Mario Lentano (Siena)
Parricidii sit actio:
Killing the Father in Roman Declamation*
Abstract: The present article offers a large-scale survey of the Latin declamations
dealing with parricide. Because of the importance of the father/son relationship
in Roman culture, the topic of parricide is widespread, being attested in both
declamatory collections and rhetorical handbooks. Examination of the topic
sheds light on the contradictions and pathologies of the Roman family and provides a glimpse into the dark side of a strongly patriarchal society.
1
The importance of the father/son relationship to Latin declamation is well known
and should not surprise anyone, given the special position of the father in the
structure – and imagination – of Roman society. This aspect of school rhetoric is
probably better understood today than at any point in the past thanks to numerous scholars who have dealt with the subject, e. g.: Yan Thomas, Lewis Sussman,
Elaine Fantham, Marc Vesley, Afredo Casamento, Bé Breij, and many others.1 As
to the specific topic I will address in this paper – parricide – we also benefit from
the expertise of Lucia Pasetti, whose excellent commentary on Ps.Quintilian’s
* I read an early version of this paper before the 17th Biennial Conference of the International
Society for the History of Rhetoric, held in Bologna in July 2011: I want to thank all of those who
hosted us in that prestigious setting, and who discussed the content of my paper with me. My
gratitude must also go to Maurizio Bettini and my colleagues Graziana Brescia, Lucia Pasetti,
Marcello Salvadore, who read the manuscript and improved it by their suggestions – remaining,
of course, innocent of any factual or conceptual errors that may remain. Finally, I am grateful to
William Short for his masterful translation. The most frequently quoted texts are given in the English translation of Russell 2001 for Quintilian, of Shackleton Bailey 2006 for the Declamationes
minores, of Sussman 1987 for the Declamationes maiores, of Winterbottom 1974 for Seneca the
Elder, of Rolfe 1914 for Suetonius and of Freese 1930 for Cicero’s Pro Roscio Amerino.
1 Thomas 1983; Sussman 1995; Fantham 2004; Vesley 2003; Casamento 2002, 71–99; Breij 2006
and 2007. Broad-reaching, but in my opinion methodologically debatable, is the discussion of
paternity in declamation by Gunderson 2003. Cf. also Imber 2008, whom I want to thank for
giving me a draft copy of her contribution. Finally, I have dealt with fathers and sons in school
rhetoric elsewhere, above all in Lentano 1998 and 2009 and in Brescia-Lentano 2009, 69–94,
where further bibliography may be found.
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Declamationes maiores, 17, involving a trial for attempted patricide, reflects her
special knowledge of school rhetoric and of this declamation in particular.2 Nevertheless, I wish to contribute to this collection of studies by making certain integrative observations, as well as certain corrections, and by suggesting an overall
assessment of the corpus of texts taken into consideration.
2
We can begin by surveying the available evidence in extant collections of controversiae. A brief lexical clarification is necessary, however. There has been much
debate over the meaning of the terms parricida and parricidium in Latin declamation: Thomas’ hypothesis – that in the declamatory texts these terms denote
principally the killing of the father – has been appropriately amended,3 since in
all the collections at our disposal their range of meanings in fact turns out to be
quite broad. For example, parricidium can designate the murder of one brother
by another, and also – somewhat less dramatically – the behavior of someone
who refuses to help his own brother fallen on hard times. The term crudelissimus
parricida can even refer to a father who has allowed (according to his wife) one
of his twin sons to die – notwithstanding his hopes of discovering thereby a way
to save the other twin’s life – or who has tortured his son to death on suspicion of
incest with his mother, or who has simply put a spell over his son’s tomb to put
an end to his ghostly visitations to his mother’s dreams.4 A mother, who leads one
of her sons to commit suicide after learning that this is the only way to save her
husband from blindness, is also guilty of parricidium, as is the mother accused
of poisoning her son to prevent him from testifying against her on the charge of
adultery.5 A vir fortis can be called parricida if he kills his deserter son – though
2 Pasetti 2011. She has dealt with the Decl. maior. 17 also in previous works: cf. Pasetti 2007,
2008, esp. 137–47, and 2009–10.
3 The hypothesis I refer to is in Thomas 1981, and its most elaborate refutation is in Lassen 1992;
cf. also Berti 2007, 323 n. 3 and above all Pasetti 2011, 16–18.
4 The specific passages are: for parricidium/parricida referring to killing the brother, Sen. Contr.
7.1.1, 5, 6, 7, 9, 10, 15, 16, 17, 22, 23; Ps. Quint. Decl. min. 286.9; 321.6 and 11; Calp. Flacc. Decl. 21.7
(here as elsewhere, citations of Calpurnius Flaccus refer to Håkanson’s edition); for failing to
give assistance to a brother in difficulty, cf. Sen. Contr. 1. 1. 23 (with the note ad loc. in Winterbottom 1974); fathers called “parricides”: Ps.Quint. Decl. maior. 8.1, 2, 4, 6, 8, 11, 14, 15, 19, 21;
10.17; 18.1, 2, 3, 5, 8, 11, 14, 15, 17.
5 Cf., respectively, Calp. Flacc. Decl. 10.8; Ps.Quint. Decl. min. 319.2, 3, 5. The declamation of Calpurnius Flaccus can be compared with the theme of Sopater, Quaestionum divisio, 59, in which,
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this is precisely what is required of him by a law posed in the theme. There are
also cases where parricidium refers to the killing of a patronus (e. g., the case of
Popillius, Cicero’s assassin), or where it seems to be used in reference to treason
or even to designate the plans of a young man who wishes to become tyrant.6
Furthermore, a systematic analysis of the declamatory texts controverts any
claim that parricidium and parricida, in declamation, refer above all to the killing
of a father. And yet this definition is to some degree correct, as it recognizes that
extended uses of the concept of parricidium appear almost exclusively within the
declaimers’ treatment of the controversiae. In the theme, on the other hand –
or in the laws that regulate its formulation – the category of parricidium refers
most frequently by far to the killing of a father, while other terms are used for
these other crimes. Thus, in the case of the mother who is accused of killing her
son as a potential witness against her, the term parricidium occurs at least three
times in the text to indicate the woman’s crime, whereas in the theme it is said
that the husband vult agere cum uxore veneficii.7 Similarly, treason is described as
parricidium in the body of Declamationes minores, 371, but in the theme the term
proditio is used.8 Even in cases of the greatest deviation from the juridical value
of parricidium, when the term is used to designate a father who has killed his son,
however, the mother does not appear, but it is the son who decides to commit suicide after having learned that the oracle has prophesied the father’s recovery from blindness on this condition alone. I note parenthetically that in the text of Ps.Quintilian, the rhetor who represents the
position of the husband claims that the woman is inter prodigia numeranda (319.2), an assertion
surely related to the “unnaturalness” of infanticide committed by a mother, typically seen in Greco-Roman culture as more loving of children than fathers; and yet the impression remains that
the rhetor is applying a motif – comparing parricide to a monstrum or even to a prodigium – most
famously attested by Cicero’s Pro Roscio Amerino, an inevitable point of reference for declaimers
dealing with the theme of parricide and applied here to a crime that is in fact later described as
parricidium. Cf. Cicero, Pro Roscio Amerino, 38 and 63; cf. also, among others, Ps.Quint. Decl.
maior. 8.14 (quod tu monstri portentique genus es? [“what kind of monster or beast are you?”],
immediately before parricidium); Emporius 566, 30 f. Halm (where the prodigium rests in the parricide having been committed by a virgo: I am grateful to Luigi Pirovano for kindly pointing out
this passage).
6 The Senecan declamation on Cicero and Popillius is Contr. 7.2, on which I refer the reader to
Lentano 2011a; for the other references, cf. Ps.Quint. Decl. min. 315.18; 371.3; 322.4.
7 Cf. 319, theme. Similarly, Sulpicius Victor, Institutiones oratoriae, 331.14–332.16 Halm, in which
a wife is accused of veneficium in the theme, whereas in the rhetor’s analysis she is called rea
parricidii (331.27 H.).
8 Cf. 371, theme: qui proditionis patrem reum habebat fortiter pugnavit [“a man whose father was
charged with treason became a hero”]. Popillius, who in the treatment of Sen. Contr. 7.2 is repeatedly accused of parricidium and qualified as parricida for having killed the man who successfully
defended him in court, is said to be guilty de moribus in the theme.
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the theme focuses on the wife’s accusation of mala tractatio (cf. Ps.Quint. Decl.
maior. 8, 10, 18 and 19).9
Therefore, parricidium and parricida are strongly polarized around the
meaning of “killing of the father” in the themes of Latin controversiae. In the
controversiae themselves, however, the two terms exhibit a much wider and
more varied range of senses. The purpose of extending this term to cover other
(lesser, or at any rate different) crimes appears to be to discredit the opposition
or to defend oneself from an accusation by imputing the responsibility for one’s
behavior to a detestable crime – “parricide” in its broadest sense – of which the
plaintiff himself would be found guilty. As occurs very often in Ciceronian oratory,
the concept of “parricide” lends itself, in short, to being a kind of hyperonym for
a series of criminal acts that have specific, limited juridical consequences, but
that, when subsumed under this label, acquire a greater degree of despicableness, with undertones of extreme violence and impiety.
3
Having specified that what interests us here is the “parricide” sensu strictiore
(i. e. “patricide”) of which Latin declamation speaks,10 we can return to the texts.
An initial distinction must be made between those cases in which the death of
the father is already established and those whose aim it is to ascertain the son’s
9 And in the rhetorical manuals, e. g., Consultus Fortunatianus, Ars rhetorica, 1.15, p. 87, 12–14
Calboli Montefusco (= Grillius, Commentum in Ciceronis Rhetorica, 1.15, p. 71, 17 f. Jakobi). Speaking of deviation from the juridical value of parricidium, I refer to the meaning that was given
to this term in the Lex Pompeia de parricidiis, which the declaimers obviously know (cf. most
recently Pasetti 2011, 16–20), but which did not include under “parricide” the killing of a child by
the father, likely because this was one of the prerogatives granted by patria potestas (cf. the note
of L. Calboli Montefusco to Consultus Fortunatianus, Ars rhetorica, 1.11, p. 298).
10 In Latin declamation, jurisdiction for attempted parricide is unclear: in some cases, it falls
to the father to arbitrate by means of domestic trial (e. g., in the theme of Sen. Contr. 7.1, alterum
ex adulescentibus domi parricidi damnavit [“he convicted one of the youths privately for parricide”]), in others the accused is taken before a public tribunal. The first case (which seems to
be the rule in the real world, at least according to Thomas 1981, 703 f. and 2002, 30) is sometimes the subject of explicit comment on the part of declaimers, as at Sen. Contr. 7. 1. 22 ad expiandum scelus triumviris opus est, comitio, carnifice. tanti sceleris non magis privatum potest
esse supplicium quam iudicium [“to expiate wicked deeds one requires triumvirs, the place of
assembly, the executioner. For such a great crime the punishment can be no more private than
the trial”].
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presumed homicidal intentions.11 To the second group belong Seneca, Controversiae, 3.2, in which a father disowns his son after the latter has been acquitted by
hung jury of attempted parricide; 5.4, in which an accusation of parricide is made
by one son against another, who, having taken a journey with his father, returned
alone – an accusation ultimately proved unfounded when the father returns;12
7.1, in which a father finds his son guilty of attempted parricide in a domestic trial
and entrusts the execution to a second son – who, however, prefers to put his
brother on a decommissioned ship that is set adrift.13
In Ps.Quintilian’s Declamationes maiores, those suspected of parricide are:
first, the two blind men, protagonists of the declamations opening the collection, Paries palmatus and Caecus in limine. Technically, these are ἀντικατηγορίαι,
reciprocal accusations between sons and stepmothers after a father/husband has
been found murdered in his bed during the night.14 A special case is that of the
fourth Maior, in which a son asks to be killed after he learns of a prophecy that he
will first become a distinguished war hero, and then kill his own father.
Among the Declamationes minores, 299 (Ossa eruta parricidae) deals with
this theme. On his deathbed, a father confesses to his daughter that he has
been poisoned by her two brothers. One of the two sons commits suicide, and
the other is found guilty at trial and condemned to being abandoned without
burial, according to the law Parricidae insepulti abiciantur (probably to be understood, as a variant of the classic “punishment of the sack”). However, when the
daughter disinters the bones of the brother who has killed himself, she in turn
is accused of violating his tomb.15 In 314, a parricide is again acquitted by hung
jury – except that the accused, overcome by madness, begins to wander the city
shouting “I killed you, father.” He is then brought to justice by a magistrate, on
the grounds of a law stating that confessed criminals are to be condemned; but an
accusation of homicide is then made against the judge. Decl. min. 322 plays on the
interpretation of evidence: A young man proclaims that he has killed his father
who was planning to become tyrant. However, on the dead man’s body is found
a letter in which he threatens to disown his son if he “will not stop”: an elliptic expression, to be sure, but enough to make some suspect that it was actually
11 These latter are cases of inperpetratum parricidium, as defined in the Rhetorica attributed to
Augustine (6, p. 140, 31 Halm).
12 I have dealt with this intricate declamatory plot in Brescia – Lentano 2009, 99 f.
13 Cf. Lentano 2012.
14 On Declamationes maiores, 1 and 2, cf. respectively Stramaglia 2008b and 2009.
15 Cf. Stramaglia 1999, 300–307 (see 302 f. n. 1 for discussion of the relationship between the law
used in this controversy and poena cullei). Cf. also van Mal-Maeder 2007, 16–18; and Ps.Quint.
Decl. maior. 6.10, with the commentary of Zinsmaier 2009, esp. 208 f. n. 220.
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the young man who wished to become tyrant, and the father who had enjoined
him to give up such designs. Finally, in Calpurnius Flaccus’ fourth declamation,
another (unparalleled) legal provision appears, stipulating that those guilty of
(attempted) parricide be kept in custody for one year before being condemned.
In this case, the issue arises when the son asks to spend this period in a public
jailhouse, rather than in his own home, against his father’s objection.
To these can be added a pair of themes attested only in Quintilian’s Institutio
oratoria and deriving in all likelihood from school declamation: first, the case of
the young luxuriosus – something of a stock character in declamation – suspected
of parricide for having pronounced against his father the threatening words “You
won’t lecture me any more,” and, second, that of the son whose response to any
inquiry of his father’s whereabouts was “Wherever he is, he is drinking,” the
basis for an accusation of parricide when his father is found dead in a well.16
Finally, there are themes – sometimes quite meager, given their function of
pure didactic exemplification – absent from the four corpora of Seneca, Ps.Quintilian, and Calpurnius Flaccus, and cited only in late antique rhetorical manuals:
in Consultus Fortunatianus, a son has been disowned by his father for being
drafted (cf. Sen. Contr. 1.8) and is accused of parricide after he is found killed by
the son’s sword. In the same text is cited the following theme: the father of a luxuriosus does not appear in the courtroom, where (it seems) the son was to make an
appeal against abdicatio; he is accused of parricide.17
Even from this brief survey, it is evident that in controversiae of this kind
parricide is narrative cover for speaking about other issues: the interpretation of
ambiguous expressions as proof of innocence or guilt, the use of unclear evidence
(as in the last two cases cited from Quintilian or in the two of Consultus Fortunatianus), and the significance of utterances made in a state of mental impairment
(as in the case of the son who cries ego te, pater, occidi). Also at issue is the contradiction between a law that prohibits the violation of tombs and that which
requires a parricide be left unburied, the treatment of prophecies (in Ps.Quintilian’s Maior entitled, not by chance, Mathematicus), and so on. These controversiae present certain elements of great interest to the theme of conflict between
fathers and sons. But this conflict does not constitute the focus of the declama-
16 Cf. respectively 5. 10. 47 and 7. 2. 48 (regarding the latter, bibit is a correction by modern editors of transmitted vivit). The luxuriosus is one of the “usual suspects” of parricide, cf. Consultus
Fortunatianus, Ars rhetorica, 1.12, p. 83, 1 Calb. Mont. (luxuriosi pater non conparuit; reus est filius
parricidii), or within a Greek context, Hermogenes, De statibus 3, p. 44 and the anonymous Problemata in status 6, vol. 8, p. 403, 9–13 Walz.
17 Ars rhetorica, 1.12, p. 82, 7–9 and p. 83, 1 Calb. Mont.
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tory debate, which centers instead on other figures from within the family group
(e.g., the noverca in the first two Maiores).18
4
The controversiae that focus above all on the conflict of father and son are those
in which the former brings about an accusation of attempted parricide against
the latter. It is in these texts that the key technical expressions parricidii actio or
reus parricidii appear most frequently. Let us, then, look more carefully at these
declamations.
A homogeneous group is formed by the cases of a son who is caught preparing a poison or drug, following a rather vague formulation: the young man claims
that he is preparing it to commit suicide, but the father suspects he is contemplating parricide – especially when the son, invited to drink the potion, instead
pours the contents of the vessel on the ground. This is the theme of fusa venena,
as defined by an expression of Juvenal (likely in fact related to declamation):19 in
the anthologies, the theme is found in Sen. Contr. 7.3, Ps.Quint. Decl. min. 377 and
Decl. maior. 17, mentioned in the opening of this paper.20 A more complex varia-
18 An interesting theme, clearly of Greek origin, is mentioned in Grillius’ commentary on Cicero’s De inventione, in which a parricide (not disputed) is again pretext to speak of something else,
in this case the relationship between mos and lex (p. 71, 20–22 J.) erat apud Scythas mos, ut a filiis
patres sexagenarii occiderentur. Scytha cum filio migravit Athenas. hic completis sexaginta annis a
filio occisus est. reus fit parricidii [“Among the Scythians there was the custom that the children
killed their sixty year old fathers. One such Scythian migrated to Athens with his son. When he
turned sixty, he was promptly killed by his son. The son was accused of patricide”].
19 Cf. Juv. 7.166–170 haec alii sex / vel plures uno conclamant ore sophistae / et veras agitant lites
raptore relicto; / fusa venena silent, malus ingratusque maritus / et quae iam veteres sanant mortaria caecos [“That’s what six or more other professors yell with one voice and they abandon
‘The Rapist’ to engage in real lawsuits. ‘The Administering of Poison’ goes silent and so does ‘The
Wicked, Ungrateful Husband’ and ‘The Cures for Chronic Blindness’”], with the commentary of
Stramaglia 2008a, 198.
20 The respective themes of the three controversies are: Sen. Contr. 7.3 ter abdicatus, ter absolutus conprensus est a patre in secreta parte domus medicamentum terens; interrogatus, quid
esset, dixit venenum et velle se mori, et effudit. accusatur parricidii [“A son who had been three
times disinherited and three times reprieved was caught by his father pounding up drugs in a
secluded part of the house. Asked what it was, he said it was a poison and that he wanted to die.
Then he poured it away. He is accused of parricide”]; Ps.Quint. Decl. min. 377 parricidii sit actio.
pater filium in militiam vocavit. ille ornatus donis ad patrem rediit. adhibitis amicis petit a patre
ne se amplius mitteret; non impetravit. iterum fortissime pugnavit; rediit. terens venenum a patre
deprehensus est. interrogatus dixit se mori velle. parricidii reus est patri [“Let action for parricide
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tion of the theme is found in Quintilian’s Institutio oratoria, where its scholastic
origin is obvious and also explicitly stated: a disowned son studies medicine,
and when the doctors despair of curing his sick father, he promises his father
will recuperate provided he drink a potion. The father drinks some of it and cries
out that it is a poison. The son drinks the rest of what is left in the cup. When the
father dies and the son remains unharmed, the latter is accused of parricide.21
Quintilian also recounts a case in which three sons swear an oath and draw
lots to decide the order in which they shall enter their father’s bedroom on a certain
night to kill him. Each fails in this objective, and, when the father wakes up, they
confess their plan. Accused of attempted parricide, they are then defended by
their father.22 The list also includes Sen. Contr. 7.5, a complex case in which two
men accuse one another of a man’s death (i. e., another ἀντικατηγορία): the eldest
son of the deceased and the procurator with whom the victim’s second wife had
evidently been in a relationship; and Ps.Quint. Decl. min. 281, in which a father
lie. A father summoned his son to join the army. He returned to his father with decorations. Calling in friends, he asked his father not to send him out again; he was refused. A second time he
fought heroically. He returned. He was caught by his father mixing poison. Questioned, he said
he wanted to die. His father accuses him of parricide”]; Ps.Quint. Decl. maior. 17 filium ter abdicare voluit pater, victus. invenit quodam tempore in secreta domus parte medicamentum terentem.
interrogavit, quid esset, cui parasset. ille dixit venenum et se mori <velle>. iussit pater bibere. ille
effudit medicamentum. accusatur a patre parricidii [“Three times a father wanted to disown and
disinherit his son, but lost in court. One day the father found him compounding a drug in a secluded part of their house. Questioned as to what it was and for whom it was intended, the son
said that it was poison and that he <wanted> to die. His father ordered him to drink it, but the son
poured the drug on the ground. The father accuses him of (attempted) parricide”].
21 Quintilian, Institutio oratoria, 7. 2. 17 (= Consultus Fortunatianus, Ars rhetorica, 1.12, p. 82,
13–17 Calb. Mont.), strictly speaking part of the first group of our classification, given that in this
case the father’s death has already happened and the issue turns on the identification of the
culprit. It should be noted that also in another declamation of the first group, Ps.Quint. Decl. min.
299, on the burial of a parricide’s bones, the father declares on his deathbed that he has been
poisoned by his two sons; and poisoning is one of the two usual forms of parricide evoked in
Decl. min. 260, next to the hiring of a percussor; cf. 260.19 nulli horum obiectum est quod venenum
patri parasset, nulli quod percussorem in fata parentis sui conduxisset [“none of them is charged
with preparing poison for his father or hiring an assassin to take a parent’s life”]. Moreover, the
idea that fathers have to keep watch for possible poisonings by sons anxious to get their hands
on the family’s money is a motif that returns also in Juvenal, undoubtedly under the influence of
declamation: cf. 14.250–255, with the commentary of Laudizi 1986, 106 f. (this interesting work is
wrong, however, to dedicate such restricted attention to declamation, which is only mentioned
in 104 f.).
22 Quintilian, Institutio oratoria, 4. 2. 72–74. Behind the accusation of parricide, as has been observed (Spalding 1798, ad loc.), are presumably the gentiles of the pater familias, who wish to
enter the line of inheritance once the sons have been condemned.
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disowns a son, but before the trial that will validate or invalidate the abdicatio,
he encounters the young man armed with a sword and demanding the disinheritance be rescinded. The father complies, but immediately afterward accuses the
son of attempted parricide.23
5
Counting the controversiae of both the first and the second groups, we find twenty-two in which attempted, suspected, or accomplished parricide is expressly
mentioned in the theme.24 This is no small number – but neither is it very great
when compared to the nearly three hundred declamations that have been preserved, and to which may be added those not attested in the regular corpora
but mentioned in Quintilian’s Institutio oratoria or in the late antique rhetorical manuals. All told, it might seem that the obsession with parricide normally
attributed to Roman culture did not affect the schools of rhetoric to a significant
degree. This impression would be wrong, however – at least in part. The twenty-two themes drawn up so far can be further supplemented by those cases in
which a suspicion of parricide – desired or planned – is raised by a father as part
of the declamation itself, even if this suspicion is not explicitly mentioned in the
theme. Consider, for example, Ps.Quint. Decl. min. 258, where a vir fortis disowns
his son, also a “brave man,” for refusing to yield a prize to him even though a
refusal requires a contest of arms to decide among claimants – father and son.
“Now I see why you did not yield,” says the father. “It meant more to you than the
reward to duel with your father and commit parricide under the law.”25 In Decl.
min. 317, recently analyzed by Graziana Brescia, the term perditissimus parricida
is used to describe a son who, after defecting to the enemy, challenges his father –
the general of his former city – to a duel.26 In Decl. min. 375, a vir fortis chooses to
23 The theme recurs in an episode recounted by Valerius Maximus (5.9.4, under the heading De
parentum adversus suspectos liberos moderatione): an unidentified father, learning that his son
was plotting against his life, took him to an isolated spot (in locum desertum) and put a sword
in his hand, inviting him to carry through with his plan. At this point the son throws aside the
weapon and asks his father’s pardon.
24 These twenty-two should supplement the lists compiled by Sussman 1994, 103, and Langer
2007, 87–90.
25 258.6 iam video quare non cesseris: hoc tibi praemio maius videbatur, committi cum patre et
parricidium facere iure. In Lentano 1998, esp. 52 f., I have discussed the figure of the vir fortis,
with special reference to the father/son relationship.
26 Cf. 317.9 and 14, with the commentary of Brescia 2006, 134–137.
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use his reward to save the life of his brother, who has been accused of desertion,
while he is content simply to attend the trial of his father, who faces the death
penalty for proditio. The father insinuates that the son, in acting to save the life
of his already-condemned brother while his father’s trial was still ongoing, was
not moved by any feelings of pietas towards his brother but by the secret hope of
seeing his father condemned or even killed: “As far as you were concerned, I was
found guilty,” the father concludes.27
Decl. min. 373 presents an interesting case in which another recurring figure
of declamation appears: the pirate. A father, captured by pirates, writes to his
family to be ransomed. While his son hems and haws, his (second) wife procures
the ransom money by selling jewels she has taken from the tomb of the first (now
dead) wife. The son accuses his stepmother of burial violation, and sees her condemned – but not before being disowned by his father, who has been freed in the
meanwhile. At the opening of the short proceeding, the father declares, rather
dryly, that he faulted his son, even before his bout of indolence, for his poorly
feigned parricidal desires: “You deserted your father in captivity: a heinous
crime, or rather parricide. So far as lay in you, I was put to death and in terrible
tortures at that.”28 Finally, we can cite the case of Sen. Contr. 6.1 (known only in
excerpt), in which an agreement made vivo patre by two brothers to share their
paternal inheritance is defined as a pact between parricides.
In all these instances, as I have said, the accusation of parricide is not explicitly expressed in the declamatory theme: for the most part, the fathers in question
limit themselves to disowning their sons through the usual procedure of abdicatio (in one case, that of Decl. min. 317, the son is killed – but in the context of a
war in which he has deserted to the enemy). However, it is revealing of the “fear
of fathers” – to use Yan Thomas’ formulation – how readily they suspect patricidal motivations behind their sons’ behaviors (even when these behaviors admit
of other, much less nefarious explanations). Worse in fact. Fathers suspect their
sons are motivated to commit parricide “legally,” so to speak – that is, by acting
in such way that the father’s death is the result of legal condemnation and not
27 375.6 sed quid si non pietati servisti, sed ut me occideres? quantum in te fuit, damnatus sum
[“But what if you were not doing it for family feeling but to kill me? As far you were concerned,
I was found guilty”]. On the case covered in this controversia, cf. Brescia-Lentano 2009, 95–98.
28 373.1 f. antequam parricidium inertiam obicio […] patrem captum deseruisti: maximum crimen,
immo parricidium. quantum in te fuit, occisus sum, et gravissimis quidem tormentis [“Before parricide, I charge you with inertia … you deserted your father in captivity: a heinous crime, or rather
parricide. So far as lay in you, I was put to death and in terrible tortures at that”]. On the figure of
the pirate in declamation, see Lentano 2010, with bibliography.
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attributable to the son, or by making use of declamation’s “villain” par excellence, the pirate.
We can go further still. When the father in a Latin declamation describes his
son as a “parricide,” he does not always have in mind patricide true and proper.
Reduced to a generic term of injury, this accusation can be made against behaviors that fall far short of homicidal aggression. The youthful luxuriosus who has
blinded his own father may be described as parricida in Calpurnius Flaccus’
ninth declamation, but this is a situation still quite close to “real” parricide. In
Sen. Contr. 1.6, on the other hand, it is “parricide” for a son to disobey his father
who has commanded him to abandon the daughter of the pirate who freed him
from prison. It is also “parricide” for the pirate’s daughter to choose the young
man over her father. In Contr. 3.4 (the son who saves his father’s life in battle),
the father dismisses the young man’s achievement, claiming that his “glory” (as
he ironically describes it) amounts to not having committed parricide – which is
to say, abandoning his father in battle. In Contr. 6.7 (an adaptation of the tale of
Antiochus and Stratonice), parricidium describes the situation of a son who falls
in love with his noverca and convinces his father to give him the woman – if only
to prevent his son from dying of heartache. In Contr. 7.3 (a case of fusa venena), the
father claims that even if his son really intended to use the potion to take his own
life, he would nevertheless be committing parricidium, since preferring death to
living with one’s father can only come from patricidal hatred. In Contr. 9.4, a son
who has beaten his father is called parricida. This usage also occurs in Ps.Quint.
Decl. min. 372, where an adopted son is called a “double parricide” (bis parricida),
first for having beaten his father, second for taking him to court for cutting off his
hands, in accordance with scholastic jurisprudence’s provision against assault
and battery of a father.29 Finally, in Sen. Contr. 10.3, “parricide” is committed by a
daughter who takes her husband’s (instead of her father and brother’s) side in a
civil war, in a rare case inspired by recent events of Roman history.30
As may be seen, the concept of parricidium in such cases is a generic one,
used to describe behaviors ranging from beating or blinding the father to simple
disobedience or “ideological” disagreement. And yet the term is never completely
29 Cf. Calp. Flacc. Decl. 9.6; Sen. Contr. 1.6.1; 3.4.2; 6.7.2; 7.3.5; 9.4.6, 7, 12, 15, 17, 22; Ps.Quint. Decl.
min. 372.1, 4, 7 (cf. now Bernstein 2009, 348–350). That beating the father constitutes a hardly
less serious crime than parricide is repeated in an interesting passage of Emporius, p. 566, 24–26
H. iam in eum qui genuit, verberibus uti, proximum parricidio est: quod igitur crimen est occidere?
[“to crack the whip against who begot you is very close to parricide; what kind of crime is then
killing him?”].
30 10.3.3 and 15. On this interesting controversia, cf. recently Milnor 2006, 232 and Touahri 2010,
esp. 59.
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devoid of its proper connotations: in uses like these, there seems to be an implicit
understanding that a son capable of such behaviors is also capable of patricide.
If he is not yet a parricida according to the law, the potential for him to become so
nevertheless remains, at least in the suspicious minds of duri patres.31
6
The controversiae dealing with parricide frequently include similar elements of
argumentation, particularly when the position defended by the declaimers is that
of the son. These elements have already been emphasized, in part, by scholars:
thus, we find the topos (first and most effectively elaborated in Cicero’s Pro Roscio
Amerino) of the inconceivability of parricide, a crime so extreme that jurists at
first neglected to define its punishment, believing it too heinous a crime for
anyone to commit.32 Authors also frequently make use of the theme of parricide
as the culmination of a long string of increasingly violent crimes that in some way
lay the groundwork for, or even prefigure, it – a topos that supports my previous
observation that parricida is used by declaimers to describe any wayward behavior of a son that suggests the future possibility of his murdering his own father.33
Also very frequent is the theme of the foreboding that the parricide feels in undertaking his criminal act, along with the evocation of a sort of “voice of the blood”
that accosts him just as he is about to strike the fatal blow.34
31 Moreover, as Maurizio Bettini points out to me, beating the father in archaic Roman culture
was already sufficient grounds for a son to be declared sacer to the dei parentes: on this question,
see the discussion of Bettini 2009, 87–126.
32 This is the famous passage, 70. Much useful material on this and other topoi related to parricide is summarized in Lucrezi 1992, 161.
33 The two topoi together in Ps.Quint. Decl. maior. 1.6.2 (the numbering of Stramaglia 2008b,
whose n. 29 is indispensable, with the mention of parallel passages), innocentia per gradus certos
ab homine discedit, et, ne in maximis trepidet audacia, diu vires in minoribus colligit. nemo inde
coepit, quo incredibile est pervenisse [“A man loses his innocence in fixed stages and for a long
time outrageus behaviour collects its strength in smaller crimes such that it will not waver in the
greatest. Nobody has begun from that point of wickedness where it is hard to believe that one has
finally reached”]. It is a common technique, even outside of cases of parricide, for an author to
list a series of progressively more serious crimes leading up to a grave felony: cf., e. g., Libanius,
Progymnasmata, 1.25.
34 Compare Ps.Quint. Decl. maior. 1.10.7 (the numbering of Stramaglia, 2008b) with Cicero, Pro
Roscio Amerino, 63 and above all 66. In Decl. min. 321.7 the same motif is used in reference to the
killing of a brother, likewise designated as parricidium in this declamation, cf. Brescia–Lentano
2009, 102.
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To my knowledge, far less attention has been given, however, to what can
be called the “spaces” and “times” of parricide in declamation. The characteristic places where parricide occurs in declamation are, above all, the father’s
bedroom, or some secluded but unspecified part of the house, what the declaimers call simply secretum or secreta pars domus. The characteristic time at which
parricide occurs is of course night, as in the two Decl. Maiores opening Ps.Quintilian’s collection (the father is killed in his sleep), or as in the declamation of the
three sons who enter their father’s bedroom by turns, or again as in Sen. Contr.
7.5, in which a pater familias is found dead in his cubiculum.35 Yet even in this
respect declamation does not invent out of whole cloth. In his defense of Sextus
Roscius, Cicero cites a case report closely paralleling the themes of declamation:
“Not many years ago, it is said, a certain Titus Caelius, a well-known citizen of
Tarracina, went to bed after supper in the same room as his two grown-up sons,
and was found dead in the morning with his throat cut. As no slave nor free man
could be found, on whom suspicion might have fallen, while the two grown-up
sons who slept near their father declared that they had not noticed anything, they
were indicted for parricide.”36 Finally, there is the case of the son who threatens
his father in an isolated place (in solitudine) – “A place well suited to treachery,”
the father comments: “a place for parricide (locus opportunus insidiis, parricidii
locus),” as if to dispel any doubt the judge may have of his son’s real intentions.37
Another circumstance very favorable to parricide is that of a father traveling abroad (peregre profectus), as so often happens in declamation. In Ps.Quint.
35 The secreta pars domus (on which, cf. Thomas 1981, 706; Pasetti 2008, 139 and 2011, 91 n. 3) is
the place for parricidium even when this term refers to a father’s killing of his son, for example in
Ps.Quintilian’s final two Maiores, where it is precisely in this remote and uncontrolled space that
the son suspected of incest with his mother is tortured (filium […] pater in secreta parte domus
torsit et in tormentis occidit [“a father tortured his son in a secluded part of the house and killed
him on the rack”]).
36 Pro Roscio Amerino, 64, taken up again by Valerius Maximus, 8.1, absol. 13 (cf. my discussion
in Lentano, 2011a). Dyck’s 2010 note ad loc. – that Valerius “adds the detail that the victim’s
brothers conducted the prosecution” – is due to a hasty reading of the text: in fact the “brothers”
spoken of by the orator are the two sons of Titus accused of parricide, as Cicero already remarked.
37 Cf. 281.3 abdicatus in solitudine est: locus opportunus insidiis [“The disowned son is in a lonely spot, the spot is opportune for an ambush”]; 281.5 quid facit ad preces solitudo? ista instrumenta sunt parricidii, haec occasio, hic locus, hoc tempus [“How is solitude good for pleas? Those are
the instruments of parricide, this the opportunity, this the place, this the time”]. A locus desertus
(later defined as solitudo) appears also in the similar episode recounted by Valerius Maximus (cf.
n. 23 above): the fact that it is the father himself that leads his son into an isolated spot to offer
him the opportunity of completing his parricidal plans confirms that in the Roman imagination
this scenario was perceived as the most fitting for such a crime.
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Decl. min. 377, a son is defended against the charge that he ambushed his father
while on a journey. The suspicion is not without reason: in Sen. Contr. 5.4, a
son and a father depart together, but when the son returns home alone, this is
enough reason for his brother to charge him with parricide (later revealed to be
unfounded).38 Neither the enclosed space of the house nor the wide open space
of “elsewhere,” offers sufficient protection against a son’s homicidal intentions.
So extreme a crime, so savage and impious an act as parricide cannot be contemplated and undertaken except in spaces and at times that are isolated and dark,
deserted, foreign, far away – in a word, marginal. A crime so unspeakable can
take place only beyond the ordered environment of culture, in a world inhabited by bloodthirsty pirates and devious merchants, and in a sort of isolation and
darkness that almost anticipates the poena cullei, often mentioned in declamation as the punishment that awaits the parricide.39
The declaimers’ discussion of the motives that lead to this maximum scelus or
summum nefas also merits exploration. Here the choices of the declaimers tend
to differ according to which side – the father’s or the son’s – they are defending.
If the former, almost the only possible explanation for attempted parricide is the
son’s hereditary ambitions: the son is portrayed as greedy, feverishly anticipating
the moment when he will take his father’s place in control of the family wealth.
“To inherit sooner,” explains the father of Ps.Quint. Decl. min. 258, “to seize upon
my property, will so greedy a man as yourself not dare to commit parricide in
secret?”40 And similarly elsewhere: in Decl. maior. 17, the son suspected of parricide expects his father to fault him for “hoping for something from your will.”
In Decl. min. 281, the son refrained from murder only to await the conclusion of
the trial relating to his abdicatio: if not for the worry of losing his inheritance, he
would not have hesitated. In Decl. min. 377, the son is defended against a charge
of plotting to kill his father hereditatis cupiditate. In Quintilian’s declamation of
the three sons who plan to kill their father, the father, who survives the attempt,
immediately divides the inheritance in equal parts in recognition of being patrimonii […] tenax custos, while in Sen. Contr. 6.1, the suspicion of parricide is made
more plausible by a written contract in which the two sons of a living father have
agreed to split their inheritance – but also by their considerable debts, which
38 Cf. 377.7 (the son speaking) quemadmodum occidere volo? conducam percussorem, insidiabor
peregrinanti? [“How do I propose to kill you? Shall I hire an assassin, ambush you travelling
abroad?”]. On Sen. Contr. 5.4, see above p. 137 and n. 12.
39 This aspect has already been rightly highlighted by Lanfranchi 1938, esp. 494 f.
40 258.9 ut heres citius fias, ut bona mea occupes, homo tam cupidus non audebis parricidium
facere secretum?
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they would never be able to pay without their father’s money. In Ps.Quintilian’s
second Maior, the accusation is again that cupiditas drove the son to commit his
crime.41 Moreover, love of luxury and debts are things Cicero immediately seeks
to exclude in the case of his client Sextus Roscius, knowing very well that commonsense holds these to be the most plausible motivations for parricide.42
This makes it all the more necessary to take precautions against sons who
are luxuriosi, or who out of love for a meretricula inmodica poscens have taken on
heaps of debt.43 It all has the air of an old comedy of Plautus! And yet never does
the boundary between declamatory fiction and reality come closer to vanishing
than in this respect. Indeed, it is well known that at the beginning of the imperial period legislation was required to prevent credit being given to “sons of the
family” on the guarantee of future inheritance, after certain cases in which this
led to parricide.44 Here, the dysfunctionality of the Roman family, with its rigid
41 Cf. respectively Ps.Quint. Decl. maior. 17.10.5 (the numbering of Pasetti 2011); Decl. min. 281.6
and 377.4; Quint. Institutio oratoria, 4. 2. 73; Sen. Contr. 6.1.1 (tantum aeris alieni habet quantum
vivo patre non possit solvere [“He is so far in debt that he cannot discharge it while his father
is alive”]): Ps.Quint. Decl. maior. 2.10.5 (‘cupiditas’, inquit, ‘iuvenem egit in facinus’ [“She says
that greed drove the young man to the crime”]). The motif of inheritance as pretium parricidii is
hinted at also in Decl. maior. 2.3 (the numbering of Stramaglia 2009); in Decl. maior. 2.5.5 (the
numbering of Stramaglia 2009) it is argued that the son had no interest in killing the father, once
the latter had modified his will in favor of the noverca.
42 Pro Roscio Amerino, 39 (and cf. also 75) luxuries igitur hominem nimirum et aeris alieni magnitudo et indomitae animi cupiditates ad hoc scelus impulerunt? [“No doubt then, it was riotous
living, enormous debts, and his unbridled desires that drove him to commit this crime?”]. The
connection between luxuria, aes alienum and parricidium is still active in Justinian’s Institutiones (4.7.7, regarding the senatus consultum Macedonianum, see n. 44 below) quare ideo senatus
perspexit, quia saepe onerati aere alieno creditarum pecuniarum quas in luxuriam consumebant,
vitae parentium insidiabantur [“This enactment was made by the Senate, because it was found
that persons in power, when dragged down by the burden of loans which they had squandered
in profligacy, often plotted against the lives of their parents”].
43 Ps.Quint. Decl. maior. 1.6.8 (the numbering of Stramaglia 2008b) aliis tradidit in parentum
sanguinem luxuria ferrum […]; aliis meretriculae amor inmodica poscentis [“In some cases, extravagant living has delivered up a sword dripping with parental blood …; in other cases it is a love
affair with a greedy prostitute”]. On luxuria as a possible motive for parricide, cf. also Emporius,
p. 566, 26–28 H. parricidium in viro quoque et in eodem iuvene intolerabile fuisset, quamquam
illum et fervor aetatis et luxuriae appetentia et novissime fiducia virium in facinus coegisset [“The
parricide would have been intolerable even in the case of a man, and particularly of a young
man, who could have had as extenuating circumstances the fact to have been compelled to commit the crime by the ardour of age, by the desire for luxury and last of all by the confidence in
his own strength”].
44 This is the well-known case of the so-called senatus consultum Macedonianum, promulgated
under Vespasian following the parricide committed by a certain Macedo in order to free himself
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and exclusive concentration of property in the hands of the father, appears from
behind the curtain of seemingly arbitrary declamatory themes. Reasons of inheritance also form the basis of fratricide – another inconceivable transgression,
again often defined in declamation as parricidium. Its only plausible motivation
is seen in a son’s long-standing ambition to enjoy by himself his father’s wealth,
from which he has been excluded.45
But what of the son’s defense against an accusation of parricide? Here we have
the evidence of Sen. Contr. 3.2 (if only in the form of excerptum), in which a father
disowns his son after a hung jury acquits the latter of attempted parricide: “The
obvious strategy (color) for the youth is that he should say he was a victim of his
father’s power (patris auctoritate oppressum).”46 Auctoritas: the intangible fund
of authority, prestige, influence, power, and status that defines the complexity of
the paternal figure, and can all too easily morph into callousness, avoidance, and
even cruelty. In the controversiae of the second group – that is, those in which
parricide is not “imported” into the debate, but is itself the central issue – the
pathologies of paternal auctoritas have already had occasion to work their effects.
In some cases, for example, a father has already repeatedly attempted to disown
his son, only to be defeated in court: this greatly exasperates these severe fathers,
who never completely accept the fact that the prerogatives they normally enjoy
in disciplining their sons have been taken from them and entrusted to a third
party’s judgment.47 In another case, a father has twice already attempted to force
his son to enlist in the army, never yielding to his son’s entreaties for exemption.
The urge to see one’s son demonstrate his mettle on the battlefield is of course
part of an entrenched, and highly valorized, cultural model that extends from the
Homeric heroes up to Cato the Censor’s eulogy of his son’s military prowess. Here,
however, a father’s intransigence, in ignoring the wishes and disposition of his
son, is capable of becoming sufficient justification for parricide.48
of the debts he had incurred: the provision “prohibited that loans to sons could be declared
repayable post mortem patris” (Thomas 1983, 115). Very broad discussion of this measure is given
in Lucrezi 1992, who appropriately frames it within a more comprehensive examination of the
father/son relationship in Roman culture.
45 Cf. the conclusions of Brescia-Lentano 2009, 125–132.
46 3.2.1 manifestum adulescentis color est ut se dicat patris auctoritate oppressum (Winterbottom’s translation slightly modified).
47 On this specific and important aspect of Latin declamation, see Lentano 2011b.
48 In the opposite case, that of Sen. Contr. 1.8, where a father tries to keep at home his son who
wishes to enlist although the law grants him (as ter fortis) vacatio from military service, the father
is blamed by some declaimers for showing excessive indulgence which compromises his dignitas: I have dealt with this in Lentano 1998, 79–103.
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In the case of the young man vocatus in militiam, the father’s treatment of his
son may have a basis in a long-standing cultural model. In other declamations,
however, no rationalization at all may be given for a father’s cruelty. In Ps.Quint.
Decl. maior. 17, the father is described as crudelis, impius, malus, inmitissimus,
asper, imperiosus, avidus, adrogans; in fact, the substantive odium or the verb
odisse is used to describe his feelings toward his son a full seven times, without
any explanation whatsoever.49 So a son possesses, in the form of his own hereditary aspirations, a culpable but nonetheless explicable motive for wishing his
father dead. The father’s aggression toward his son represents, on the other hand,
the pathological degeneration of legitimate auctoritas, a perverted interpretation
of the role that law and custom assign to him. These are fathers hypercharacterized, overdetermined by a univocal, radical interpretation of the prerogatives
that are granted to them by society and that define their role and position in that
society. In these controversiae, therefore, generational conflict takes its purest
and also most dramatic form: that of two forces arrayed against each other and
aimed only at mutual annihilation, to the point that a son accused of parricide
can draw the jury’s attention to the parricidalis ardor in his father’s eyes.50
As clichés of the arbitrary powermonger and the greedy heir, father and son
thus play out their fatal game. Through these clichés, declamation explores the
limits of a relationship that is always tense, almost always conflictual, and that
entails an endless negotiation of the boundaries of its members’ respective roles.
Declamation takes this relationship out of the private dimension and compels it
to be aired before a public tribunal – albeit a fictitious one – where the two parties
can test their reasoning in the ritualized form of prosecution and defense, in a
context of balanced evaluation of right and wrong, of prerogatives and rights. At
times, this relationship erupts in acts that no longer have a place in the declamatory process: they return to that secreta pars domus from which declamation
tried to extricate them in the first place. After three attempted but unsuccessful
abdicationes, after father and son have agreed to have their motives weighed in
the mutually accepted rite of a public trial, there is now only room for deceitful
49 On the characterization of the father in this declamation, I refer to the introduction and commentary of Pasetti 2011; cf. also Sussman 1995, 187, “The son portrays his father throughout as a
wrathful, vengeful, and cruel man who deeply hates him […] although the specific grounds for
this are never directly revealed.” The motif of the father’s hate appears also in Cicero’s Pro Roscio
Amerino, 40–45, where it is considered a feeling equally unnatural as the one that allegedly
drove Roscius to kill his father.
50 Ps.Quint. Decl. maior. 17.18 vultus parricidali ardore suffusos [“a facial expression filled with
murderous passion”].
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poisoning, for the dark of night, for the shadowy recesses and hidden corners of
the house.
7
To conclude, I draw inspiration again from Lucia Pasetti’s commentary on
Ps.Quint. Decl. maior. 17, in which the keen observation is made that for a controversia of this kind perhaps “we can have recourse to the oxymoronic definition of
‘realistic declamation.’”51 Suetonius recounts in his biography of Vitellius that the
emperor married a certain Petronia, who later gave birth to a son. The child was
made heir to his mother’s family fortune, on condition that he also be removed
from his father’s authority (patria potestas): so Vitellius first “manumitted him,
but shortly afterwards killed him, according to the general belief, charging him
besides with attempted parricide, and alleging that his guilty conscience had led
him to drink the poison which he had mixed for his intended crime,”52 evidently
with the purpose of becoming his father’s heir. The explanation may belong to
Vitellius’ perverse imagination, but it is not difficult to see analogies between this
case of a son accused of plotting to poison his father and those of sons accused
of the same crime in the school declamations – even if in the latter the poison
often goes unused, whereas the young Petronianus actually imbibed the lethal
beverage. Whether this is what truly happened, or whether Vitellius made up this
explanation to justify eliminating his son, Pasetti’s assessment seems confirmed:
the declamation is in fact “realistic,” in the sense that it suggested to a Roman
emperor a credible justification for his own “parricide.” Vitellius may have been
a bad emperor and a worse father, but he would have made an excellent teacher
of rhetoric.
51 Pasetti 2011, 20. The question of declamation’s “realism” is one that needs to be placed on an
entirely new footing. Next to (meritorious) attempts to show how the themes and situations of
scholastic rhetoric are closer to real life than previously thought, the realism of the controversiae
must be sought more in the anthropological questions they play on than in the narrative mechanisms that permit their problematization.
52 Suetonius, Vitellius, 6 hunc […] manu emisit brevique, ut creditum est, interemit, insimulatum
insuper parricidii et quasi paratum ad scelus venenum ex conscientia hausisset.
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