4.  IV.  VII.  Legislation of Sulla

5.  This total number is given by Valerius Maximus, ix. 2. 1.  According to Appian (B.  C. i. 95), there were proscribed by Sulla nearly 40 senators, which number subsequently received some additions, and about 1600 equites; according to Florus (ii. 9, whence Augustine de Civ.  Dei, iii. 28), 2000 senators and equites.  According to Plutarch (Sull. 31), 520 names were placed on the list in the first three days; according to Orosius (v. 21), 580 names during the first days. there is no material contradiction between these various reports, for it was not senators and equites alone that were put to death, and the list remained open for months.  When Appian, at another passage (i. 103), mentions as put to death or banished by Sulla, 15 consulars, 90 senators, 2600 equites, he there confounds, as the connection shows, the victims of the civil war throughout with the victims of Sulla.  The 15 consulars were—­ Quintus Catulus, consul in 652; Marcus Antonius, 655; Publius Crassus, 657; Quintus Scaevola, 659; Lucius Domitius, 660; Lucius Caesar, 664; Quintus Rufus, 666; Lucius Cinna, 667-670; Gnaeus Octavius, 667; Lucius Merula, 667; Lucius Flaccus, 668; Gnaeus Carbo, 669, 670, 672; Gaius Norbanus, 671; Lucius Scipio, 671; Gaius Marius, 672; of whom fourteen were killed, and one, Lucius Scipio, was banished.  When, on the other hand, the Livian account in Eutropius (v. 9) and Orosius (v. 22) specifies as swept away (-consumpti-) in the Social and Civil wars, 24 consulars, 7 praetorians, 60 aedilicians, 200 senators, the calculation includes partly the men who fell in the Italian war, such as the consulars Aulus Albinus, consul in 655; Titus Didius, 656; Publius Lupus, 664; Lucius Cato, 665; partly perhaps Quintus Metellus Numidicus (iv.  VI.  Violent Proceedings in The Voting), Manius Aquillius, Gaius Marius the father, Gnaeus Strabo, whom we may certainly regard as also victims of that period, or other men whose fate is unknown to us.  Of the fourteen consulars killed, three—­Rufus, Cinna, and Flaccus—­ fell through military revolts, while eight Sullan and three Marian consulars fell as victims to the opposite party.  On a comparison of the figures given above, 50 senators and 1000 equites were regarded as victims of Marius, 40 senators and 1600 equites as victims of Sulla; this furnishes a standard—­at least not altogether arbitrary—­for estimating the extent of the crimes on both sides.

6.  The Sextus Alfenus, frequently mentioned in Cicero’s oration on behalf of Publius Quinctius, was one of these.

7.  II.  VII.  Latins.  To this was added the peculiar aggravation that, while in other instances the right of the Latins, like that of the -peregrini-, implied membership in a definite Latin or foreign community, in this case—­just as with the later freedmen of Latin and deditician rights (comp.  IV.  VII.  The Bestowal of the Franchise and Its Limitations. n.)—­it was without any such right of urban membership.  The consequence was, that these Latins were destitute of the privileges attaching to an urban constitution, and, strictly speaking, could not even make a testament, since no one could execute a testament otherwise than according to the law of his town; they could doubtless, however, acquire under Roman testaments, and among the living could hold dealings with each other and with Romans or Latins in the forms of Roman law.