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 superficial aspect of this great change seemed full of promise for
the future. The ample means of the new jurors might be taken as a
guarantee of their purity; their selection from the middle class, as a
security of the soundness and disinterestedness of their judgments.
Perhaps Gracchus himself was the victim of this hope, and believed that
the scourge of the nobility which he had placed in the hands of the
knights, might at least be decorously wielded. The judgment of the
after-world varied as to the mode in which they exercised their power.
Cicero, in advocating the claims of the order to a renewed tenure of
authority, could urge that during their possession of the courts for
nearly fifty years, their judgments had never been tainted by the least
suspicion of corruption.[629] This was a safe assertion if suspicion is
only justified by proof; for the Gracchan jurors seem to have been from
the first exempted from all prosecution for bribery.[630] This legal
exemption is all the more remarkable as Gracchus himself was the author
of a law which permitted a criminal prosecution for a corrupt
judgment.[631] It is difficult to understand the significance of this
enactment, for the magistrates, against whom it was directed, were in
few cases judges of fact, except in the military domain. It could not
have referred to the president of a standing commission who was a mere
vehicle for the judgment of the jury; but Gracchus probably contemplated
the occasional revival of special commissions sanctioned by the people,
and it is possible that even the two praetors who presided over the
civil courts may have been subject to the operation of the law, which
may not have been directed merely against corrupt sentences in criminal
matters, as was subsequently the case when the law was renewed by Sulla.
It is even possible that the law dates from a period anterior to the
creation of the equestrian _judices_; but, even on this hypothesis, the
exclusion of the latter from its operation was something of an anomaly;
for even the civil _judex_ of Rome, on whose analogy the jurors of the
standing commissions had been created, was in early times criminally,
and at a later period at least pecuniarily, liable for an unjust
sentence.[632] We shall elsewhere have occasion to dwell on the value
which the equestrian order attached to this immunity, and we shall see
that its relief at the freedom from vexatious prosecution is of itself
no sign of corruption. One of our authorities does indeed emphatically
assert the ultimate prevalence of bribery in the equestrian courts:[633]
and circumstances may be easily imagined which would have made this
resort natural, if not inevitable. A band of capitalists eager to secure
a criminal verdict, which had a purely commercial significance, would
scarcely be slow to employ commercial methods with their less wealthy
representatives on the Bench, and votes might have been purchased by
transactions in which cash payments played no part.
Public-domain text, read in full here on John Shaqi.
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