Niebuhr's lectures on Roman history, Vol. 3 (of 3)Niebuhr, Barthold Georg
History
Niebuhr's lectures on Roman history, Vol. 3 (of 3)
Niebuhr, Barthold Georg
Rome -- History
Cæsar enacted several popular laws. He founded a colony in Capua which,
since its conquest in the Second Punic War, had always been in a strange
position: the buildings there, and the ground, were the property of the
Roman republic; the houses might be held on lease, and the land was
cultivated by hereditary tenants who had to pay the tenth of the
produce. The state, however, might resume these grants at pleasure, and
attempts had twice before been made to change the system: the former of
these was in Cinna’s consulship, on the motion of M. Brutus; and the
latter in that of Cicero, when Servilius Rullus brought it forward.
Against this colony, Cicero had already spoken on that occasion; and
when Cæsar now returned to the plan, he refused being one of the
commissioners for founding it: Cæsar resented this as a very bitter
personal affront, and the two were for some time estranged. Yet for all
that, they would have been friends again, had Cicero chosen to go with
Cæsar to Gaul. Cicero’s brother Quintus was with him there, and was
treated by him with the greatest distinction. Cæsar afterwards tried in
every possible way to show his good feeling towards Cicero; but the
latter was induced by his evil star to remain at Rome.
Cicero had a great deal of trouble with Cæsar’s colleague, a
narrow-minded and obstinate, but honest man. The next consuls, L.
Calpurnius Piso and A. Gabinius, were ἄνθρωποι ἀλιτήριοι: all the evil
that Cicero says of them is quite true. They bought of Clodius, by
letting him carry without hindrance his detestable rogations which were
to revenge himself on Cicero, the provinces of Syria and Macedonia: the
former of these was for Gabinius, who wanted to restore Ptolemy Auletes;
the latter for Piso. Clodius now impeached Cicero for having put Roman
citizens to death without trial; and yet, as we have already remarked,
it was a case of _delictum manifestum_, in which, by the _lex Porcia_,
no further judicial proceedings were requisite. There were three _leges
Porciæ_, the last of which had probably been brought in by L. Porcius
during the Social War. In former times, any one could evade the popular
tribunals by going into a _municipium_; but after the citizenship had
been granted to the Italians, the state of things was necessarily
altered. The question must now have been, whether men who were full
Roman citizens were at all liable to capital punishment for any crime;
and public opinion indeed seems to have answered it in the negative. By
the _lex Porcia_ therefore, either a Roman citizen could not be put to
death at all; or if it must be, it was to be done on the spot. According
to this, Cicero could only be proceeded against _quod civem Romanum
necasset_, but not _quod indemnatum Romanum civem necasset_.
Public-domain text, read in full here on John Shaqi.
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