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
been so far successful that Gracchus occupied but the fourth place on
the list.[591] But, from the moment of his entrance on office, his
predominance was assured. We hear nothing of the colleagues whom he
overshadowed. Some may have been caught in the stream of Gracchus's
eloquence; others have found it useless or dangerous to oppose the
enthusiasm which his proposals aroused, and the formidable combination
which he created by the alluring prospects that he held out to the
members of the equestrian order. The collegiate character of the
magistracy practically sank into abeyance, and his rule was that of a
single man. First he gave vent to the passions of the mob by dwelling,
as no one had yet dared to do, on the gloomy tragedy of his brother's
fall and the cruel persecution which had followed the catastrophe. The
blood of a murdered tribune was wholly unavenged in a state which had
once waged war with Falerii to punish a mere insult to the holy office,
and had condemned a citizen to death because he had not risen from his
place while a tribune walked through the Forum. "Before your very eyes,"
he said, "they beat Tiberius to death with cudgels; they dragged his
dead body from the Capitol through the midst of the city to cast it into
the river; those of his friends whom they seized, they put to death
untried. And yet think how your constitution guards the citizen's life!
If a man is accused on a capital charge and does not immediately obey
the summons, it is ordained that a trumpeter come at dawn before his
door and summon him by sound of trumpet; until this is done, no vote may
be pronounced against him. So carefully and watchfully did our ancestors
regulate the course of justice." [592] A cry for vengeance is here
merged in a great constitutional principle; and these utterances paved
the way for the measure immediately formulated that no court should be
established to try a citizen on a capital charge, unless such a court
had received the sanction of the people.[593] The power of the Comitia
to delegate its jurisdiction without appeal is here affirmed; the right
of the senate to institute an inquisition without appeal is here denied.
The measure was a development of a suggestion which had been made by
Tiberius Gracchus, who had himself probably called attention to the fact
that the establishment of capital commissions by the senate was a
violation of the principle of the _provocatio_ Caius Gracchus, however,
did not attempt to ordain that an appeal should be possible from the
judgment of the standing commissions (_quaestiones perpetuae_); for,
though the initiative in the creation of these courts had been taken by
the senate, they had long received the sanction of law, and their
self-sufficiency was perhaps covered by the principle that the people,
in creating a commission, waived its own powers of final jurisdiction.
But there were other technical as well as practical disadvantages in
instituting an appeal from these commissions.
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