JANE w. CRAWFORD M. TULLIUS CICERO THE FRAGMENTARY SPEECHES AN EDITION WITH COMMENTARY AMERICAN PHILOLOGICAL ASSOCIATION American Classical Studies Series Editor David L. Blank Number 33 M. Tullius Cicero The Fragmentary Speeches An Edition with Commentary by Jane W. Crawford Jane W. Crawford M. TULLIUS CICERO The Fragmentary Speeches AN EDITION WITH COMMENTARY Scholars Press Atlanta, Georgia Μ. TULLIUS CICERO The Fragmentary Speeches AN EDITION WITH COMMENTARY by Jane W. Crawford © 1994 The American Philological Association Library of Congress Cataloging in Publication Data Cicero, Marcus Tullius. [Orationes. Selections] M. Tullius Cicero, the fragmentary speeches : an edition with commentary / Jane Crawford. p. cm.— (American classical studies ; no. 33) Includes bibliographical references and index. ISBN 1-55540-939-3 (alk. paper).—ISBN 1-55540-953-9 (pbk.) 1. Speeches, addresses, etc., Latin. 2. Rome—Politics and government—265-30 B. C. —Sources. 3. Lost literature—Rome. I. Crawford, Jane W. Π. Title. ΠΙ. Title: Fragmentary speeches. IV. Series. PA6283.A2 1993 875\01—dc20 93-43553 CIP Printed in the United States of America on acid-free paper TABLE OF CONTENTS Preface ix Introduction 1 Pro Vareno 7 Cum quaestor Lilybaeo decederet 19 Pro P. Oppio 23 De or Pro C. Manilio 33 De rege Alexandrino 43 Pro C. Fundanio 59 Pro C. Cornelio I and II 67 ProQ. Gallio 149 In toga Candida 163 De proscriptorum liberis 205 De Othone or Cum a ludis contionem avocavit 213 Contra contionem Q. Metelli 219 In P. Clodium et Curionem 233 Pro P. Vatinio 271 De aere alieno Milonis 281 In P. Servilium Isauricum 305 Pro negotiatoribus Achaeis 311 Bibliography 315 Manuscripts and Editions Cited 315 Secondary Literature 325 Index Fontium 335 Index Nominum 341 Index Rerum Preface This book has been long in the writing, and there are many institutions and individuals who have helped me on the way. It is a pleasure to acknowledge their support, financial and other. The American Academy in Rome has been for me the "locus amoenus" where I spent many happy months working on this book. Over the years, I have returned to the Academy library with the greatest pleasure, confident that the resources I needed would be at hand, and that the staff, especially Lucilla Marino and Antonella Bucci, would provide whatever help I needed. I worked there on this project for periods ranging from a few days to several months at various times in the 1980s and 90s, and I am grateful to the Academy for those opportunities. I would also like to acknowledge the support of the Institute for Advanced Study in Princeton, where I was a Fellow of the School of Historical Studies in 1988-89. I received excellent guidance from Professors Christian Habicht and Glen Bowersock, and enormous support from the Library staff. In 1989-90, while on sabbatical, I worked in the University Library of Padova, the Library of the Facolta of Classics, and the Marciana. I would like to thank their staffs as well, for their kindness and patience. Likewise, I have benefitted from the wonderful collections of the British Library, and have appreciated the opportunity to be among the last group of scholars to work both in the inspirational Round Reading Room and in the North Library, whose pleasant staff I will miss. It would not have been possible to visit any of these venues were it not for the support of the Dean, Sr. Mary Milligan, R.S.H.M., and the Research Committee of Loyola Mary mount University. I am very grateful to the University for continuous encouragement and financial help in making it possible for me to devote much of my summer research time to work on the fragmentary speeches. I have also become indebted to many scholars in writing this book. I cannot acknowledge them all in this small space, but I would like to name some people without whom I never would have finished the book. Professor Erich Gruen of the University of California at Berkeley has been my guide and mentor throughout this project, and has generously shared with me his incredible knowledge of Roman history and his keen insights into the political milieu of Cicero and company for more than a decade. I have also had much guidance and Cicero: The Fragmentary Speeches χ support from Professor Andrew Dyck of UCLA, and have enjoyed long conversations with him on matters Ciceronian. Fergus Millar, Michael Reeve, Nicholas Horsfall, Ann and Darby Scott, Matthew Dillon, Harry Gotoff, Jeffrey Tatum, Christopher Craig, John Ramsey, Charles Segal and Ted Champlin have all read some or all of this work at various times, and have given me the benefit of their advice, suggestions, and corrections. They have saved me from many errors of content and presentation, and I am grateful to each for their care and concern. The anonymous readers for the ΑΡΑ also deserve thanks for their helpful criticisms and comments. I would also like to thank the current editor of the ΑΡΑ Monograph series, David Blank, and the former editor, Matthew Santirocco, for their encouragement. The technical advisors at Scholars Press, Dennis Ford and Darwin Melnyk, have patiently seen me through the creation of camera-ready copy, and Jamie Jardine at Collegiate Press did a wonderful printing job. And I am extremely grateful to my research assistant, Michelle Roland, for her cheerful skill at the computer and her wonderful eye for proofreading. I could not have done it without her help. My sister, Katie Johnson, and my daughter, Katie Crawford, have always believed in me, and I thank them. But my greatest thanks I owe to my wonderful husband, Bernard Frischer. A classical scholar and author himself, he has guided me and encouraged me and kept me from giving up on Cicero over and over again. His knowledge of all things classical has stirred me to investigate all the possibilities; his questions have made me look for answers I never would have suspected; his energy and drive have sustained me on this long journey of scholarship. Bernie is truly a scholar, and he has helped me to become one too. For his patience and his love, his support and his appreciation, I give him all my thanks. I dedicate this book to him, mi carissime et optime vir. Los Angeles, California December 1,1993 INTRODUCTION The present volume contains testimonia and fragments of Cicero's speeches which circulated in antiquity but which have since been lost. They are known primarily from citations by Cicero himself and by later authors and from the lemmata of the scholia on Cicero's speeches.1 The range of ancient sources which preserve the fragments of the speeches is very wide, beginning with Cicero and going all the way to the 6th century A. D. Most of the citations come from rhetoricians and grammarians such as Quintilian, Priscian, Aquila, Charisius, Arusianus Messius and the like, who picked.out words or phrases from the speeches available to them for comment. These are generally rather short, sometimes limited to a single word. On the other hand, the scholiasts— Asconius Pedianus and the so-called Bobbio scholiast—preserved longer bits of the speeches on which they commented at length. As to the circumstances which led to the damage (or, in some cases, to the near complete loss) of these speeches, there is no clue. Nor can an ancient pattern of publication or of collection be adduced which would account for the loss of these particular orations.2 The extant fragments come from speeches given as early as the 70s, near the beginning of Cicero's political career, and as late as 43 Β. C, the year of his death. They include speeches before the senate, before various quaestiones, in contiones to the people. They deal with private law, crimes against the state, elections, public business, religion. There are among them speeches on behalf of friends, legal clients, political associates, and against enemies, competitors, political opponents. Even their titles range from A to V! So there is no theory—except for the operation of chance—by which to ^ee L. D. Reynolds, ed., Texts and Transmission (Oxford 1983), 54-57. The authors of the section on Cicero's speeches, M. D. Reeve and R. H. Rouse, comment as follows on the fate of the speeches of Cicero: "...not all have travelled the long road from the forum to the libraries of the present day....Others...reached the fifth century but not the Middle Ages" (54). 2On the question of how collections of the speeches were organized in antiquity, see J. E. G. Zetzel, "Emendavi ad Tironem: Some Notes on Scholarship in the Second Century A. D.," HSCP 77 (1973), 225-243, who points out that the problem "has not been adequately studied" (230 n21). That chronological arrangement must have existed in antiquity is proved by the existence of Paris. Lat. 7794; on this see Reynolds, 57 ff. But the medieval picture is mostly one of random or seemingly random collections (ibid.). ι 2 Cicero: The Fragmentary Speeches explain their damage and loss. Nor may we infer that the speeches from which the citations come necessarily survived in their entirety as late as the lifetime of the person quoting Cicero, since it is always possible that he was working at second hand. That these speeches are preserved to any extent at all is itself remarkable. Equally remarkable is the fact that they have not received more systematic attention in the past. Each speech is a valuable source of information about Cicero, his career, and the turbulent times in which he lived. At the time of their delivery, each speech was considered important enough by Cicero to publish.3 Nevertheless, the harvest of modern scholarship on them is quite meager. These materials were first collected in 1559 by the famous North Italian humanist, Carlo Sigonio.4 Within two years of Sigonio's edition, the great Polish churchman and man of letters, Andrzej Nidecki (his Latin nom-de-plume is Andreas Patricius), published his collection of the fragments of the speeches.5 This work improved on its predecessor by adding four new speeches to those already published by Sigonio, and by expansion of Sigonio's commentary.6 Patricius also published a second edition of his collection, in 1565, with indices and an augmented commentary.7 Useful as Patricius' collection was, it seems not to have had a large print run and so has remained less known than it deserves to be. Since this productive flurry of activity in the sixteenth century, most of the labor expended on Cicero's fragmentary speeches can be fairly characterized as "riscaldare la minestre." Exceptionally important contributions were made by Angelo Mai and Amadeus Peyron in the nineteenth century, and in our century 3 An exception to this is the strange speech in P. Clodium et Curionem, on which see below, 233-269. On the publication of speeches by Cicero, see J. W. Crawford, M. Tullius Cicero: The Lost and Unpublished Orations (Gottingen 1984), 1-7. ^Fragmenta Ciceronis, Caroli Sigonii diligentia collecta. Venetiis, ex officina Stellae, Iordani Zilleti, 1559. Sigonio published a second edition, with some additions and changes and a limited commentary, in 1560: Fragmenta Ciceronis, passim dispersa, Caroli Sigonii diligentia collecta et scholiis illustrata, quae secunda pagina indicat secunda editio. Venetiis. Ex officina Iordani Zilleti, 1560. I have not included in my count of fragmentary speeches the pro Tullio, pro Fonteio> de lege agraria, in Pisonem, and pro Scauro, which were known to both Sigonio and Patricius, because in large part the texts of these orations have since been discovered. See below, 4 nl3. On Sigonio (1522/3-1584), see W. McCuaig, Carlo Sigonio. The Changing World of the Late Renaissance (Princeton 1989). ^Fragmentorum Μ. T. Ciceronis tomi MI, cum And. Patricii adnotationibus. Venetiis, Ziletum, 1561. On Patricius (1522-1587), see L. Hajdukiewicz, Polski Slownik Biograficzny, vol. 22 (Warsaw 1977), 713-717. ^Sigonio's 1559 edition had fragments of 15 speeches; he added two more in the 1560 edition. Patricius may not have been aware of Sigonio's additions, because one of them, the de Othone, is not in Patricius' edition of 1561. (He added it his edition of 1565). 7M. T. Ciceronis Fragmentorum tomi MI, cum And. Patricii adnotationibus. Indices. Venetiis, Stellae lor. Zileti, 1565.