After the expulsion of the kings the ambitious Roman who should dare to
assume their title or imitate their tyranny, was devoted to the infernal
gods; each of his fellow-citizens was armed with the sword of justice;
and the act of Brutus, however repugnant to gratitude or prudence, had
been already sanctified by the judgment of his country. The barbarous
practice of wearing arms in the midst of peace, and the bloody maxims of
honor were unknown to the Romans; and during the two purest ages, from
the establishment of equal freedom to the end of the Punic wars, the
city was never disturbed by sedition, and rarely polluted with atrocious
crimes. The failure of penal laws was more sensibly felt, when every
vice was inflamed by faction at home and dominion abroad. In the time of
Cicero each private citizen enjoyed the privilege of anarchy; each
minister of the republic was exalted to the temptations of regal power,
and their virtues are entitled to the warmest praise, as the spontaneous
fruits of nature or philosophy. After a triennial indulgence of lust,
rapine, and cruelty, Verres, the tyrant of Sicily, could only be sued
for the pecuniary restitution of three hundred thousand pounds sterling;
and such was the temper of the laws, the judges, and perhaps the accuser
himself, that on refunding a thirteenth part of his plunder Verres
could retire to an easy and luxurious exile.[37]
The first imperfect attempt to restore the proportion of crimes and
punishments was made by the dictator Sylla, who, in the midst of his
sanguinary triumph, aspired to restrain the license rather than to
oppress the liberty of the Romans. He gloried in the arbitrary
proscription of four thousand seven hundred citizens. But in the
character of a legislator he respected the prejudices of the times; and
instead of pronouncing a sentence of death against the robber or
assassin, the general who betrayed an army, or the magistrate who ruined
a province, Sylla was content to aggravate the pecuniary damages by the
penalty of exile, or, in more constitutional language, by the
interdiction of fire and water. The Cornelian and afterward the Pompeian
and Julian laws introduced a new system of criminal jurisprudence; and
the emperors, from Augustus to Justinian, disguised their increasing
rigor under the names of the original authors.
Public-domain text, read in full here on John Shaqi.
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