[69] Quintus Cæcilius Metellus Macedonicus, who was consul B.C. 143. Kaltwasser says, that Plutarch without doubt means Balearicus, the son of Metellus Macedonicus, which son was consul B.C. 123. Without doubt he means the father, who is mentioned by Cicero as an opponent of Tiberius Gracchus, and he states that an oration of his against Gracchus was preserved in the Annals of Fannius. (Brutus, 21.)
[70] Titus Annius Luscus was consul with Q. Fulvius Nobilior B.C. 153. (Cicero, Brutus, c. 20; Livius, Epitome, 58.)
[71] It is clear that Plutarch believed this to be a genuine speech of Tiberius. It is not an argument that he could have made, nor is it likely that it is a fabrication of any professed speech-writer. It is true that there were many speeches extant among the Romans, which, though mere rhetorical essays, were attributed to persons of note and passed off as genuine speeches. But this is either not one of them, or it has been managed with consummate art. The defence of Tiberius is a blot on his character. He could not avoid knowing that his arguments were unsound. To abdicate, which means to resign a Roman magistracy, was a different thing from being deprived of it. The Tribunes were elected at the Comitia Tributa, but they derived their powers by uninterrupted succession from the consecrated act (Lex Sacrata) done on the Holy Mount and confirmed after the overthrow of the Decemviral power. (Livius, 2, c. 33; 3, c. 55.) On this subject, see Bubino, Untersuchungen über Röm. Verfassung, p. 32.
[72] See Caius Gracchus, [c. 5]. Appian does not mention these measures of Tiberius.
[73] The elections of Tribunes in the time of Cicero were on the 17th of July (Ad Attic. i. 1). According to Dionysius the first Tribunes entered on their office on the 10th of December. Kaltwasser suggests that as it was now the summer season, the country people were busy in their fields and could not come to the election, which thus would be in the hands of the townspeople. If Tiberius was killed in July and entered on his office in the previous December, this will agree with what Cicero says of him, “he reigned a few months.” (Lælius, c. 12.)
[74] A cage, the Roman cavea. This was one of the modes of ascertaining the will of the gods. It was a firm belief among the nations of antiquity that the gods did by certain signs and tokens give men the opportunity of knowing their will. The determination of these signs was reduced to a system, which it was the duty of certain persons, augurs and others, to learn and to transmit. The careful reader will find many other notices of this matter in Plutarch and some in these notes. (See Sulla, c. 6, notes.)
P. Claudius Pulcher, who was consul B.C. 249, and in the command of the Roman fleet off Sicily, despised the omens. The fowls would not eat, which portended that his projected attack on the Carthaginians would be unfavourable; but Claudius said that if they would not eat, they should drink, and he pitched the sacred fowls into the sea. He lost most of his ships in the engagement that followed. (Cicero, De Natura Deorum, ii. 3.) The “birds” of Plutarch are “fowls,” “pulli.”
[75] His name was Fulvius Flaccus; the name of Flaccus belongs to the Fulvii. As he was a friend of Tiberius, it is probable that a Marcus Fulvius Flaccus is meant, who is mentioned in the Life of Caius.
[76] This was P. Mucius Scævola. His colleague L. Calpurnius Piso was conducting the war in Sicily against the slaves who had risen. The Senate, according to Appian (Civil Wars, i. 16), was assembled in the Temple of Fides on the Capitol. The circumstances of the death of Tiberius are told by Appian (Civil Wars, i. 15. 16), who states that there was a fight between the partisans of Tiberius and the other party before the Senate met.
[77] To make Plutarch consistent, we must suppose that Caius had returned to Rome. (See [c. 13].)