The History of Rome (Volumes 1-5) eBook

This eBook from the Gutenberg Project consists of approximately 3,061 pages of information about The History of Rome (Volumes 1-5).

The History of Rome (Volumes 1-5) eBook

This eBook from the Gutenberg Project consists of approximately 3,061 pages of information about The History of Rome (Volumes 1-5).

23.  The deposition from office of the proconsul Caepio, with which was combined the confiscation of his property (Liv.  Ep. 67), was probably pronounced by the assembly of the people immediately after the battle of Arausio (6th October 649).  That some time elapsed between the deposition and his proper downfall, is clearly shown by the proposal made in 650, and aimed at Caepio, that deposition from office should involve the forfeiture of a seat in the senate (Asconius in Cornel, p. 78).  The fragments of Licinianus (p. 10; -Cn.  Manilius ob eandem causam quam et Caepio L. Saturnini rogatione e civitate est cito [?] eiectus-; which clears up the allusion in Cic. de Or. ii. 28, 125) now inform us that a law proposed by Lucius Appuleius Saturninus brought about this catastrophe.  This is evidently no other than the Appuleian law as to the -minuta maiestas- of the Roman state (Cic. de Or. ii. 25, 107; 49, 201), or, as its tenor was already formerly explained (ii. p. 143 of the first edition [of the German]), the proposal of Saturninus for the appointment of an extraordinary commission to investigate the treasons that had taken place during the Cimbrian troubles.  The commission of inquiry as to the gold of Tolosa (Cic. de N. D. iii. 30, 74) arose in quite a similar way out of the Appuleian law, as the special courts of inquiry—­further mentioned in that passage—­as to a scandalous bribery of judges out of the Mucian law of 613, as to the occurrences with the Vestals out of the Peducaean law of 641, and as to the Jugurthine war out of the Mamilian law of 644.  A comparison of these cases also shows that in such special commissions—­different in this respect from the ordinary ones—­even punishments affecting life and limb might be and were inflicted.  If elsewhere the tribune of the people, Gaius Norbanus, is named as the person who set agoing the proceedings against Caepio and was afterwards brought to trial for doing so (Cic. de Or. ii. 40, 167; 48, 199; 49, 200; Or.  Part. 30, 105, et al.), this is not inconsistent with the view given above; for the proposal proceeded as usual from several tribunes of the people (ad Herenn. i. 14, 24; Cic. de Or. ii. 47, 197), and, as Saturninus was already dead when the aristocratic party was in a position to think of retaliation, they fastened on his colleague.  As to the period of this second and final condemnation of Caepio, the usual very inconsiderate hypothesis, which places it in 659, ten years after the battle of Arausio, has been already rejected.  It rests simply on the fact that Crassus when consul, consequently in 659, spoke in favour of Caepio (Cic.  Brut. 44, 162); which, however, he manifestly did not as his advocate, but on the occasion when Norbanus was brought to account by Publius Sulpicius Rufus for his conduct toward Caepio in 659.  Formerly the year 650 was assumed for this second accusation; now that we know that it originated from a proposal of Saturninus, we can only hesitate between 651, when he was tribune

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