The following paper is concerned with the practice of holding contiones in the Late Republic and the political benefits that flowed from this form of assembly. It will be suggested that the surviving evidence is not adequately representative for a study of contional rhetoric, but that an analysis of the many ““attested”” rather than ““extant”” contiones will likely reveal important patterns of practice thanks to its wider sample. In testing the results of this theory, the first section will argue that there was an important and marked imbalance between the exploitation of the contio by populares and by their opponents. In the second section it will be asserted that this was a logical result of the strong attendance of contiones by members of the urban plebs, and the third section will deal with the causes and effects of this phenomenon and the importance of differences between political activity in the senate and political activity in the assemblies.

The censors of 154/3 commissioned a stone theatre which was almost completed when it was demolished on the exhortations of P. Cornelius Scipio Nasica. The sources suggest that this destruction was as late as 151 or 150. Though an array of scholars has seised on Nasica’s claims that a theatre would soften Rome’s moral strength, there has been no satisfactory explanation of this peculiarly long delay between commencement of construction and final demolition. Something must have happened between 153 and 151 which would explain the late objection. This article proposes that Nasica’s awakening was spurred by the death of the princeps senatus and pontifex maximus, M. Aemilius Lepidus. The vacuum left by his death led Nasica to ‘audition’ for the role as Rome’s new leading voice. To demonstrate his worthiness, however, he needed a cause, and the widespread refusals to serve in the Spanish campaign of 151 offered just such an opportunity. Nasica seised upon the most shocking political crisis of the times – the refusal of young men to enlist – in order to parade his guardianship of Rome’s moral worth, and the destruction of a costly and undoubtedly popular theatre constituted the bravura performance he needed.

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