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Updated: June 5, 2025
When Caepio saw Maximus negotiating with the envoys of the Cimbri, he fancied that the latter wished to gain the sole credit of their subjugation, and threw himself with his portion of the army alone in all haste on the enemy.
But by the Germans the Roman People have been bereft of five armies, all commanded by Consuls; by the Germans, the commanders of these armies, Carbo, and Cassius, and Scaurus Aurelius, and Servilius Caepio, as also Marcus Manlius, were all routed or taken: by the Germans even the Emperor Augustus was bereft of Varus and three legions.
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. 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.
The sea was very rough, and no convenient ship of any size to be had; so Cato, getting into a small trading-vessel, with only two of his friends and three servants, set sail from Thessalonica, and having very narrowly escaped drowning, he arrived at Aenus just as Caepio expired.
Whether or no the law of Gracchus had been repealed by another Servilian law that of Q. Servilius Caepio we cannot say for certain. If so, the second Servilian law repealed the first.
"As Caius Pansa the consul has addressed to us a speech concerning the letters which have been received from Quintus Caepio Brutus, proconsul, and have been read in this assembly, I give my vote in this matter thus.
Cnaeus Mallius Maximus commanded the main force on that side of the river, and he told Caepio, who as consul was in command on the right bank, to cross and effect a junction. But Caepio was as wilful as Minucius had shown himself towards another Maximus in the Second Punic War. Maximus was also defeated, and the Romans were reported to have lost 80,000 men and 20,000 camp followers.
"I really don't know," said I; "but we have a speech made by Crassus in his consulship, in praise of Q. Caepio, intermingled with a defence of his conduct, which, though a short one if we consider it as an Oration, is not so as a Panegyric; and another, which was his last, and which he spoke in the 48th year of his age, at the time he was censor.
Valerius Paulinus, who agreed in the main with Caepio, proposed that an inquiry should be instituted into the case of Theophanes, as soon as he had concluded his work on the deputation. It was urged that during his conduct of the prosecution he had committed a number of offences which came within the scope of the law under which he had accused Bassus.
And even as to the horrors attaching to his restoration, the proscriptions and confiscations are they, compared with the doings of Nasica, Popillius, Opimius, Caepio and so on, anything else than the legal embodiment of the customary oligarchic mode of getting rid of opponents?
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