicero deployed a strategy of counteraccusation
1 T 1 Quin t. Inst. 4.2.24–26
Nam cum prohoemium idcirco comparatum sit ut iudex ad rem accipiendam fiat conciliatior docilior intentior, et probatio nisi causa prius cognita non possit adhiberi, protinus iudex notitia rerum instruendus videtur. Sed hoc quoque interim mutat condicio causarum . . . Ergo hae quoque quaestiones vim prohoemii optinebant, cum omnes iudicem praepararent. Sed pro Vareno quoque postea narravit quam obiecta diluit. Quod fiet utiliter quotiens non repellendum tantum erit crimen, sed etiam transferendum,
1 ON BEHALF OF L. VARENUS
1 ON BEHALF OF L. VARENUS (ca. 80 bc)
against persons associated with the prosecution (in Rosc. Am. the defendant’s relations T. Roscius Magnus and T. Roscius Capito; in this case, the slaves of C. Ancharius Rufus: T 4, F 9) and the cui bono (to whose advantage?) argument (Rosc. Am. 84–88; F 6). But this time the strategy failed, and Varenus was convicted (T 6). Quintilian admired the speech’s unconventional approach, violating norms in order to offer the defense best suited to the case (T 1, 3; cf. T 8).
1 T 1 [= T 5] Quintilian, The Orator’s Education
Since an exordium is provided so that the judge may become more inclined to hear the case, readier to learn, and keener to listen, and proof cannot be adduced unless the case has first become known, it seems that the judge must be equipped with a knowledge of the facts right away. But the circumstances of a case sometimes even change this . . . These issues, then, were tantamount to an exordium since all of them prepared the judge in advance. But in On Behalf of Varenus he also narrated the facts after he refuted the charges. This will prove to be advantageous whenever a charge must be not merely repelled but also