Rome -- History -- Tiberius, 14-37; Tiberius, Emperor of Rome 42 B.C.-37 A.D.
Enough has been said in the previous chapter to show the bias under
which Tacitus wrote, and the dexterity with which he substituted
inferences and insinuations for evidence. It must, however, be conceded
to Tacitus that the operation of the “Lex Majestatis” was attended by
many and serious evils; for those evils Tiberius and the men of his
time were not responsible. The period was one of transition in most
departments of social organization, and especially in all matters
connected with the administration of justice. Under the Republic every
head of a great family was in theory, and even in practice, a skilled
lawyer; there was no legal profession. The Prætors who presided in the
law courts were not specially trained judges; any Senator might become
a Prætor, and preside in one of the law courts for his year of office;
similarly any Senator might be called upon to take his place as a
juryman, and give his verdict after listening to the evidence and the
speeches of counsel. In course of time the Equestrian Order shared this
duty with Senators.
Similarly there was no such thing as a professional advocate; every
Senator was bound to plead on behalf of his own clients, and no
Senator could recover fees as an advocate; indeed, advocates were
strictly forbidden to ask for fees. The relation between the advocate
and his client was held to be a personal one, not professional. The
word client still in use reminds us of this relation; we have lost
the corresponding word “patron,” which Tacitus and Suetonius employ
precisely in the technical sense of advocate. Such a system could
not be maintained under the increased complexity of life caused by
the expansion of Rome, and the professional advocate was inevitably
evolved; “patrons” who were noticeably successful in winning their
cases naturally attracted “clients”; and hence we have even in the
Republican period men occupying positions not easily distinguishable
from those of our own barristers, and in virtue of various legal
fictions actually making large fortunes by the exercise of their
profession. Cicero and Hortensius were eminent examples of the
non-professional and yet professional advocate.
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