No fragments are extant of sufficient length to enable us to form any estimate of his merits, although, on account of the numerous unusual words which occur in his writings, no historian of this period has been more frequently quoted by the grammarians. The probability is that his twenty-three books are of little or no value, as they are never referred to in order to illustrate matters of historical or antiquarian interest. Tubero was the contemporary of Cicero, and did not write his annals until after Cicero’s consulship. Nevertheless he must be considered as belonging to the old school, and its last as well as one of its most worthy representatives. He was the father of L. Tubero, the legate of Q. Cicero, in Asia. Like Piso, he was a stout opponent of the Gracchic policy, and a firm supporter of the aristocracy. A stoic in philosophy, his life was in strict accordance with his creed, and his style of writing is said to have been marked with Catonian rudeness. He describes, in his history, the cruel tortures of Regulus by the Carthaginians, and relates the story of the wonderful serpent at Bagrada.[374] He is once quoted by Dionysius and twice by Livy. CHAPTER XII. EARLY ROMAN ORATORY—ELOQUENCE OF APPIUS CLAUDIUS CÆCUS—FUNERAL ORATIONS—DEFENCE OF SCIPIO AFRICANUS MAJOR—SCIPIO AFRICANUS MINOR ÆMILIANUS—ERA OF THE GRACCHI—THEIR CHARACTERS—INTERVAL BETWEEN THE GRACCHI AND CICERO—M. ANTONIUS—L. LICINIUS CRASSUS—Q. HORTENSIUS—CAUSES OF HIS EARLY POPULARITY AND SUBSEQUENT FAILURE. Eloquence, though of a rude, unpolished kind, must have been in the very earliest times a characteristic of the Roman people. It is a plant indigenous to a free soil. Its infancy was nurtured in the schools of Tisias and Corax, when, on the dethronement of the tyrants, the dawn of freedom brightened upon Sicily; and, just as in modern times it has flourished, especially in England and America, fostered by the unfettered freedom of debate, so it found a congenial home in free Greece and republican Rome. He who could contrast in the most glowing colours the cruelty of the pitiless creditor, with the sufferings of the ruined debtor—who could ingeniously connect those patent evils with some defects in the constitution, some inequalities in political rights hitherto hidden and unobserved—would wield at will the affections of the people, and become the master-spirit amongst his fellow-citizens.