Rome -- History -- Tiberius, 14-37; Tiberius, Emperor of Rome 42 B.C.-37 A.D.
The fact that there was no organized and officially recognized body of
men to plead in the law courts caused little inconvenience in private
cases. A man who defended the interests of a friend, or brought an
action in his name, was not in an invidious position, even though
by well known evasions of the law he received a consideration for
his friendly services. Again so long as the senatorial constitution
existed, the prosecution of offenders against the State was an
honourable public duty, and young men took their first step in a
political career by conducting a State prosecution or defending the
delinquent. Such prosecutions were political rather than legal;
they were episodes in a never-ending party struggle; they resembled
the impeachments and attainders of our own parliamentary history.
The introduction of the monarch into the Roman Constitution created
a state of affairs for which the Constitution had not provided; the
position of the head of the Government was not defined; it was only
gradually and by a slow process of development that his person and his
good name were protected from attack. We do not possess the text of
the Julian laws passed in the reign of Augustus, whose object was in
part to protect the first person in the State, and to make offences
against his person and reputation offences against the majesty of the
State; but we know enough of their nature to be certain that Augustus
with all his wisdom found an unhappy solution of a real difficulty.
The Roman Republic was not provided with a Public Prosecutor, nor with
law officers of the Crown, nor could Augustus be provided with such
protectors; he could neither through his agents nor in person bring
actions against offenders under the “Lex Majestatis,” for in such a
case the verdict was a foregone conclusion. In order, therefore, that
such cases should be spontaneously brought before the courts, it was
enacted that the prosecutor, if successful, should receive all or part
of the fine. Men were thus tempted not only to get up cases, but to
provide that the evidence should lead to a confiscation of the goods
of the defendant; the greater the penalty, the greater the reward
of the prosecutor. Speculations in promoting conspiracy and then
informing were the natural result. It is easy at this distance of time
to condemn the system, and easier still to forget the long growth of
habits and prescriptions which have rendered trials for treason and
constructive treason and for libelling the Sovereign almost obsolete in
our own country. In our happy ignorance of the conditions which made
such processes possible and necessary we may be tempted to ask with
surprise why Tiberius, if he were really a wise and moderate man, did
not abolish or amend the “Lex Majestatis.” The hostile writers Tacitus
and Suetonius tell us repeatedly that Tiberius never made use of this
law, or of any law, as a means of filling his treasury. The examples of
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