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It seems that the consul Opimius himself, although he could not preside at the final meeting of the assembly, which was purely plebeian, was about to hold a Contio or to speak at one summoned by the tribunes. Gracchus himself did not immediately enter the area in which the meeting was to be held, but paced the portico of the temple buried in his thoughts.
It probably came under the expansive conception of treason, and was possibly connected with those very proceedings in consequence of which Opimius had been accused and acquitted.
The scheme of taxation in the province of Asia was also left untouched. But what they dared to do they did. They prosecuted the adherents of Gracchus. They recalled Popillius from exile. When Opimius was arraigned for 'perduellio, or misuse of his official power to compass the death of a citizen, they procured his acquittal.
Here a man named Antyllus, who was sacrificing, probably in behalf of Opimius the consul, either insulted the Gracchans and was stabbed by them, or caught hold of Caius's hand, or by some other familiarity or importunity provoked some hasty word or gesture from him, upon which he was stabbed by a servant.
That prince, however, did not allow his past relations to be an obstacle to his present enterprise. The conquest of Opimius was the immediate object to which he devoted all his energies. As soon as the commissioners had appeared on African soil, they and their chief were received with the utmost deference by the king.
Their action had put them outside the pale of law, and the decree of the senate, which had assisted Opimius in the extreme course that he had taken, was an index that the danger, which it vaguely specified, aimed at the actual existence of the commonwealth and undermined the very foundations of society. Such was the theory of martial law which Opimius's bold action gave to his successors.
The gesture was misinterpreted, and the unhappy man fell pierced with iron pens, the only weapons possessed by the unarmed crowd. There could be no question that the first act of violence had come from Gracchus's supporters, and the end for which Opimius had waited had been gained.
The spirit of the Roman people was at last fully aroused, and an investigation was made, which resulted in convicting some of the optimates, one of them being Opimius, the consul, who had been cruelly opposed to Caius Gracchus. A general of integrity was chosen to go to Africa. He was Cæcilius Metellus, member of a family which had come into prominence during the first Punic war.
The humble citizens who produced the head of Flaccus are said to have been defrauded of their reward; but the action of the man who wrested the head of Gracchus from the first possessor of the prize and bore it on a javelin's point to Opimius, long furnished a text to the moralist who discoursed on the madness of greed and the thirst of gold.
A second blow was inflicted on him by the consular elections, which not only proved in a general sense adverse to the democracy, but which placed at the head of the state Lucius Opimius, who as praetor in 629 had conquered Fregellae, one of the most decided and least scrupulous chiefs of the strict aristocratic party, and a man firmly resolved to get rid of their dangerous antagonist at the earliest opportunity.
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