In the 132d of the Fragmenta Incerta, we have (quoted from A. Gell., Noct. Att., ii., 24) these words, "Legem vitemus Licini." The object of this law was to give greater sanction to the provisions of the Lex Fannia, a sumptuary law, which had become nearly obsolete. If passed by P. Licinius Crassus Dives Lusitanicus, when consul, it must be referred to the year A.U.C. 657, B.C. 97, six years after the supposed date of Lucilius's death. But there is no reason why this law should not have been passed by Licinius when tribune or prætor, as well as when consul; probably during his prætorship, as nearer the consulship, though Pighius (Annal., iii., 122), though without giving any authority, assigns it to his tribuneship.
The Orchian Law was passed by C. Orchius when tribune. The Fannian and many other sumptuary laws were passed by prætors or tribunes. The argument therefore derived from the law having been passed by Licinius, when consul, falls to the ground.
Allowing, however, that Lucilius was alive during the consulship of Licinius, we have the incidental, and therefore more valuable, testimony of Cicero, that he must have died very shortly after. In his "De Oratore," he introduces the speakers in the Dialogue quoting Lucilius, as one evidently not very recently dead. Now this imaginary Dialogue is supposed to have taken place B.C. 91.
FOOTNOTES:
[1593] In the Translation, the text and arrangement of Gerlach have been principally followed. The few Fragments that have not been translated are omitted, either from their hopelessly corrupt state, their obscenity, or from their consisting of single, and those unimportant, words.
[1594] Clinton, in his new Epitome of Chronology (Oxford, 1851), says, Lucilius was about twenty years of age when serving at Numantia, B.C. 134.
[1595] But Clinton thinks that the war for which Messala triumphed was carried on B.C. 28, and that Tibullus was then about thirty. The war against the Salassi had been carried on B.C. 34. Heyne assigns his birth to B.C. 49. Voss, Passow, and Dissen, to B.C. 59. Lachman and Paldanus, to B.C. 54. He is called a "juvenis" at his death, B.C. 18. But Clinton says there is "no difficulty in this term, which may express forty years of age."
[1596] Cf. Niebuhr's Lectures, vol. i., p. 316. "Slow and gradual advancement, and a provision for officers in their old age, were things unknown to the Romans. No one could by law have a permanent appointment: every one had to give evidence of his ability. It was, moreover, not necessary to pass through a long series of subordinate offices. A young Roman noble served as eques, and the consul had in his cohort the most distinguished to act as his staff: there they learned enough, and in a few years, a young man, in the full vigor of life, became a tribune of the soldiers."
[1597] "Sæpe ex socero meo audivi, quum is diceret, socerum suum Lælium semper ferè cum Scipione solitum rusticari eosque incredibiliter repuerascere esse solitos quum rus ex urbe tanquam è vinculis evolavissent.... Solet narrare Scævola conchas eos et umbilicos ad Caietam et ad Laurentum legere consuêsse et ad omnem animi remissionem ludumque descendere." Cf. Val. Max., viii., 8, 1.
[1598] These additional authorities have been collected by Gerlach and Varges. Barth. ad Stat. Sylv., I., ii. 253. Markl. ad Stat. Sylv., 110. Drakenborch, ad Sil. Ital., i., 634. Eustath., p. 107, 14, on the word γέρων. Heyne's Homer, vol. iv., pp. 270, 606, 620.