Niebuhr's lectures on Roman history, Vol. 2 (of 3)Niebuhr, Barthold Georg
History
Niebuhr's lectures on Roman history, Vol. 2 (of 3)
Niebuhr, Barthold Georg
Rome -- History
All these arrangements were administrative ones; he now went on to make
others which affected the constitution itself. The senate was at that
time without control with regard to one of the most important branches
of civil government: Polybius already remarks, that the great power of
the senate in so democratical a republic was owing to two causes. In
the first place, it had quite an unbounded power over the finances;
so that many were dependent on it for their incomes. All the revenues
of the state from customs, mines, tithes, and other sources, were let
to companies of wealthy Romans; and these again in their business
employed the lower classes down to the very lowest, who, therefore,
were all of them under the influence of the senate, which had the
supreme direction: thus indeed, though every one engaged in this way
did not get his maintenance from a government employment, as with us;
the result was practically the same among the Romans, that the state
itself provided for a great part of its subjects. Hence swarms of these
citizens spread themselves as _negotiatores_ over the provinces, and
sucked their life’s blood. This was one of the circumstances which
enabled the small body of the senate to stand its ground so steadily.
The other means which it had, was, that all these people were obliged
to have their patrons in the senate itself, and that the judges in
nearly all the more important causes were senators; at least in all
those which did not directly concern Quiritary property. It is one of
the erroneous notions to be found everywhere, that in ancient Rome a
sort of jury had existed, which was instituted only after the laws of
Gracchus. During the earlier times, no trial was required in any case
of _delictum manifestum_; the identity of the person being proved,
the prætor immediately enforced the law, and that was all. In other
cases, as in criminal causes and those civil suits which were not
brought before the _centum viri_, the decision of one _arbiter_ was
needed, before the prætor could pass a sentence which might be acted
upon. The complaint was laid before the prætor, who after thirty days
named a judge. The latter gave judgment according to certain fixed
rules, from which there was no further appeal; for the appeal which
there had once been to the people had been done away with, whilst for
anything that was not _judicium publicum_, none perhaps had ever been
allowed. Since the seventh century, several pleas for which formerly
special _quæsitores_ had been appointed, from whom they came before
the popular tribunals, were now judged according to the common course
of law; especially the _actiones repetundarum_, the complaints of the
unfortunate provincials against their governors: for these, however,
several judges were granted. But this single judge, or, as the case
might be, these several judges, were always senators; and this was
indeed a strong tie, by which the senate strengthened its authority.
Public-domain text, read in full here on John Shaqi.
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