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
The first tribunate of Caius Gracchus doubtless witnessed the completion
of these four acts of legislation, by which the debt to his supporters
was lavishly paid and their aid was enlisted for causes which could only
indirectly be interpreted as their own. But this year probably witnessed
as well the promulgation of the enactments which were to find their
fulfilment in a second tribunate.[617] Foremost amongst these was one
which dealt with the tenure of the judicial power as exercised, not by
the magistrate, but by the panels of jurors who were interpreters both
of law and fact on the standing commissions which had recently been
created by statute. The interest of the masses in this question was
remote. A permanent murder court seems indeed to have had its place
amongst the commissions; but, even though the corruption of its
president had on one occasion been clearly proved,[618] it is not likely
that senatorial judges would have troubled to expose themselves to undue
influences when pronouncing on the _caput_ of a citizen of the lower
class. The fact that this justice was administered by the nobility may
have excited a certain degree of popular interest; but the question of
the transference of the courts from the hands of the senatorial
_judices_ would probably never have been heard of, had not the largest
item in this judicial competence had a decisively political bearing. The
Roman State had been as unsuccessful as others of the ancient world in
keeping its judicial machinery free from the taint of party influences.
It had been accounted one of the surest signs of popular sovereignty
that the people alone could give judgment on the gravest crimes and
pronounce the capital penalty,[619] and recent political thought had
perhaps wholly adapted itself to the Hellenic view that the government
of a state must be swayed by the body of men that enforces criminal
responsibility in political matters. This vital power was still retained
by the Comitia when criminal justice was concerned with those elemental
facts which are the condition of the existence of a state. The people
still took cognisance of treason in all its degrees--a conception which
to the Roman mind embraced almost every possible form of official
maladministration--and the gloomy record of trials before the Comitia,
from this time onward to the close of the Republic, shows that the
weapon was exercised as the most forcible implement of political
chastisement. But chance had lately presented the opportunity of making
the interesting experiment of assimilating criminal jurisdiction in some
of its branches to that of the civil courts. The president and jurors of
one of the newly established _quaestiones_ formed as isolated a group as
the _judex_ of civil justice with his assessors, or the greater panels
of Centumvirs and Decemvirs. They possessed no authority but that of
jurisdiction within their special department; there seemed no reason why
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