[1558] Vell. ii. 7. 4.
[1559] Livy, ep. lxi: “Quod indemnatos cives in carcerem coniecisset” (Mommsen reads “in carcere necasset” or “in carcerem coniectos necasset”; Röm. Staatsr. ii. 111, n. 1); Cic. Part. Or. 30. 104, 106; Orat. ii. 25. 106; 30. 132; Lange, Röm. Alt. ii. 562; iii. 50; Greenidge, Hist. of Rome, i. 278-80.
[1560] History of Rome, v. 5-7. His view is an inference from the circumstances.
[1561] The prosecutor was L. Crassus; Cic. Brut. 43. 159; cf. Orat. i. 10. 40; ii. 40. 170; Verr. II. iii. 1. 3; Val. Max. vi. 5. 6.
[1562] Valerius Maximus, iii. 7. 6, assumes that the accused went into exile; Cicero, Fam. ix. 21. 3, informs us of a rumor that he committed suicide. Both reports may be true; Greenidge, Hist. of Rome, i. 282; cf. Lange, Röm. Alt. iii. 51.
[1563] P. 358.
[1564] Mommsen, Röm. Staatsr. ii. 223 ff.
[1565] (1) After the case against Carbo may be mentioned the accusation of perduellio against C. Popillius Laenas, 107, on the ground of a disgraceful surrender to the Tigurini. It was on this occasion that the ballot was first used in a trial for perduellio. The accused seems to have been condemned to exile; Cic. Leg. iii. 16. 36; Herenn. i. 15. 25; iv. 24. 34; Oros. v. 15. 24. This case, which resembles those of far earlier time, has nothing to do with violation of the right of appeal; (Cic.) Herenn. ibid.—(2) Similar in this respect was the prosecution of Q. Fabius Maximus Servilianus for the murder of his son. The accused went into exile before judgment was pronounced; Oros. v. 16. 8; Val. Max. vi. 1. 5.—(3) More famous is the prosecution of Q. Caecilius Metellus Numidicus, 100, by L. Appuleius Saturninus because the former refused to swear to maintain the agrarian law of the latter. Technically the charge was that Metellus refused to do his duty as a senator. The accused withdrew into exile before the trial, whereupon, by vote of the assembly, he was interdicted from fire and water; Livy, ep. lxix.; Appian, B. C. i. 31. 137-40; Cic. Dom. 31. 82; Sest. 16. 37; 47. 101.—(4) Decianus, tribune of the plebs, 97, in accusing P. Furius, tribune of the preceding year, let fall some complaint regarding the murder of Saturninus, and on that ground was accused, probably by a tribune of the plebs, and condemned to exile; Cic. Rab. Perd. 9. 24; Schol. Bob. 230.—(5) The prosecution of M. Aemilius Scaurus for maiestas by Q. Varius, tribune, Dec. 91, was withdrawn in the second anquisitio; Ascon. 19, 21 f.; (Aurel. Vict.) Vir. Ill. 72. 11; Quintil. v. 12. 10; Cic. Scaur. 1, 3; Sest. 47. 101.—(6) L. Cornelius Merula and Q. Lutatius Catulus, 87, avoided trial, probably for perduellio, by suicide; Diod. xxxviii. 4; Appian, B. C. i. 74. 341 f.—(7) On the first day of the following year, 86, P. Popillius Laenas, tribune of the plebs, hurled from the Tarpeian Rock Sextus Lucilius (or Licinius?), tribune of the preceding year, and set a day of trial for the colleagues of the latter. The accused fled to Sulla and in their absence were interdicted from fire and water. They were charged with perduellio; their offence was the veto of the popular measures of Cornelius Cinna. This is the only certain case of calling retired tribunes to account for their official conduct, and may be regarded as a symptom of the revolution then in progress; Vell. ii. 24; Livy, ep. lxxx; Dio Cass. Frag. 102. 12; Plut. Mar. 45.
[1566] P. 255, n. 1 (4).
[1567] Cic. Verr. i. 13. 38; cf. Mommsen, Röm. Staatsr. ii. 326.