Ancient Rome and Modern America; A Comparative Study of Morals and MannersFerrero, Guglielmo
History
Ancient Rome and Modern America; A Comparative Study of Morals and Manners
Ferrero, Guglielmo
America -- Civilization; Europe -- Civilization; Justice, Administration of -- Rome; Progress
So colourless a solution was, however, not at all to the taste of the
public, which was deeply moved by the sacrilege, and roused to fury
against these great families who abused their power in so scandalous a
way. The public demanded a severer punishment. The small Pietist party,
feeling itself backed by public opinion, brought the matter before the
Senate, by the mouth of an obscure Senator named Quintus Cornificius.
Cornificius proposed that the College of Pontiffs be consulted, and
their opinion asked as to the gravity and character of the crime
committed by Clodius. The proposal was an ingenious one. According to
ancient ideas, it was incumbent on the State itself to take precautions
that the gods should have no motive for losing their tempers with the
people and the city, and thereupon wreaking vengeance upon Rome. With
the public thrown into such a state of fear and commotion by Clodius’s
sacrilege, the Senate could not refuse to consult the Pontiffs, to
learn from them whether this act constituted an outrage against the
gods, and, if so, an outrage of what gravity. The College of Pontiffs
answered that the act was _nefas_—the technical expression which
indicated the gravest of delinquencies towards the divinity. Their
answer could not have been otherwise. Nevertheless, however _nefas_ the
act might be, there was no law which punished it.
So when the answer of the College of Pontiffs reached the Senators,
the latter found themselves confronted with the following situation.
A very grave and scandalous crime had been committed by one of the
best-known members of the aristocracy. This crime had stirred the
public indignation to its depths, and had been declared _nefas_ by the
College of Pontiffs. Yet there was no way of punishing it, because
the arsenal of the law did not provide the weapons necessary for its
punishment. The danger inherent in this state of affairs was obvious.
The public, infuriated and dismayed, would never believe that Clodius
could not be punished—because the laws had never even imagined that
such an abomination could ever be committed by a Roman. The public
would declare that Clodius had escaped his richly-deserved punishment
because he belonged to one of the most conspicuous and influential
families in Rome. The aristocracy was superior to the law; it could
even provoke with impunity the wrath of the gods against the city!
What was to be done? Public opinion, in its agitated state, kept
egging on the Senate; and the Pietist and ruthless party, profiting
by the popular agitation, attempted a daring move, proposing to the
Senate that it should invite the Consuls to make a special law, which
should have retrospective force, and should declare Clodius’s act on
a plane with the crime of incest,—make it equivalent, that is, to the
seduction of a vestal virgin, a crime which, according to ancient law,
was punishable with death, and which fell to be judged by the College
of Pontiffs.
Public-domain text, read in full here on John Shaqi.
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