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
they should be influenced by considerations arising from issues whether
legislative or administrative. But this appearance of detachment was
wholly illusory, and the well-intentioned experiment was as vain as that
of Solon, when he carefully separated the administrative and judicial
boards in the Athenian commonwealth and composed both bodies of
practically identical individuals. The new court for the trial of
extortion, constituted by the Calpurnian and renewed later by a Junian
law, was controlled by a detachment of the governing body which saw in
each impeachment a libel on its own system of administration, and in
each condemnation a new precedent for hampering the uncontrolled power
exercised in the past or coveted for the future by the individual juror.
This class spirit may have been more powerful than bribery in its
production of suspicious acquittals; and the fact that prosecution was
frankly recognised as the commonest of party weapons, and that speeches
for the prosecution and defence teemed with irrelevant political
allusions, reduced the question of the guilt of the accused to
subordinate proportions in the eyes of all the participants in this
judicial warfare. Charges of corruption were so recklessly hurled at
Rome that we can seldom estimate their validity; but the strong
suspicion of bribery is almost as bad for a government as the proved
offence; and it was certain that senatorial judges did not yield to the
evidence which would have supplied conviction to the ordinary man. Some
recent acquittals furnished an excellent text to the reformer. L.
Aurelius Cotta had emerged successfully from a trial, which had been a
mere duel between Scipio Aemilianus for the prosecution and Metellus
Macedonicus for the defence. The judges had shown their resentment of
Scipio's influence by acquitting Cotta; and few of the spectators of the
struggle seem even to have pretended to believe in the innocence of the
accused.[620] The whole settlement of Asia had been so tainted with the
suspicion of pecuniary influences that, when Manius Aquillius
successfully ran the gauntlet of the courts,[621] it was difficult to
believe that the treasures of the East had not co-operated towards the
result, especially as the senate itself by no means favoured some of the
features of Aquillius's organisation of the province. The legates of
some of the plundered dependencies were still in Rome, bemoaning the
verdict and appealing for sympathy with their helpless fellow
subjects[622] Circumstances favoured the reformer; it was possible to
bring a definite case and to produce actual sufferers before the people;
while the senate, perhaps in consequence of the attitude of some honest
dissentients, was unable to make any effectual resistance to the scandal
and its consequences.
Public-domain text, read in full here on John Shaqi.
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