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Updated: May 11, 2025
A new cause of disturbance had also arisen. The quæstors, Aulus Cornelius and Quintus Servilius, appointed a day of trial for Marcus Volscius, because he had come forward as a manifestly false witness against Caeso.
In consequence of Volscius vociferating these charges, the people became so excited, that Cæso was near being killed through the violence of the people. Virginius orders him to be seized and carried to prison. The patricians oppose force to force.
Lucius Minucius and Caius Nautius being next elected consuls, took up the two causes which lay over since the preceding year. The consuls obstructed the law, the tribunes the trial of Volscius in the same manner: but in the new quæstors there was greater power, and greater influence.
Besides the quæstors who by virtue of their office were to prosecute Volscius, many persons on their own account, and on their private responsibility, cited him into court, and challenged him to discuss the case before a judge.
Independently of the general odium, one charge in particular bore heavily on the accused; that Marcus Volscius Fictor, who some years before had been tribune of the people, had come forward to bear testimony: that not long after the pestilence had raged in the city, he had fallen in with a party of young men rioting in the Subura; that a scuffle had taken place: and that his elder brother, not yet perfectly recovered from his illness, had been knocked down by Cæso with a blow of his fist: that he had been carried home half dead in the arms of some bystanders, and that he was ready to declare that he had died from the blow: and that he had not been permitted by the consuls of former years to obtain redress for such an atrocious affair.
Lucius Minucius and Gaius Nautius being next elected consuls took up the two causes which remained undecided from the preceding year. As before, the consuls obstructed the law, the tribunes the trial of Volscius: but in the new quæstors there was greater power and greater influence.
Independently of the general odium, one charge bore heavily on the accused; that Marcus Volscius Fictor, who some years before had been tribune of the people, had come forward as a witness: "that not long after the pestilence had been in the city, he had fallen in with a party of young men rioting in the Suburra; that a scuffle arose there; and that his elder brother, not yet perfectly recovered from his illness, had fallen down almost dead, being struck with the fist by Cæso; that he was carried home between the hands of some persons, and that he considered that he died from that blow; and that it had not been permitted to him by the consuls of former years to follow up the matter."
Now of all things that were alleged against him the most grievous was the accusation brought by a certain Volscius that had once been tribune of the Commons; for Volscius bare this witness against him: "Not many days after the plague had ceased from the city, I, with others in my company, fell in with certain young men, of whom this Kæso was one, disporting themselves in the street.
A new cause of disturbance also arose. Aulus Cornelius and Quintus Servilius, quæstors, appoint a day of trial for Marcus Volscius, because he had come forward as a manifestly false witness against Cæso.
On that day the freedom of the state was granted to Lucius Mamilius of Tusculum, with universal approbation. The dictator would have laid down his office, had not the assembly for the trial of Marcus Volscius, the false witness, detained him; the fear of the dictator prevented the tribunes from obstructing it. Volscius was condemned and went into exile to Lanuvium.
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