A Dictionary of Greek and Roman biography and mythology. By various writers. Ed. by William Smith. Illustrated by numerous engravings on wood.

RABIRIUS. RABIRIUS. 639
vived the old accusation of perdzellio, which had est, non Rabirii," c. 3). Niebuhr, therefore, thinks
been discontinued for some centuries, since persons that the decision of the duumviri was quashed by
found guilty of thelatter crime were given overto the the consul and the senate, on the ground that the
public executioner and hanged on the accursed tree. duumviri were appointed by the praetor, contrary
In accusations of perduellio, the criminal was to law; and that the speech of Cicero, which is
brought to trial before the Duunviri Perduellionis, extant, was delivered before the people, not in dewho were specially appointed for the occasion, and fence of Rabirius on an accusation of perduellio,
who had in former times been nominated by the but to save him from the payment of a heavy fine,
comitia, first of the curiae and afterwards of the in which Labienus attempted to condemn him,
centuries. On the present occasion, however, but despairing of a more severe punishment. But, il
on what ground we are not told, the duumviri the first place, the strong language which Cicero
were appointed by the praetor. They were C. employs throughout this speech would be almost
Caesar himself and his relative L. Caesar. With ridiculous, if the question only related to the imsuch judges the result could not be doubtful; Ra- position of a fine; and in the second place the obbirius was forthwith condemned; and the sentence jections which Niebuhr makes to the account of
of death would have been carried into effect, had Dion Cassius, from the language of Cicero, can
he not availed himself of his right of appeal to the hardly be sustained. With respect to the former
people in the comitia of the centuries. The case of the two objections, it will be seen by a reference
excited the greatest interest; since it was not to the oration (c. 3), that Labienus proposed to insimply the life or death of Rabirius, but the power flict two punishments on Rabirius, a fine on account
and authority of the senate, which were at stake. of the offences he had committed in his private life,
The aristocracy made every effort to save the ac- and death on account of the crime of perduellio in
cused; while the popular leaders, on the other hand, murdering Saturninus: to render the vengeance
used every means to excite the multitude against more complete, he wished to confiscate his property
him, and thus secure his condemnation. On the as well as take away his life. Cicero most clearly
day of the trial Labienus placed the bust of Satur- distinguishes between the two. As to the latter
ninus in the Campus Martius, who thus appeared, objection, that Labienus said that Cicero had done
as it were, to call for vengeance on his murderers. away with trials for perduellio, it is probable that
Cicero and 1Hortensius appeared on behalf of Ra- these words only refer to the resolution of Cicero
birius; but that they might not have much oppor- to defend Rabirius, and to certain assertions which
tunity for moving the people by their eloquence, he may have made in the senate respecting the ilLabienus limited the defence to half an hour. Cicero legality or inexpediency of renewing such an antidid all he could for his client. He admitted that quated form of accusation. (Comp. Drumann,
Rabirius had taken up arms against Saturninus; Geschic7te Romss, vol. iii. p. 163; M6rimde, E'tudes
but denied that he had killed the tribune, who had sur l'Histoire Romcaine, vol. ii. p. 99, &c.)
perished by the hands of a slave of the name of C. Rabirius had no children of his own, and
Sceva. The former act he justified by the example adopted the son of his sister, who accordingly took
of Marius, the great hero of the people, as well as his name. As the latter was born after the death of
of all the other distinguished men of the time. But his father, he is called C. Rabirius Postumus. This
the eloquence of the advocate was all in vain; the Rabirius, whom Cicero also defended, in B. c. 54,
people demanded vengeance for the fallen tribune. is spoken of under POSTUMUS.
They were on the point of voting, and would in- RABI/RIUS. Velleius Paterculus, after enufallibly have ratified the decision of the duumvirs, merating the distinguished literary characters who
had not the meeting been broken up by the praetor, lived in the last years of the republic, in passing
Q. Metellus Celer, who removed the military flag on to those who approached more nearly to his
which floated on the Janiculum. This was in ac- own age, uses the words " interque (sc. igenia)
cordance with an ancient custom, which was in- proximi nostri aevi eminent princeps carminum
tended to prevent the Campus Martius from being Virgilius, Rabiriusque," where some critics have
surprised by an enemy, when the territory of Rome unjustifiably sought to substitute " Variusque " or
scarcely extended beyond the boundaries of the " Horatiusque" for s" Rabiriusque." Ovid also
city; and the practice was still maintained, though pays a tribute to the genius of the same individual
it had lost all its significance, from that love of when he terms him "m nagnique Rabirius oris"
preserving the form at least of all ancient institu- (Ep. ex Pont. iv. 16..5), but Quintilian speaks
tions, which so particularly distinguishes the Ro- more coolly, " Rabirius ac Pedo non indigni cognimans. Rabirius thus escaped, and was not brought tione, si vacet" (x. 1. ~ 90). From Seneca (De
to trial again; since Caesar could have had no Benef. vi. 3), who quotes with praise an expression
wish to take the old man's life, and he had placed in the mouth of Antonius, Lloc habeo quodalready taught the senate an important lesson. cuznque dedi! we are led to conclude that the work
(Dion Cass. xxxvii. 26-28; Suet. Jzsl. 12; Cic. of Rabirius belonged to the epic class, and that the
pro C. Rabir. passim, ins Pis. 2, Orat. 29.) subject was connected with the Civil Wars.
The previous account has been taken from Dion No portion of this piece was known to exist
Cassius, who relates the whole affair with great until among the charred rolls found at HIercuminuteness. Niebuhr, however, in his preface to laneum a firagment was decyphered which many
Cicero's oration for Rabirius, has questioned the believe to be a part of the poem of Rabirius. It
accuracy of the account in Dion Cassius; urging that was first printed in the Volumina Hlerculanensia
Cicero speaks (c. 3) of the infliction of a fine by (vol. ii. p. 13, fol. Neap. 1809), and subsequently,
Labienus, which could have nothing to do with a in a separate form, in a volume edited by Kreyssig
trial of perduellio; and also that Labienus com- under the title " Carminis Latini de bello Actiaco
plainled of Cicero's having done away with the trial s. Alexandrino fragmenta," 4to. Schneeberg, 1814.
for perduellio (" naum de perduellionis judicio, quod A translation into Italian appeared at Forli, 4to.
a me sublatum esse criminari soles, meum crimen 1830, styled "c Frammenti di Rabirio poeta tra