A History of Rome During the Later Republic and Early PrincipateGreenidge, A. H. J. (Abel Hendy Jones)
History
A History of Rome During the Later Republic and Early Principate
Greenidge, A. H. J. (Abel Hendy Jones)
Rome -- History
vague offences hardly formulated in any particular law, scarcely
differed, except in the fact that no previous magisterial inquiry had
been conducted, from the meeting that deposed Octavius. The gulf that
lies between proceedings in a parliament and proceedings in a court of
law, was far less in Rome than it would have been in those Hellenic
communities that possessed a developed system of criminal judicature.
If criminal analogies failed, a purely political ground of defence must
be adduced. This could hardly be based on considerations of abstract
justice, although, as we shall see, an attempt was made by Tiberius
Gracchus to give it even this foundation. Could it be based on
convenience? Obviously, as Gracchus saw, his act was the only effective
means of removing a deadlock created by a constitution which knew only
magistrates and people and had effectively crippled both. So far, it
might be defended on grounds of temporary necessity. But an act of this
kind could not die. To what consequences might not its repetition lead?
Imagine a less serious question, a less representative assembly. Think
of the possibility of a few hundred desperate members of the
proletariate gathering on the Capitoline hill and deposing a tribune who
represented the interests of the vast outlying population of Rome. This
is a consequence which, it is true, was not realised in the future. But
that was only because the tribunate was more than Gracchus conceived it,
and was too strong in tradition and associations of sanctity to be
broken even by his attack. The scruples which troubled him most arose
from the suspicion that the sacred office itself might have been held to
suffer by the deposition of Octavius, and it was to a repudiation of
this view that he subsequently devoted the larger part of his systematic
defence of his action.
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