History of Roman Literature from its Earliest Period to the Augustan Age. Vol. IIDunlop, John Colin
History
History of Roman Literature from its Earliest Period to the Augustan Age. Vol. II
Dunlop, John Colin
Latin literature -- History and criticism
But though the cognizance of crimes was in ordinary cases delegated to the
Prætors, still the Comitia reserved the power of judging; and they
actually did judge in causes, in which the people, or tribunes, who
dictated to them, took an interest, and these were chiefly impeachments of
public magistrates, for bribery or peculation. It was not understood, in
any case, whether tried before the whole people or the Prætor, that either
party was to be very scrupulous in the observance of truth. The judges,
too, were sometimes overawed by an array of troops, and by menaces.
Canvassing for acquittal and condemnation, were alike avowed, and bribery,
at least for the former purpose, was currently resorted to. Thus the very
crimes of the wretch who had plundered the province intrusted to his care,
afforded him the most obvious means of absolution; and, to the wealthy
peculator, nothing could be more easy than an escape from justice, except
the opportunity of accusing the innocent and unprotected. “Foreign
nations,” says Cicero, “will soon solicit the repeal of the law, which
prohibits the extortions of provincial magistrates; for they will argue,
that were all prosecutions on this law abolished, their governors would
take no more than what satisfied their own rapacity, whereas now they
exact over and above this, as much as will be sufficient to gratify their
patrons, the _Prætor and the judges_; and that though they can furnish
enough to glut the avarice of one man, they are utterly unable to pay for
his impunity in guilt(309).”
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