The History of Roman Literature: From the Earliest Period to the Death of Marcus AureliusCruttwell, Charles Thomas
Philosophy
The History of Roman Literature: From the Earliest Period to the Death of Marcus Aurelius
Cruttwell, Charles Thomas
Latin literature -- History and criticism
Under circumstances like these we cannot wonder if strict law was little
attended to, and the moral principles that underlay it still less. The
chief object was to inflame the prejudices or anger of the jurors; or,
still more, to excite their compassion, to serve one's party, or to
acquire favour with the leading citizen. For example, it was a rule that
men of the same political views should appear on the same side. Cicero and
Hortensius, though often opposed, still retained friendly feelings for
each other; but when Cicero went over to the senatorial party, the last
bar to free intercourse with his rival was removed, since henceforward
they were always retained together.
With regard to moving the pity of the judges, many instances of its
success are related both in Greece and Rome. The best are those of Galba
and Piso, both notorious culprits, but both acquitted; the one for
bringing forward his young children, the other for prostrating himself in
a shower of rain to kiss the judges' feet and rising up with a countenance
bedaubed with mud! Facts like these, and they are innumerable, compel us
to believe that the reverence for justice as a sacred thing, so inbred in
Christian civilization, was foreign to the people of Rome. It is a gloomy
spectacle to see a mighty nation deliberately giving the rein to passion
and excitement heedless of the miscarriage of justice. The celebrated law,
re-enacted by Gracchus, "That no citizen should be condemned to death
without the consent of the people," banished justice from the sphere of
reason to that of emotion or caprice. As progress widens emotion
necessarily contracts its sphere; the pure light of reason raises her
beacon on high. When Antonius, the most successful of advocates, declared
that his success was due not to legal knowledge, of which he was
destitute, but to his making the judges pleased, first with themselves and
then with himself, we may appreciate his honesty; but we gladly
acknowledge a state of things as past and gone in which he could wind up
an accusation [39] with these words, "If it ever was excusable for the
Roman people to give the reins to their just excitement, as without doubt
it often has been, there has no case existed in which it was more
excusable than now."
Public-domain text, read in full here on John Shaqi.
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