Page:Dictionary of Greek and Roman Biography and Mythology (1870) - Volume 3.djvu/1192

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6. Q. Aelius Tubero, the son of No. 5, the jurist. See below, No. 2.

TU'BERO, AE'LIUS, jurists. 1. Q. Aelius Tubero, called the Stoic, was a pupil of Panaetius; and one of the scholars of Panaetius dedicated to Tubero a treatise De Officiis (Cic. de Off. iii. 15). He was the son of Q. Aelius Tubero, who was the son-in-law of L. Aemilius Paulus. [See above. No. 3.] Tubero the son had a reputation for talent and legal knowledge. (Cic. Brut. 31, pro Muren. c. 36 ; Tac. Ann. xvi. 22 ; Gell. i. 22.) Plutarch (Lucull. c. 39) attributes to this Tubero the saying that Lucullus was " Xerxes in a toga ;" but this is a mistake, for Tubero the Stoic was a contemporary of the Gracchi and tribunus plebis in b. c. 133, the year in which Tiberius was also tribunus plebis. Lucullus could not play the part of Xerxes in a toga earlier than b. c. 63. In b. c. 129 Tubero failed in his candidateship for the praetorship, but in b. c. 123 he was praetor. Pomponius says that he was also consul, but it has been inferred from the passage in the Brutus (c. 31) that he never obtained the consulship. He appears however to have been consul suffectus in b. c. 118. He was an opponent of C. Gracchus as well as of Tiberius, and delivered some speeches against him b. c. 123. Tubero is one of the speakers in Cicero's dialogue de Republica. The passages in the Pandect in which Tubero is cited do not refer to this Tubero, but to the son of Lucius. (Cic. Brut. ed. H. Meyer, c. 31, and the note ; H. Meyer, Oratorum Romanorum Frag. p. 251, 2d ed.)

2. Q. Aelius Tubero, the son of Lucius [see above. No. 5], was born probably about b. c. 74. When he was a young man, he made a speech (b. c. 46) before C. Julius Caesar against Q. Ligarius, who was defended by Cicero in a speech which is extant (Pro Q. Ligario). When L. Tubero, who had been appointed governor of Africa by the senate, attempted to land there, Ligarius, who held Africa in the capacity of legatus, prevented Lucius from landing with his son Quintus, who accompanied him ; and this was the main cause of the enmity of Tubero against Ligarius. The oration of Tubero is mentioned by Quintilian (Instit. Orat. x. 1. § 23, xi. 1. § 78). After his failure on this occasion Tubero applied to the study of the Jus Civile under Ofilius ; and he obtained considerable reputation. He had a great knowledge both of Jus Publicum and Privatum, and he wrote several works on both these divisions of law ; but he affected an antiquated mode of expression, which made his writings less agreeable to read (Pomponius, Dig. 1. tit. 2. s. 2. § 46): from this remark of Pomponius we may infer that Tubero's works were extant when he wrote. Tubero married a daughter of Servius Sulpicius, and the daughter of Tubero was the mother of the jurist C. Cassius Longinus. It is uncertain if this Tubero was consul under Augustus b. c. 11, with P. Fabius Maximus, for his consulship is not mentioned by Pomponius, but that omission is not decisive against the evidence of the Fasti Capitolini and Plinius (H. N. viii. 17). A work by Tubero, " De Officio Judicis " is mentioned by Gellius (xiv. 2) ; and another " Ad C. Oppium" is mentioned by Gellius (vii. 19). Like his father Q. Tubero wrote a history (Liv. iv. 23 ; Suet. Caes. 83), but whether the quotations of A. Gellius (vi. 3, 4) are taken from the history of the father or the son cannot be determined. Tubero the jurist, who is often cited in the Digest, is this Tubero ; but there is no excerpt from his writings. [G. L.]

TU'BERO, L. SEIUS, a legatus of Germanicus in his campaign in Germany in a. d. 16, was consul with the latter in a. d. 18. Tubero was falsely accused of majestas in a. d. 24. (Tac. Ann. ii. 20, iv. 29 ; Fasti.)

TUBERTUS, the name of an ancient family of the patrician Postumia gens.

1. P. Postumius Q. f. Tubertus, consul b. c. 505 with M. Valerius Volusus in the fifth year of the republic. Both consuls fought against the Sabines, over whom they gained a decisive victory in the neighbourhood of Tibur, and obtained in consequence the honour of a triumph. (Liv, ii. 16 ; Zonar. v. 37—39 ; Plut. Public. 20 ; Zonar. vii. 13.) Tubertus was consul again in b. c. 503 with Agrippa Menenius Lanatus. According to Livy he defeated the Aurunci, and on his return triumphed over them ; but other authorities relate that he again fought against the Sabines, and at first with bad success, but that he afterwards gained a victory over them, and on his return celebrated the lesser triumph or ovation, which was on this occasion first introduced at Rome. (Dionys. v. 44—47 ; Zonar. vii. 13; Plin, H. N. xv. 29; Fasti Cap.) In b. c. 493 he was one of the ten ambassadors sent by the senate to the people on the Sacred Mountain. (Dionys, vi. 69.) This Tubertus was buried in the city on account of his virtues, a privilege which his posterity retained. (Cic. de Leg. ii. 23.)

2. A. Postumius Tubertus, was magister equitum to the dictator Mam. Aemilius Mamercinus in b. c. 433, and was himself dictator in b. c. 431. The latter year was memorable in the Roman annals by the great victory which the dictator gained on Mount Algidus over the united forces of the Aequians and Volscians. This victory, which is related to have been fought on the 18th of June, decided the contest with the Aequians, who from this time forward appear as the subjects of Rome. According to universal tradition the dictator put his son to death in this campaign, because he quitted the post in which his father had placed him, through his desire of fighting with the enemy. This story is rejected by Livy, but on insufficient grounds, as Niebuhr has shown. Tubertus celebrated a triumph on his return to Rome. (Liv. iv. 23, 26—29 ; Diod. xii. 64 ; Ov. Fast. vi. 721, foll. ; Plut. Camill. 2 ; Val. Max. ii. 7. § 6 ; Gell. xvii. 21 ; Niebuhr, Hist. of Rome, vol. ii. p. 452, foll.)

TUBULUS, the name of a family of the Hostilia gens.

1. C. Hostilius Tubulus, praetor urbanus b. c. 209, was stationed in Etruria in the following year (b. c. 208) as propraetor with the command of two legions. He received orders from the senate to keep an especial watch upon Arretium, which was suspected of an inclination to revolt to Hannibal, and he therefore took away as hostages one hundred and twenty children of the senators of the town. Next year (b. c. 207) Tubulus was sent from Etruria to Tarentum, and in the course of the same year from the latter place to Capua ; but while marching to Capua he fell upon Hannibal's array, killed four thousand men, and took nine standards. He continued in the command at Capua till the end of b. c. 203. (Liv. xxvii. 6, 7, 11, 22, 24, 35, 40, xxviii. 10, xxix. 13.)