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Updated: June 5, 2025
XXI. About the same time he married Calpurnia, the daughter of Lucius Piso, who was to succeed him in the consulship, and gave his own daughter Julia to Cneius Pompey; rejecting Servilius Caepio, to whom she had been contracted, and by whose means chiefly he had but a little before baffled Bibulus.
But, in any case, we cannot afford to neglect the express testimony to the fact that the senate was to have possession of the courts; and the only method of reconciling this view with the other tradition of a partition of jurisdiction between the orders, is to suppose that Caepio attempted the effort suggested by Tiberius Gracchus, once advocated by his brother Caius, and subsequently taken up by the younger Livius Drusus, of increasing the senate by admitting a certain number of knights into that body, and giving the control of the courts to the members of this enlarged council.
Caepio went to Gaul to stake his military reputation on a conflict with the German hordes; he was to return as the best hated man in Rome, to receive no mercy from an indignant people. There was probably more than one cause for this sudden change in political sentiment.
The same summer Clampetia in Bruttium was taken by the consul by storm. Consentia and Pandosia, with some other inconsiderable states, submitted voluntarily. As the time for the elections was now drawing near, it was thought best that Cornelius should be summoned to Rome from Etruria, as there was no war there. He elected, as consuls, Cneius Servilius Caepio and Caius Servilius Geminus.
Saturninus mainly had carried that exceptional commission against Caepio and his associates in spite of the most vehement resistance by the government party; and in opposition to the same he had carried the keenly-contested re-election of Marius as consul for 652.
This disaster happened June 11, B.C. 90, and caused great consternation in Rome. But at Rome small merit was now discerned in any success gained by the veteran general, and Caepio, who had opposed Drusus and was therefore a favourite with the equites, was made joint commander in the north. It was a foolish choice.
In order to get a yet firmer hold upon Pompey, Caesar having a daughter, Julia, who had been before contracted to Servilius Caepio, now betrothed her to Pompey, and told Servilius he should have Pompey's daughter, who was not unengaged either, but promised to Sylla's son, Faustus. A little time after, Caesar married Calpurnia, the daughter of Piso, and got Piso made consul for the year following.
Because Gaius Norbanus had eight years previously in concert with Saturninus driven the consular Quintus Caepio into exile he was now on the ground of his own law accused of high treason, and the jurymen hesitated long not whether the accused was guilty or innocent, but whether his ally Saturninus or his enemy Caepio was to be regarded as the most deserving of their hate till at last they decided for acquittal.
Maximus, an insignificant and incapable man, was as consul the legal superior of his prouder and better born, but not better qualified, proconsular colleague Caepio; but the latter refused to occupy a common camp and to devise operations in concert with him, and still, as formerly, maintained his independent command.
For Aelius himself chose to assume the character of a Stoic, and neither aimed to be, nor ever was an Orator: but he composed several Orations for other people to pronounce; as for Q. Metellus, F. Q. Caepio, and Q. Pompeius Rufus; though the latter composed those speeches himself which he spoke in his own defence, but not without the assistance of Aelius.
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