While the legal and political constitution of the Roman people gave direct encouragement to deliberative and judicial oratory, respect for the illustrious dead furnished opportunities for panegyric. The song of the bard in honor of the departed warrior gave place to the funeral oration. Among the orators of this time were the two Scipios, and Galba, whom Cicero praises as having been the first Roman who understood how to apply the theoretical principles of Greek rhetoric.
All periods of political disquiet are necessarily favorable to eloquence, and the era of the Gracchi was especially so. After a struggle of nearly four centuries the old distinction of plebeian and patrician no longer existed. Plebeians held high offices, and patricians, like the Gracchi, stood forward as champions of popular rights. These stirring times produced many celebrated orators. The Gracchi themselves were both eloquent and possessed of those qualities and endowments which would recommend their eloquence to their countrymen. Oratory began now to be studied more as an art, and the interval between the Gracchi and Cicero boasted of many distinguished names; the most illustrious among them are M. Antonius, Crassus, and Cicero's contemporary and most formidable rival, Hortensius.
M. Antonius (fl. 119 B.C.) entered public life as a pleader, and thus laid the foundation of his brilliant career; but he was through life greater as a judicial than as a deliberative orator. He was indefatigable in preparing his case, and made every point tell. He was a great master of the pathetic, and knew the way to the heart. Although he did not himself give his speeches to posterity, some of his most pointed expressions and favorite passages left an indelible impression on the memories of his hearers, and many of them were preserved by Cicero. In the prime of life he fell a victim to political fury, and his bleeding head was placed upon the rostrum, which was so frequently the scene of his eloquent triumphs.
L. Licinius Crassus was four years younger than Antonius, and acquired great reputation for his knowledge of jurisprudence, for his eminence as a pleader, and, above all, for his powerful and triumphant orations in support of the restoration of the judicial office to the senators. From among the crowd of orators, who were then flourishing in the last days of expiring Roman liberty, Cicero selected Crassus to be the representative of his sentiments in his imaginary conversation in "The Orator." Like Lord Chatham, Crassus almost died on the floor of the Senate house, and his last effort was in support of the aristocratic party.