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
primarily in the interests of her own citizens; but the Italians were
tending to forget their civic independence, and chose rather to compare
their personal rights with those of the Roman burgesses. Such a
comparison applied to the final agrarian settlement must have done
something to emphasise their belief in the inferiority of
their position.
This review of the legislation on social questions which was initiated
or endured by the senate, shows the tentative attitude adopted by the
nobility in their dealings with the people, and proves either a
statesmanlike view of the needs of the situation or the entire lack of a
proud consciousness of their own immunity from attack. Even had they
possessed the power to dictate to the Comitia, they were hemmed in on
another side; for they had not dared to raise a protest against the law
of Gracchus which transferred criminal jurisdiction over the members of
their own order to the knights. The equestrian courts sat in judgment on
the noblest members of the aristocracy; for the political or personal
motives which urged to prosecution were stronger even than the
camaraderie of the order, and governors of provinces were still in
danger of indictment by their peers. Within two years of the
transference of the courts, Quintus Mucius Scaevola, known in later life
as "the Augur" and famed for his knowledge of the civil law, returned
from his province of Asia to meet the accusation of Titus Albucius.[783]
The knights did not begin by a vindictive exercise of their authority.
Although Asia was the most favoured sphere of their activity, Scaevola
was acquitted. Seven years later they gave a stern and perhaps righteous
example of their severity in the condemnation of Caius Porcius
Cato.[784] The accused when consul had obtained Macedonia as his
province, and had waged a frontier war with the Scordisci, which ended
in the annihilation of his forces and his own narrow escape from the
field of battle. His ill-success perhaps deepened the impression made by
his extortions in Macedonia, and he was sentenced to the payment of a
fine. Neither in the case of the acquittal nor in that of the
condemnation does political bias seem to have influenced the judgment of
the courts, and the equestrian jurors may have seemed for a time to
realise the best hopes which had inspired their creation.
Public-domain text, read in full here on John Shaqi.
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