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Updated: June 8, 2025
He says that he did tell them indeed, which is talked of, and which did vex the Commons, that the Lords were "Judices nati et Conciliarii nati;" but all other judges among us are under salary, and the Commons themselves served for wages; and therefore the Lords, in reason, were the freer judges.
However, he presided at the trials for corruption and bribery, and drew up laws, pursuant to which the trials were conducted, and with the exception presently to be mentioned, he conducted all the proceedings with dignity and fairness, and he secured to the courts safety, order, and quiet, by taking his own place there with armed men; but when his father-in-law Scipio was under trial, he sent for the three hundred and sixty judices to his house and obtained their support for him, and the accuser gave up the prosecution when he saw Scipio conducted from the Forum by the judices.
The provocatio had always been the challenge to the decision of a magistrate; but in these standing courts the actions of the president and of the judices who sat with him were practically indistinguishable, and the sentence pronounced was in no sense a magisterial decision.
It is not known whether this was the full number of the new jurors, or whether there were additional members selected by a different authority for the trial of other offences. It is not probable that the judiciary law of Gracchus imposed the new class of judices directly on the civil courts.
However, on the first days of the trial it went hard with Marius, and the judices were strongly against him; yet on the last day, contrary to all expectation, he was acquitted, the votes being equal. VI. During his prætorship Marius got only a moderate degree of credit.
"Why all this mummery, my Sergius?" he added, as soon as he had ceased from laughing, "Or wherefore would you have mystified me too?" "I might have wished to see whether the evidence was like to seem valid to the Judices, from its effect upon the Prætor!" answered the other. "And are you satisfied?" "I am."
For not a few were convicted because, by being unwilling to have Cato for one of their judices, they were considered to show that they had no confidence in the justice of their cause; and their revilers even charged it upon some as matter of great reproach that they would not have Cato as one of their judices when he was proposed.
The despotism at which the Gracchi were accused of aiming was introduced by a military conqueror, aided by the aristocracy. He conferred citizenship upon all the Italians but freedmen, and bestowed the sequestered estates of those who had taken side against him or his soldiers. The office of judices was restored to the Senate, and the equites were deprived of their separate seats at festivals.
Gorgias, it is said, was the first Orator who practised this species of concinnity. The following passage in my Defence of Milo is an example. "Est enim, Judices, haec non scripta, fed nata Lex; quam non didicimus, accepimus, legimus, verum ex Natura ipsa arripuimus, hausimus, expressimus; ad quam non docti, sed facti; non instituti, sed imbuti simus."
His attempts to improve on the devices of Saturninus and Gracchus were miserable failures; and the senators who used him, or were influenced by him, shrank from his side when they saw him follow to their logical issue the principles which they had advocated either for selfish objects or only theoretically. Colonies. The body thus composed was to try cases of judices accused of taking bribes.
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