Cicero's Use of Judicial Theater

Chapter 5. Judicial Theatrics beyond Cicero

129 Chapter 5 Judicial Theatrics beyond Cicero As we saw in chapter one, a broad tradition of oratorical theatrics was well established by the time Cicero embarked upon his career in the courts. But how widespread was the use of such showmanship among his own contemporaries? Was he unusual in integrating these techniques into his judicial pleading? Or were such tricks the norm? In this final chapter, I consider some of the examples of judicial theater that we can discern in the speeches of other Late Republican orators. As we shall see, significant methodological obstacles arise when we try to generalize from the limited evidence available to us. Nevertheless, Quintilian’s discussion of oratorical showmanship in the imperial period seems to suggest a strong continuity in judicial theatrics across the centuries. We may begin with the advocate Erucius, who acted as prosecutor in the trial of L. Varenus (Cicero spoke for the defense).1 From remarks made by Quintilian, we can infer that Erucius brought into court a man swathed in bandages, whose wounds he proceeded to reveal in the course of his speech (Inst. 6.1.49: subinde vulnus in iudicio resolvebatur ). This stunt recalls the long-established practice of displaying scars in court for heightened oratorical impact (discussed in chapter one). But since Erucius was speaking for the prosecution, his purpose may have been primarily evidentiary: this visual presentation helped to support the allegation that a violent assault had taken place. Nevertheless, we can assume that Erucius was well aware of the theatrical value of his human prop. The sight of the man’s wounds had an emotional directness as powerful as any words.2 1. The date of Varenus’s trial is uncertain. See Alexander (1990) 175 (no. 368), under “Trials of Indefinite Date.” Marinone (2004) 274 seems to favor a date of 77/76 BCE. Cicero ’s speech survives only in fragments; see Crawford (1994) 7–18. On Erucius, who also served as prosecutor in the case against Roscius of Ameria, see Malcovati (1976) 284–86 (no. 79); David (1992) 762–63. 2. Note that Quintilian regards Erucius’s actions as calculated stagecraft (Inst. 6.1.49: eius modi scaenae). For references to other aspects of the trial, see Quint. Inst. 4.2.26; 5.13.28; 7.1.9; 7.2.36. 130 Cicero’s Use of Judicial Theater Erucius, however, seems to have overplayed the device. Quintilian’s use of subinde, combined with the imperfect tense (resolvebatur), suggests that the advocate could not resist making repeated use of the stooge and his bandages. This heavy-handedness gave Cicero the opportunity to make several witty remarks (Quint. Inst. 6.1.49: multa dixit urbane) that spoiled the intended effect. Indeed he may even have contrived a cleverly disparaging comparison between Erucius’s performance and that of Antonius at the trial of Aquillius.3 Nevertheless, the incident is an important one. It confirms that other advocates toward the start of Cicero’s career were deploying judicial theatrics. It is worth noting too that these tricks were not confined to the peroration of a defense. Further concrete examples, however, are difficult to find. One scrap of evidence from Charisius (a fourth century CE grammarian) suggests that Q. Hortensius, Cicero’s great oratorical rival and colleague, exploited the facial scars of C. Rabirius in a speech in the man’s defense in 63 BCE (probably at a iudicium populi on a charge of perduellio).4 Indeed, Hortensius seems to have adopted the persona of the defendant during this passage (hence mearum in the phrase mearum cicatricum), a device that we have seen Cicero himself use in his defenses of Milo and Roscius of Ameria. But the evidence fails us when we try to reconstruct further details of his performance.5 Other uses that Hortensius made of judicial theatrics are even less clear.6 Cicero describes the man’s general style of delivery as forceful and animated, especially early in his career, and this manner apparently suited well the bustle that orators encountered in the forum.7 Any ac3 . This may be the point behind Cicero’s phrase reported at Prisc. Inst. 3.40: Erucius hic noster Antoniaster est. For the text, see Keil (1855) 112. Cf. Quint. Inst. 8.3.22; Crawford (1994) 15 (fragment 10); 17. 4. For the text, see Barwick (1964) 159, lines 6–8: cicatricum, non cicatricium. Hortensius pro C. Rabirio “cicatricum mearum,” quod emendate dictum sit. Cf. Malcovati (1976) 322. On the possible...