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Murder in Proconsular Africa
Associated to Place: Domus > articles -- by * Mauricius Fabius (20 Articles), General Article
Telling the story (with a dash of dramatic license) of the murder of L. Cornelius Lentulus, governor of Africa Proconsularis in the early first century C.E., and of how an innovative clause in his last will and testament prompted the emperor Augustus to amend Roman law, thus affecting the lives of millions of Roman citizens until the fall of the empire, and perhaps still affects some people’s lives today.
At some time in early summer of the 31st or 32nd year of the reign of Augustus[1], news reached Rome that the governor of Proconsular Africa, Lucius Cornelius Lentulus, had been murdered. The information, considered military intelligence, was brought directly to the Senate, and of course to the princeps. There had been trouble brewing in the eastern part of the province for several years – revolt against Roman hegemony stirred up by indigenous tribes like the Gaetuli. Lucius, appointed governor only months before, had been chosen especially to deal with the current uprising which involved the Nasamone tribes. His death so soon after his arrival in Africa not only took everyone by surprise but generated suspicion in all circles. The news of the murder spread all the more rapidly around the city that, according to the legionary envoy, it was not immediately known by whom Lucius had been killed.

murder

In this case, the mystery, though short-lived, no doubt sparked more speculation and rumour than was usual. For not only was L. Cornelius Lentulus from an ancient patrician family and a wealthy man, he was also fond of money. Nothing relieved him more than to find new (and legal) ways to delay paying off his debts. Several creditors had a lot of money tied up in Lucius’ accounts. Could the murder of the proconsul in far-away Africa be linked to some shady financial dealing in Rome ? It was even speculated that one reason why he had so promptly accepted his assignment to the wilds of Africa was so that he could yet again evade his debtors. And yet, as will shortly be seen, Lucius was at heart an honest man, though honesty can sometimes ally itself with cunning malice.

Businessmen weren’t the only ones impatient to see the Lucius’ bank accounts opened. His daughter Cornelia was equally if not more eager to get her hands on what she considered to be her just deserts. Like her father, Cornelia enjoyed having money – to spend, but also to hoard. It is possible that she believed that her father acted meanly towards her by not allowing her to take part in the management of his money. Whether her recriminations were justified or not was irrelevant : it made a very suitable subject for snickering amongst the city’s idle rich.

It seems likely that Cornelia was informed of her father’s death immediately after the senators or even at the same time. What is certain is that she sent her father’s freedmen or some friends to conduct the formalities of the transfer of titles – she was confined to the house, mourning and decency oblige – and that they returned with the astounding news that the money was untouchable. One imagines the outrage the bereaved daughter must have felt. In Rome, interfering with an inheritance was an extremely grave affair. But her outrage must have paled in comparison to the shock she experienced on learning that the restraining order came from Augustus himself, and that she was soon to receive a summons to the imperial palace.

Augustus

That news would have fired vehement gossiping at every dinner party that same evening. Those with a taste for playing detective will have leapt to the conclusion that somehow Cornelia must have sent an assassin to Africa to do away with her father. Motive : hasten the process of inheriting a considerable fortune.

But the rumours died in the next day or two when another military envoy arrived from Africa with a full report. While on what had been arranged as a diplomatic mission to representatives of the rebel tribes, Lucius had been killed in a perfidious attack on the Roman contingent in violation of the oath of truce that the Nasamones had sworn before Zeus.[2] The report concluded with the decision of the legate of the legio III Augusta to deal with the revolt using the argument of force rather than through the force of argument.[3]

The other revelation of the day was that the proconsul’s will, deposited at the temple of Vesta before his departure for Africa, contained a clause announcing future codicils that would complement the document. And true to his word, Lucius had in fact written a number of codicils over several days after his arrival in Africa ; they had arrived in Rome with his official papers. In them, various friends, his daughter Cornelia and the emperor Augustus were named as fiduciarii and charged with the task of repaying all outstanding debts, which the proconsul had diligently enumerated.

The procedure was not so much an irregularity as an innovation. In the past, codicils written in extremis by dying men were more often than not attempts to cheat the fiscus, and were considered illegal. However, as Augustus’ venerable legal advisor C. Trebatius Testa[4] pointed out, the proconsul had provided for the codicils in his will.[5] Furthermore, his intention was manifestly not to commit fraud but on the contrary to regularize his financial situation. To do that, he counted on the emperor’s intervention for, as it became clear through his personal documents, Lucius did not trust his daughter to treat his creditors equitably. In Roman legal custom, the ordinary procedure for modifying one’s last wishes was to make a new will duly witnessed by seven Roman citizens and to deposit it at the temple of Vesta. As it stood, this law precluded a change of will by anyone residing far from Rome. It was Trebatius’ opinion that Augustus should recognize the legality of the Lucius’ actions and consider the codicils as legally binding.

Augustus followed the jurist’s advice. Thus it was that Roman law was amended on the emperor’s auctoritas, as Justinian’s Institutiones testify.[6] Codicils written after a testament had been sealed and deposited at the temple of Vesta were recognized as legal documents in cases where testaments confirmed the codicils (i.e. announced them) and where testators met with difficulties in following normal procedure for changing the will. The proconsul’s debts were paid off by the executors named, including his daughter Cornelia, who then inherited what was left over. History doesn’t say whether she considered the amount left over a substantial fortune.


1. In 4 or 5 C.E.
2. Dionysios Periegetes (of Alexandria), Periegesis, v. 210. This little-known second century C.E. geographer wrote a guide to the world (Periegesis) in 1168 hexameters.
3. Cossus Cornelius Lentulus, no doubt a relative of the murdered proconsul, successfully crushed the rebellion in 6 C.E. and was awarded with triumphal ornaments by Augustus.
4. Born circa 84 B.C.E., thus quite old at the time of Lucius’ death.
5.Scripsit codicillos testamento confirmatos, and propter magnas et longas peregrinations ; see following footnote.
6. The proconsul’s innovation is cited as a reference in the Corpus Juris Civilis, I, Institutiones, II, 25. The amendment states that si quis testamentum facere non posset, tamen codicillos posset. The text does not however name the proconsul whose innovation caused the amendment. Identification is deduced from snippets in Cassius Dio (LV, 28, 2-3), surviving fragments of Dionysios Periegetes and especially the commentary on the latter’s work by Eustathios of Thessalonica (12th century). Eustathios misspells the name of the Roman strategos using a rhô in place of a lambda : Rentoulos. The correction is established by C. Müller, Geographi Graeci Minores, A. Firmin Didot, Paris, 1855, vol. II, p. 253.


Source : J. Desanges, “Un drame africain sous Auguste, le meurtre du proconsul L. Cornelius Lentulus,” Collection Latomus, 102 (Hommages à Marcel Renard II, 1969), pp. 197 - 213.
For Dionysios Periegetes, see this German Wikipedia entry, and answers.com.
For Trebatius Testa, see this German wikipedia entry.

Images : the blood-stained Roman official (Julius Caesar) from Greatbong blog ; Augustus in profile from the book cover of a novel by John Buchan ; detail of a map of the world known to Herodotus from the book cover of a collection of essays by R. Kapuscinski.

Divinely Decadent Demi Domus
~ Table of Contents ~
Test Article II
Test Article III
Etruscan Cities and their Environment: Pyrgi
Etruscan Cities and Their Environment: Caere
The Tribe of the Langobarden
Information about Crete, Knossos, Rethymno and Chania
A Woman Of Sparta
Menerva on an Etruscan Mirror in the Badisches Landesmuseum in Karlsruhe, Germany
Martialis, the poet of Epigrams
The Southern part of the Campus Martius and the Circus Flaminius Area
Forum Romanum: Rostra, Curia, Decennalia Base and Lapis Niger
Forum Romanum: The Arch of Titus
Forum Romanum: The Arch of Septimius Severus
Forum Romanum: the Temple of Vesta and the Vestal Virgins
An Introduction to the Classic Period Maya I ~*Roots*~
Insulae
Maecenas
Worship on the Esquiline
Pompey
Virgil
Horace
Propertius
The Architecture of Cicero's Villa in Tusculum
Heraklia's Oikos
The
Villa Rustica - The Villa Buildings
The Villa Rooms
The Vintnery
Ongoing Restoration of Shunet el-Zebib
Quintus Ennius : a Greco-Roman «Republican» Poet on the Aventine
A Tour of the Aventine Hill
Shops and Craftsmen of the Aventine
ENKI AND ERIDU: THE JOURNEY OF THE WATER--GOD TO NIPPUR By Kishra Etana
Marcus Antonius
The Souls of Pe and Nekhen
Posted Oct 5, 2008 - 09:39 , Last Edited: Oct 19, 2008 - 16:39











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