Authors, Latin -- Biography; Cicero, Marcus Tullius; Statesmen -- Rome -- Biography
This trial was, as has been said, a "causa publica," a criminal
accusation of such importance as to demand that it should be tried
before a full bench of judges. Of these the number would be uncertain,
but they were probably above fifty. The Prætor of the day--the Prætor to
whom by lot had fallen for that year that peculiar duty--presided, and
the judges all sat round him. Their duty seems to have consisted in
listening to the pleadings, and then in voting. Each judge could
vote[74] "guilty," "acquitted," or "not proven," as they do in Scotland.
They were, in fact, jurymen rather than judges. It does not seem that
any amount of legal lore was looked for specially in the judges, who at
different periods had been taken from various orders of the citizens,
but who at this moment, by a special law enacted by Sulla, were selected
only from the Senators. We have ample evidence that at this period the
judges in Rome were most corrupt. They were tainted by a double
corruption: that of standing by their order instead of standing by the
public--each man among them feeling that his turn to be accused might
come--and that also of taking direct bribes. Cicero on various
occasions--on this, for instance, and notably in the trial of Verres, to
which we shall come soon--felt very strongly that his only means of
getting a true verdict from the majority of judges was to frighten them
into temporary honesty by the magnitude of the occasion. If a trial
could be slurred through with indifferent advocates, with nothing to
create public notice, with no efforts of genius to attract admiration,
and a large attendance and consequent sympathy the judgment would, as a
matter of course, be bought. In such a case as this of Sextus Roscius,
the poor wretch would be condemned, sewed up in his bag, and thrown into
the sea, a portion of the plunder would be divided among the judges, and
nothing further would be said about it. But if an orator could achieve
for himself such a reputation that the world would come and listen to
him, if he could so speak that Rome should be made to talk about the
trial, then might the judges be frightened into a true verdict. It may
be understood, therefore, of what importance it was to obtain the
services of a Cicero, or of a Hortensius, who was unrivalled at the
Roman bar when Cicero began to plead.
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